Terms of Service
Date of Last Revision: February 1, 2021
Welcome to 51猎奇视频!
51猎奇视频 Inc. (鈥51猎奇视频,鈥 鈥渨e,鈥 鈥渦s,鈥 鈥渙ur鈥) provides its services (described below) to you through its website located at www.cscsw.com (the 鈥淪ite鈥) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the 鈥淪ervice(s)鈥), subject to the following Terms of Service (as amended from time to time, the 鈥淭erms of Service鈥). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the 51猎奇视频 user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the 51猎奇视频 or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST 51猎奇视频 ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at /privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
51猎奇视频 Description: Through the Service, 51猎奇视频 provides information about and/or access to its traditional and digital laundry services and its air services.
Your Registration Obligations: You may be required to register with 51猎奇视频 in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service鈥檚 registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify 51猎奇视频 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. 51猎奇视频 will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: 51猎奇视频 reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 51猎奇视频 will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that 51猎奇视频 may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on 51猎奇视频鈥檚 servers on your behalf. You agree that 51猎奇视频 has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that 51猎奇视频 reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that 51猎奇视频 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile 51猎奇视频: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device or by text message (collectively, the 鈥淢obile 51猎奇视频鈥). To the extent you access the Service through a mobile device, your wireless service carrier鈥檚 standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile 51猎奇视频 may be prohibited or restricted by your carrier, and not all Mobile 51猎奇视频 may work with all carriers or devices. By using the Mobile 51猎奇视频, you agree that we may communicate with you regarding 51猎奇视频 and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile 51猎奇视频 may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your 51猎奇视频 account information.
User Referral Program
How the Program Works: 51猎奇视频 may offer a referral program in certain locations (the 鈥淧rogram鈥) where you can refer friends, family members or individuals (鈥淩eferrals鈥) to use the 51猎奇视频. In order to become a 鈥淩eferrer鈥, you can follow instructions within the user interface of the 51猎奇视频 and you will be provided with a unique referral link (鈥淧ersonal Link鈥) that allows you to receive the benefit or reward advertised within the 51猎奇视频, as applicable.
Restrictions: Referrers cannot refer themselves or create multiple, fictitious or fake accounts with 51猎奇视频. You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any automated system, bot or other similar device to participate or receive any benefit in the Program. If we believe that a referral code associated with your account was used in such a manner, we have the right to remove all credit associated with that account and remove your 51猎奇视频 account. 51猎奇视频 has no obligation to monitor the Program or any communications; however, 51猎奇视频 may choose to do so and take appropriate action if you are violating these Terms. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify 51猎奇视频 against any liabilities, costs and expenses it incurs as a results of such spam.
Rewards: By making a Valid Referral (defined below), you will receive a reward and your Referral will receive a reward (each, a 鈥淩eferral Reward鈥) to be used within the 51猎奇视频, subject to the restrictions set forth herein or otherwise published by 51猎奇视频. In order to qualify as a 鈥淰alid Referral鈥, your Referral must not be an existing user of the 51猎奇视频, must be a first-time user of the Service as a result of your referral, and must make an initial purchase. Rewards are subject to verification by 51猎奇视频 and 51猎奇视频 may delay a reward for the purposes of investigation.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (鈥渃ontent鈥) that you upload, post, publish or display (hereinafter, 鈥渦pload鈥) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by 51猎奇视频. 51猎奇视频 reserves the right to investigate and take appropriate legal action against anyone who, in 51猎奇视频鈥檚 sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, 鈥渏unk mail,鈥 鈥渟pam,鈥 鈥渃hain letters,鈥 鈥減yramid schemes,鈥 鈥渃ontests,鈥 鈥渟weepstakes,鈥 or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another鈥檚 privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of 51猎奇视频, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose 51猎奇视频 or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited
communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
No Commercial Use: The Service is for your personal use. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Billing and Payment
Payment Authorization: When you provide payment information to 51猎奇视频 or to one of its payment processors, you represent to 51猎奇视频 that you are the authorized user of the card, PIN, key or account associated with that payment instrument, and you authorize 51猎奇视频 to charge your credit card or other payment instrument for any funds or other fees (including transaction and credit card fees) incurred by you in connection with the 51猎奇视频. 51猎奇视频 may require you to provide your address or other information in order to meet its obligations under applicable tax law.
51猎奇视频 may offer and to the extent you purchase an ongoing subscription for the 51猎奇视频, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription you agree and reaffirm that 51猎奇视频 is authorized to charge your payment instrument on file (or your 51猎奇视频 Account, if funded), and process your payment with any other applicable third-party payment processor, for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify 51猎奇视频 promptly of any relevant changes to your payment instrument (e.g. change in credit card number, billing address, expiration date, etc.).
If your use of the 51猎奇视频 is subject to any type of use or sales tax, then 51猎奇视频 may also charge you for those taxes, in addition to the any other applicable fees.
Prepaid Account Balance: 51猎奇视频 may make available an account balance associated with your account (the “51猎奇视频 Account”). It functions as a prepaid balance to purchase the 51猎奇视频. You may place funds in your 51猎奇视频 Account up to a maximum amount determined by 51猎奇视频, by credit card, prepaid card, promotional code, or any other payment method accepted by 51猎奇视频. Without prejudice to any statutory rights you may have, you can request a disbursement of the funds in your 51猎奇视频 Account by contacting 51猎奇视频, subject to 51猎奇视频鈥檚 standard refund policies.
