Terms and Conditions for TruFlix.com ("the Agreement)
If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by emailing Support
1.ACCEPTANCE
These terms and conditions govern your use of TruFlix.com "TruFlix" "the website"; by using this website, you accept and agree to be bound by these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
The terms and conditions of this Agreement are subject to change by TruFlix 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 must not use this website.
2.ACCESS
By accessing truflix.com you agree to the following:
• You are at least eighteen [18] years 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.
• All materials, including messages, and other communications, contained at truflix.com are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained at truflix.com do not violate any community standards or any federal, state or local law or regulation of the United States or any other country.
• You hereby acknowledge and represent that you know and understand that the materials presented at, and/or downloadable from, truflix.com include explicit visual, audio, and/or textual depictions of nudity and sexual activities, including without limitation, Heterosexual, Bi-Sexual, Homosexual, and Transsexual activities of an explicit sexual nature; that you are familiar with materials of this kind; that you are not offended by such materials.
• You are using the Website solely for personal, non-commercial purposes;
3. DESCRIPTION
The TruFlix website allows registered and unregister users access for general viewing, sharing, and commenting of adult video content and visual depictions of adult content, including sexually explicit images. TruFlix.com users are allowed to view the website and all content subject to the terms and conditions of this Agreement.
The TruFlix website may also contain certain links to third party websites which are in no way owned or controlled by TruFlix.com. Truflix assumes no responsibility for the content, privacy policies, practices of any and all third party websites. TruFlix.com cannot censor or edit the content of third party sites. You acknowledge that Truflix.com will not be liable for any and all liability arising for your use of any third-party website.
TruFlix.com is for your personal use and my not be used for any other purpose. Any illegal and/or unauthorized use of TruFlix.com is prohibited.
3.1. ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of TruFlix.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without TruFlix.com's express written consent.?This includes:
• scraping
• data mining
• data extraction
• data harvesting
• 'framing' (iframes)
• Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of TruFlix.com.
4.INTELLECTUAL PROPERTY
Unless otherwise stated, TruFlix.com owns and/or is licensed to use the materials contained on the website including but not limited to text, software, scripts, graphics, music, videos, photos, sounds, interactive features, trademarks, service marks and logos. Subject to the license below, all these intellectual property rights are reserved.
Content on the website is provided for your personal use only and may not be used or exploited for any purposes whatsoever other than for personal use. By using the website you agree not abide by these terms.
You may not:
• republish material from this website in neither print nor digital media or documents (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website;
• redistribute material from this website - except for content specifically and expressly made available for redistribution; or
• republish or reproduce any part of this website through the use of iframes or screenscrapers.
5.RESTRICTED ACCESS
Access to certain areas of this website is restricted. TruFlix.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. TruFlix.com may change or modify this policy without notice.
If TruFlix.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
TruFlix.com may disable your user ID and password at TruFlix.com's sole discretion without notice or explanation.
6.USER/PARTNER CONTENT
User and/or Partner content is prohibited without written consent from TruFlix.com. If TruFlix grants a user and/or partner permission to upload content on the website then they accept and agree to be bound by this section of the Agreement as well as the rest of the Agreement.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to TruFlix.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TruFlix.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TruFlix.com or a third party (in each case under any applicable law).
Your user content must comply with our ZERO TOLERANCE Policy.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
TruFlix.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of TruFlix.com, or hosted or published upon this website.
TruFlix.com's rights under these terms and conditions in relation to user content, TruFlix.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
TruFlix.com assumes no responsibility whatsoever for monitoring the submissions for inappropriate content or conduct on, this website.
7. ZERO TOLERANCE POLICY
Truflix has 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 TruFlix. TruFlix shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.
8. WARRANTY DISCLAIMER
THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF TRUFLIX.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRUFLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRUFLIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONS 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 TRUFLIX WEBSITE. TRUFLIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRUFLIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRUFLIX 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 TRUFLIX 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.
TRUFLIX MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE.
9. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TRUFLIX, 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 TRUFLIX WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TRUFLIX 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.
• ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF TRUFLIX HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
10. INDEMNITY
You hereby indemnify TruFlix.com and undertake to keep TruFlix.com indemnified against any and all claims, obligations, losses, damages, costs, liabilities, debts and expenses (including without limitation legal expenses and any amounts paid by TruFlix.com to a third party in settlement of a claim or dispute on the advice of TruFlix.com's legal advisers) incurred or suffered by TruFlix.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
11. EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:
• death or personal injury caused by the negligence of TruFlix.com or its agents, employees or shareholders/owners;
• fraud or fraudulent misrepresentation on the part of TruFlix.com; or
• matter which it would be illegal or unlawful for TruFlix.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
12. REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
13. OTHER PARTIES
TruFlix.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TruFlix.com's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TruFlix.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TruFlix.com.
14. UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
15. BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to TruFlix.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, TruFlix.com may take such action as TruFlix.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
16. VARIATION
TruFlix.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
17. ASSIGNMENT
TruFlix.com may transfer, sub-contract or otherwise deal with TruFlix.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
18. SEVER-ABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. ENTIRE AGREEMENT
These terms and conditions, together with TruFlix.com's Privacy Policy constitute the entire agreement between you and TruFlix.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
20. LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of New York, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York.
