Terms
Terms
THUGOVERLOAD.COM TERMS AND CONDITIONS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY.
If you are not willing to comply with any and all of the obligations, terms and conditions described in this Agreement you must IMMEDIATELY DISCONTINUE USE of Thugoverload.com.
These Terms of Service constitute a legal agreement between you (the “User”) and Thugoverload.com that sets out the terms and conditions upon which the User is permitted access to the services provided by Thugoverload.com (the “Agreement.”) Users of Thugoverload.com and any Thugoverload.com website (separately and collectively, “Thugoverload.com”) are required to comply with the obligations and subject to the terms and conditions contained in this Agreement.
By ordering digital video disks and any other items supplied by Thugoverload.com (the “DVDs”) and/or by downloading or streaming the Content (as defined below) and/or by otherwise using the Thugoverload.com website and/or services, the User agrees to comply with the terms of this Agreement. Thugoverload.com expressly reserves the right to modify this Agreement from time to time at the sole discretion of Thugoverload.com without notice to the User. It is the responsibility of the User to review this Agreement periodically to ensure that the User is aware of amendments to the Agreement and any changes to the User’s obligations under the Agreement.
The Privacy Policy and Disclaimer are hereby incorporated by reference into this Agreement.
If you are not willing to comply with any and all of the obligations, terms and conditions described in this Agreement you must IMMEDIATELY DISCONTINUE USE OF Thugoverload.com .
Limits on Use of Content.
The Content of Thugoverload.com and is intended for the personal, noncommercial use of the Users. All materials published on Thugoverload.com (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Thugoverload.com or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through Thugoverload.com.
Thugoverload.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as expressly set forth in this Agreement, the User is shall not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials contained on Thugoverload.com in whole or in part.
The User shall not photocopy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate or store any Content other than for personal, noncommercial use is expressly prohibited without the prior written permission from Thugoverload.com and any third party copyright holder. Neither the Content nor any portion thereof may be stored on or copied onto the User’s personal or other website and such use does not constitute “personal use” within the meaning of this Agreement.
Acknowledgements.
The User acknowledges that Thugoverload.com and the DVDs contain sexually explicit material, including but not limited to material that is XXX, adult, porn, hardcore, pornographic or erotic (the “Material,”) intended for individuals over the age of majority (18/21+) to be viewed by the User in accordance with the applicable laws in the jurisdiction in which the User is using Thugoverload.com or the DVDs.
The User acknowledges that the User has read and understood the Thugoverload.com Disclaimer and understands and accepts that the Thugoverload.com Disclaimer applies to all Content, merchandise and services available through Thugoverload.com.
Shipping and Returns Policy; No Refunds.
The “bill to” and “ship to” address must be the same on all purchases.
All sales are final. NO REFUNDS.
The User may exchange defective DVDs for the same item; defective DVDs must be returned in the original package and may only be exchanged for the same item.
Title to the DVDs and the risk of loss associated therewith shall pass to the User upon delivery of the DVDs by Thugoverload.com to the third party courier, shipping company or other carrier.
Thugoverload.com reserves the right to decline to accept any order for any reason, including but not limited to the shipping location.
The User is solely responsible for any and all import duties, tariffs and taxes for DVDs shipped to the User or at the User’s direction to an address outside of the United States.
User Submissions
Thugoverload.com may from time to time make available to Users chat rooms, forums, message boards, blogs, news groups and/or other User Platform contained on, accessed through, or otherwise associated with Thugoverload.com (“User Platforms”). Any and all information, feedback, questions, comments, contributions and/or submissions made by the User to any Thugoverload.com User Platform (the “Submissions”) will be deemed to have been provided to Thugoverload.com on a non-confidential and non-proprietary basis and will become and remain Thugoverload.com property. Thugoverload.com shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. The User hereby grants Thugoverload.com permission and free license to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services that incorporate any or all of the ideas, concepts, or techniques contained in the Submissions. The User hereby waives all moral rights that the User may have in any materials uploaded or sent to Thugoverload.com by the User via a User Platform or otherwise.
