The TOS may be revised from time to time without notice to you other than appearing on the Site. The TOS will indicate when they were last revised. It is your responsibility to regularly check the Site and to review the TOS. Your continued use of the Site constitutes your agreement to all revisions to the TOS.
By accessing the Site you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Site from an a location where the content of the Site is legal and permitted, and that you will not permit any other person access to the Site who is not allowed to do so. Access to materials appearing on this Site from jurisdictions where its contents are illegal is prohibited.
You may, in accordance with this Agreement, view the content on the Site and, to the extent permitted by UltimateDesi, download content or portions of content on the Site, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Site, or create derivative works using that content.
You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. UltimateDesi disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site or any feature or software included in the Site. UltimateDesi disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection or appear on the Site, and you agree that UltimateDesi will not be liable for any such services, software, content, or advertising.
UltimateDesi reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Site may be subject to interruptions, caused by UltimateDesi or others. You agree that UltimateDesi will not be liable for any modification, suspension, interruption or discontinuance of the Site.
UltimateDesi grants you permission to access and use the Site as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
You are responsible for your own use of this Site. You acknowledge that you are solely responsible for any audio, video, music, text advertising, links, or other content that you post, publish, upload, or display on the Site (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
You understand and agree that any User Content you submit to UltimateDesi or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all User Content you submit to UltimateDesi or post using the Site.
You agree that you will not use Site to post, transmit, or share User Content that you did not create or that you do not have permission to post. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the User Content you provide that are needed to use and to authorize UltimateDesi to use that User Content in the manner described in these TOS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely displaying User Content on the Site does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You agree that you will not use the Site to post, transmit, or share child pornography. The use of the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Site to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that UltimateDesi does not promise that any User Content you submit to it or post on the Site will be maintained by UltimateDesi. You are solely responsible for creating backup copies of and replacing any User Content you submit to UltimateDesi or post on the Site, at your own cost and expense. You agree that UltimateDesi has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. UltimateDesi retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Site, you acknowledge and agree that UltimateDesi is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content that appears on the Site, without selection or alteration of the User Content, and that all User Content on the Site is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. Â§ 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. Â§ 2257(h)(2)(B)(v).)
All content and components of the Site other than User Content ("UltimateDesi Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos contained on the Site, are owned by UltimateDesi, or are licensed to UltimateDesi subject to copyrights or other intellectual property rights held by others. UltimateDesi reserves all rights to the UltimateDesi Content, User Content, and any other component or content of the Site not expressly granted to you by these TOS.
UltimateDesi provides the materials on the Site for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Site. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Site. UltimateDesi reserves the right to limit the amount of materials viewed. Commercial use of any content located on the Site is strictly prohibited. In addition, you may not: (i) modify any of the materials found on the Site; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content made available on this Site; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials found on the Site; or (iv) otherwise transfer any material located in any area of this site to any other person or entity. UltimateDesi reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting or posting User Content using the Site, you grant to UltimateDesi an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
UltimateDesi does not assert any ownership over your User Content; rather, as between UltimateDesi and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
UltimateDesi may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights UltimateDesi obtains will apply only to the compilation, collective work, or derivative work; as between UltimateDesi and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you post User Content to the Site, you also authorize UltimateDesi to make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.
By its very nature, the Site may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Site. UltimateDesi does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. You acknowledge that any reliance on material appearing on the Site will be at your own risk.
UltimateDesi may review any content appearing on the Site, and reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit such content, in it sole discretion. However, you acknowledge and agree that UltimateDesi is not obligated to remove any content from the Site, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you find content appearing on the Site that you believe is illegal or violates these TOS, you may inform UltimateDesi by feedback form UltimateDesi will review your message and the content to which you object (assuming it is still on the Site). UltimateDesi may remove the content if, in UltimateDesi's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that UltimateDesi is not legally responsible for content that it does not originate.
Neither is UltimateDesi legally responsible for keeping content that it deems inappropriate off of the Site.
UltimateDesi reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of UltimateDesi, its users and the public. You agree that UltimateDesi will not be liable for exercising or failing to exercise any of these rights.
UltimateDesi respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. Â§ 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content on the Site infringes your copyrights, you may submit a notice by feedback form.
UltimateDesi, UltimateDesi.Net, and other UltimateDesi logos and product or service names are trademarks of UltimateDesi. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
The Site may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by UltimateDesi. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by UltimateDesi. UltimateDesi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By access or using the Site, you agree to release UltimateDesi from any and all liability arising from your use of any third-party website, content, service, or software accessed on or through the Site.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Site, are solely between you and such third parties. You agree that UltimateDesi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Site.
UltimateDesi may, in its sole discretion, terminate your access to the Site, delete any content or information that you have posted on the Site, and/or prohibit you from using the Site, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UltimateDesi EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, UltimateDesi MAKES NO WARRANTY THAT: (1) THE SITE WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SITE WILL BE CORRECTED; OR (6) OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from UltimateDesi, shall create any warranty not expressly stated in these TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UltimateDesi SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UltimateDesi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
IN PARTICULAR, AND WITHOUT LIMITATION, UltimateDesi WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SITE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO UltimateDesi OR $100.
You agree to hold harmless and indemnify UltimateDesi, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. UltimateDesi will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of UltimateDesi to provide such notice will not relieve you of these obligations.
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
The failure of UltimateDesi to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service or the Site, will be governed by the laws of Canada and Province of Ontario, without giving effect to conflict of laws provisions.
Any claim, counterclaim, cause of action, lawsuit, or proceeding brought by either of the parties against the other arising out of or related to these TOS or the provision or use of the Site will be submitted to the state or federal courts sitting in Toronto, Ontario, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.
You agree that regardless of any law or regulation to the contrary, any claim, counterclaim, cause of action, lawsuit, or proceeding arising out of or related to these TOS or the provision or use of the Site must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
If you have any questions or concerns about the TOS or the Site, please use this feedback form.
These TOS were last revised on the 26th of July 2009.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.