1. ACCEPTANCE
By using and/or visiting the D26.CC website (collectively, including but not limited to all
Content, Uploads and User Submissions available through jable.tv,
"D26.CC", the website) you agree to the terms and conditions contained herin and the terms
and conditions of D26.CC'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 jable.tv.
The terms and conditions of this Agreement are subject to change by D26.CC 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 jable.tv.
The terms and conditions contained herein apply to all users of D26.CC whether a 'visitor'
or a 'member' and you are only authorized to use jable.tv if you agree to abide
by all applicable laws and be legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION
The D26.CC 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, D26.CC contains video content, information
and other materials posted/uploaded by users. D26.CC allows its users to view the Content
and Website subject to the terms and conditions of this Agreement.
The D26.CC website may also contain certain links to third party websites which are in no
way owned or controlled by D26.CC. D26.CC assumes no responsibility for the
content, privacy policies, practices of any and all third party websites. D26.CC cannot
censor or edit the content of third party sites. You acknowledge that D26.CC will not be
liable for any and all liability arising for your use of any third-party website.
D26.CC is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by jable.tv. Any illegal
and/or unauthorized use of D26.CC is prohibited including but not limited to collecting
usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the
D26.CC 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 D26.CC.
You agree that you shall not (nor others using your account) post, upload, publish, transmit or make
available in any way on D26.CC 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 D26.CC 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 D26.CC 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 D26.CC
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 D26.CC
in any way that exposes D26.CC to criminal or civil liability.
You agree that D26.CC 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 D26.CC 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
D26.CC, 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. D26.CC 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 D26.CC or features that prevent or restrict use or copying
of any Content or enforce limitations on use of the D26.CC Website or the Content therein.
6. USER SUBMISSIONS
D26.CC 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, D26.CC does not guarantee any confidentiality with respect to
any submissions.
D26.CC allows/permits you to link to materials on the Website for personal, non-commercial
purposes only. More over, D26.CC 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 D26.CC website on the
pages containing the Embeddable Player. D26.CC reserves the right to discontinue any aspect
of the D26.CC 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 D26.CC 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
D26.CC, you hereby grant D26.CC 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 D26.CC Website and
D26.CC's (and its successor's) business, including without limitation for promoting and
redistributing part or all of the D26.CC Website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user of the D26.CC
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 D26.CC 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 D26.CC all
of the license rights granted herein;
-
publish falsehoods or misrepresentations that could damage D26.CC 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.
D26.CC does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and D26.CC expressly disclaims any and all liability in connection with
User Submissions. D26.CC does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and D26.CC will remove all Content and User
Submissions if properly notified that such Content or User Submission infringes on another's
intellectual
property rights. D26.CC reserves the right to remove Content and User Submissions without
prior notice or delay. D26.CC 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,
D26.CC 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. D26.CC 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 jable.tv, you will be exposed to
User Submissions from a variety of sources, and that D26.CC 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 D26.CC with respect thereto, and agree to
indemnify and hold D26.CC, 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 D26.CC 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
D26.CC network or services at any time, for any reason, or for no reason at all, with or
without notice.
D26.CC provides its website as a service to its users. However, D26.CC
assumes no responsibility whatsoever for monitoring the D26.CC Services for inappropriate
content or conduct. If at any time D26.CC chooses, in its sole discretion, to monitor the
D26.CC Services, however, D26.CC 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. D26.CC 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.
You further understand, acknowledge, agree and specifically authorize D26.CC to use, reuse,
post, publish or upload any User Submissions on any other website owned or controlled by
D26.CC or on any website with whom D26.CC has an agreement with respect to
User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include
any
sponsored or otherwise branded uploaded videos. D26.CC reserves the right to determine as
its discretion on what basis would a User submissions or an uploaded video might be shared with other
websites (rating, number of views, user reviews, etc.).
7. ACCOUNT TERMINATION POLICY
A User's access to D26.CC will be terminated if, under appropriate conditions, the User is
determined to infringe repeatedly. D26.CC 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. D26.CC 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
D26.CC 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 D26.CC. D26.CC shall not condone child pornography and will
cooperate with all governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that D26.CC reserves the right to charge for D26.CC
services and to change its fees from time to time in its discretion. Further more, in the event
D26.CC 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 D26.CC to
participate in the D26.CC 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 D26.CC, you must agree to the terms of D26.CC'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 D26.CC with
regard to its users may be disclosed in accordance with the D26.CC Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE D26.CC WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, D26.CC, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR
USE THEREOF. D26.CC 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,
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 OMISSIONSIN 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
D26.CC WEBSITE. D26.CC DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE D26.CC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER
OR OTHER ADVERTISING, AND D26.CC 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
D26.CC 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 D26.CC, 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 D26.CC
WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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
D26.CC 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 D26.CC, 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 D26.CC 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
D26.CC 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 D26.CC 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.