XNXX legal/tos changes — 20221029_rev01

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B. Content on the Website is provided to you AS IS for your information and personal and non-commercial use only. You further agree that you will not:

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- submit material that depicts any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction), whether real or simulated; and

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- submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction); and

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- submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; and

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- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NKL all of the license rights granted herein; and

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- allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent; and

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- publish falsehoods or misrepresentations that could damage NKL or any third party; and

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- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; and

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- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NKL Associates all of the license rights granted herein; and

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- allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise exploit, any content, including member Submissions, without our express prior written consent; and

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- publish falsehoods or misrepresentations that could damage NKL Associates or any third party; and

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- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; and

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- submit material depicting violence or abuse (actual harm to another living thing, including animals); and

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- submit material that depicts or promotes incest; and

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- submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and

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- use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Website, unless you are expressly authorized in writing to do so by us; and

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- use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser;

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- collect or harvest any personally identifiable information, including account names, from the Website; and

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- solicit, for commercial purposes, any users of the Website with respect to their Submissions; and

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- post advertisements or solicitations of business; and

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- impersonate another person.

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C. We do not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a user's Contribution. Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you ("**Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data. NKL does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).

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C. Any content intended to praise, promote, or aid terrorist or any other violent criminal organizations is strictly forbidden on the Website. For more information please read our anti-terrorist content policy available at \[•\].

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D. We do not endorse any User Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a User's Submission.

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Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you (" **Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data. NKL Associates does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).

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If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyright, submit a copyright infringement takedown request available at the following link [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown) with the form containing the following information:

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- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; and

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- a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); and

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- information reasonably sufficient to permit NKL to contact you, such as a physical address, telephone number and email address; and

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- information reasonably sufficient to permit NKL Associates to contact you, such as a physical address, telephone number and an email address; and

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- a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and

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- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner's behalf.

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You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing. Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification claimant and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area ("**EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

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You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing. Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification addressee and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area (" **EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

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You consent to your personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).

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#### Copyright Counter-Notification Process

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**Copyright Counter-Notification Process**

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When an uploader's video submission has been removed, the Website will notify the uploader of this removal.

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Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL's email address from which the user originally received the forwarded takedown request.

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When an uploader's Submission has been removed, the Website provider will notify the uploader of this removal.

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Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website provider, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL Associates's email address from which the user originally received the forwarded takedown request.

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For the Website to consider a counter-notification, it must include the following:

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For the Website provider to consider a counter-notification, it must include the following:

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- A physical or electronic signature of the uploader; and

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- Identification of the material that has been removed by providing one or more URLs where the material was previously available; and

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- A statement under penalty of perjury that the uploader 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; and

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- The uploader's name, address, and telephone number; and

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- A statement that the uploader consents to the jurisdiction of the federal District Court for the judicial district in which the user is located, or if the uploader's address is outside of the United States, for any judicial district in which the Website may be found; and

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- A statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.

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Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

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Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area ("**EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter-notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

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Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addresses of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area (" **EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

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You consent to you personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).

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You consent to your personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).

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That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.

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For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you ("**Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data.

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For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, terrorist content or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you and disclaim any and all liability in connection with the Third Party Personal Data.

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D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.

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E. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL Associates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL Associates with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL Associates and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.

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### 7\. Warranty Disclaimer

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**7\. Warranty Disclaimer**

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YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

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BY LAW, CONSUMERS MAY HAVE CERTAIN RIGHTS WHICH CANNOT BE EXCLUDED OR MODIFIED BY A CONTRACT. NOTHING IN THIS AGREEMENT AFFECTS THESE RIGHTS AVAILABLE TO YOU AS A CONSUMER.

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TO THE FULLEST EXTENT PERMITTED BY LAW, NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NKL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

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TO THE FULLEST EXTENT PERMITTED BY LAW, NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NKL ASSOCIATES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

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- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR

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- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR

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- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR

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- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR

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- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

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- 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.

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- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

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NKL PROVIDES ITS SERVICES "AS IS" AND 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 NKL 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.

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NKL ASSOCIATES PROVIDES ITS SERVICES "AS IS" AND 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 NKL ASSOCIATES 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.

