DeathAddict.com Terms of Service
Effective Date: October 24, 2015
By using Death Addict/DeathAddict.com
and its subdomain websites ("The Service", "The Site"), you
signify that you have read, understand and agree to be bound by these Terms and
conditions. You must be 18 years or older to use this Service. You must be a
human. Accounts registered by "bots" or other automated methods are
not permitted. You must provide a valid email address, and any other
information requested in order to complete the signup process. Your login may
only be used by one person. A single login shared by multiple people is not
permitted. You are responsible for maintaining the security of your account and
password. Death Addict/DeathAddict.com cannot and will not be liable for any
loss or damage from your failure to comply with this security obligation. You
are responsible for all Content posted and activity that occurs under your
account (even when Content is posted by others who have access to your
You know and understand that the materials presented at and/or downloadable from The Site include shocking content, such as explicit visual, audio, and/or textual depictions of nudity, violence and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to us that you are intentionally and knowingly seeking access to such explicit materials for your own personal viewing.
Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Death Addict/DeathAddict.com and represent, warrant and covenant that you provide Death Addict/DeathAddict.com with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Death Addict/DeathAddict.com account.
You shall not:
· Create any account for anyone other than yourself without such person's permission;
· Use a User Name that is the name of another person with the intent to impersonate that person;
· Use a User Name or Death Addict/DeathAddict.com account that is subject to any rights of a person other than you without appropriate authorization;
Content and Conduct
Our Service allows you and other users to post, upload, link and otherwise make available Content. You are responsible for the Content that you make available to the Service, including its legality, reliability, and appropriateness. Death Addict/DeathAddict.com reserves the right to remove any Content for any reason whatsoever. Death Addict/DeathAddict.com also reserves the right to ban any individual uploader or website domain from using our services for any reason. When you post, link or otherwise make available Content to the Service, you grant us the right and royalty-free license to use, reproduce, modify, publicly perform, publicly display and distribute your Content on or through the Service (including via applications). We may format your Content for display throughout the Service, but we will not edit or revise the substance of your content itself.
You agree to not use the Service to upload, post, email, transmit or otherwise make available:
· Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
· Content that is illegal or unlawful, that would otherwise create liability;
· Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
· Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
· Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
· Viruses, corrupted data or other harmful, disruptive or destructive files or code.
You also agree that you will not do any of the following in connection with the Service or other users:
· Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
· Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
· Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service; and
· Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
Release and Indemnity
Death Addict/DeathAddict.com cannot be held liable for any damages. All data, location information, photographs, videos, messages, graphics, comments, information, text, tags, or other materials generated, provided, or otherwise made accessible by Death Addict/DeathAddict.com on or through the Service ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not Death Addict/DeathAddict.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Death Addict/DeathAddict.com. Death Addict/DeathAddict.com does not control the Content posted and does not guarantee the accuracy or integrity of such Content. Death Addict/DeathAddict.com shall not be liable for any statements or conduct of any third party using the Service. By using Death Addict/DeathAddict.com you may be exposed to Content that is indecent, objectionable or offensive. Death Addict/DeathAddict.com will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Death Addict/DeathAddict.com will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on Death Addict/DeathAddict.com. Death Addict/DeathAddict.com assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings. You agree to indemnify and hold Death Addict/DeathAddict.com, its sole-owner, its voluntary moderation staff and affiliates exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through Death Addict/DeathAddict.com.
Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Death Addict/DeathAddict.com/DeathAddict.com’s control, and you acknowledge that Death Addict/DeathAddict.com is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Death Addict/DeathAddict.com or any association with its operators. You further acknowledge and agree that Death Addict/DeathAddict.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Choice of Law and Forum
Choice of Law and Forum
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEATH ADDICT/DEATHADDICT.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DEATH ADDICT/DEATHADDICT.COM EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID DEATH ADDICT/DEATHADDICT.COM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT DEATH ADDICT/DEATHADDICT.COM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Death Addict/DeathAddict.com/DeathAddict.com’s designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Copyright Agent
You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Jersey and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Death Addict/DeathAddict.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Death Addict/DeathAddict.com/DeathAddict.com’s sole discretion.
C. Repeat Infringers. Death Addict/DeathAddict.com will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.