Third Party Distribution Channel
51猎奇视频 offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (鈥淒istribution Channels鈥). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our 51猎奇视频, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, 鈥淎pple-Enabled Software鈥), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- 51猎奇视频 and you acknowledge that these Terms of Service are concluded between 51猎奇视频 and you only, and not with Apple Inc. (鈥淎pple鈥), and that as between 51猎奇视频 and Apple, 51猎奇视频, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be 51猎奇视频鈥檚 sole responsibility, to the extent it cannot be disclaimed under applicable law.
- 51猎奇视频 and you acknowledge that 51猎奇视频, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user鈥檚 possession and use of that Apple-Enabled Software infringes that third party鈥檚 intellectual property rights, as between 51猎奇视频 and Apple, 51猎奇视频, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 鈥渢errorist supporting鈥 country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to 51猎奇视频 as follows: [Email address] [Mailing address].
51猎奇视频 and you acknowledge and agree that Apple, and Apple鈥檚 subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (鈥淪ervice Content鈥) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 51猎奇视频, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, publicly display, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by 51猎奇视频 from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of 51猎奇视频, our affiliates and our partners (the 鈥淪oftware鈥). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by 51猎奇视频.
The 51猎奇视频 name and logos are trademarks and service marks of 51猎奇视频 (collectively the 鈥51猎奇视频 Trademarks鈥). Other 51猎奇视频, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 51猎奇视频. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of 51猎奇视频 Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of 51猎奇视频 Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will 51猎奇视频 be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that 51猎奇视频 does not pre-screen content, but that 51猎奇视频 and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, 51猎奇视频 and its designees will have the right to remove any content that violates these Terms of Service or is deemed by 51猎奇视频, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service (collectively, 鈥淯ser Content鈥), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant 51猎奇视频 and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (鈥淪ubmissions鈥), provided by you to 51猎奇视频 are non-confidential and 51猎奇视频 will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that 51猎奇视频 may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 51猎奇视频, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. 51猎奇视频 has no control over such sites and resources and 51猎奇视频 is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that 51猎奇视频 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that 51猎奇视频 is not liable for any loss or claim that you may have against any such third party.
Social Networking 51猎奇视频
You may enable or log in to the Service via various online third party services, such as services like Facebook or Google (鈥淭hird Party 51猎奇视频鈥). By logging in or directly integrating these Third Party 51猎奇视频 into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Third Party 51猎奇视频 on the websites of their respective providers. As part of such integration, the Third Party 51猎奇视频 will provide us with access to certain information that you have provided to such Third Party 51猎奇视频, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Third Party 51猎奇视频 and 51猎奇视频鈥檚 use, storage and disclosure of information related to you and your use of such services within 51猎奇视频 (including your friend lists and the like), please see our Privacy Policy at /privacy-policy/. However, please remember that the manner in which Third Party 51猎奇视频 use, store and disclose your information is governed solely by the policies of such third parties, and 51猎奇视频 shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, 51猎奇视频 is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party 51猎奇视频. As such, 51猎奇视频 is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party 51猎奇视频. 51猎奇视频 enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold 51猎奇视频 and its affiliates and their officers, employees, directors and agents (collectively, 鈥淚ndemnitees鈥) harmless from any from any and all losses, damages, expenses, including reasonable attorneys鈥 fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: 鈥淎 general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.鈥 If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 鈥淎S IS鈥 AND 鈥淎S AVAILABLE鈥 BASIS. 51猎奇视频 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
51猎奇视频 MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 51猎奇视频 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 51猎奇视频 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL 51猎奇视频鈥橲 TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID 51猎奇视频 IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED 鈥淒ISCLAIMER OF WARRANTIES鈥 AND 鈥淟IMITATION OF LIABILITY鈥 ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the 鈥淎rbitration Agreement.鈥 You agree that any and all disputes or claims that have arisen or may arise between you and 51猎奇视频, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the 51猎奇视频, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and 51猎奇视频 are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND 51猎奇视频 AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND 51猎奇视频 AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON鈥橲 OR PARTY鈥橲 CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY鈥橲 INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
51猎奇视频 is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer鈥檚 satisfaction by emailing customer support at [____________]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (鈥淣otice鈥). The Notice to 51猎奇视频 should be sent to [_______________] (鈥淣otice Address鈥). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If 51猎奇视频 and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or 51猎奇视频 may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 51猎奇视频 or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 51猎奇视频 is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association鈥檚 (鈥淎AA鈥) rules and procedures, including the AAA鈥檚 Consumer Arbitration Rules (collectively, the 鈥淎AA Rules鈥), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA鈥檚 consumer arbitration page, as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless 51猎奇视频 and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, 51猎奇视频 agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the 鈥淎rbitration Fees鈥) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, 51猎奇视频 will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, 51猎奇视频 will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, 51猎奇视频 will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys鈥 fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled 鈥淧rohibition of Class and Representative Actions and Non-Individualized Relief鈥 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled 鈥淧rohibition of Class and Representative Actions and Non-Individualized Relief鈥 are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, 51猎奇视频 agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the 51猎奇视频, you may reject any such change by sending 51猎奇视频 written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that 51猎奇视频, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if 51猎奇视频 believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. 51猎奇视频 may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that 51猎奇视频 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 51猎奇视频 will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and 51猎奇视频 will have no liability or responsibility with respect thereto. 51猎奇视频 reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service constitute the entire agreement between you and 51猎奇视频 and govern your use of the Service, superseding any prior agreements between you and 51猎奇视频 with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and 51猎奇视频 agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Nassau County, New York. The failure of 51猎奇视频 to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties鈥 intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of 51猎奇视频, but 51猎奇视频 may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Your Privacy
At 51猎奇视频, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer 51猎奇视频 of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at 51猎奇视频, Inc., [Insert mailing address and phone number.]
Questions? Concerns? Suggestions?
Please contact us at /contact-us/ to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.