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### 8\. Limitation of Liability

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**8\. Limitation of Liability**

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TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

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TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

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PURSUANT TO ITS HOST STATUS, NKL IS UNDER NO GENERAL OBLIGATION TO MONITOR THE CONTENT POSTED ON THE WEB SITE AND IS UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE 'CONTENT TO BE ILLEGAL, BUT IT WILL REMOVE OR FORBID ACCESS TO THE WEBSITE OF ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS NKL HAS BEEN NOTIFIED OF ITS EXISTENCE.

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PURSUANT TO ITS HOST STATUS, NKL ASSOCIATES IS UNDER NO GENERAL OBLIGATION TO MONITOR THE CONTENT POSTED ON THE WEB SITE AND IS UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE 'CONTENT TO BE ILLEGAL, BUT IT WILL REMOVE OR FORBID ACCESS TO THE WEBSITE OF ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS NKL ASSOCIATES HAS BEEN NOTIFIED OF ITS EXISTENCE.

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TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ACTING WITH REASONABLE DILIGENCE, NKL SHALL NOT BE LIABLE FOR:

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TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ACTING WITH REASONABLE DILIGENCE, NKL ASSOCIATES SHALL NOT BE LIABLE FOR:

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- DAMAGES WHICH DO NOT RESULT FROM A BREACH OF THESE TERMS OF USE BY NKL; AND

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- LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND US COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF BREACH BY NKL OF THE TERMS OF USE; AND

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- DAMAGES WHICH DO NOT RESULT FROM A BREACH OF THESE TERMS OF USE BY NKL ASSOCIATES; AND

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- LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND US COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF BREACH BY NKL ASSOCIATES OF THE TERMS OF USE; AND

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ANY CONTENT SUBMITTED BY A USER, OR ANY OTHER CONDUCT OF A USER OR THIRD PARTY OF DEFAMATORY, INJURIOUS OR ILLEGAL NATURE, SUBJECT TO THE PROVISIONS OF APPLICABLE LAW RELATING TO THE WITHDRAWAL OF CONTENT.

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IN NO EVENT SHALL NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

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IN NO EVENT SHALL NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

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- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR

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- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR

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- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR

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- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR

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- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

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- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR 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 NKL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, SUBJECT TO ACTING WITH REASONABLE DILIGENCE FURTHER TO A NOTIFICATION, NKL HALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR 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 NKL ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, SUBJECT TO ACTING WITH REASONABLE DILIGENCE FURTHER TO A NOTIFICATION, NKL ASSOCIATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. NONE OF THE TERMS HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE PARTIES FOR LOSSES WHICH COULD NOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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IN ALL CASES, NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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IN ALL CASES, NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

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### 9\. Notices to XNXX

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**9\. Notices to XNXX**

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General inquiries regarding the Website and services provided by NKL may be made by using this online form available at [https://info.xnxx.com/contact](https://info.xnxx.com/contact).

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NKL respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown). Failure to use NKL's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.

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General inquiries regarding the Website and services provided by NKL Associates may be made by using this online form available at [https://info.xnxx.com/contact](https://info.xnxx.com/contact).

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NKL Associates respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown). Failure to use NKL Associates's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.

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Contact for other content-related issues, such as reporting inappropriate content can be made here at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).

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It is important to use the right form or contact method, as failing to do so could slow down your request or even cause it to be left unnoticed or unprocessed.

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### 10\. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

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**10\. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION**

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You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of the Czech Republic, without regard to conflict of law provisions. If you are a consumer and usually reside in a Member State of the European Union, the laws of that member state will apply to the Terms of Service, to your use of the Website, as well as to any complaint relating to the Terms of Service and your use of the Website, or any claim arising from or related to it.

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If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which he resides.

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Similarly, to the extent you are a consumer and the applicable local laws of your country, state, or other place of residence prevent certain disputes from being resolved pursuant to the provisions of these Terms of Service, then you can file those disputes in your local courts and these disputes will be governed by the applicable local laws of your country, state, or other place of residence.

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You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with NKL for no less than thirty (30) calendar days. Those amicable consultations shall commence upon NKL's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of NKL: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.

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You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with NKL Associates for no less than thirty (30) calendar days. Those amicable consultations shall commence upon NKL Associates's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of NKL Associates: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.

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a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic ("**Arbitration Court**"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL. The resulting arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall take place in Prague, Czech Republic, and the language of arbitration shall be English.

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a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (" **Arbitration Court**"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL Associates. The resulting arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall take place in Prague, Czech Republic, and the language of arbitration shall be English.

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b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with NKL outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).

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b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with NKL Associates outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).

