1. ACCEPTANCE

By using and/or visiting the Fucked.TV website (collectively, including but not limited to all Content, Uploads and User Submissions available through Fucked.TV, “Fucked.TV”, the website) you agree to the terms and conditions contained herein, all future amendments and medications (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 by the terms and conditions herein, then do not use Fucked.TV.

The terms and conditions of this Agreement are subject to change by Fucked.TV at any time and in its sole discretion and you agree to be bound by all modifications, changes and/or revisions. If you do not accept to be bound by all of the modifications to these terms and conditions, changes and/or revisions to this Agreement, then you are not permitted to use Fucked.TV.

The terms and conditions contained herein apply to all users of Fucked.TV, whether a visitor or a member and by using Fucked.TV you agree to abide by all applicable laws and be legally bound by the terms and conditions contained within this Agreement.

2. DESCRIPTION OF SERVICES

Fucked.TV allows for uploading, sharing and viewing of various types of content and allows both registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. Additionally, Fucked.TV contains video content, photos, information and other materials posted and/or uploaded by users. Fucked.TV allows users to view the content, photos, information and other materials uploaded by users subject to the terms and conditions contained within this Agreement.

Fucked.TV contains links to third party websites that are neither owned nor controlled by Fucked.TV. Fucked.TV assumes no responsibility for the content, privacy policies and/or practices of third party websites. Fucked.TV cannot censor or edit the content of third party websites. By using Fucked.TV you acknowledge that Fucked.TV will not be liable for any liability arising out of your use of third party websites.

Fucked.TV is for your own personal use and shall not be used for any commercial activities except those specifically endorsed or approved by Fucked.TV. Any illegal and/or unauthorized use of Fucked.TV is prohibited, including but not limited to collecting user names, email addresses, the sending of unsolicited emails or the unauthorized framing or linking to Fucked.TV.

3. ACCESS

By using Fucked.TV you affirm that you are at least eighteen (18) years old and/or over the age of majority in the jurisdiction of which you reside and from which you access Fucked.TV where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in which you reside and/or access Fucked.TV, then you are not permitted to use this website.

4. USER CONDUCT

By using Fucked.TV you acknowledge that you are responsible for your own user submissions and the consequences of posting, uploading, publishing, transmitting and/or making them available on Fucked.TV. By using Fucked.TV you agree that you will not (nor allow any other person using your account) post, upload, publish, transmit or make available in any way on Fucked.TV website 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. By using Fucked.TV you agree that you will not post, upload, publish, transmit or make available in any way on the Fucked.TV website content which is intentionally or unintentionally violating any applicable state, local, state, national or international law, or any regulations or laws having the force of law where you reside or elsewhere, including but not limited to any laws or regulations relating to securities, privacy and export control. By using Fucked.TV you agree that you will not (nor allow any other person using your account) post, upload, publish, transmit or make available in any way on Fucked.TV content depicting illegal activities, child pornography, bestiality, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You further agree not to use Fucked.TV in any way that exposes Fucked.TV to criminal or civil liability.

By using Fucked.TV you agree that Fucked.TV will have the right to determine in its sole discretion what action shall be taken in the event of any discovered or reported violation of this Agreement.

5. INTELLECTUAL PROPERTY

All content contained on Fucked.TV 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 on Fucked.TV are owned and/or licensed by Fucked.TV, subject to copyright and/or other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on Fucked.TV 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 otherwisr e exploited for any purposes whatsoever without the prior written consent of Fucked.TV or the respective owner(s) of such content. Fucked.TV reserves all rights not expressly granted in and to Fucked.TV. You agree to not engage in the use, copying or distribution of any of the content on Fucked.TV other than expressly permitted herein, including any use, copying and/or distribution of User Submissions for commercial purposes. By using Fucked.TV you agree not to disable, circumvent or otherwise interfere with the security related features of Fucked.TV or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Fucked.TV website or any of the content therein.

6. USER SUBMISSIONS

Fucked.TV permits the submission of videos, photos, blogs, comments and the hosting, sharing and publishing of such submissions. As a user of Fucked.TV you understand that whether or not such User Submissions are published and/or uploaded, Fucked.TV does not guarantee any confidentiality with respect to any submissions.

