Terms of Service

Last Updated: Jun 2019
**PLEASE READ THIS DOCUMENT CAREFULLY. Foxtik, Inc. (“Foxtik,” “we,” or “us”) offers an online video sharing platform and community through its website located at Foxtik.com and other Foxtik-operated sites (collectively, the “Foxtik Site”), mobile applications, and other online services (collectively and including the Foxtik Site, the “Foxtik Service”). By registering as a member or by using the Foxtik Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Foxtik. If you do not wish to be bound by this Agreement, do not use the Foxtik Service. **

Content

  1. Who May Use the Foxtik Service
  2. Privacy
  3. Membership
  4. Subscriptions and Purchases
  5. Term and Termination; Account Deletion
  6. Content Restrictions
  7. Code of Conduct
  8. Third Party Copyrights and Other Rights
  9. Disclaimers

10.Limitation of Liability

11.Compliance Notice Pursuant to 18 U.S.C. § 2257

12.General Provisions

 

  1. Who May Use the Foxtik Service

    AGE REQUIREMENT:You must be at least 13 years old to use the Foxtik Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Foxtik Service. Please have him or her read this Agreement with you.

    NOTICE TO PARENTS AND GUARDIANS:By granting your child permission to use the Foxtik Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Foxtik Service. If your child is using the Foxtik Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Foxtik Service is appropriate for your child, please review our Frequently Asked Questions or contact us.

    WARNING: Even if you are old enough to use the Foxtik Service and/or have your parent’s or guardian’s permission, some of the content available within the Foxtik Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.

    2. Privacy

    Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • What we use that information for; and
  • With whom we share that information.
  1. Membership

    REGISTRATION:To fully use the Foxtik Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Foxtik and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

    USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.

    ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the Foxtik Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

    4. Content Restrictions

    You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:

  2. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  3. Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
  4. Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  5. Exploits minors;
  6. Depicts unlawful acts or extreme violence;
  7. Depicts animal cruelty or extreme violence towards animals;
  8. Promotes fraudulent or dubious business schemes; or
  9. Violates any law.

All videos you submit must also comply with the Foxtik Guidelines, which are incorporated into this Agreement.

5.Code of Conduct

In using the Foxtik Service, you must behave in a civil and respectful manner at all times. Further, you will not:

  1. Act in a deceptive manner by, among other things, impersonating any person;
  2. Harass or stalk any other person;
  3. Harm or exploit minors;
  4. Distribute “spam”;
  5. Collect information about others; or
  6. Advertise or solicit others to purchase any product or service within the Foxtik Site (unless you are an official Foxtik   partner or advertiser and have a written agreement with Foxtik).

Foxtik has the right, but not the obligation, to monitor all conduct on and content submitted to the Foxtik Service.

6. Third Party Copyrights and Other Rights

Foxtik respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at admin [at]Foxtik[dot]com.

7. Disclaimers

Foxtik reserves the right to modify the Foxtik Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Foxtik Service. Foxtik has no obligation to screen or monitor any content and does not guarantee that any content available on the Foxtik Service complies with this Agreement or is suitable for all users.

Foxtik provides the Foxtik Service on an “as is” and “as available” basis. You therefore use the Foxtik Service at your own risk. Foxtik expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Foxtik makes no representations or warranties:

  1. That the Foxtik Service will be permitted in your jurisdiction;
  2. That the Foxtik Service will be uninterrupted or error-free;
  3. Concerning any content submitted by any member;
  4. Concerning any third party’s use of content that you submit;
  5. That any content you submit will be made available on the Foxtik Service or will be stored by Foxtik;
  6. That the Foxtik Service will meet your business or professional needs;
  7. That Foxtik will continue to support any particular feature of the Foxtik Service; or
  8. Concerning sites and resources outside of the Foxtik Service, even if linked to from the Foxtik Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Foxtik Service, and no warranties shall apply after such period.

8. Limitation of Liability

To the fullest extent permitted by law: (i) Foxtik shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses;

9. Compliance Notice Pursuant to 18 U.S.C. § 2257

All pictures, graphics, videos, and other visual media displayed on the Foxtik Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. Foxtik is not the primary producer of the visual content contained in the Foxtik Service.