Terms of Service
Created: April, 3, 2014
Last Modified: May 5, 2014
We may modify this Agreement from time to time. We will either post notice of changes to this Agreement on the Site or send notice by electronic mail, as we may determine in our sole discretion. If you do not agree to the modifications, you should stop using the Site. Your continued use of the Site now, or after the posting of notice of changes to this Agreement, will constitute a binding acceptance by you of this Agreement. This Agreement will indicate when it was last modified at the top of the Agreement. It is your responsibility to regularly check the Site and to review the Agreement.
By accessing the Site you represent and warrant that (1) you are at least 18-years old and that you have reached the legal age determined by the governing law of your jurisdiction to view sexually explicit material (the “Age of Majority”), (2) that you are accessing the Site from a location where the content of the Site is legal and permitted, and (3) 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 strictly prohibited.
Provision and Modification of the Site
You may, under this Agreement, view the content on the Site and, to the extent permitted by the Site, download content or portions of content on the Site to a single personal computer or other storage device for entertainment purposes. You may not otherwise copy, distribute, or perform the content of the Site, or create derivative works using the content.
You understand and agree that we provide the Site to you on an “as is” and “as available” basis. We disclaim all responsibility or liability for the availability, timeliness, security, or reliability of the Site or any feature or software included in the Site. We disclaim all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or appear on the Site, and you agree that we will not be liable for these services, software, content, or advertising.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part) without notice. The Site may be subject to interruptions, caused by HomeGrownFreaks or others. You agree that we will not be liable for any modification, suspension, interruption, or discontinuance of the Site.
Conditions on Use of the Site
We grant you permission to access and use the Site subject to the terms of this Agreement, and in exchange you represent, warrant, and agree as follows:
- You will access and use the Site solely for your own personal use;
- You will comply with all applicable laws and regulations in using the Site and any content that appears on the Site;
- You will not use the Site in an illegal manner or for an illegal purpose; in any other manner that could damage, disable, overburden, or impair the Site; or in any manner inconsistent with this Agreement;
- You will not employ an automated system or tool to use the Site or obtain content or information from the Site;
- You will not defeat or interfere with a security feature of the Site, or attempt to do so;
- You will not alter or modify any content or component of the Site; and
- You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content or component of the Site, or any use of, or any access to the Site, without the prior written permission of HomeGrownFreaks.
Your Conduct and Use of the Site
You are solely 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 HomeGrownFreaks 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 HomeGrownFreaks or post using the Site.
You agree that you will not use the 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 copyright and trademark rights), licenses, and permissions to the User Content you provide that are needed to use and to authorize HomeGrownFreaks to use that User Content in the manner described in this Agreement. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person or entity.
You understand it is generally illegal to record or publish a sexually explicit video without the consent of all participants to the recording and publication of the material. You also understand that it may be illegal to publish 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 this Agreement. Merely displaying User Content on the Site does not necessarily constitute using it for a commercial purpose. Regardless, by submitting or posting User Content you also warrant that you have obtained 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. We will not tolerate the use of the Site to publish or transmit child pornography. If identified, we will report it to law enforcement authorities, and we will cancel your account. By submitting or posting 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 the sexually explicit material are at least 18 years of age, and have reached the legal age determined by applicable governing law 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 an 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 HomeGrownFreaks does not promise that any User Content you submit to it or post on the Site will be maintained by HomeGrownFreaks. You are solely responsible for creating backup copies of and replacing any User Content you submit to HomeGrownFreaks or post on the Site, at your own cost and expense. You agree that HomeGrownFreaks has no responsibility or liability for the deletion of, or the failure to store or to transmit, User Content. We retain the sole right to create limits on use and storage, at any time, without notice.
By accessing or using the Site, you acknowledge and agree that HomeGrownFreaks is engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination ) 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 of Title 47 of the United States Code (47 U.S.C. § 230).
Rights to the Content on the Site
All content and components of the Site other than User Content (“HomeGrownFreaks Content”), including 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 HomeGrownFreaks, or are licensed to HomeGrownFreaks subject to copyrights or other intellectual property rights held by others. HomeGrownFreaks reserves all rights to the HomeGrownFreaks Content, User Content, and any other component or content of the Site not expressly granted to you by these TOS.
HomeGrownFreaks 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, nonexclusive, nontransferable license to view, on a single computer only, the content of the Site. HomeGrownFreaks 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. HomeGrownFreaks 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 HomeGrownFreaks an irrevocable, perpetual, nonexclusive, 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, 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 of the foregoing rights.
HomeGrownFreaks does not assert ownership over your User Content; rather, as between HomeGrownFreaks 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.
HomeGrownFreaks 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 HomeGrownFreaks obtains will apply only to the compilation, collective work, or derivative work; as between HomeGrownFreaks 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 HomeGrownFreaks to make any copies it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.
Objectionable or Inappropriate Content
By its very nature, the Site may include offensive, harmful, inaccurate, or otherwise 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. HomeGrownFreaks does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. You acknowledge that your reliance on material appearing on the Site will be at your own risk.
