Terms of use
Last Revision June 3, 2024
HOMECLIPS.COM ("Website") owned and operated by HOMECLIPS.COM., is a social media website and application service that allows Users to upload photos and videos to their profile, participate in contests, and win cash prizes ("Service").
These Terms of Service, together with our Privacy Policy ("Terms"), are subject to change without notice. Pleas make sure you check all the legal pages frequently.
These Terms of Service, together with our Privacy Policy ("Terms"), govern your use of HOMECLIPS.COM, including any content, functionality, and services offered on or through the Website. By registering with and using HOMECLIPS.COM, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
These Terms are a binding contract between you, an individual user ("you";) and HOMECLIPS.COM, governing your use of the Website and Service. BY ACCESSING THE WEBSITE AND/OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS SUBSCRIPTION AGREEMENT. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. CONTACT HOMECLIPS.COM AT support@homeclips.com . IF YOU WANT HOMECLIPS.COM TO SEND YOU A COPY OF THIS SUBSCRIPTION AGREEMENT AND HOMECLIPS.COM’S PRIVACY POLICY.
MATERIAL TERMS:
As provided in greater detail in these Terms, you acknowledge the following:
- the Service is licensed, not sold to you, and that you may use the Service only as set forth in this Subscription Agreement;
- the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
The Service presents pictures of semi-nude and nude persons and audiovisual works depicting semi-nude and nude persons. You understand that by using this Service, and by merely accessing this Website, you may be exposed to content that is offensive, indecent, or objectionable.
HOMECLIPS.COM is not a talent agent and is not licensed under the Labor Code of the State of California as a talent agent or as an employment agent or otherwise under the Business and Professions Code of the State of California, or as a theatrical employment agency or other employment agency under the General Business Law of the State of New York, or as any of the foregoing under the laws of any State including the State of Arizona, and HOMECLIPS.COM has not promised to procure employment or engagements for any of its performers.
All proper model releases, permission to use images, as well as age verification of all performers are maintained as required by the Federal Government and pursuant to 18 U.S.C. §2257 and the person responsible for maintaining the records is located at Edge Interactive Publishing, Inc., 630 Ninth Avenue #502, New York, NY 10036
You agree not to reproduce, duplicate, copy, sell, distribute, rent, resell or exploit any portion of the Website, Service, use of the Service, or access to the Service; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with HOMECLIPS.COM’s Privacy Policy.
The Website and Service is provided “as is” without warranties of any kind and HOMECLIPS.COM’s liability to you is limited.
SCOPE OF LICENSE.
The Service is licensed, not sold, to you for use only under the terms of this agreement, complete and ongoing compliance with the terms of this agreement. HOMECLIPS.COM hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible device that you own or control, solely for your own private, personal, non-commercial use. You may not make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute, or sublicense the Service. You may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this agreement will govern any updates provided to you by HOMECLIPS.COM that replace and/or supplement the original Terms, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use HOMECLIPS.COM after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
By using HOMECLIPS.COM you consent to receiving communications from us electronically, including emails and messages posted to your HOMECLIPS.COM account, You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email support@homeclips.com, notifying us of your withdrawal of consent.
We reserve the right at any time and without notice to:
- modify, suspend or terminate the Service or any portion thereof;
- restrict, limit, suspend or terminate your access to the Service or any portion thereof;
- delete any content you post on HOMECLIPS.COM if in our reasonable opinion it does not comply with these Terms and/or applicable law;
- monitor your use of the Service (including any content or message you post or broadcast on HOMECLIPS.COM) to verify compliance with these Terms and/or any applicable law;
- investigate any suspected or alleged misuse or unlawful use of the Service and cooperate with law enforcement in such investigation;
- disclose information about your use of the Service in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
- change the payment or payout processor that enables you to make or receive payments as a User.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
PRIVACY POLICY.
Your use of the Website and Service is subject to the Privacy Policy, which is hereby incorporated by reference into these Terms. By using the Website and/or Service, you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
MOBILE SERVICES.
The Service includes certain services that are available via a mobile device, including (a) the ability to browse the Service from a mobile device; and (b) the ability to access certain features of the Service through Service Applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges. In addition, your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.
SERVICE SECURITY.
You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at HOMECLIPS.COM’s sole discretion. HOMECLIPS.COM reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify HOMECLIPS.COM if you learn or reasonably suspect that any security breach related to the Service has occurred.