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The online dispute resolution platform at [http://ec.europa.eu/consumers/odr](http://ec.europa.eu/consumers/odr) can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union and a trader established in the European Union.

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The online dispute resolution platform at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr) can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union and a trader established in the European Union.

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The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which under the Czech law.

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The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which have an exclusive jurisdiction under Czech law.

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The parties hereto each acknowledges and agrees that it is his, her or its intent that arbitration and litigation between the parties will be of the parties' individual claims, and that no respective claims may be arbitrated or litigated on a class-wide basis. If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which you reside.

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### 11\. General

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**11\. General**

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These Terms of Service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and NKL. If any provision of these Terms of Service is deemed invalid by a court or arbitrator of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except as otherwise provided by applicable law. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NKL's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

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These Terms of Service, the Privacy Policy, Privacy Notice, Cookie Policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and NKL Associates. If any provision of these Terms of Service is deemed invalid by a court or arbitrator of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except as otherwise provided by applicable law. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NKL Associates's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

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We reserve the right to amend these terms at any time and for any reason, and to notify you within a reasonable time. We will notify you when major changes, such as those relating to the characteristics of the service provided are made to these Terms of Service. Nonetheless you are advised to periodically review the most up-to-date version of our Terms of Service, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and we ask you to read and accept them before accessing the Website.