HomeGrownFreaks may review any content appearing on the Site, and reserves the right to refuse to distribute any content, to remove any content from the Site, or to edit content, in its sole discretion. However, you acknowledge and agree that HomeGrownFreaks is not obligated to remove any content from the Site, unless it is found illegal under the requirements of the law.
If you find content appearing on the Site that you believe is illegal or violates these TOS, you may inform HomeGrownFreaks by using our Contact Us Page. HomeGrownFreaks will review your message and the content to which you object (assuming it is still on the Site). HomeGrownFreaks may remove the content if it is illegal or otherwise inappropriate.
HomeGrownFreaks is not legally responsible for keeping content that it deems inappropriate off of the Site.
HomeGrownFreaks reserves the right to access, read, preserve, and disclose any information it reasonably believes 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; (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 HomeGrownFreaks, its users, and the public. You agree that HomeGrownFreaks will not be liable for exercising or failing to exercise any of these rights.
HomeGrownFreaks 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 notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, the “DMCA”), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers in accordance with our repeat infringer policy.
If you are a copyright owner or an agent and believe that content on the Site infringes your copyrights, you may submit notice by following the directions on our DMCA page.
Names and Trademarks
HomeGrownFreaks, and other HomeGrownFreaks logos and product or service names are trademarks of HomeGrownFreaks. 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 the approval or endorsement is expressly made.
Sponsors, Advertisers, and Third Parties
The Site may contain links to sponsor, advertiser, or other third-party websites that are not owned or controlled by HomeGrownFreaks. 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 by HomeGrownFreaks. HomeGrownFreaks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Site, you release HomeGrownFreaks from 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 those third parties. You agree that HomeGrownFreaks will not be responsible or liable for any loss or damage of any sort incurred because of dealings with these sponsors, third parties, or advertisers, or because of their presence on the Site.
HomeGrownFreaks may, in its sole discretion, terminate your access to the Site, delete any content or information that you have posted on the Site, or prohibit you from using the Site, at any time, without notice, and for any reason, including for violation of these TOS.
Disclaimer of Warranties
You expressly understand and agree that your use of the service is at your sole risk. We provide the service to you on an "as is" and "as available" basis. HomeGrownFreaks expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
For example, HomeGrownFreaks 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) the Site is free of viruses or other harmful components.
No advice or information, oral or written, obtained by you from HomeGrownFreaks will create any warranty not expressly stated in these TOS.
Limitation of Liability
You expressly understand and agree that HomeGrownFreaks will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses (even if HomeGrownFreaks has been advised of the possibility of these damages) resulting from the use of or the inability to use the Site.
For example, HomeGrownFreaks 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 HomeGrownFreaks’s total liability for 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 HomeGrownFreaks or $100.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Thus, some of the above limitations on liability and damages may not apply to you. The provisions of this Agreement that provide for limitations of liability, disclaimers of warranties, or exclusion of damages allocate risks between you and HomeGrownFreaks. That allocation is reflected in the delivery of free content to you by HomeGrownFreaks, and is an essential element of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement. The limitations in this Section will apply despite the failure of essential purpose of any limited remedy under this Agreement.
You agree to hold harmless and indemnify HomeGrownFreaks, 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. HomeGrownFreaks will make reasonable efforts to provide you with written notice of any claim, suit, or action, but the failure of HomeGrownFreaks to provide 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 HomeGrownFreaks to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found invalid by a court or tribunal of competent jurisdiction, the parties agree that the court or tribunal should endeavor to give effect to the parties' intent as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Choice of Law
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 Cyprus without giving effect to conflict of law provisions.
The parties agree to submit to and resolve by binding arbitration under the relevant arbitration laws of the Republic of Cyprus any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination. Any party to this Agreement may refer to arbitration by resorting to the Cyprus Eurosia Dispute Resolution and Arbitration Center (“CEDRAC”) or, if CEDRAC is unavailable, to the Cyprus Arbitration and Mediation Centre (“CAMC”). The arbitral tribunal will be composed of a single arbitrator nominated by the CEDRAC or the CAMC if the CEDRAC is unavailable. The parties agree to hold the arbitration exclusively in Nicosia, Cyprus. The arbitration proceedings will be conducted in English. The final arbitral award will bind the parties. This provision does not prohibit any party from bringing proceedings against the other party before the Cyprus courts or any other court of competent jurisdiction to enforce an arbitration award issued under this provision or to make a claim for interim or injunctive relief.
You and the Site waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other, and agree that in a dispute between them, each will be limited to the recovery of any actual damages sustained by it.
You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to the claims or within 90 days from either the actual discovery of the facts giving rise to the claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered the facts.
The prevailing party may recover from the non-prevailing party its costs relating to the arbitration proceeding including the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, and any sales and use taxes.
If you have any questions or concerns about the TOS or the Site, please contact us using our Contact Us Page.
We bear no responsibility if someone violates our Terms of Service by using third-party software for the purpose of downloading, modifying, or exploiting any content or component of the Site.
I have read and understand these terms of service, and I agree to be bound by them.