These Terms of Service (hereinafter “Terms”) constitute a legally binding agreement that governs all access to and utilization of the website and its associated services (collectively, the “Service”), as provided by the designated site administrator (hereinafter “the administrator”).
By accessing, creating an account on, or otherwise utilizing the Service, the user provides acknowledgment of having read, comprehended, and consented to be bound by these Terms in their entirety. Should the user not assent to these Terms, any and all use of the Service is expressly prohibited.
THE SERVICE IS INTENDED FOR THE EXCLUSIVE USE OF CONSENTING ADULTS. IT IS MANDATORY THAT ANY USER BE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE AGE OF LEGAL MAJORITY WITHIN THEIR RESPECTIVE JURISDICTION, WHICHEVER IS GREATER, TO ESTABLISH AN ACCOUNT AND UTILIZE THIS SERVICE.
Through the creation of an account and the affirmative act of checking the box to confirm age, the user makes a legally binding declaration, under penalty of perjury, that said age requirement is met. The submission of a false declaration constitutes a material breach of these Terms and may precipitate the immediate termination of the user's account. The user bears sole and exclusive responsibility for any and all legal ramifications arising from the misrepresentation of their age. The administrator relies wholly upon this declaration and assumes no responsibility for the verification of its accuracy.
To access the Service, registration for an account is required, which necessitates the provision of a username, a valid electronic mail address, and a password. The user hereby agrees to the following conditions:
The user is exclusively responsible for their conduct and for any data, text, information, images, and video content (collectively, “Content”) that is submitted, posted, or displayed on the Service. It is agreed that no Content will be posted, uploaded, or shared that:
The user shall retain full ownership of, and all intellectual property rights in, the Content created and posted on the Service.
Notwithstanding the foregoing, to facilitate the operation of the Service, the user grants the administrator a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, use, display, reproduce, modify (for purposes such as formatting), and distribute said Content. This license is granted for the sole purpose of operating, maintaining, and providing the Service to the user and to other Members. This license shall terminate upon the deletion of the user's Content or account.
The Service is classified as an “interactive computer service” as defined under Section 230 of the Communications Decency Act. Consequently, the administrator is not deemed the publisher or speaker of the Content provided by Members and bears no responsibility for it.
The intellectual property rights of others are respected. Should a party believe that their copyrighted work has been infringed upon within the Service, it is requested that the designated Copyright Agent be provided with a notice containing the following information, as stipulated by the Digital Millennium Copyright Act (DMCA):
Notices of claimed copyright infringement ought to be transmitted to the site administrator primarily via the internal messaging system or, if such a method is unavailable, at administrator@cockbro.com.
Repeat Infringer Policy: In accordance with the DMCA, a policy has been adopted to terminate, under appropriate circumstances and at the sole discretion of the administrator, the accounts of Members who are determined to be repeat infringers.
The right, but not the obligation, is reserved to monitor the Service for violations of these Terms. At the administrator's sole discretion and without prior notice, any of the following actions may be taken:
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, ARE EXPRESSLY DISCLAIMED. NO WARRANTY IS MADE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE ADMINISTRATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The user agrees to defend, indemnify, and hold harmless the site administrator from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) that arise from:
This defense and indemnification obligation shall survive the termination of these Terms and the user's use of the Service.
The right to modify these Terms at any time is reserved. The revised Terms will be posted on the Service, and the “Effective Date” will be updated accordingly. Continued use of the Service subsequent to such changes constitutes acceptance of the new Terms.
For questions about these Terms of Service, please contact us via the internal messaging system or at administrator@cockbro.com