REGISTRATION AND ELIGIBILITY.
To access certain additional features and functionality of the Service, you must register an account with HOMECLIPS.COM. All information provided to HOMECLIPS.COM during registration will be held and used in accordance with HOMECLIPS.COM’s Privacy Policy. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Service and are fully responsible for all activities that occur through the use of your credentials. You agree to notify HOMECLIPS.COM immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. HOMECLIPS.COM will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying HOMECLIPS.COM of such unauthorized use or loss of your credentials.
ACCURACY OF INFORMATION.
You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
SUBSCRIPTIONS.
If you are looking to subscribe to HOMECLIPS.COM, you will need to add a payment card. When adding a payment card, your card information is stored by a payment processor. However, as far as legally possible, HOMECLIPS.COM reserves the right to change the payment processors it uses at any time and without notice to you.
HOMECLIPS.COM does not store any payment card information. If you are looking to earn money from HOMECLIPS.COM with your profile, you will need to add a bank account and upload a valid form of ID. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America (the exact information required will depend on your country). Your winnings will be paid into your bank account, via one of our payout processors or via direct bank wire. With exception to those users seeking payment via direct bank wire, HOMECLIPS.COM does not store any bank account information, which is stored by our by our third party payout processors.
Subscriptions; Auto-Renewal; Cancellation. Including Free Trial Subscriptions, all subscriptions to HOMECLIPS.COM will automatically renew at the end of the relevant subscription period selected, except if your payment card is declined, the subscription price for the subscription has increased, or you have turned off the “Auto-Renew” switch located in your user account settings. This means that if you want to stop subscribing to HOMECLIPS.COM and paying continuing subscription charges, you will need to turn off “Auto-Renew.” If you cancel a subscription, you will continue to be permitted to view the relevant creator’s content until the end of the subscription period in which you canceled, after which no further payments will be taken from your payment card for subscriptions to HOMECLIPS.COM (unless you choose to pay for a new subscription to HOMECLIPS.COM), and you will no longer be able to view the relevant content. If we suspend your user account for breach of this agreement, any payments that would otherwise have fallen due during the period of suspension of your user account will be suspended during the period of suspension of your user account. For purposes of this agreement, “subscription” means a fan’s subscription to HOMECLIPS.COM (whether paid or unpaid, and whether for one month, a few months, 1 year or as part of a bundle comprising a subscription for more than one month).
PURCHASES AND PAYMENT OF REVENUE.
To access HOMECLIPS.COM, you must first add a payment card to your account and then purchase a membership. All purchases are final and non-refundable. However, you may cancel your subscription at any time by contacting us at support@homeclips.com, which will allow you to access HOMECLIPS.COM until the end of the existing billing period, where you will lose access to the content and not be re-billed.
If a Creator uploads content (an "Uploading User") then, subject to that Creator complying with these Terms, that Creator is entitled cash prizes determined by ratings to your uploaded content, generated by other Users who view your uploaded content. Payment will be made by or on behalf of HOMECLIPS.COM to the uploading Creator.
REFUNDS.
All purchases made on HOMECLIPS.COM are final and non-refundable. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.
CHARGEBACKS.
Any purchase made on HOMECLIPS.COM resulting in a chargeback will cause the User’s account to be immediately and permanently excluded from HOMECLIPS.COM.
PAYMENT TERMS.
BY USING THE SERVICE, OR BY REGISTERING FOR AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PAYMENT TERMS, AS MAY BE AMENDED BY HOMECLIPS.COM FROM TIME TO TIME AT OUR DISCRETION.
- WE ACCEPT VARIOUS FORMS OF PAYMENT, AS SET FORTH ON THE WEBSITE FROM TIME TO TIME. WE DO NOT ACCEPT CASH OR CHECKS. PAYMENTS ARE PROCESSED BY OUR THIRD-PARTY PAYMENT PROCESSOR(S).
- THE DAY WHEN YOU REGISTER FOR AND PURCHASE OR ACTIVATE YOUR SUBSCRIPTION (“ACTIVATION DATE”) IS THE FIRST DAY OF YOUR BILLING CYCLE. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE OUR PAYMENT PROCESSOR TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES, AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“SUBSCRIPTION FEE”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY APPLICABLE FEDERAL, STATE, PROVINCIAL, VAT OR MUNICIPAL TAXES OR DUTIES.