The User shall not upload to, or distribute or otherwise publish through a User Platform any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. The User shall use his or her best judgment and be respectful of other individuals using the User Platforms. The User shall not use vulgar, abusive or hateful language on any User Platform. Thugoverload.com does not endorse any of the opinions or comments placed on the User Platforms, and Thugoverload.com cannot verify the accuracy of any statements made on the User Platforms.
The User is permitted to access and use the User Platforms subject to the requirement that the User Platforms be used in a non-commercial manner. The User shall not, without the express approval of Thugoverload.com, use the User Platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for the provision of goods or services, including but not limited to the promotion of websites, online or print publications or services that are competitors of Thugoverload.com. The User shall not submit or solicit any stories, features, designs, scripts, merchandise or publication of any kind.
Thugoverload.com does not and cannot review every message posted by Users on the User Platforms. Thugoverload.com expressly disclaims any and all responsibility for the content of any and all Submissions. Notwithstanding the foregoing, Thugoverload.com reserves the right to delete, move or edit Submissions that Thugoverload.com, in its sole discretion, considers to be in (a) in violation of the law of any jurisdiction throughout the world (including but not limited to trademark, copyright, child pornography or other law, rule or regulations); in breach of this Agreement, or (c) abusive, defamatory, obscene or otherwise unacceptable to Thugoverload.com its attorneys, agents or assigns. The User shall, at all times, remain solely responsible for the content of the User’s own Submissions and the User hereby indemnifies and holds Thugoverload.com harmless for any claims by third parties that may arise out of the User’s Submissions.
Access and Availability of the Thugoverload.com Website and Links.
Thugoverload.com may contain links to other related Internet sites, resources and sponsors of Thugoverload.com. Clicking on an ad banner or link will redirect the User away from a Thugoverload.com website to a third party website. Interactions that occur between the User and any third party to which Thugoverload.com is linked are strictly between the User and such third party and are not the responsibility of Thugoverload.com. Thugoverload.com is not responsible for examining or evaluating, and does not warrant or otherwise vouch for or underwrite the offerings of, any third parties and/or websites that may be accessed via a link or otherwise from Thugoverload.com. Thugoverload.com does not assume any liability or responsibility for the actions, product, availability or content of such third parties. The User should direct any concerns regarding any external link to the site administrator or webmaster of the third party website.
System Integrity.
The User shall not use any device, software or router that may interfere or attempt to interfere with the proper working of any Thugoverload.com website or any transaction conducted on Thugoverload.com. The User shall not engage in any activity that may impose an unreasonable or disproportionately large load on the Thugoverload.com infrastructure. The User shall not share or otherwise disclose the User’s password to any third party or use the User’s password for any unauthorized service.
Representations and Warranties.
The User represents that the User is at least 18 years old or the applicable age of majority in the and possesses the legal authority in the jurisdiction in which the Thugoverload.com website and/or services are being used by the User to enter into this Agreement. The User further represents, warrants and covenants that no Submissions by the User shall (a) violate any of the terms and conditions of this Agreement; (b) violate, plagiarize or infringe upon the rights of any third party, including, but not limited to, third party copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (c) contain unlawful material; (d) constitute false or misleading indications of origin or statements of fact; (e) slander, libel or defame any person or entity; (f) cause injury of any kind to any person or entity; or (g) violate any applicable laws, rules, regulations or other governmental regulations.
The User hereby indemnifies, defends and holds Thugoverload.com and its parent company, officers, directors, owners, agents, information providers, affiliates, licensors, licensees or assigns (individually and collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by the User of this Agreement or the representations and warranties set forth above, including but not limited to reasonable attorneys’ fees. The User shall cooperate as fully as reasonably requested by Thugoverload.com its attorneys, agents or assigns in the defense of any claim. Thugoverload.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User shall not enter into any settlement, release or other agreement that may affect the rights of any Indemnified Party without the advance written approval of Thugoverload.com.
