1.
ACCEPTANCE
By using and/or visiting the
Lacy Tube website
(collectively, including but not
limited to all Content, Uploads
and User Submissions available
through Lacy Tube, "Lacy
Tube", the website) you
agree to the terms and
conditions contained herin and
the terms and conditions of Lacy
Tube's privacy policy
incorporated herin, and all
future amendments and
modifications (collectively
referred to as the "Agreement").
By entering, you agree to be
bound by these terms and
conditions. If you do not agree
to be bound the terms and
conditions contained herein,
then do not use Lacy Tube.
The terms and conditions of this
Agreement are subject to change
by Lacy Tube at any time
in its sole discretion and you
agree be bound by all
modifications, changes and/or
revisions. If you do not accept
to be bound by any and all
modifications, changes and/or
revisions of this agreement, you
many not use Lacy Tube.
The terms and conditions
contained herein apply to all
users of Lacy Tube whether
a 'visitor' or a 'member' and
you are only authorized to use
Lacy Tube if you agree to
abide by all applicable laws and
be legally bound by the terms
and conditions of this
Agreement.
2.
DESCRIPTION
The Lacy Tube website
allows for uploading, sharing
and general viewing various
types of content allowing
registered and unregistered
users to share and view visual
depictions of adult content,
including sexually explicit
images. In addition, Lacy Tube contains video content,
information and other materials
posted/uploaded by users. Lacy
Tube allows its users to
view the Content and Website
subject to the terms and
conditions of this Agreement.
The Lacy Tube website may
also contain certain links to
third party websites which are
in no way owned or controlled by
Lacy Tube. Lacy Tube
assumes no responsibility for
the content, privacy policies,
practices of any and all third
party websites. Lacy Tube
cannot censor or edit the
content of third party sites.
You acknowledge that Lacy Tube will not be liable for any
and all liability arising for
your use of any third-party
website.
Lacy Tube is for your
personal use and shall not be
used for any commercial endeavor
except those specifically
endorsed or approved by Lacy
Tube. Any illegal and/or
unauthorized use of Lacy Tube is prohibited including
but not limited to collecting
usernames and e-mail addresses
for sending unsolicited emails
or unauthorized framing or
linking to the Lacy Tube
website is prohibited.
3.
ACCESS
In order to use this website,
you affirm that you are at least
eighteen (18) year of age and/or
over the age of majority in the
jurisdiction you reside and from
which you access the website
where the age of majority is
greater than eighteen (18) years
of age. If you are under the age
of 18 and/or under the age of
majority in the jurisdiction you
reside and from which you access
the website, then you are not
permitted to use the website.
4.
CONDUCT
You acknowledge and agree that
you shall be responsible for
your own user submissions and
the consequences of posting,
uploading, publishing
transmitting or other making
them available on Lacy Tube. You agree that you shall
not (nor others using your
account) post, upload, publish,
transmit or make available in
any way on Lacy Tube
content which is illegal,
unlawful, harassing, harmful,
threatening, tortuous, abusive,
defamatory, obscene, libelous,
invasive of one's privacy
including but not limited to
personal information, hateful,
racial. You also agree that you
shall not post, upload, publish,
transmit or make available in
any way on Lacy Tube
software containing viruses or
any other computer code, files,
or programs designed to destroy,
interrupt, limit the
functionality of, or monitor, or
persistently reside in or on any
computer software or hardware or
telecommunications equipment.
You agree that you shall not
(nor others using your account)
post, upload, publish, transmit
or make available in any way on
Lacy Tube content which is
intentionally or unintentionally
violating any applicable local,
state, national, or
international law, or any
regulations or laws having the
force of law where you reside
and elsewhere, including but not
limited to any laws or
regulations relating to
securities, privacy, and export
control; engage in, promote, You
agree that you shall not (nor
others using your account) post,
upload, publish, transmit or
make available in any way on
Lacy Tube content
depicting illegal activities,
promote or depict physical harm
or injury against any group or
individual, or promote or depict
any act of cruelty to animals;
You agree not to use Lacy Tube in any way that exposes
Lacy Tube to criminal or
civil liability.
You agree that Lacy Tube
shall have the right to
determine in its sole and
unfettered discretion, what
action shall be taken in the
event of any discovered or
reported violation of the terms
and conditions contained herein.
