Terms of Service
Created: June 6, 2020
Safewayz, LLC, a limited liability company (hereinafter with our employees, officers, directors, agents, their respective affiliated companies and individuals, licensors, subsidiaries and/or parent companies, service providers, sponsors, successors and assigns, hereinafter collectively referred to as “we”, “us” or “our”) operates the website www.hankeystube.com (hereinafter “Mr. Hankey’s Tube” or the “Website”) and is the controller of the information collected or provided via this Website.
- Acceptance of the Terms of Service
Any use of this Website means you are accepting all Terms of Service.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of Mr. Hankey’s Tube, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. These Terms of Service apply to the Website, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, social media accounts (including but not limited to Twitter, Instagram, etc.) and other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means. These terms apply to all users of the Website to all users. If you violate any of these Terms of Service, we may revoke your license to access this Website and cancel any registered account related to you.
If you access or use the Website, whether you click to accept or not, you agree to all terms in these Terms of Service. If you do not understand anything in these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service or using this Website.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
When using the Website, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service.
By using or registering on the Website, you certify to us that:
- You have reached the age of majority in your jurisdiction and that you have the legal capacity to agree to these terms;
- You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature. Pornographic Content may include nudity, adult language, and heterosexual, homosexual, bisexual and/or transsexual sexual activity, bondage, BDSM, use of sex toys and sexual aids, and other sexual activities (“Pornographic Content”);
- You are familiar with your jurisdiction’s laws affecting your right to access pornographic materials;
- According to your jurisdiction’s laws, You have the legal right to access pornographic materials and we have the legal right to transmit them to you;
- You are voluntarily requesting pornographic materials for your own private enjoyment; and
- You will not share these materials with a minor or otherwise make them available to anyone that is a minor.
Although we are not currently doing so, we may offer specialty content subject to additional terms and a separate fee. You have no obligation to purchase access to specialty content. If you choose to purchase access, you will have an opportunity to review and accept any additional terms specific to the specialty content prior to completing your purchase.
- Ability to Accept Terms of Service
This Website provides users with access to Pornographic Content. By accessing and/or using this Website, you affirm that you are at least 18 years of age or the age of majority in the jurisdiction in which you are accessing the Website, and are fully able and competent to enter into and abide by these Terms of Service. We forbid all persons who do not meet these age requirements from accessing this Website. If you are under 18 or the applicable age of majority in the United States or its territories, you are not permitted to access or use the Website. If you are under the age of majority in your country, you are not permitted to access or use the Website. You also represent that the jurisdiction from which you access the Website does not otherwise prohibit your receiving or viewing of sexually explicit content.
Minors are not allowed to use or access this Website. We are obligated to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. If any minor has access to your computer, please restrain their access to pornographic material by using any of the parenting control features available, including but not limited to Norton Family Premier; Net Nanny®; Kaspersky Safe Kids; Qustodio. These sites are subject to change and are merely suggested for informational purposes only and are in no way endorsed by or affiliated with this Website or us. We cannot guarantee their or another control feature’s efficacy.
- Changes to the Terms of Service
We may modify or revise these Terms of Service from time to time in our sole discretion and without any prior notice. You agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at Terms of Service section of the Website found at https://hankeystube.com/terms-of-service/, so you are aware of any changes, as they are binding on you.
If we change anything in these Terms of Service, the change will be reflected in the “last modified date” at the top of this page. You agree that you will periodically review the refreshed Terms of Service page. You agree to note the date of the last revision of these terms. If the “last modified” date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then changes have been applied, and your continued use of the Website constitutes your acceptance to the changes, even if you do not read them. If you do not accept the changed terms, you must immediately stop using the Website.
All changes are effective immediately when we post them on this Website and apply to all access to and use of the Website thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated Terms of Service, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.
- About Our Website
This Website provides users with access to Pornographic Content. The Website allows for rating, sharing and general viewing of various types of adult-oriented content by visitors and registered users who desire to view visual depictions of adult-oriented content, including sexually explicit images and videos. In addition, the Website contains text, files, data, information, images, photos, videos, recordings, materials, code and/or other materials posted or linked to by us.
The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Website.
