These are official terms and conditions and form a legally binding agreement between you and Xtube3 (“we”, “us”) regarding your use of the internet website located at http://www.xtube3.com (the “Website”).
By accessing the Website, you certify that:
you are at least 18 years of age or the age of majority under the laws of your state, province or country;
you know and understand that the materials presented at and/or downloadable from the Website include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing;
you are using the Website solely for personal, non-commercial purposes;
you will not copy or distribute any part of the Website without our prior written authorization;
you will not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect
Intellectual Property Rights
The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all Xtube3 software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed by Xtube3 and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners.
The Counter-Notification Process
When a user’s video submission has been removed pursuant to a DMCA take-down notice that complies with 17 U.S.C. § 512(c)(3), the Website shall notify the user of this removal.
Pursuant to the Website’s repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original take-down notice was sent in error. The Counter-Notification may be sent to the email the user originally received a notice from ([email protected]).
For the Website to consider a user’s counter-notification, it must comply with the requirements of 17 U.S.C. § 512(g)(3) and include the following:
- A physical or electronic signature of the user.
- Identification the material that has been removed by providing one or more URLs where the material was previously available.
- A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The user’s name, address, and telephone number.
- A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found.
- A statement that the user will accept service of process from the person who sent the notice of alleged infringement or an agent of such person.
Counter-notifications that do not satisfy all of these elements are ineffective and will not be considered by the Website. Failure to provide effective counter-notification when a takedown notice is issued for a video posted by a user’s account will result in a strike against the user’s account; three strikes, as described on this page, will lead to the termination of a user’s account under the Website’s repeat infringer policy.