5.
INTELLECTUAL PROPERTY
The Content contained on the
Lacy Tube with the
exception of User Submissions
including but not limited to the
text, software, scripts,
graphics, music, videos, photos,
sounds, interactive features and
trademarks, service marks and
logos contained therein, are
owned by and/or licensed to Lacy
Tube, subject to copyright and
other intellectual property
rights under United States,
Canada and foreign laws and
international conventions.
Content on the Website is
provided to you AS IS for your
information and personal use
only and may not be used,
copied, reproduced, distributed,
transmitted, broadcast,
displayed, sold, licensed, or
otherwise exploited for any
other purposes whatsoever
without the prior written
consent of the respective
owners. Lacy Tube reserves
all rights not expressly granted
in and to the Website and the
Content. You agree to not engage
in the use, copying, or
distribution of any of the
Content other than expressly
permitted herein, including any
use, copying, and/or
distribution of User Submissions
of third parties obtained
through the Website for any
commercial purposes. If you
download or print a copy of the
Content for personal use, you
must retain all copyright and
other proprietary notices
contained therein. You agree not
to disable, circumvent, or
otherwise interfere with
security related features of the
Lacy Tube or features that
prevent or restrict use or
copying of any Content or
enforce limitations on use of
the Lacy Tube Website or
the Content therein.
6.
USER SUBMISSIONS
Lacy Tube permits the
submission of video and other
communications and the hosting,
sharing and publishing of such
user submissions. You understand
that whether or not such User
Submissions are published and/or
uploaded, Lacy Tube does
not guarantee any
confidentiality with respect to
any submissions.
Lacy Tube allows/permits
you to link to materials on the
Website for personal,
non-commercial purposes only.
More over, Lacy Tube
provides an "Embeddable Player"
feature, which you may
incorporate into your own
personal, non-commercial
websites for use in accessing
the materials on the Website,
provided that you include a
prominent link back to the Lacy
Tube website on the pages
containing the Embeddable
Player. Lacy Tube reserves
the right to discontinue any
aspect of the Lacy Tube
website at any time. In
addition, you may not modify,
build upon or block any portion
of the Embeddable Player in any
way.
You shall be solely responsible
for any and all of your own User
Submissions and the consequences
of posting, uploading and
publishing them. Furthermore,
with User Submissions, you
affirm, represent and/or warrant
that:
-
you own or retain the
necessary licenses, rights,
consents, and permissions to
use and authorize Lacy Tube to use all trademarks,
copyrights, trade secrets,
patents, or other
proprietary rights in and to
any and all User Submissions
to enable inclusion and use
of the User Submissions in
the manner contemplated by
the Website and these Terms
of Service; and
-
you will not post, or allow
anyone else to post, any
material that depicts any
person under the age of 18
years and you have inspected
and are maintaining written
documentation sufficient to
confirm that all subjects of
your submissions are, in
fact, over the age of 18
years.
-
You have the written
consent, release, and/or
permission of each and every
identifiable individual
person in the User
Submission to use the name
or likeness of each and
every such identifiable
individual person to enable
inclusion and use of the
User Submissions in the
manner contemplated by the
Website and these Terms of
Service. For clarity, you
retain all of your ownership
rights in your User
Submissions. By submitting
the User Submissions to Lacy
Tube, you hereby grant
Lacy Tube a worldwide,
non-exclusive, royalty-free, sublicenseable and
transferable license to use,
reproduce, distribute,
prepare derivative works of,
display, and perform the
User Submissions in
connection with the Lacy
Tube Website and Lacy Tube's (and its
successor's) business,
including without limitation
for promoting and
redistributing part or all
of the Lacy Tube
Website (and derivative
works thereof) in any media
formats and through any
media channels. You also
hereby grant each user of
the Lacy Tube Website
a non-exclusive license to
access your User Submissions
through the Website, and to
use, reproduce, distribute,
prepare derivative works of,
display and perform such
User Submissions as
permitted through the
functionality of the Website
and under these Terms of
Service. The foregoing
license granted by you
terminates once you remove
or delete a User Submission
from the Lacy Tube
Website.
