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Content Submission Agreement
Digital Content Submission Agreement: Submitting content (videos, audio, sounds, images, text, gifs and any other type of digital content):
THIS DIGITAL CONTENT SUBMISSION AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND 411GLORYHOLE. BY MAKING AN ONLINE SUBMISSION OF ANY CONTENT (DEFINED BELOW) TO 411GLORYHOLE, YOU CONFIRM YOUR ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT AND FORM A LEGAL CONTRACT BETWEEN YOU AND 411GLORYHOLE.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT YOU PROVIDE OR SUBMIT TO 411GLORYHOLE MAY BE USED AS DESCRIBED HEREIN INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH THE 411GLORYHOLE WEBSITES, SOFTWARE, FEATURES AND ONLINE SERVICES (THE "SERVICE"). YOU ACKNOWLEDGE THAT THE SERVICE WILL FEATURE USER GENERATED AND OTHER MATERIALS EXPLICITLY DEPICTING SEX BETWEEN CONSENTING ADULTS, AND OTHER INFORMATION AND MATERIALS OF A GRAPHIC AND SEXUAL NATURE.
BY SUBMITTING OR PROVIDING ANY DIGITAL CONTENT (VIDEOS, AUDIO, IMAGES, TEXT AND/OR ANY TYPE OF DIGITAL CONTENT), YOU REPRESENT AND WARRANT THAT:
YOU ARE OVER THE AGE OF EIGHTEEN (18) AND HAVE THE LEGAL AUTHORITY IN YOUR JURISDICTION OF RESIDENCE TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS, YOU MEET THE AGE REQUIREMENTS SET FORTH IN SECTION 3 BELOW, AND EACH VIDEO YOU SUBMIT OR PROVIDE TO US CONFORMS TO THE CONTENT REQUIREMENTS SET FORTH IN THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.
IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT SUBMIT OR PROVIDE US WITH ANY DIGITAL CONTENT SUCH AS VIDEOS, AUDIO, IMAGES, TEXT AND/OR ANY TYPE OF DIGITAL CONTENT.
Digital contents may be submitted or provided only by persons who are eighteen (18) years of age or older, and of the age of majority under all applicable laws of their state, province and/or country ("Age of Majority"). You may not submit or provide any Videos or other Content to us if you are under the Age of Majority.
You represent, warrant, and agree that you will NOT provide, submit or attempt to submit any Content that:
is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; contains obscene material, including without limitation any material depicting bestiality, rape, torture, or scat; contains any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer whether or not the performer is real or computer generated (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc.; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; depicts any person that has not expressly consented in writing to:
use their depiction in such Content, and our use of the Content in which they appear as permitted by this Agreement; harasses or advocates harassment of another person; is an advertisement for goods or services or a solicitation of funds, except to the extent we have authorized you to do so in writing; solicits personally identifiable information from anyone; includes any personal information such as telephone numbers, street addresses, last names, or email addresses, unless specifically requested by us; promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; contains a formula, instruction, or advice that could cause harm or injury; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; the licensed use by us hereunder would result in us having any obligation or liability to any party; depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or violates this Agreement, the terms and conditions applicable to our Service (or any feature thereof), any additional rules posted on our Service, or any applicable laws or regulations.
You must own or have the necessary licenses, rights, consents and permissions to publish the Content on the Service and grant to 411gloryhole all rights granted hereunder. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
You shall not submit any Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Content that you submit.
If you submit Video(s), you must conform with any technical or other additional guidelines specified by us. We will endeavor to post such additional guidelines on our website(s) that enable you to submit Video(s).
Use of Digital Content Submitted to 411gloryhole
411gloryhole is under no obligation to use, post, review, include or make reference to any submitted digital content such as videos, audio, images, text, etc). Subject to the limitation in Section 6(c) below, 411gloryhole may, in its sole discretion, at any time, post, promote and/or include submitted content on the Service. 411gloryhole may also remove any or all of the submitted content from the Service at any time in its sole discretion.
411gloryhole does not intend to add any copyright notice for the benefit of you on any submitted content. You shall file a registration with the U.S. Copyright Office if you wish to have available the remedies provided under the US Copyright Act, as amended (Title 17 of the United States Code). If you include a copyright notice as part of any submitted content, you agree that 411gloryhole shall have no liability if 411gloryhole or any person removes, covers, or obscures such notice or if such notice is otherwise deleted from the Service.
411gloryhole may or many not provide appropriate attribution for submitted content that appears on the Service, in such form, substance and placement as is determined by you within the range of attribution options offered by 411gloryhole as part of the functionality of the Service.
The selection of your submitted content for display on the Service does not constitute an implied or express determination that the contents of such video, audio, images, text, etc. conform to any applicable laws. You agree that 411gloryhole has no obligation to you to display any submitted content on the Service. 411gloryhole reserves the right to reject, delete, or remove, without notice to you, any submitted content that 411gloryhole deems, in its sole discretion, to be unacceptable or inappropriate for any reason or for no reason, including if 411gloryhole deems such submitted content to be abusive, defamatory, obscene, in violation of copyright, trademark or other intellectual property or privacy rights, or to be otherwise in violation of this Agreement.
You acknowledge that if 411gloryhole receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law, 411gloryhole may remove videos associated with such claim.
We may delay or fail to launch, or suspend or discontinue operation of the Service, or any feature thereof, at any time. You have no right to maintain or access your Content on the Service and we have no obligation to return your Content or otherwise make it available to you. We may, in our sole discretion, delete, move, re-format, remove or refuse to exploit Content without notice or liability; provided, however, that we reserve the right to treat Content on the Service, or on certain portions of the Service, as content stored at the direction of users for which we will not exercise editorial control except to block or remove content that is obscene, violent, harassing or otherwise objectionable or to enforce the rights of third parties.
