Xchimp may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Website.
1. Description of Service.
Xchimp is a website that makes available to its viewers adult content. The website is a resource for people who are looking for, visual depictions of adult content, including sexually explicit images.
Xchimp's dynamic service enables users (visitors are collectively referred to as "User(s)") to access a host of functionality, including but not limited to various types of media.
Xchimp grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You only may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
Use of the Xchimp Website is void where prohibited.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Xchimp. Illegal and/or unauthorized use of the Xchimp Services, including collecting usernames and/or email addresses of Visitors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Xchimp Website is prohibited. Unauthorized commercial advertisement, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of access to the site.
These Terms of Service apply to all Users. The Website may contain links to third party websites or provide content from third party websites that are not owned or controlled by Xchimp. Xchimp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Xchimp and its affiliates from any and all liability arising from your use of any third-party website.
3. Ability to Accept Terms of Service.
You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website.
4. User Conduct.
You, and anyone you allow to use your account agree that you shall not do any of the following: (a) violate any of the terms and conditions of this Agreement; (b) impersonate any person or entity, including without limitation any Xchimp personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) use the Website in any way that exposes Xchimp to criminal or civil liability; (d) post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) "stalk" or otherwise harass another; (f) damage, interfere with, or disrupt Xchimp, the Website, or Xchimp networks; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) Xchimp determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service allowed on the site.
Xchimp shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
The content on the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Xchimp, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Xchimp reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
In accordance with the Digital
Millennium Copyright Act of 1998 (the text of which may be found on
the U.S. Copyright Office website at http://lcweb.loc.gov/
- 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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
- 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 Xchimp to locate the material;
- Information reasonably sufficient to permit Xchimp to contact the complaining party, including a name, address, telephone number and, if available, an email 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;
- 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.
All claims of copyright infringement on or regarding this Website should be delivered to Xchimp's designated copyright agent at the following address:
Attorney Joseph Cohen
1801 Avenue of the Stars
Los Angeles, California 90025
7. 18 U.S.C. section 2257.
All content on this website is in compliance with 18 U.S.C. section 2257.
8. Equipment and Software.
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. Xchimp may modify system requirements or the Software at any time. XCHIMP MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
9. Prohibited Areas.
All of the following areas constitute PROHIBITED AREAS from which no part of the Web Site, or any age restricted Content or other Materials available in, at, through, or in association with the Web Site, may be accessed, viewed, downloaded or otherwise received:
PROHIBITED ACCESS AREAS IN THE UNITED STATES. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
150-179, 182-188, 193, 195, 196, 226-229, 238-268, 270-299, 304-310, 312-329, 335-339, 341, 342, 344, 346, 347, 349-352, 354-374, 376-397, 403-418, 420-427, 430-459, 467-479, 572-577, 609-620, 622-629, 634-639, 644-648, 650-658, 664-679, 686-693, 703-708, 710-714, 716-731, 734-741, 743-751, 754-769, 771, 772, 776-785, 788-799, 840, 841, 843-847
IMPORTANT: EACH TIME YOU WISH TO ACCESS THE WEB SITE, PLEASE CHECK TO SEE IF YOU ARE IN A PROHIBITED ZIP CODE. IF SO, YOU MAY NOT ACCESS ANY MATERIALS FROM A PROHIBITED ZIP CODE LOCATION.
WARNING: ACCESSING THE RESTRICTED PARTS OF THE WEB SITE FROM A PROHIBITED LOCATION WILL CONSTITUTE COPYRIGHT INFRINGEMENT, TRESPASS AND A VIOLATION OF THE FEDERAL STORED COMMUNICATIONS ACT (18 U.S.C. 2701- 2710).
10. Representations and Warranties.
You represent and warrant that all of the information, if any, provided by you to Xchimp to participate in the Website is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
Xchimp reserves the right to terminate your access to and/or use of the Website for any reason, including without limitation any failure to comply with any part of this Agreement. Xchimp also reserves the right to discontinue providing all or part of the Website. Xchimp reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by Xchimp in providing the Website may be effected without notice to you. You agree that Xchimp shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.
12. Warranty Disclaimer/Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT XCHIMP SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, XCHIMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. XCHIMP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL XCHIMP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE XCHIMP SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
XCHIMP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND XCHIMP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT XCHIMP SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Xchimp makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless Xchimp, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that site caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
14. Choice of Law and Jurisdiction.
Unless expressly stated to the contrary elsewhere within the Website, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the United States of America applicable to contracts entered into and wholly to be performed within said jurisdiction. By using the Website and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in U.S. courts with respect to all such disputes.