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Terms of Service

Last Updated December 21, 2020.


ACCEPTANCE OF TERMS

By visiting or using this web site (hereinafter "the Site"), either as a guest or registered user, or by using any functionality or service of the site, you agree to all of the following terms and conditions. "Content" is defined to include the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on, or transmit to other users or other person or access through the Site. If you do not agree to any of these terms, please do not access or use any features of the Site.


ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Site from, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, please do not use the Site. You also represent that the jurisdiction from which you access the Site does not prohibit the receiving or viewing of sexually explicit content.


CHANGES TO TERMS OF SERVICE

We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. The updated version of the Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms of Service found at https://www.foxybombs.com/static/tos.


ABOUT THE SITE

The Site allows for uploading, sharing and general viewing of various types of adult-oriented content by registered users and models who desire to share and view visual depictions of adult-oriented content, including sexually explicit images. In addition, the Site contains text, files, data, information, images, photos, videos, recordings, and other materials or content posted or uploaded by users and models.

The Site may contain links to third party sites that are not owned or controlled by the Site or its operator. The Site has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, the Site will not and cannot censor or edit the content of any third-party site. By using any part of the Site, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave the Site and to read the terms, conditions, and privacy policies of each other site that you visit.

The Site is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the administrators of the Site.  The Site is for adult-oriented content, and other categories of content may be rejected or deleted in our sole discretion. We may, in our sole discretion and at any time, remove any content on the Site with or without notice.

You understand and acknowledge that when using any of the Site, you will be exposed to content from a variety of sources, and that the Site is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any of the Site with respect thereto, and agree to indemnify and hold the Site, its operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of any of the Site.


COMMUNICATION PREFERENCES

By using the Site, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Site (for example, through the members’ area on the Site upon login to ensure receipt in the event you have unsubscribed from email communications), or in the "My Account" or "My Profile" page and may include notices about your account (such as any payment notifications, changes in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also expressly and specifically consent to receive certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication.


UPLOADING CONTENT

As the Site's account holder, you may submit content to the Site including videos and user comments. You understand that the Site does not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your content on the Site. You understand and acknowledge that you are responsible for any content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We do not control content you submit or contribute, and we do not make any guarantee whatsoever related to content submitted or contributed by users. Although we sometimes review content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to content submitted by users.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit; and you license to the Site all patent, trademark, trade secret, copyright, or other proprietary rights in and to such content for publication on the Site pursuant to these Terms of Service. You further agree that any content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Site all of the license rights granted herein.

You agree and understand that the Site (and its successors and affiliates) may make use of your content for promotional or commercial purposes and to render the services pursuant to these Terms of Services. For clarity, you retain all of your ownership rights in your content. By submitting content to the Site, you hereby grant the Site's operators an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, broadcast, market, create derivative works of, adapt, translate, publicly display, communicate, or perform, make available or otherwise use all of the content, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the content. In no circumstances will we be liable to you for any exploitation of any content that you post. You also hereby grant each user of the Site a non-exclusive, royalty free license to access your content through the Site, and to use, reproduce, display, communicate, and perform such content as permitted through the functionality of the Site and under these Terms of Service. The above licenses granted by you in video content you submit to the Site terminate within a commercially reasonable time after you remove or delete your content from the Site. You understand and agree, however, that the Site may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

The Site does not endorse any content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Site expressly disclaims any and all liability in connection with content. The Site does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and the Site will remove all content if properly notified that such content infringes on another’s intellectual property rights. The Site reserves the right to remove content without prior notice.

If any of the content that you post to or through the Site contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such content, and we shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such content in our sole discretion without any obligation to you whatsoever ( i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).

In the process of posting content to the Site, you may be asked to provide some personally identifying information, such as your name, address, email address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Site. We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including content. We will not provide your name or other personally identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Site, including the name used in registering for and using the Websites or other personally identifying information, may be displayed to other members of the Site, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances, including but not limited to responses to subpoenas or requests by law enforcement.


PROHIBITED USES

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of any of the Site, or use and/or monitor any information in or related to the Site for any unauthorized purpose. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Site. Specifically, you agree not to use the Site to:

• violate any law or encourage or provide instructions to another to do so;

• act in a manner that negatively affects other users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;

• post any content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;

• post any content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);

• post any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);

• post any content that contains falsehoods or misrepresentations that could damage the Site or any third party;

• post any content that is obscene , illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

• post any content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

• post any content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;

• post any content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;

• post any content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;

• use the Site in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;

• use the Site to arrange any in-person meetings for purposes of sexual activity for hire;

• deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;

• deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;

• exceed your authorized access to any portion of the Site;

• remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology or download restrictions, encryption or security tools used anywhere on the Site or in connection with our services;

• collect or store personal data about anyone;

• alter or modify without permission any part of the Site or its content, including ads;

• obtain or attempt to access, download, or otherwise obtain any content or information through any means not intentionally made available or provided for through the Site;

• exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.

• use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site without our prior written consent;

• use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;

• use any information obtained from or through the SIte to block or interfere with the display of any advertising on the Site, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Site;

• use any device, bots, scripts, software, or routine that interferes with the proper working of the Site or that shortcut or alter Site functions to run or appear in ways that are not intended by the Site's design;

• introduce or upload any viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Site or our services;

• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

• remove any copyright or other proprietary notices from our Site or any of the materials contained therein;

• attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

• otherwise attempt to interfere with the proper working of the Site.


REMEDIES AND RECOURSE FOR VIOLATION

We have the right but not the obligation to:

• remove or refuse to post any content you submit or contribute to the Site for any reason or no reason in our sole discretion;

• monitor any communication occurring on or through the Site to confirm compliance with these Terms of Service, the security of the Site, or any legal obligation;

• take any action with respect to any content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us;

• disclose your personally identifying information or other information about you to any third party who claims that content posted by you violates their rights, including their intellectual property rights, or their right to privacy;

• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;

• terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Site. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATORS, THEIR PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

The Site take a strong stand against any form of child exploitation, coercion, fraud, or human trafficking. If we discover that any content involves underage individuals, or any form of force, fraud, or coercion, we will remove the content and submit a report to the proper law enforcement authorities. If you become aware of any such content, you agree to report it to the Site immediately.

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Site may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of content without notice or any liability to you or any third party in connection with our operation of the Site in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the content restrictions set forth herein.

However, we do not undertake to review content before it is posted on the Site and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.


ACCOUNT TERMINATION POLICY

While pornographic and adult-oriented Content is accepted, the Site reserves the right to decide whether any content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. The Site may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to the Site or stop providing all or part of the Site to you without notice.


ABUSE OR HARASSMENT REPORTING

The Site does not permit any form of revenge porn, blackmail, or intimidation. Violations of this policy can be reported through the following link: https://www.foxybombs.com/static/content-removal