- UNLESS YOU NOTIFY US OF YOUR DECISION TO TERMINATE YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM AT THE THEN-CURRENT SUBSCRIPTION FEE. A RENEWED SUBSCRIPTION WILL HAVE THE SAME TERM AS THE IMMEDIATELY PRECEDING SUBSCRIPTION. AT THE TIME OF RENEWAL, YOUR PAYMENT METHOD WILL BE CHARGED THE SUBSCRIPTION FEE.
- YOUR PAYMENT METHOD WILL BE CHARGED FOR THE RENEWAL TERM OF YOUR SUBSCRIPTION ON YOUR BILLING DATE (“BILLING DATE”), BASED ON THE TYPE OF SUBSCRIPTION (E.G., ON A PARTICULAR DATE EACH YEAR FOR A YEARLY SUBSCRIPTION). IF, HOWEVER, THE ACTIVATION DATE OF YOUR SUBSCRIPTION IS ON THE 29TH, 30TH OR 31ST DAY OF A MONTH, AND YOUR BILLING DATE DOES NOT EXIST IN A PARTICULAR MONTH BECAUSE THERE ARE FEWER THAN THIRTY-ONE (31) DAYS IN THE MONTH PAYMENT IS DUE, THEN YOUR BILLING DATE FOR THAT PARTICULAR RENEWAL WILL BE ON THE LAST DAY OF THE MONTH IN WHICH YOUR BILLING DATE WOULD OTHERWISE BE. THE SUBSCRIPTION FEE IS PAYABLE IN U.S. DOLLARS ONLY.
- IF YOU FAIL TO PAY THE APPLICABLE SUBSCRIPTION FEE WHEN DUE, THEN YOUR ACCOUNT MAY BE DOWNGRADED, SUSPENDED OR CANCELLED, AT HOMECLIPS.COM’S SOLE DISCRETION. IF YOUR ACCOUNT IS SUSPENDED, THEN HOMECLIPS.COM MAY, BUT IS NOT OBLIGATED TO, MAINTAIN YOUR ACCOUNT AND/OR RELATED CONTENT AND INFORMATION, IN ORDER TO ALLOW YOU TO PAY THE PAST-DUE CHARGES AND RESTORE YOUR ACCOUNT. IF THE CHARGES ARE NOT PAID, THEN YOUR ACCOUNT MAY BE CANCELLED.
- YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME FOR ANY OR NO REASON. IF YOU CANCEL YOUR
SUBSCRIPTION, THEN YOU WILL HAVE ACCESS TO THE FULL SERVICE UNTIL THE DATE THAT WOULD HAVE BEEN YOUR
NEXT BILLING DATE. TO CANCEL AN ONGOING SUBSCRIPTION, PLEASE CONTACT US AT
support@homeclips.com.
ONCE YOU HAVE CANCELLED YOUR SUBSCRIPTION, WE WILL STOP BILLING YOUR APPLICABLE PAYMENT METHOD. IF YOU RESIDE IN A COUNTRY THAT IS PARTY OF THE EUROPEAN UNION AND PURCHASED A SUBSCRIPTION, YOU MAY CANCEL YOUR SUBSCRIPTION AND RECEIVE A FULL REFUND OF YOUR SUBSCRIPTION FEE WITHIN 14 DAYS OF THE ACTIVATION DATE, BUT ONLY IF YOU HAVE NOT LOGGED IN OR OTHERWISE ACTIVATED YOUR SUBSCRIPTION.
- WE RESERVE THE RIGHT TO CHANGE HOMECLIPS.COM’S SUBSCRIPTION FEE OR PRICES AT ANY TIME IN OUR SOLE DISCRETION. IF HOMECLIPS.COM DOES CHANGE the SUBSCRIPTION FEE OR PRICES, THEN WE WILL PROVIDE NOTICE OF THE CHANGE IN AN EMAIL TO YOU ON THE DAY THE CHANGE IS TO TAKE EFFECT. YOUR CONTINUED USE OF THE SERVICES AFTER THE PRICE CHANGE BECOMES EFFECTIVE CONSTITUTES YOUR AGREEMENT TO PAY THE CHANGED AMOUNT.
ACCOUNT DEACTIVATION.
Should you wish to deactivate your HOMECLIPS.COM account, please contact customer support at support@homeclips.com to submit your deactivation request. We will deactivate your account within 10 working days after receiving your request.
