Effective 30 August 2016
Please read the Terms and Conditions before using the Portal. By using the Portal you become a User and thus agree to be legally bound by these Terms and Conditions (the “Agreement”) between you, the User; Gamma Entertainment Inc., and Echo Alpha Inc ( Gamma Entertainment and Echo Alpha shall be jointly referred to as the “Company”). Company will refer to you in this Agreement as “you”, “your” or “User”. Company can amend this Agreement by posting an updated version of this Agreement to the Portal. Such changes will take effect seven (7) days after they are posted. If you do not agree to this Agreement please do not use the Portal.
The Company is providing a Portal to allow Users to access third party websites which display content restricted to adults due to their sexual nature. Such third party websites include their own terms and conditions, privacy policies and other guidelines which are neither the responsibility nor under the Company’s control.
“Content” shall refer to images, logos and text licensed to the Company by various third parties who own the rights to the images and logos, and which may be found within the Portal
“Portal” shall refer to the domain tubexyz.info.
“Services” shall be to host and maintain the Portal wherein Users are provided a limited, non-transferrable license to access third party websites’ content during the tubexyz event timeframe as described below; and for a temporary period outside the event timeframe.
“User” shall be an individual, of or over the age of majority in the jurisdiction where they are located who accesses the Portal.
2. AGREEMENT TO VIEW ADULT MATERIAL
2.1. Portal is designed and intended solely for adults. Adults are people who are at least 18 years old (or 21 years old in some jurisdictions) and for the purpose of this Agreement, are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, and frankly erotic, nature. The material available via the Portal may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone younger than the age of majority within any jurisdiction or who do not wish to be exposed to such material. By accessing Portal or purchasing a Membership from a third party website you are making the following statements to Company and the third party websites accessible through the Portal:
“Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise that I will not permit any person(s) under the age of majority to have access to any of the material contained via the Portal. I understand that when I gain access to third party websites via the Portal I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which is both healthy and normal and which in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented content and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such material by willing adults; and will not find such material to appeal to a prurient interest or to be patently offensive.”
3.1. Users do NOT need a membership to participate in tubexyz at 9pm EST on 7 September 2016 to 3amEST on 9 September 2016 (the “event timeframe”).
3.2. During the tubexyz event timeframe Users accessing third party websites are subject to any promotions, offers, and specific website business models; which may allow Users to purchase, accept or acquire a membership irrespective of accessing such website’s content for free during the event timeframe – such interaction is outside the scope of tubexyz and outside the responsibility or control of the Company.
4. LICENSE TO USE PORTAL
4.1. Usage of the Portal includes a single, limited, personal, non-transferrable, non-exclusive license (the “License”) to use the Portal to view text and images which provide access to third party websites. There is NO COST to use the Portal and you will not be required to enter any personal information within the Portal. Other third party websites may require payment and/or personal information even during the event timeframe – please read the terms and conditions of such third party websites carefully.
4.3. By using the Portal You may be exposed to Content which You may find offensive, inaccurate or indecent for yourself. The Portal is provided by the Company to access third party websites which may contain images, sound, video, text and/or logos which You may also find offensive, inaccurate or indecent for yourself. Through Your continued use of the Portal and subsequent access to third party websites, You hereby agree to waive any legal or equitable rights or remedies You have or may have against the Portal or the Company with respect to the same; and to the extent permitted by law You further agree to indemnify and hold the Company, its officers, directors, employees, operators harmless regarding all matters related to Your use of the Services and Content.
4.4. You agree not to resell, distribute or engage in any commercialization of the Portal or its Content. You shall not modify or copy any of the Content, use it for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notices or trademarks of the Content or transfer any Content to any third party. You further agree not to access Content through any technology or other means which may circumvent, disable or otherwise interfere with the security of the Portal, the Content, or the third party websites
4.5. Company reserves the right to modify any or all of the Content or Portal without your prior notice or consent.
4.6. The Company reserves the right to terminate this License and/or access to the Portal at any time if the User breaches the terms of this Agreement.
5. INTELLECTUAL PROPERTY
5.1. As between You and Company, Company retains all right, title and interest in any and all intellectual property in the Portal. All rights in and to the Content and the Services found in the Portal shall at all times remain the property of the Company, its affiliates, licensors and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than your limited rights under the License.
5.2. As between You and a third party website, all right, title and interest in any and all intellectual property of such websites shall be governed by the terms and conditions and other policies detailed on said websites. The Company makes no representations regarding the intellectual property of third party websites; and the Company advises Users to read and agree to the terms and policies of such websites before accessing their Content or other areas of such websites.
6. TERM AND TERMINATION
6.1. The tubexyz event will be for thirty hours, starting at 9pmEST 7 September 2016. The Portal may be available for Users before and after this 30 hour period; however the ability to access third party websites for the purpose of participating in the streaming of their content for free will terminate at 3amEST 9 September 2016.
6.2. Company may terminate this Agreement at any time and for any reason or for no reason without notice to you.
7.1. The Portal and its Content are provided “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free Services. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the Portal. Any of the information offered in the Portal may change at any time without notice.
7.2. Portal makes no representation as to any of the Content. In no event shall the Company be liable for any damages whatsoever arising out of the use or inability to use the Portal or information available on or via the Portal, even if the Company has been advised of such damages. The Company shall not be liable to Users for unauthorized access to third party websites; the use of personal information or financial information stored or processed on third party websites; any bugs, viruses, malware, Trojan horses, robots, spiders or the like which may be transmitted to or through the Services or from a third party website.
7.3. The Company does not warrant, endorse or take any responsibility for any product, content or service advertised or offered on a third party websites or which may be found hyperlinked on such websites; and shall not in any way be responsible for monitoring any transaction between You and a third party website
7.4. Users are responsible for providing all personal computer and communications equipment necessary to gain access to Portal. Users are also responsible for providing adequate contact details if subscribing to Portal.
8. GENERAL PROVISIONS
8.1. Indemnification. You shall indemnify and hold Company, its parent or associated corporations, officers, directors, agents, representatives and employees harmless from and against any and all claims arising from or related to your use of the Portal, the Services or third party websites or your breach of the terms of this Agreement.
8.2. Limitation of Liability. Under no circumstances shall Company be liable for any direct, indirect, special, consequential or punitive damages resulting from errors, mistakes or inaccuracies of the Content; personal injury or property damage resulting from accessing the Portal or third party websites; any unauthorized access of the Portal or third party websites; the use of any personal or financial information on third party websites; any interruption or cessation of transmission of the Services; any bugs, viruses, malware or the like which may be transmitted to Your system(s) via the use of the Portal or a third party website. In any event where the Company may be held liable, the liability of Company hereunder shall not exceed $100USD.
8.3. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
8.4. Notices. Notices by the Company or Portal to Users may be given by means of electronic messages or by a general posting on Portal. All questions or complaints regarding Portal must be directed to email@example.com.
8.5. Contact Information. For any issues with links, Content or navigating the Portal please contact firstname.lastname@example.org
8.6. Governing Law. This Agreement shall be governed pursuant to the laws of the Province of Quebec and the laws of Canada applicable therein. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the District of Montreal, Province of Quebec, Canada.
8.7. Assignment. Company reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.
8.8. Survival. The following Sections hereof shall survive termination of this Agreement: 1 Definitions, 2 Agreement to View Adult Material, 5 Intellectual Property, 6 Term and Termination, 7 Disclaimers and 8 General.
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