You understand and acknowledge that when using the Website, you will be exposed to content from a variety of third-party sources, and that the Website 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, may be offensive to you, or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold the Website, its site operator(s), 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 the Website.
- Links to Third-Party Websites
As a convenience to you, we provide on this Website links to websites owned or operated by other entities that are completely independent from us. This includes links contained in advertisements, including banner advertisements and sponsored links. These linked websites may contain content that some people may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites.
It is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links, etc.). We have no control over, and assume no responsibility for, the contents, privacy policies, or practices of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsor, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us. Links also do not imply that any third-party website endorses, or is legally authorizing the use of, any service mark, trademark, trade name, logo, or copyright symbol used in this Website by us.
We are neither responsible for, nor will we be liable under any theory, based on (1) any linked website; (2) any information or content found on any linked website; (3) any websites linked to or from any linked website; or (4) any information from a linked website which is embedded on the Website. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website, including embedded or third-party feeds from cam websites or other websites. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own sole risk. We may discontinue linking to any linked website at any time without notice. Please contact the webmasters of any linked websites regarding any information, goods, or services appearing on them.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Website, are solely between you and such third parties. You agree that we and the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Website.
- Ownership of Content; Limited License
“Hankey’s Tube” “Mr. Hankey’s Tube” “Hankey’s Toys” and “Mr. Hankey’s Toys” and our associated logos and names are our trademarks and/or service marks regardless of whether registered or not. Other trademarks, service marks, names and logos used on or through the Website, such as trademarks, service marks, names or logos associated with third-party content providers, are the trademarks, service marks or logos of their respective owners. We own or have the license to use all information authored by us, including all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The Website and certain materials available on or through the Website are content we own, authored, created, purchased, or licensed. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Website and its content, and we reserve and retain all rights in our content and the Website.
We hereby grant you a limited, conditional, non-exclusive, non-transferable, royalty-free, revocable, and non-sublicensable license to access our Website and its content solely for your personal, non-commercial, use in connection with accessing and using the Website. You agree that you will comply with all applicable laws when accessing the Website. We may change, limit, or revoke the license granted if you fail to comply with these Terms of Service.
By “accessing,” we mean visiting the Website, using its services, and viewing or downloading its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
You may only access the Website for your personal, noncommercial use unless you obtain our advance written consent. You will not access the content through any technology or means other than the video playback webpages on the Website or the third-party websites itself, the embedded video player, or other explicitly authorized means we may designate. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental except through the embedded video player. You will not make any content available on any peer-to-peer network, file sharing service, or other system which sends information to others. You may not otherwise reproduce, communicate to the public, make available, adapt, link to, or publicly display the Website and/or its content or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
Prohibited commercial use of the content does not include showing content through the Website’s embedded video player on an ad-enabled blog or website, subject to the requirement that you obtain our advance written consent before using the content for any of the following commercial uses:
- The sale of access to the content;
- The sale of advertising, sponsorships, or promotions placed on or within the content; or
- The sale of advertising, sponsorships, or promotions on any webpage of an ad-enabled blog or website containing content delivered through the Website, unless other material not obtained from the Website appears on the same page and is of enough value to be the basis for the sales.
If the Website allows you to download or otherwise copy its content, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions. This does not transfer to you ownership of or title to a copy of any content that you download or print, and we only authorize you to use your copy according to these Terms of Service. If you download or print a copy of the content for your personal use, you must retain and abide by all copyright and other proprietary notices applicable to and embedded in the content. Unless expressly stated, we do not claim any ownership in any third-party links or websites. If you download or otherwise copy content from a third-party website, you must abide by their terms and conditions and are solely responsible for any legal repercussions.
- Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- making all arrangements necessary for you to have access to the Website;
- ensuring that all persons who access the Website through your internet connection or device are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: [email protected] You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You acknowledge that the Website reserves the right to charge fees for its services and website access and to change its fees in its complete and sole discretion.
- Child Pornography Prohibited
We have a zero-tolerance policy for pornographic content involving minors and a zero-tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected], include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
- Child Pornography Prohibited
- Other Prohibited Uses
You agree that you will only use the Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Website and our services for any other purposes, including commercial purposes, without our express written consent.