The User represents that the User does not find the Material to be offensive or otherwise objectionable.
The User represents that the Material ordered by the User from Thugoverload.com do not violate any local laws or constitute actionable obscenity according to local community standards in the User’s location.
Limitations on Liability.
Under no circumstances will the Company, its administrators, employees or agents be liable to any user or third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits or data arising from the use of Thugoverload.com and/or any Content or Third Party Content. Notwithstanding any terms to the contrary contained herein, the Thugoverload.com ’s liability to any User for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid by the User to Thugoverload.com during the period of use, however in no case will the Thugoverload.com ’s liability to any User exceed 0. The User hereby acknowledges that if no fees are paid to Thugoverload.com by the User at the time any cause of action arises or any action is commenced, the User shall be limited to injunctive relief only, and the User shall not be entitled to damages of any kind from Thugoverload.com , regardless of the cause of action.
18 U.S.C. Section 2257 Compliance Notice .
In compliance with the United States Labeling and Record-Keeping Laws, all models, actors and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained on this website and/or on the DVDs were over the age of eighteen (18) years of age at the time of the creation of such depictions.
Custodian of Records:
dc4d.com Custodian of Records
423 Marion #1A
Brooklyn, NY 11223
Termination.
In the event of a breach by the User of this Agreement, Thugoverload.com and its authorized employees, agents and assigns may terminate the User’s use of any Thugoverload.com website or part thereof without notice. Thugoverload.com may, in its sole and unreviewable discretion, terminate or suspend the User’s access and/or refuse, without notice, access to or use of all or part of Thugoverload.com for any or no reason to any User at any time.
Breaches of this Agreement that shall subject the User to immediate termination include, but are not limited to:
(a) infringing copyrights owned by Thugoverload.com or third parties, whether knowing or inadvertent;
(b) restricting, inhibiting or disrupting any Thugoverload.com event;
(c) attempting to alter or improperly access any feature or function of Thugoverload.com or any component thereof;
(d) posting or transmitting any illegal content whether by Submission or otherwise;
(e) harassing or threatening any other User or any Thugoverload.com officer, employee, agent or assign;
(f) posting content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Thugoverload.com activities;
(g) posting unsolicited advertising; or
(h) impersonating any other individual or entity.
Assumption of Risk.
The User represents that the User is familiar with the varied risks inherent in the use of Thugoverload.com and the DVDs, including the possible exposure of the Content and/or the DVDs to third parties. The User hereby voluntarily assumes any and all such risks that may arise out of, or otherwise be associated with, the User’s use of Thugoverload.com or the DVDs, including but not limited to User or third party harassment, annoyance, humiliation or other physical or emotional distress.
Miscellaneous.
This Agreement is made in and shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions. The User hereby agrees that any action to enforce this Agreement shall be brought in the federal or State courts located in New York County, New York. In the event of a lawsuit arising out of this Agreement, the prevailing party shall have the right to reimbursement of all reasonable costs of litigation, including attorney’s fees, from the non-prevailing party. The parties shall use good faith efforts to resolve the dispute arising out of this Agreement through mediation, and/or to engage in the collaborative law process or other alternative dispute resolution proceedings prior to commencing litigation or arbitration.
This Agreement constitutes the entire agreement between the User and
Thugoverload.comwith respect to the access and use of
Thugoverload.comand supersedes all prior or contemporaneous agreements (whether oral, written or electronic) between the User and
Thugoverload.comor its employees, agents or assigns with respect to the
Thugoverload.comwebsite, services or DVDs. If any of the provisions of this Agreement are determined to be invalid or unenforceable, including but not limited to the terms set forth in the
Thugoverload.com Disclaimerand/or the
Thugoverload.com Privacy Policy, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as closely as possible, the original intentions of the parties, and all remaining provisions shall remain in full force and effect.
Thugoverload.commay freely assign its rights and obligations under this Agreement without notice to or consent of the User.