ADVERTISEMENTS.
- Third Party Advertisements. HOMECLIPS.COM may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third-party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. HOMECLIPS.COM does not endorse or represent such third parties, and by using the Service, you agree that HOMECLIPS.COM is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
- Third Party Sites. The Service may also include links to third party websites or third-party services that are not owned or operated by HOMECLIPS.COM (collectively, “Third-Party Sites”). HOMECLIPS.COM does not endorse or represent such third parties and HOMECLIPS.COM is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Service may also require that you agree to additional terms and conditions of Third-Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
- You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
- The Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Website;
- send emails or other communications with certain content, or links to certain content, on the Website;
- cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us, solely with respect to the content
they are displayed with. However, you must not:
- establish a link from any website that is not owned by you;
- cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
- link to any part of the Website other than the homepage; or
- otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice in our discretion.
CONTENT YOU SUBMIT;
LICENSE GRANTS FROM YOU.
- User Content. This Section governs any material that you post, send or transmit (collectively,
“Post”) through the Service, including, by way of example and not limitation, photographs, graphics,
images, text, musical works, sound recordings, digital phonorecord deliveries, and any other
content, materials or works subject to protection under the laws of the United States or any other
jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws
(collectively, “User Content”). You are solely responsible for securing the rights to any and all
User Content you Post to or through the Service.
- License Grants to HOMECLIPS.COM and other Users. BY POSTING USER CONTENT TO OR THROUGH THE SERVICE, YOU HEREBY GRANT TO HOMECLIPS.COM (AND HOMECLIPS.COM’S ASSIGNEES, DESIGNEES, SUCCESSORS, LICENSEES, AND SUB-LICENSEES) AN UNRESTRICTED, PERPETUAL, ASSIGNABLE, SUBLICENSABLE, REVOCABLE, ROYALTY-FREE, FULLY PAID UP LICENSE THROUGHOUT THE WORLD TO REPRODUCE, MODIFY, DISTRIBUTE, DISPLAY, PUBLISH, TRANSMIT, COMMUNICATE TO THE PUBLIC, MAKE AVAILABLE, BROADCAST, CREATE DERIVATIVE WORKS FROM, PUBLICLY PERFORM (INCLUDING ON A THROUGH-TO-THE AUDIENCE BASIS), DELIVER AND PUBLICLY PERFORM DIGITAL PHONORECORDS, AND OTHERWISE USE AND EXPLOIT (COLLECTIVELY, “USE”) ALL USER CONTENT YOU POST TO OR THROUGH THE SERVICE, THROUGH ANY MEDIA AND FORMATS NOW KNOWN OR HEREAFTER DEVELOPED, IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION,
- IN CONNECTION WITH OR ON ANY THIRD PARTY SITES AND PLATFORMS WHERE THE SERVICE IS SYNDICATED; AND
- TO ADVERTISE, MARKET AND PROMOTE THE AVAILABILITY OF USER CONTENT AND THE SERVICE. BY WAY OF EXAMPLE
ONLY AND WITHOUT LIMITING THE FOREGOING LICENSE, HOMECLIPS.COM WILL HAVE THE RIGHT TO INSERT, PLACE
OR INCLUDE ALL TYPES OF ADVERTISEMENTS WITHIN OR AROUND USER CONTENT, INCLUDING, WITHOUT LIMITATION,
RUNNING OR STREAMING PRE-ROLLS, MID-ROLLS, POST-ROLLS, DISPLAY ADS, OVERLAYS, BANNERS, CAMPAIGN AND
COMPANION ADS AND ANY OTHER TYPE OF ADVERTISING, WHETHER AUDIO, VISUAL, OR AUDIOVISUAL UNITS IN
CONNECTION WITH USER CONTENT. NOTWITHSTANDING THE PRECEDING SENTENCES OF THIS SECTION, IF YOU REMOVE
ANY OF YOUR USER CONTENT USING FUNCTIONALITIES AVAILABLE THROUGH THE SERVICE, THEN YOU AGREE TO, AND
HEREBY DO GRANT, HOMECLIPS.COM A PERPETUAL AND IRREVOCABLE LICENSE TO USE ANY BACKUP COPIES OF YOUR
USER CONTENT THAT HOMECLIPS.COM MADE PRIOR TO YOUR REMOVAL OF YOUR USER CONTENT AND IN THE ORDINARY
COURSE OF BUSINESS
- License for Name, Image, Voice, and Likeness. You further hereby grant HOMECLIPS.COM a royalty-free license to Use your name, image, voice, trademarks, logos, monikers, and likeness (and that of any person identifiable in any User Content you posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.