+Below are the Terms of Service for xnxx.com, including an agreement governing any disputes (see section 10). Please read our anti-piracy statement here [https://info.xnxx.com/legal/piracy](https://info.xnxx.com/legal/piracy), our repeat copyright infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat), our protect children from abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control) as well as our privacy notice here at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice) and privacy policy here [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy).
+Below are the Terms of Service for xnxx.com, including an agreement governing any disputes (see section 10). Please read our anti-piracy statement here at [https://info.xnxx.com/legal/piracy](https://info.xnxx.com/legal/piracy), our repeat copyright infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat), our protect children from abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control) as well as our privacy notice here at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice) and privacy policy here [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy).
+### 1\. Preamble
+**Terms of Service**
+These are official terms and conditions and form a legally binding agreement between you and NKL Associates s.r.o., located at Krakovska 1366/25, 110 00 Prague, Czech Republic, ID: 023 30 482 ("we", "us," "our," or any other first-person plural pronouns; or "**NKL**"), the owner of the website located at [http://www.xnxx.com](http://www.xnxx.com/), regarding your use of the internet website located at [https://www.xnxx.com](https://www.xnxx.com/) (the "**Website**"). NKL provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. By accessing and using the Website, you acknowledge that you have read these Terms of Service and have accepted these conditions.
+**1\. Preamble**
+These are official terms and conditions and form a legally binding agreement between you and NKL Associates s.r.o., located at Krakovska 1366/25, 110 00 Prague, Czech Republic, ID: 023 30 482 ("**we**", "**us**," "**our**," or any other first-person plural pronouns; or "**NKL Associates**" ), the owner and operator of the website located at [https://www.xnxx.com](https://www.xnxx.com/), regarding your use of the internet website located at [https://www.xnxx.com](https://www.xnxx.com/) (the "**Website**" ). NKL Associates provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you agree to these terms. By accessing and using the Website, you acknowledge that you have read these Terms of Service and have accepted these conditions.
 Please read them very carefully and abide by each and every of them.
 When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our protect children from abuse policy, repeat copyright infringer policy and our privacy notice if you do not have an account, available at [https://info.xnxx.com/legal/privacynotice](https://info.xnxx.com/legal/privacynotice), or privacy policy if you open an account, available at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy). To the extent possible, such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service. Your agreement to the terms of our privacy policy (located at [https://info.xnxx.com/legal/privacy](https://info.xnxx.com/legal/privacy)) is required before you may create an account or access certain services and functionalities as described therein.
+Through the Website and under the conditions stipulated in these Terms of Service, NKL allows the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.
+Through the Website and under the conditions stipulated in these Terms of Service, NKL Associates allows the users of the Website to watch or submit video or other material and hosting, sharing and/or publishing of such submission. The submissions are shared and provided to other users under the conditions stipulated in these Terms of Service.
+### 2\. Access
+**2\. Access**
 By accessing the Website, you certify that:
 - you are at least 18 years of age or otherwise the age of majority under the laws of your state, province or country; and
 - 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 of Service you are warranting to us that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing; and
 - you will use the Website solely for personal and non-commercial purposes; and
 - you will not download, copy or distribute any part of the Website for any commercial purpose; and
 - you will not alter, delete, add, change or edit any of these Terms of Service, and any such attempted alteration shall be void and of no effect.
+### 3\. Child sexual abuse or non-consensual sexual acts
+**3\. Child sexual abuse or non-consensual sexual acts**
+The word "teen" and similar terms are used to describe young adults of age 18 to 20 years. XNXX is committed to protecting children from any form of abuse and to preventing our platforms from being accessed by any underage individual. Any content we suspect might feature persons under the age of 18 will be removed and reported to law enforcement in accordance with the applicable laws. Similarly, we are committed to protect victims of non-consensual sexual acts. If you believe that any content appearing on the Website depicts any person under the age of 18 or victims of non-consensual sexual acts, please fill out our **ABUSE REPORTING FORM** available at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). Read about our anti-child sexual abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control).
+The word "teen" and similar terms are used to describe young adults of age 18 to 20 years. NKL Associates is committed to protecting children from any form of abuse and to preventing our platforms from being accessed by any underage individual. Any content we suspect might feature persons under the age of 18 will be removed and reported to law enforcement in accordance with the applicable laws. Similarly we are committed to protect victims of non-consensual sexual acts. If you believe that any content appearing on the Website depicts any person under the age of 18 or victims of non-consensual sexual acts, please fill out our **ABUSE REPORTING FORM** available at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). Read about our anti-child sexual abuse policy here at [https://info.xnxx.com/legal/control](https://info.xnxx.com/legal/control).
+XNXX is rated with RTA label. **Parents**, you can easily block access to this site. Please read [https://www.rtalabel.org/index.php?content=parents/](https://www.rtalabel.org/index.php) for more information.
+XNXX is rated with RTA label. **Parents** , you can easily block access to this site. Please read [https://www.rtalabel.org/index.php?content=parents/](https://www.rtalabel.org/index.php) for more information.
+### 4\. Creation of an Account
+**4\. Creation of an Account**
+To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the "**Registration Data**"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes, including, but not limited to, changes in your address and changes in your credit card, if any, used in connection with the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.
+To access some of the resources offered through the Website, you may be asked to create a user login account. In connection with creating a user login account for the Website, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the " **Registration Data**"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you are a registered user. You must promptly inform us of all changes, including, but not limited to, changes in your address and changes in your credit card, if any, used in connection with the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Website.