You agree that you will view the Website and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Website or eliminating any of the content of the Website, including ads. By using the Website, you expressly agree to accept advertising served on and through the Website and to refrain from using ad blocking software.
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 the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose. Specifically, you agree not to use the Website to:
- violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
- act in a manner that negatively affects other users’ ability to use the Website, 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;
- 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 Website;
- remove, delete, alter, circumvent, avoid or bypass any digital rights management technology, encryption or security tools used anywhere on the Website or in connection with our services;
- collect or store personal data about anyone;
- alter or modify without permission any part of the Website or its content, including ads;
- attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Website;
- exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available; or
- defame, disturb, stalk, excessively contact or harass (either sexually or in any other manner) anyone.
Additionally, you agree not to:
- use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
- use any manual process to monitor or copy any of the material on the Website for any other unauthorized purpose without our prior written consent;
- use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, 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 Website;
- use any device, bots, scripts, software or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by Website 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 Website or our services;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- remove any copyright or other proprietary notices from our Website or any of the materials contained therein;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper functioning of the Website or us.
- Monitoring and Enforcement; Termination
We have the right to:
- remove any content 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 Website or the public, or could create liability for us;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
- terminate or suspend your access to all or part of the Website 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 using or accessing the Website. YOU WAIVE AND HOLD US AND OUR WEBSITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATION(S) AND/OR FROM ANY ACTION(S) TAKEN AS A CONSEQUENCE OF INVESTIGATION(S) BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Website may, but will not have any obligation to, review, monitor, display, reject, 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 or third parties, 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 Website 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 may not review third-party content or user commentary before it is posted on the Website 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, comments, reviews, or content provided by any user or third-party or otherwise posted or linked to by us. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Notwithstanding, we treat all abuse reports concerning the Website extremely seriously. It is within our sole discretion whether to enforce these Terms in response to any particular complaint. If we do not act, it is not considered a waiver of any right to do so in the future. If you believe a third party user has violated any part of these Terms (other than by Copyright Infringement, which is dealt with in Section 13 of these Terms), please submit the following to [email protected]:
(1) Your full legal name;
(2) Your mailing address and telephone number;
(3) Your email address; and
(4) The name and date of the post.
If you have a URL for the page on which you believe the violation occurred, please include it. We may remove content at our discretion if you provide a detailed description and evidence that the user and/or content violates these Terms. We will review all complaints, but please note, we are not obligated to remove content that violates the Terms, nor do these rules create any third party rights or any private right of action.
- Account Termination Policy
While Pornographic Content is accepted, the Website reserves the right to decide whether 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 Website may at any time, without prior notice and in its sole discretion, remove such inappropriate content.
If you violate the letter or spirit of these Terms of Service, or otherwise create any risk or possible legal exposure for us, we can, and reserve the right to, terminate your access to the Website or stop providing all or part of the Website to you.
- Copyrights and Other Intellectual Property
The Website respects the intellectual property of others, and requires that you do the same. You may not upload, embed, email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
The Website operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third-party. Details of that policy can be found at DMCA (https://hankeystube.com/dmca/). If you believe that any content violates your copyright, please see our DMCA Policy in Section 13 for instructions on sending us a notice of copyright infringement.
The Website is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the third-party provider in question. If the trademark owner is unable to reach a resolution with the third-party provider, it may send us a notice at [email protected] The Website is willing to perform a limited investigation of reasonable complaints and will remove links to content in clear cases of infringement.
- DMCA POLICY
We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of you or another user’s right to use the Website if you or another user violates such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if you believe that your work has been posted, modified, distributed, reproduced or otherwise copied on or through the Website in a way that constitutes copyright infringement, for us to remove or disable the material, please send a Notice to our Copyright Agent, which includes the following information:
- Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of a copyrighted work, which is alleged to be infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notice, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work, which is alleged to be infringed.