- Limited Waiver of Rights. You waive any and all rights of privacy, rights of publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this agreement. You expressly release HOMECLIPS.COM and all of HOMECLIPS.COM’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, right to publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this agreement.
- Representations and Warranties with Respect to Your User Content. Except for materials provided to you by HOMECLIPS.COM through the Service, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to HOMECLIPS.COM the rights in your User Content as contemplated under this Subscription Agreement; and (2) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require HOMECLIPS.COM to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
- Proof of Rights Clearance. HOMECLIPS.COM may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by HOMECLIPS.COM in its sole discretion), then HOMECLIPS.COM may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
CREATOR CODE OF CONDUCT
- NO SEX TRAFFICKING; NO SOLICITATION OF PERSONAL CONTACT WITH CUSTOMERS. It is illegal and strictly prohibited for you to engage in, participate in, assist, support, or facilitate any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion. This includes, without limitation, it is prohibited for you to exchange any personal contact information with any User, or for you to take any action to arrange any type of face-to-face meeting with a User. Also, it is prohibited for you to discuss with a User any transaction involving any other service or product, including but not limited to any other Internet based service. Accounts found to be involved in any of these activities will be terminated and payments will be withheld.
- PERFORMER/STUDIO ACCOUNTS. Your account with HOMECLIPS.COM may only include performers who have properly registered and who are approved by HOMECLIPS.COM to appear on your account. Accounts with performers who have not properly registered with HOMECLIPS.COM or have not submitted all required and proper documentation will be closed permanently. If you are no longer using your account, your account must be closed. Inactive accounts will be closed after a specific amount of time and cannot be recovered.
- AGE DOCUMENTS MUST BE SUBMITTED FOR ALL PERFORMER/STUDIOS. By appearing on HOMECLIPS.COM you are verifying that you have reached the age 18 (19 in Canada).
- NO VIOLATION OF LAWS RE OBSCENITY OR MINORS. Creators shall not violate any local community standard of "obscenity" during any performance related to this Agreement, including but not limited to Creator shall not depict or describe any act of a sexual nature involving bestiality, necrophilia, coprophilia, urine, feces, vomit, blood, or others. Additionally, during any performance related to this Agreement, Creator shall not depict or describe any minor activity or act of a sexual nature involving persons under the age of 18 years (including but not limited to sex of any kind, simulated sex, sexual conduct, masturbation, bondage, domination, sadomasochism, or others).
- NO PROMOTION OF OTHER SITES. Promotion of any non-HOMECLIPS.COM related website directly to HOMECLIPS.COM members and affiliate site members is strictly prohibited. This includes but is not limited to by chat, by text, or by any other means. Violation of this condition will result in termination of this Agreement and the permanent termination of your account. Additionally, HOMECLIPS.COM reserves the right to withhold payments to you if this condition is violated.
- NOT UNDER INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS. While giving any performance or taking any other action related to this Agreement, Creator shall not be under the influence of alcohol or any illegal drug or controlled substance.
- NO ANIMALS OR FIREARMS. Creator is prohibited from having any animal appear and from having any firearm or gun of any type appear on in pics and/or videos.
- NO FRAUDULENT ACTIVITY. While giving any performance or taking any other action related to this Agreement, Creator shall not engage in any type of fraudulent activity. Fraudulent activity is defined as any activity on the site that results in complaints or chargebacks, or is deemed inappropriate by HOMECLIPS.COM's representatives. HOMECLIPS.COM reserves the right to terminate any account at any time for any reason if fraud is suspected and to not make any related payments.
- IMAGE APPROVAL. Images and/or videos submitted to HOMECLIPS.COM for Creator's bio must be approved by HOMECLIPS.COM. HOMECLIPS.COM reserves the right to approve or reject any image and/or video submitted.
- NON-COMPETITION. HOMECLIPS.COM agrees that Creator will be allowed to own and operate a personal website. Provided, that Creator agrees not to solicit customers and/or other Creators through his/her personal website that is or may be in direct or indirect competition with HOMECLIPS.COM. Creator further agrees not to release any email addresses or web page addresses to anyone without the explicit approval of HOMECLIPS.COM.