 As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portions of the Website. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Website to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Website under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Website is illegal and a breach of these Terms of Service. You may obtain access to your billing records regarding charges of your use of the Website upon request as may be required by law. You may be first required to provide information sufficient to confirm the applicable account belongs to you.
+### 5\. Intellectual Property Rights
+**5\. Intellectual Property Rights**
+Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website's 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, '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 color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("**Content**") and the trademarks, service marks and logos, whether or not registered, contained therein ("**Marks**"), are owned by or licensed by NKL 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 the relevant governing laws and 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 the respective owners.
+Except for user Submissions as defined below, the Website, including without limitation, all content, media and materials, all Website's 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, '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 color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively (" **Content**") and the trademarks, service marks and logos, whether or not registered, contained therein (" **Marks**"), are owned by or licensed by NKL Associates 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 the relevant governing laws and 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 the respective owners.
+### 6\. User Submissions
+**6\. User Submissions**
+A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions for display in the free areas of the Website ("Submissions"). You shall be solely responsible for your Submissions (including those made through your account) and the consequences of posting or publishing them.
+A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions for display in the free areas of the Website (" **Submissions**"). You shall be solely responsible for your Submissions (including those made through your account) and the consequences of posting or publishing them.
 In connection with your Submissions, you affirm/warrant that:
 - you have the written consent, release, and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these Terms of Service; and
 - your Submission is compliant with all laws, including, but not limited to, 18 U.S.C. § 2257 and 28 C.F.R 751; and
 - you retain all of your ownership rights in your Submissions, although by submitting the material to us, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, promote, exhibit, prepare derivative works of, publicly display, and publicly perform the Submission. This license ends when your Submission is deleted from our systems; and
 - the posting of your Submissions on or through the Website does not, directly or indirectly, violate any laws prohibiting or otherwise depict child sexual abuse material or non-consensual sexual activity of any kind and does not, directly or indirectly, violate the legal rights of any person or entity, including without limitation any privacy or publicity rights, copyrights, trademark rights, trade secret rights or contractual rights; and
 B. Content on the Website is provided to you AS IS for your information and personal and non-commercial use only. You further agree that you will not:
 - submit material that depicts any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction), whether real or simulated; and
 - submit material without written documentation confirming that all subjects depicted are, in fact, over 18 years of age (or the age of majority under the laws of your state or jurisdiction); and
 - submit material depicting child sexual abuse, non-consensual sexual acts, rape, bestiality, death, or use of controlled substances, whether implied, staged, simulated, artificial or cartoon/drawn/art; and
+- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NKL all of the license rights granted herein; and
+- allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent; and
+- publish falsehoods or misrepresentations that could damage NKL or any third party; and
+- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; and
+- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NKL Associates all of the license rights granted herein; and
+- allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website) or otherwise exploit, any content, including member Submissions, without our express prior written consent; and
+- publish falsehoods or misrepresentations that could damage NKL Associates or any third party; and
+- submit material that is unlawful, threatening, harassing or hateful, constitutes "revenge porn," or encourages, depicts or constitutes conduct that is a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; and
 - submit material depicting violence or abuse (actual harm to another living thing, including animals); and
 - submit material that depicts or promotes incest; and
 - submit material that depicts or promotes coprophilia, also known as "fecophilia" or "scat"; and
 - use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the Website, unless you are expressly authorized in writing to do so by us; and
 - use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser;
 - collect or harvest any personally identifiable information, including account names, from the Website; and
 - solicit, for commercial purposes, any users of the Website with respect to their Submissions; and
 - post advertisements or solicitations of business; and
 - impersonate another person.
+C. We do not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a user's Contribution. Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you ("**Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data. NKL does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).
+C. Any content intended to praise, promote, or aid terrorist or any other violent criminal organizations is strictly forbidden on the Website. For more information please read our anti-terrorist content policy available at \[•\].
+D. We do not endorse any User Submission and expressly disclaim any and all liability in connection with user Submissions, except in the cases strictly defined by the provisions of applicable law in the event of prior notification of inappropriate content of a User's Submission.
+Additionally, we do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any user Submission uploaded by you (" **Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data. NKL Associates does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will expeditiously remove infringing content in response to a valid takedown request. Repeat copyright infringers will have their user accounts and other access to the Website terminated. Read about our repeat infringers policy here at [https://info.xnxx.com/legal/repeat](https://info.xnxx.com/legal/repeat).
 If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your copyright, submit a copyright infringement takedown request available at the following link [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown) with the form containing the following information:
 - an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; and
 - a description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); and
+- information reasonably sufficient to permit NKL to contact you, such as a physical address, telephone number and email address; and
+- information reasonably sufficient to permit NKL Associates to contact you, such as a physical address, telephone number and an email address; and