In
submitting material (video or
other communication), you
further agree that you shall
not:
-
submit material that is
copyrighted, protected by
trade secret or otherwise
subject to third party
proprietary rights,
including privacy and
publicity rights, unless you
are the owner of such rights
or have permission from
their rightful owner to post
the material and to grant
Lacy Tube all of the
license rights granted
herein;
-
publish falsehoods or
misrepresentations that
could damage Lacy Tube
or any third party;
-
submit material that is
obscene, illegal, unlawful,
, defamatory, libelous,
harassing, hateful, racially
or ethnically offensive, or
encourages conduct that
would be considered a
criminal offense, give rise
to civil liability, violate
any law, or is otherwise
inappropriate;
-
post advertisements or
solicitations of business;
-
Impersonate another person.
Lacy Tube does not
endorse any User Submission
or any opinion,
recommendation, or advice
expressed therein, and Lacy
Tube expressly
disclaims any and all
liability in connection with
User Submissions. Lacy Tube does not permit
copyright infringing
activities and infringement
of intellectual property
rights on its Website, and
Lacy Tube will remove
all Content and User
Submissions if properly
notified that such Content
or User Submission infringes
on another's intellectual
property rights. Lacy Tube reserves the right to
remove Content and User
Submissions without prior
notice or delay. Lacy Tube will also terminate a
User's access to its
Website, if they are
determined to be an
infringer. While
pornographic and adult
content are accepted, Lacy
Tube also reserves the
right to decide in its sole
and unfettered discretion,
whether Content or a User
Submission is appropriate
and complies with these
Terms of Service for
violations other than
copyright infringement and
violations of intellectual
property law, such as, but
not limited to, obscene or
defamatory material, or
excessive length. Lacy Tube may remove such User
Submissions and/or terminate
a User's access for
uploading such material in
violation of these Terms of
Service at any time, without
prior notice and at its sole
discretion.
You understand and acknowledge
that when using Lacy Tube,
you will be exposed to User
Submissions from a variety of
sources, and that Lacy Tube is not responsible for the
accuracy, usefulness, safety, or
intellectual property rights of
or relating to such User
Submissions. You further
understand and acknowledge that
you may be exposed to User
Submissions that are inaccurate,
offensive, indecent, or
objectionable, and you agree to
waive, and hereby do waive, any
legal or equitable rights or
remedies you have or may have
against Lacy Tube with
respect thereto, and agree to
indemnify and hold Lacy Tube, its Owners, affiliates,
operators, and/or licensors,
harmless to the fullest extent
allowed by law regarding all
matters related to your use of
the website.
You agree that Lacy Tube
may at its sole discretion have
the right to refuse to publish,
remove, or block access to any
User Submission that is
available via the Website or
other Lacy Tube network or
services at any time, for any
reason, or for no reason at all,
with or without notice.
Lacy Tube provides its
website as a service to its
users. However, Lacy Tube
assumes no responsibility
whatsoever for monitoring the
Lacy Tube Services for
inappropriate content or
conduct. If at any time Lacy
Tube chooses, in its sole
discretion, to monitor the Lacy
Tube Services, however,
Lacy Tube assumes no
responsibility for the content,
no obligation to modify or
remove any inappropriate
content, and no responsibility
for the conduct of the User
submitting any such content.
Lacy Tube may review and
delete any User Submissions
that, in its sole judgment,
violates this Agreement or may
be otherwise offensive or
illegal, or violate the rights,
harm, or threaten the safety of
any User or person not
associated with the Website
(collectively "Inappropriate
User Submissions"). You are
solely responsible for the User
Submissions that you make
visible on the Website or to any
third-party website via an
embedded player provided by the
Website or any other material or
information that you transmit or
share with other Users or
unrelated third-parties via the
Website.
7.
ACCOUNT TERMINATION POLICY
-
a User's access to Lacy Tube will be terminated if,
under appropriate
conditions, the User is
determined to infringe
repeatedly.
-
Lacy Tube reserves the
right to decide whether
Content or if a User's
Submission is appropriate
and complies with these
Terms and Conditions in
regards to violations other
than copyright infringement
or privacy law, such as, but
not limited to, hate crimes,
pornography, obscene or
defamatory material, or
excessive length. Lacy Tube may remove such User
Submissions and/or terminate
a User's access for
uploading such material in
violation of these Terms and
Conditions at any time,
without prior notice and at
its sole discretion.
8.
