Welcome to DailySmoke.com. These Terms of Service ("Terms") govern your access to and use of our website dailysmoke.com (“Website”) and services. By accessing or using DailySmoke.com, you agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use Website.
- Use of Website
To access some of the resources offered through Website, you agree:
- You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use Website. By accessing Website, you affirm that you are of legal age to view adult content in your jurisdiction.
- You are responsible for maintaining the security of your account and password. You agree not to share your account credentials with anyone else or allow anyone else to access your account.
- You agree to comply with all applicable laws and regulations when using Website.
- We reserve the right to suspend or terminate your user account(s) and to refuse any and all current or future use of Website.
- You are liable and responsible for any unauthorized use of Website under your user account. If your account has been accessed without authorization you must submit documentation to substantiate it. Unauthorized access to Website is illegal and a breach of these Terms.
- Submission of Content and User Responsibilities
You agree that when submitting videos or other material ("Submissions") to our website, including through your account, you are solely responsible for the content of your Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm and warrant the following:
- You possess the written consent, release, and/or permission from each identifiable person depicted in the Submissions to use their name and/or likeness as contemplated by these Terms of Service.
- No individuals depicted in the Submissions are under the age of 18.
- Your Submissions comply with all applicable laws, including but not limited to 18 U.S.C. § 2257 and 28 C.F.R Pt. 75.
- You are at least 18 years old and retain all ownership rights to your Submissions. By submitting material to us, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable, 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 terminates upon deletion of your Submission from our systems.
- Your Submissions do not directly or indirectly violate any laws, including those prohibiting or depicting child sexual abuse material or non-consensual sexual activity, and do not infringe upon the legal rights of any individual or entity, including privacy or publicity rights, copyrights, trademark rights, trade secret rights, or contractual rights.
- By posting Submissions, you consent to us sharing any content and related user information with law enforcement authorities for investigation related to Child Sexual Abuse Material (CSAM) or any other non-consensual activity.
- To the extent permitted by applicable law, you will defend, indemnify, and hold harmless DailySmoke.com, including our affiliates, officers, agents, and employees, from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debt, and expenses (including attorneys' fees) arising from or related to your use of the Website, violation of these Terms of Service, violation of any third-party rights, claims that your Submission caused damage to a third party, or any claim of reprehensible or culpable conduct on your part.
- You acknowledge that you are solely responsible for any offensive, inappropriate, obscene, unlawful, unauthorized, or objectionable content or information you upload, and we shall have no liability for such content or information.
- You have paid or will pay any and all residuals, reuse fees, compensation, or payments due in relation to your Submissions.
Additionally:
- Content on the Website is provided to you "AS IS" for your information and personal, non-commercial use only.
- You agree not to submit material depicting any person under 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is above 18), whether real or simulated.
- You agree not to submit material without written documentation confirming that all subjects depicted are over 18 years of age (or the age of majority under the laws of your state or jurisdiction where the age of majority is above 18).
- You agree not to 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.
- You agree not to submit material that is copyrighted, protected by trade secret, or subject to third-party proprietary rights, including privacy and publicity rights, unless you are the rightful owner of such rights or have permission from the rightful owner to post the material and grant us all the license rights granted herein.
- You agree not to allow any third party to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast, or circulate any content, including member Submissions, without our express prior written consent.
- You agree not to post any form of advertisement, commercial communication, or solicitations of business.
- You agree not to publish falsehoods or misrepresentations that could damage DailySmoke.com or any third party.
- You agree not to submit material that is unlawful, threatening, harassing, hateful, constitutes "revenge porn," incites violence or hatred, or is otherwise inappropriate.
- You agree not to submit material depicting violence or actual harm to another living thing, including animals, or material that depicts or promotes incest, coprophilia, or scat.
- You agree not to use any computerized or automatic mechanism, including web scrapers, offline readers, spiders, or robots, to access, extract, or download any content from the Website unless expressly authorized in writing by us.
- You agree not to use 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 online web browser.
- You agree not to collect or harvest any personally identifiable information, including account names, from Website.
- You agree not to solicit, for commercial purposes, any users of Website with respect to their Submissions.
- You agree not to impersonate another person.
DailySmoke.com does not endorse any user Submission and expressly disclaim any and all liability in connection with user Submissions, except in cases defined strictly by applicable law in the event of prior notification of inappropriate content. We also do not accept any liability as 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").
You understand that when using Website, you may be exposed to user Submissions from various sources, and DailySmoke.com 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 DailySmoke.com with respect thereto, except in cases strictly defined by applicable law. You also understand and acknowledge that your user information, as well as your Submissions, may be shared with law enforcement as part of our efforts to combat CSAM. You agree to indemnify and hold DailySmoke.com and its owners, affiliates, officers, agents, employees, and licensors harmless to the fullest extent allowed by law regarding all matters related to your unauthorized use of Website.
- Use of Website
All content and materials available on Website, excluding user-generated content, including but not limited to text, graphics, logos, images, and software, are the property of DailySmoke.com or its licensors and are protected by copyright, trademark, and other intellectual property laws. User-generated content belongs to the respective uploaders or the third parties from whom they obtained authorization or permission and is not owned by DailySmoke.com. You are prohibited from using or otherwise exploiting content protected by intellectual property rights without prior written consent from the respective owners.
If you believe that any content on Website infringes upon your copyright or intellectual property rights, please read our Digital Millennium Copyright Act Policy and Submit a Takedown Request with detailed information about your claim, including the specific content in question and the basis for your claim. We will promptly investigate and take appropriate action in accordance with applicable laws and regulations.
- Disclaimer of Warranties
Website and its services are provided on an "as is" and "as available" basis. We do not make any warranties or representations regarding the accuracy, completeness, reliability, or availability of Website or its services.
- Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your access to or use of Website or its services.
- Indemnification
You agree to indemnify and hold harmless DailySmoke.com, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses arising out of your use of Website or its services or your violation of these Terms.
- Changes to these Terms
We reserve the right to update or change these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on Website. Your continued use of Website after any such changes constitutes your acceptance of the revised Terms.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United State without regard to its conflict of law principles.
- Termination of Services
If you wish to terminate the use of the service, you may delete your user account and stop using Website at any time without any penalization.
- Arbitration
You agree to the following:
- Agreement to Arbitrate
Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
- Class Action Waiver
You agree that any arbitration proceedings shall be conducted solely on an individual basis and not as a class, collective, or representative action. You waive the right to participate in any class action lawsuits, class-wide arbitration proceedings, or any other type of representative action against DailySmoke.com.
- Venue and Forum
The arbitration shall be conducted in Miami-Dade County, Florida, USA, unless otherwise agreed by the parties. The parties agree that any arbitration award may be enforced in any court of competent jurisdiction.
This arbitration clause shall survive the termination of these Terms.
- Contact Us
If you have any questions or concerns about these Terms, please contact us.