 - a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and
 - a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner's behalf.
+You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing. Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification claimant and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area ("**EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
+You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing. Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification addressee and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area (" **EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
 You consent to your personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).
+#### Copyright Counter-Notification Process
+**Copyright Counter-Notification Process**
+When an uploader's video submission has been removed, the Website will notify the uploader of this removal.
+Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL's email address from which the user originally received the forwarded takedown request.
+When an uploader's Submission has been removed, the Website provider will notify the uploader of this removal.
+Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website provider, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL Associates's email address from which the user originally received the forwarded takedown request.
+For the Website to consider a counter-notification, it must include the following:
+For the Website provider to consider a counter-notification, it must include the following:
 - A physical or electronic signature of the uploader; and
 - Identification of the material that has been removed by providing one or more URLs where the material was previously available; and
 - A statement under penalty of perjury that the uploader 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; and
 - The uploader's name, address, and telephone number; and
 - A statement that the uploader consents to the jurisdiction of the federal District Court for the judicial district in which the user is located, or if the uploader's address is outside of the United States, for any judicial district in which the Website may be found; and
 - A statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.
 Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.
+Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area ("**EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter-notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
+Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addresses of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area (" **EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
+You consent to you personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).
+You consent to your personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).
 That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.
+For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you ("**Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data.
+For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, terrorist content or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you and disclaim any and all liability in connection with the Third Party Personal Data.
+D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.
+E. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL Associates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL Associates with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL Associates and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.
+### 7\. Warranty Disclaimer
+**7\. Warranty Disclaimer**
 YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
 BY LAW, CONSUMERS MAY HAVE CERTAIN RIGHTS WHICH CANNOT BE EXCLUDED OR MODIFIED BY A CONTRACT. NOTHING IN THIS AGREEMENT AFFECTS THESE RIGHTS AVAILABLE TO YOU AS A CONSUMER.
+TO THE FULLEST EXTENT PERMITTED BY LAW, NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NKL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
+TO THE FULLEST EXTENT PERMITTED BY LAW, NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NKL ASSOCIATES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
 - ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
 - PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
 - UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
 - INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
 - ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
 - 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.
 - SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
+NKL PROVIDES ITS SERVICES "AS IS" AND 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 NKL 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.
+NKL ASSOCIATES PROVIDES ITS SERVICES "AS IS" AND 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 NKL ASSOCIATES 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.
+### 8\. Limitation of Liability
+**8\. Limitation of Liability**
+TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
+TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
+PURSUANT TO ITS HOST STATUS, NKL IS UNDER NO GENERAL OBLIGATION TO MONITOR THE CONTENT POSTED ON THE WEB SITE AND IS UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE 'CONTENT TO BE ILLEGAL, BUT IT WILL REMOVE OR FORBID ACCESS TO THE WEBSITE OF ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS NKL HAS BEEN NOTIFIED OF ITS EXISTENCE.
+PURSUANT TO ITS HOST STATUS, NKL ASSOCIATES IS UNDER NO GENERAL OBLIGATION TO MONITOR THE CONTENT POSTED ON THE WEB SITE AND IS UNDER NO OBLIGATION TO ACTIVELY SEARCH FOR FACT OR CIRCUMSTANCES CAUSING THE 'CONTENT TO BE ILLEGAL, BUT IT WILL REMOVE OR FORBID ACCESS TO THE WEBSITE OF ANY MANIFESTLY ILLEGAL CONTENT AS SOON AS NKL ASSOCIATES HAS BEEN NOTIFIED OF ITS EXISTENCE.
+TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ACTING WITH REASONABLE DILIGENCE, NKL SHALL NOT BE LIABLE FOR:
+TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ACTING WITH REASONABLE DILIGENCE, NKL ASSOCIATES SHALL NOT BE LIABLE FOR:
+- DAMAGES WHICH DO NOT RESULT FROM A BREACH OF THESE TERMS OF USE BY NKL; AND
+- LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND US COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF BREACH BY NKL OF THE TERMS OF USE; AND
+- DAMAGES WHICH DO NOT RESULT FROM A BREACH OF THESE TERMS OF USE BY NKL ASSOCIATES; AND
+- LOSS OR DAMAGE WHICH, AT THE TIME THAT THIS AGREEMENT BETWEEN YOU AND US COMES INTO FORCE, DOES NOT CONSTITUTE REASONABLY FORESEEABLE CONSEQUENCES OF BREACH BY NKL ASSOCIATES OF THE TERMS OF USE; AND
     ANY CONTENT SUBMITTED BY A USER, OR ANY OTHER CONDUCT OF A USER OR THIRD PARTY OF DEFAMATORY, INJURIOUS OR ILLEGAL NATURE, SUBJECT TO THE PROVISIONS OF APPLICABLE LAW RELATING TO THE WITHDRAWAL OF CONTENT.
+IN NO EVENT SHALL NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:
+IN NO EVENT SHALL NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:
 - ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR
 - PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, AND/OR
 - UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR
 - INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, AND/OR
 - BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
+- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR 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 NKL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, SUBJECT TO ACTING WITH REASONABLE DILIGENCE FURTHER TO A NOTIFICATION, NKL HALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
+- ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR 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 NKL ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT, SUBJECT TO ACTING WITH REASONABLE DILIGENCE FURTHER TO A NOTIFICATION, NKL ASSOCIATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
 THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE GREATEST EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION. NONE OF THE TERMS HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE PARTIES FOR LOSSES WHICH COULD NOT LEGALLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
+IN ALL CASES, NKL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
+IN ALL CASES, NKL ASSOCIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
+### 9\. Notices to XNXX
+**9\. Notices to XNXX**
+General inquiries regarding the Website and services provided by NKL may be made by using this online form available at [https://info.xnxx.com/contact](https://info.xnxx.com/contact).
+NKL respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown). Failure to use NKL's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.
+General inquiries regarding the Website and services provided by NKL Associates may be made by using this online form available at [https://info.xnxx.com/contact](https://info.xnxx.com/contact).
+NKL Associates respects the intellectual property rights of third parties. If you wish to send a copyright infringement request, please use our procedures and submit a copyright infringement takedown request with this form available at [https://info.xnxx.com/takedown](https://info.xnxx.com/takedown). Failure to use NKL Associates's online form for alleged copyright violations may delay or prevent our review and/or removal of any such materials.
 Contact for other content-related issues, such as reporting inappropriate content can be made here at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).
 It is important to use the right form or contact method, as failing to do so could slow down your request or even cause it to be left unnoticed or unprocessed.
+### 10\. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION
+**10\. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION**
 You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of the Czech Republic, without regard to conflict of law provisions. If you are a consumer and usually reside in a Member State of the European Union, the laws of that member state will apply to the Terms of Service, to your use of the Website, as well as to any complaint relating to the Terms of Service and your use of the Website, or any claim arising from or related to it.
 If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which he resides.
 Similarly, to the extent you are a consumer and the applicable local laws of your country, state, or other place of residence prevent certain disputes from being resolved pursuant to the provisions of these Terms of Service, then you can file those disputes in your local courts and these disputes will be governed by the applicable local laws of your country, state, or other place of residence.
+You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with NKL for no less than thirty (30) calendar days. Those amicable consultations shall commence upon NKL's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of NKL: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.
+You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with NKL Associates for no less than thirty (30) calendar days. Those amicable consultations shall commence upon NKL Associates's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to the registered address of NKL Associates: NKL Associates s.r.o., Krakovska 1366/25, 110 00 Prague, Czech Republic.
+a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic ("**Arbitration Court**"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL. The resulting arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall take place in Prague, Czech Republic, and the language of arbitration shall be English.
+a) If the dispute cannot be resolved by amicable consultations and you are not a consumer, it shall be submitted by either party to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (" **Arbitration Court**"), except for disputes in which the Czech state courts have exclusive jurisdiction under Czech law. Arbitral disputes shall be resolved by a panel of three arbitrators in accordance with the Arbitration Rules of the Arbitration Court in effect at the time the notice of dispute was received by NKL Associates. The resulting arbitral award shall be final and binding on the parties. The seat of the arbitration shall be Prague, Czech Republic. The proceedings shall take place in Prague, Czech Republic, and the language of arbitration shall be English.
+b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with NKL outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).
+b) if the dispute cannot be resolved by amicable consultation and you are a consumer, i.e. any person who enters into a contract with NKL Associates outside his business or outside his independent occupation or deal with him in a different way, you may submit the motion for the extrajudicial handling of such dispute to the designated authority for extrajudicial handling of the consumer disputes, which is Czech Trade Inspection Authority (www.coi.cz).
+The online dispute resolution platform at [http://ec.europa.eu/consumers/odr](http://ec.europa.eu/consumers/odr) can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union and a trader established in the European Union.
+The online dispute resolution platform at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr) can be used to resolve disputes arising from contracts on service provision concluded on-line between a consumer with residency in the European Union and a trader established in the European Union.
+The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which under the Czech law.
+The disputes in which at least one of the party to the dispute is a consumer, shall be submitted to the Czech general courts, which have an exclusive jurisdiction under Czech law.
 The parties hereto each acknowledges and agrees that it is his, her or its intent that arbitration and litigation between the parties will be of the parties' individual claims, and that no respective claims may be arbitrated or litigated on a class-wide basis. If you are a consumer and usually reside in a member state of the European Union, disputes may be brought at the consumer's choice before the competent courts of the member state of the European Union in which you reside.
+### 11\. General
+**11\. General**
+These Terms of Service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and NKL. If any provision of these Terms of Service is deemed invalid by a court or arbitrator of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except as otherwise provided by applicable law. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NKL's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
+These Terms of Service, the Privacy Policy, Privacy Notice, Cookie Policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and NKL Associates. If any provision of these Terms of Service is deemed invalid by a court or arbitrator of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect, except as otherwise provided by applicable law. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NKL Associates's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
 We reserve the right to amend these terms at any time and for any reason, and to notify you within a reasonable time. We will notify you when major changes, such as those relating to the characteristics of the service provided are made to these Terms of Service. Nonetheless you are advised to periodically review the most up-to-date version of our Terms of Service, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and we ask you to read and accept them before accessing the Website.

legal/tos

Full text changes — 20210514_rev01 to 20221029_rev01