Fucked.TV allows and permits you to link to materials on Fucked.TV for personal, non-commercial purposes only. 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 and represent and warrant that:

6.1. You own or retrain retain the necessary licenses, rights, consents and permissions to use and authorize Fucked.TV 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 Fucked.TV and these terms and conditions; and

6.2. You will not post or upload or allow anyone else to post or upload, any material that depicts any person under the age of eighteen (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 eighteen (18) years;

6.3. You have written consent, release and/or permission of each and every identifiable individual person in the User Submissions in 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 Fucked.TV and these terms and conditions. For clarity, you retain all of your ownership rights in your User Submission. By submitting the User Submissions to Fucked.TV, you hereby grant Fucked.TV 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 Fucked.TV website and Fucked.TV’s (and its successors) business, including without limitation for promoting and redistributing part or all of Fucked.TV’s website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Fucked.TV website a non-exclusive license to access your User Submissions through the Fucked.TV website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Fucked.TV website and under these terms and conditions. The foregoing license granted by you terminates once you remove or delete a User Submission from the Fucked.TV website.

In submitting material (video, photos, written words or other communication), you further agree that you shall not:

6.4. 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 the rightful owner to post the material and to grant Fucked.TV all of the license rights granted herein;

6.5. Publish falsehoods or misrepresentations that could damage Fucked.TV or any third party;

6.6. 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;

6.7. Post advertisements or solicitations of business;

6.8. Impersonate another person. Fucked.TV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Fucked.TV expressly disclaims any and all liability in connection with User Submissions. Fucked.TV does not permit copyright infringing activities and infringement of intellectual property rights on the Fucked.TV website, and Fucked.TV will remove all content and User Submissions if properly notified that such content or User Submission infringes on another’s intellectual property rights. Fucked.TV reserves the right to remove content and User Submissions without prior notice or delay. Fucked.TV will also terminate a User’s access to Fucked.TV if they are determined to be an infringer. While pornographic and adult content are accepted, Fucked.TV 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 and conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, file corruption or poor quality, or excessive length. Fucked.TV 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 in its sole discretion.

By using Fucked.TV you understand and acknowledge that you will be exposed to User Submissions from a variety of sources, and that Fucked.TV 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 Fucked.TV with respect thereto, and agree to indemnify and hold Fucked.TV, its owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Fucked.TV. You agree that Fucked.TV may, at its sole discretion, have the right to refuse to publish, remove, or block access to any User Submission that is available via Fucked.TV or other Fucked.TV network websites or services at any time, for any reason, or for no reason at all, with or without notice.

Fucked.TV provides its website as a service to its users. However, Fucked.TV assumes no responsibility whatsoever for monitoring the Fucked.TV website for inappropriate content or conduct. If at any time Fucked.TV chooses, in its sole discretion, to monitor the Fucked.TV website, Fucked.TV 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. Fucked.TV may review and/or 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 Fucked.TV (collectively, “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on Fucked.TV or any third-party website via an embedded player provided by Fucked.TV or any other material or information that you transmit or share with other Users or unrelated third-parties via the Fucked.TV website.

7. POLICY

Fucked.TV 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 Fucked.TV. Fucked.TV shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce and/or share child pornography.

8. WARRANTIES

By using Fucked.TV, you represent and warrant that all of the information provided by you to Fucked.TV to participate in the Fucked.TV website is accurate and current and that you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you herein. As a condition of using Fucked.TV, you must agree to these terms and conditions and its modifications. You acknowledge and agree that the technical processing and transmission of the Fucked.TV 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. Your further acknowledge and agree that other data collected and maintained by Fucked.TV with regard to its users may be disclosed in accordance with the Fucked.TV Privacy Policy.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE Fucked.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUCKED.TV, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FUCKED.TV WEBSITE AND YOUR USE THEREOF. FUCKED.TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE FUCKED.TV WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

9.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

9.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FUCKED.TV WEBSITE OR ANY WEBSITES IT LINKS TO;

9.3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED WITHIN;

9.4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO AND FROM THE FUCKED.TV WEBSITE;

9.5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FUCKED.TV WEBSITE BY ANY THIRD PARTY AND/OR; 9.6. 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 FUCKED.TV WEBSITE. FUCKED.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FUCKED.TV WEBSITE, ANY MAILINGS FROM FUCKED.TV, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER, TEXT ADVERTISEMENT, IN-VIDEO ADVERTISEMENT, OR OTHER ADVERTISING, AND FUCKED.TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE 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 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FUCKED.TV 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 RESISTS ENTIRELY WITH YOU.

10. INDEMNITY

You agree to defend, indemnify, and hold harmless Fucked.TV, its owner, 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:

10.1. Your use of and access to the Fucked.TV website;

10.2. Your violation of any of these terms and conditions;

10.3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

10.4. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these terms and conditions and your use of the Fucked.TV website. You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions, and to abide by and comply with the terms and conditions contained herein.

11. ASSIGNMENT

The terms and conditions contained herein and any rights and licenses granted herein, may not be transferred or assigned by you, but may be assigned by Fucked.TV 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.

Modified: August 6, 2010

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