It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Content, and we do not accept any responsibility for same, but you grant us the right to protect and enforce our licensed rights to your Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of Content or other information may not be secure, and you should carefully consider this before submitting any Content or other information to us.
Rights Granted to 411gloryhole
You acknowledge and agree that 411gloryhole may use and otherwise exploit any ideas, suggestions, and concepts, in whole or in part, that you provide to 411gloryhole, whether as part of your Content or otherwise, and without any compensation or accounting to you, including in products or services developed (now or in the future) by 411gloryhole, without limitation or restriction whatsoever.
In the event you use the functionality of the Service to remove your Video(s) from public display on the Service, 411gloryhole agrees not to restore such Video(s) to public display on the Service; provided, however, you understand and agree that in order to remove any Video(s) from public display on the Service you must first obtain and maintain a user account for the Service which requires your agreement to the Terms of Service governing access and use of the Service.
You waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the Content.
If you become aware that Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice.
You hereby represent, warrant and covenant that:
you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit;
all Content is your original work and not based on any other work(s);
you have the full right and authority to enter into this Agreement and to grant the rights granted hereunder;
it is not necessary for 411gloryhole to obtain the consent of or pay any amounts to any third party in order to fully enjoy and exercise the rights granted to 411gloryhole hereunder;
the Content supplied by you and the use thereof will not cause injury to any person or entity or violate any rights of any person or entity including, without limitation, rights of publicity or rights against defamation or libel or invasion of privacy;
you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described;
you shall comply with all of your obligations hereunder and all laws, rules and regulations that apply to your submission of Content and/or activities in connection with the Content;
all Content is in accordance with all of our posted guidelines and does not contain any viruses or any computer programming routines that are intended to or which have the potential to damage, detrimentally interfere with, surreptitiously intercept the Service or any website, computer system, data or personal information;
all information provided by you in connection with this Agreement and the Content is current, accurate, and complete; and all Content supplied by you shall has been produced in accordance with all applicable provisions of local, state and federal laws.
411gloryhole shall have the right to transfer or assign its rights and/or obligations pursuant to this Agreement to any other person, corporation or entity, and shall be relieved of its obligations to you hereunder to the extent such obligations are assumed by such person, corporation or entity. You may not assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.
You hereby release 411gloryhole and its affiliates, and its and their respective officers, directors, members, managers, partners, employees, agents, licensors, representatives, advertisers, service providers and any other type of suppliers harmless from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits and expenses (including legal fees and expenses) with respect to (i) your violation of this Agreement, or rights of us or any other person or entity, or any applicable law, and (ii) the Content. This release includes, without limitation, any and all liability for any use or nonuse of your Video(s), claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
If you are a California resident, you waive California Civil Code 1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Ownership of Video(s) and Content
Your Video(s) and your other Content shall remain your sole and exclusive property.
You acknowledge that other persons may have submitted videos to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation from 411gloryhole because of the use or exploitation thereof.
You agree to defend, indemnify and hold harmless 411gloryhole, its affiliates, and its and their parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, members, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your violation or alleged violation of any term of this Agreement, including without limitation, your breach or alleged breach of any of your representations and warranties herein; your violation or alleged violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; your violation or alleged violation of any law, rule or regulation of the United States or any other country, state, or province; any Content that you submit or otherwise provide to 411gloryhole; or your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Limitation of Remedies; Limitation of Liability
You acknowledge and agree that the sole remedy available to you for 411gloryhole's breach of or non-compliance with any of the provisions of this Agreement shall be an action at law for damages, it being agreed that in no event shall you seek or be entitled to injunctive or other equitable relief for any such breach or non-compliance.
IN NO EVENT WILL 411gloryhole BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR CONTENT. MOREOVER, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF 411GLORYHOLE, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ANY DIRECT OR INDIRECT DAMAGES. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION INITIATED BY YOU ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY CONTENT OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
You agree that 411gloryhole may provide you with notices by email. 411gloryhole may address such notices to the e-mail address provided in connection with the submission Content and/or any other address provided by you in connection with your user account, if any, on the Service.
You agree to cooperate fully with 411gloryhole to investigate any suspected or actual activity that is in breach of this Agreement or any applicable law. 411gloryhole and its affiliates reserve the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Service or to comply with legal, regulatory, audit and compliance obligations.
Neither this Agreement, nor any of the terms and conditions contained herein, will be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.
411gloryhole will not be liable to you by reason of any failure or delay in performance because of events beyond 411gloryhole's reasonable control, which may include, without limitation, denial-of-service attacks, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, earthquakes, or internet connectivity, hacking performance related issues, hosting related service issues or failure issues experienced by major telecommunications providers, third party platforms or publishers or hosting service providers or co-location facilities.
You agree that if 411gloryhole does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which 411gloryhole has the benefit of under any applicable law), this will not be taken to be a formal waiver of 411gloryhole's rights and that those rights or remedies will still be available to 411gloryhole.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
The Agreement, and your relationship with 411gloryhole under the Agreement, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and 411gloryhole agree to submit to the exclusive jurisdiction of the courts located within the county of New York, New York, and courts with appellate jurisdiction therefrom, to resolve any legal matter arising from the Agreement or the use of Content. Notwithstanding this, you agree that 411gloryhole shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND 411GLORYHOLE WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND 411GLORYHOLE WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications. This Agreement can only be changed or terminated by a written agreement signed by both parties.