POLICY
Lacy Tube abides by a ZERO
TOLERANCE policy relating to any
illegal content. Child
Pornography, bestiality, rape,
torture, snuff, death and/or any
other type of obscene and/or
illegal material shall not be
tolerated by Lacy Tube.
Lacy Tube shall not
condone child pornography and
will cooperate with all
governmental agencies that seek
those who produce child
pornography.
9.
FEES
You acknowledge that Lacy Tube reserves the right to
charge for Lacy Tube
services and to change its fees
from time to time in its
discretion. Further more, in the
event Lacy Tube terminates
your rights to use the website
because of a breach of this
Agreement, you shall not be
entitled to the refund of any
unused portion of subscription
fees.
10. WARRANTIES
You represent and warrant that
all of the information provided
by you to Lacy Tube to
participate in the Lacy Tube website is accurate and
current and you have all
necessary right, power, and
authority to enter into this
Agreement and to perform the
acts required of you hereunder.
As
a condition to using the Lacy
Tube, you must agree to
the terms of Lacy Tube's
privacy policy and its
modifications. You acknowledge
and agree that the technical
processing and transmission of
the Website, including your User
Submissions, may involve
transmissions over various
networks; and changes to conform
and adapt to technical
requirements of connecting
networks or devices. You further
acknowledge and agree that other
data collected and maintained by
Lacy Tube with regard to
its users may be disclosed in
accordance with the Lacy Tube Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE
Lacy Tube WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW,
Lacy Tube, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND YOUR USE
THEREOF. Lacy Tube MAKES
NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S
CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY
-
ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT,
-
PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF
OUR WEBSITE,
-
ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
-
ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR
-
ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR 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 VIA
THE Lacy Tube WEBSITE.
Lacy Tube DOES NOT
WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE Lacy
Tube WEBSITE OR ANY
HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND Lacy
Tube WILL NOT BE A
PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU
AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE
APPROPRIATE. THE FOREGOING
LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT Lacy Tube SHALL
NOT BE LIABLE FOR USER
SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY
WITH YOU.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL Lacy Tube, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES
WHATSOEVER RESULTING FROM ANY
-
ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT,
-
PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF
OUR WEBSITE,
-
ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
-
ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO
OR FROM OUR WEBSITE,
-
ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR
-
ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA
THE Lacy Tube WEBSITE,
WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT Lacy Tube SHALL
NOT BE LIABLE FOR USER
SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD
PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY
WITH YOU.
13. INDEMNITY
You agree to defend, indemnify
and hold harmless Lacy Tube, its parent corporation,
officers, directors, employees
and agents, from and against any
and all claims, damages,
obligations, losses,
liabilities, costs or debt, and
expenses (including but not
limited to attorney's fees)
arising from:
-
your use of and access to
the Lacy Tube Website;
-
your violation of any term
of these Terms of Service;
-
your violation of any third
party right, including
without limitation any
copyright, property, or
privacy right; or
-
Any claim that one of your
User Submissions caused
damage to a third party.
This defense and
indemnification obligation
will survive these Terms of
Service and your use of the
Lacy Tube Website.
You affirm that you are either
more than 18 years of age or an
emancipated minor, or possess
legal parental or guardian
consent, and are fully able and
competent to enter into the
terms, conditions, obligations,
affirmations, representations,
and warranties set forth in
these Terms of Service, and to
abide by and comply with these
Terms and Conditions contained
herein.
14. ASSIGNMENT
The Terms and Conditions
contained herein and any rights
and licenses granted hereunder,
may not be transferred or
assigned by you, but may be
assigned by Lacy Tube
without restriction.
If
any term, clause or provision of
the agreement is held invalid or
unenforceable by a court of
competent jurisdiction, such
invalidity shall not affect the
validity or operation of any
term, clause or provision and
such invalid term, clause or
provision shall be deemed to be
severed from this Agreement.
15. JURISDICTION
This Agreement shall be governed
by and construed in accordance
with the laws of U.S.A., without
regard to conflicts of law
principles. The sole and
exclusive jurisdiction and venue
for any action or proceeding
arising out of or related to
this Agreement shall be in an
appropriate state or federal
court located in the U.S.A. You
hereby submit to the
jurisdiction and venue of said
Courts. You consent to service
of process in any legal
proceeding.