- CREATOR HARASSMENT. HOMECLIPS.COM does not condone Creator to Creator harassment. If you are found to be harassing, bothering, teasing, distracting and/or mocking other Creators (either as a Creator or a User), your account may be suspended or terminated. HOMECLIPS.COM supports all Creators and wants everyone to succeed in a safe environment. We expect all Creators to behave maturely and support each other.
- ACCOUNT TERMINATION. If you are no longer using your account, the account must be closed. Inactive accounts will be archived after a specific amount of time and cannot be recovered. HOMECLIPS.COM Creator accounts can be terminated based on performance level or quality. Creators should strive to maintain a reasonable performance level of time in paid chat vs time online.
- RULE AMENDMENTS. We reserve the right to add to or amend any rule/guideline as it becomes necessary.
USE RESTRICTIONS.
Your rights to use the Service and the HOMECLIPS.COM Content are expressly conditioned on the following:
- You may access the Service for your personal entertainment purposes only solely as intended through the provided functionality of the Service and as permitted under this agreement.
- You may not copy, distribute, re-sell, alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or any HOMECLIPS.COM Content.
- You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or
broadcast any part of the Service or HOMECLIPS.COM Content without HOMECLIPS.COM’s prior written
authorization, including, by way of example and not limitation, by doing or engaging in any of the
following without HOMECLIPS.COM’s prior express written consent:
- altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to HOMECLIPS.COM or obtained from the Service.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine HOMECLIPS.COM Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or HOMECLIPS.COM Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this Subscription Agreement, the authorized features of the Service or HOMECLIPS.COM Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by HOMECLIPS.COM.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the HOMECLIPS.COM Content, or any portion thereof, through any other application or website, unless and solely to the extent HOMECLIPS.COM makes available the means for embedding any part of the Service or the HOMECLIPS.COM Content.
- You agree not to access, tamper with, or use non-public areas of the Service, HOMECLIPS.COM’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of HOMECLIPS.COM’s providers.
- You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including HOMECLIPS.COM employees.
- You agree not to provide any false personal information to HOMECLIPS.COM.
- You agree not to create a false identity or impersonate another person or entity in any way.
- You agree not to create a new account with HOMECLIPS.COM, without HOMECLIPS.COM’s express written consent if HOMECLIPS.COM has previously disabled, suspended or terminated an account of yours for any reason whatsoever.
- You agree not to solicit, or attempt to solicit, personal information from other Users.
- You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users of the Service.
- You agree not to use the Service, without HOMECLIPS.COM’s express written consent, for any commercial purpose, including reselling, distributing, or communicating or facilitating any commercial advertisement or solicitation.
- You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to Post, transmit or otherwise make available, including in any of your User Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or HOMECLIPS.COM Content or communications equipment and computers connected to the Service.
- You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by HOMECLIPS.COM in its sole discretion.
- You agree not to Post any User Content that does or could be claimed to infringe any third party intellectual property or other rights, including the rights of privacy, publicity and confidentiality.
- You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this agreement through the use of the Service.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
DMCA
To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by HOMECLIPS.COM, terminating the account of the User who published the content.
To notify us of claimed copyright infringement, please contact our customer support team by email at support@homeclips.com
Under the DMCA, a notification of claimed copyright infringement must include all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.
A DMCA counter-notification must include all of the following:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.
CONTENT REMOVAL POLICY.
The Merchant must support a complaint process that allows for the reporting of content that may be illegal or otherwise violates the Visa Rules or the requirements of this Program guide and must review and resolve all reported complaints within seven (7) business days. In the event there is evidence of illegal content, the Merchant must remove that content immediately and the Acquirer(s) will be notified of the event.
REPEAT INFRINGER POLICY.
HOMECLIPS.COM’s intellectual property policy is to (a) remove or disable access to material that HOMECLIPS.COM believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content or Feedback to or through the Service and for whom HOMECLIPS.COM has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content or Feedback. HOMECLIPS.COM has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon HOMECLIPS.COM’s own determination.
INDEMNITY.
You agree to indemnify and hold HOMECLIPS.COM, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service, or HOMECLIPS.COM Content; (b) your User Content; or (c) your violation of this agreement. HOMECLIPS.COM will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if HOMECLIPS.COM is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding HOMECLIPS.COM’s inability to contact you in a timely manner.