The Notice should be sent either by email to our designated agent listed herein below at [email protected] with “Attn: Notice to Safewayz, LLC Designated Copyright Agent” in the subject line, or by mail to our designated agent:
Maxine Lynn Barasch
Attn: Safewayz, LLC Designated Copyright Agent
Keohane & D’Alessandro, PLLC
1881 Western Avenue
Albany, NY 12203
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g), if you believe that any material you have posted to the Website has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright rights of another, please send a written Counter-Notice to our Copyright Agent, which includes the following information:
- Your name, address, telephone number, and physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that You have 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.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that You will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person.
The Counter-Notice should be sent either by email to: [email protected] with “Attn: Counter-Notice to Safewayz, LLC Designated Copyright Agent” in the subject line, or by mail to our designated agent:
Maxine Lynn Barasch
Attn: Safewayz, LLC Designated Copyright Agent
Keohane & D’Alessandro, PLLC
1881 Western Avenue
Albany, NY 12203
Please note that the above-described procedures are regulated by statute. Sending a Notice or Counter-Notice to us, when such allegation is in bad faith or otherwise false, can cause you to be liable for damages, attorney fees, costs, and can be perjury. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Speaking to an attorney before you send a Notice or Counter-Notice may help you understand your rights. The Copyright Agent will not remove content from the Website in response to phone or Notices not in compliance with the above-stated requirements regarding allegedly infringing content. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring through the Services or in connection with the Website. All other inquiries directed to the Copyright Agent will not be responded to. Such other inquiries should be made to [email protected]
Upon receipt of repeated DMCA Notices for a user in a calendar month, we reserve the right to suspend or terminate the user from further use of the Website.
- Reliance on Information Posted
The information presented on or through the Website is made available solely for general entertainment purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third-parties, bloggers and third-party licensors, syndicators, aggregators, websites, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Authorization and Permission to Send Emails to You
If you have provided us with your email address, you authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, Pornographic Content, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list.
- Warranty Disclaimers
We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties-express, statutory, or implied-including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, suitability, security, privacy, title, exclusivity, quiet enjoyment, noninfringement, and warranties that your access to the Website will be uninterrupted, virus-free, error-free, or that content loss will not occur. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other 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.
The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the truth or reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting our website support department at [email protected]nkeystoys.com.
- Assumption of Risk: Release and Disclaimer of Liability
You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on, or accessible through, the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website. You further acknowledge that we will not be liable to you for submissions or the defamatory, libelous, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you.
You release us from all claims, demands, and damages arising out of your use of the Website, including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
We disclaim all liability to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage of any nature resulting from your access to and use of the Website;
- Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
- Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
- Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- Interruption or cessation of transmission to or from the Website;
- Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
- Incompatibility between the Website and your other services, hardware, or software; or
- Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
- Limitation of Damages
Unless caused by our gross negligence or willful and wanton misconduct, we limit our total damages to you for any claims arising out of your access to the Website to the amount paid by you to us. Recovery of these damages will be your sole and exclusive remedy.
We will not be liable to you for any special, indirect, incidental, consequential, exemplary, or punitive damages for any claims arising out of your access to the Website. This exclusion applies even if we knew or should have known about the possibility of these damages.
The limitations and exclusions in this section apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory). THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
- Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in these Terms of Service apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
- Electronic Signatures
You will be bound by any affirmation, assent, or agreement you transmit through this Website. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- Governing Law
These Terms of Service, your use of the Website, and the relationship between you and us shall be governed by the laws of California, without regard to conflict of law rules. You agree that: (i) we and the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. The sole and exclusive venue for any action or proceeding arising out of or related to these Terms of Service shall be in Superior Court of San Diego County, California. You hereby submit to the jurisdiction and venue of said court. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
- Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Your Comments and Concerns
All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set forth therein in section 13.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]
- General Terms
- Waiver and Severability
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- Entire Agreement
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You acknowledge that the Website reserves the right to charge for its services and to change its fees from time to time in its discretion. Furthermore, in the event we terminate your rights to use the Website because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Website’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
We may terminate these Terms of Service for any or no reason at any time by posting revised Terms of Service on the Website, or by notifying you by email or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, we will not have any obligation to assist you in migrating your data or features of your account and we may not keep any back up of your account. We will not be responsible for deleting your account. Note that, even if your account is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your account features), subject to the licenses set forth in these Terms of Service.