HOMECLIPS.COM reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist HOMECLIPS.COM’s defense of such matter. You agree not to settle any matter without the prior express written consent of HOMECLIPS.COM.
NO WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR HOMECLIPS.COM CONTENT), ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HOMECLIPS.COM HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR HOMECLIPS.COM CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HOMECLIPS.COM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HOMECLIPS.COM OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS SUBSCRIPTION AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL HOMECLIPS.COM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR HOMECLIPS.COM CONTENT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HOMECLIPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL HOMECLIPS.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO HOMECLIPS.COM IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
THIRD PARTY DISPUTES.
HOMECLIPS.COM IS NOT AFFILIATED WITH ANY MOBILE CARRIER, RADIO STATION OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE HOMECLIPS.COM (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
DISPUTE RESOLUTION AND MANDATORY ARBITRATION.
Please read this carefully. It affects your rights. YOU AND HOMECLIPS.COM AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION, AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
- Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, if you do not provide a mailing address to HOMECLIPS.COM, to you via any other method available to HOMECLIPS.COM, including via e-mail. The Notice to HOMECLIPS.COM should be addressed to HOMECLIPS.COM. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and HOMECLIPS.COM do not reach an agreement to resolve the claim within 90 days after the Notice is received, then you or HOMECLIPS.COM may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. You are solely responsible for the payment of the filing fee.
- Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and HOMECLIPS.COM agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND HOMECLIPS.COM AGREE THAT YOU AND HOMECLIPS.COM MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THIS ONLY THIS SECTION OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this agreement.
- Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of the agreement by HOMECLIPS.COM or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against HOMECLIPS.COM, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this agreement.
GOVERNING LAW.
The laws of the State of California, excluding its conflicts of law rules, govern your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum. Any lawsuit filed in federal court shall be brought in the United States District Court for the Central District of California. PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.
RECOVERY OF EXPENSES.
In any proceedings between the parties arising out of or relating to claims of intellectual property infringement, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of section, “prevailing party” means, for any proceedings, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
JURY TRIAL WAIVER.
Each party hereby waives its right to a trial by jury in any claims arising out of or relating to the subject matter of this agreement. Either party may enforce this waiver up to and including the first day of trial.
ASSIGNMENT.
You may not assign this agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of HOMECLIPS.COM. This means that in the event you dispose of any device on which you have installed the Service, such as by sale or gift, you are responsible for deleting the Service from your mobile device prior to such disposition. HOMECLIPS.COM may assign this agreement, including all its rights hereunder, without restriction. Any assignment in violation of this Section is void.
MISCELLANEOUS.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Subscription Agreement. This agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and HOMECLIPS.COM regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by you and an authorized representative of HOMECLIPS.COM. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this agreement or any provision of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HOMECLIPS.COM as a result of this agreement or use of the Service. You acknowledge and agree that HOMECLIPS.COM and HOMECLIPS.COM's subsidiaries, and that HOMECLIPS.COM will have the right to enforce this agreement against you as a third-party beneficiary thereof. The English language version of this agreement is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this agreement and all ancillary documents be drafted solely in English.
Your access to this Website and access to and use of the Service is governed by and conditioned on your express consent to this agreement. You have thoroughly reviewed this agreement to your satisfaction. By clicking on the “JOIN” button, you agree to be bound by this agreement, just as if you had signed it in pen and ink.
Prohibited content includes, but is not limited:
- Child Pornography (anyone under the age of 18)
- This includes depicting or describing persons under the age of 18, or appearing to be under the age of 18.
- If your website uses the word “teen,” it must be stated, in a clear and conspicuous manner, that the models are 18 or 19.
- Forced / Non-Consensual Sexual Activity
- Oral, anal or vaginal penetration by sex organs, object (dildo, strap-on,etc.) or fingers and includes wording or actions indicating lack of consent: rape, force, asleep, drugged, passed/blacked out, chloroformed, unconscious, hypnotized, drunk, intoxicated, inebriated, drugged, stoned sex, etc.
- Someone who is drunk, sleeping, hypnotized, etc. cannot give consent, and is therefore classified as a violation.
- Bestiality
- This includes content depicting or describing sex with animals, and acts with non-human creatures (aliens, mythological creatures, etc.).
- Hate Crimes
- Violence, or extreme sexual violence and/or Pain
- Non-consensual mutilation of a person or body part
- Blood
- Scat, depicting or displaying human feces
RESTRICTED WORDS.
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