Use of the Site in any manner, and whether at the Sexyblock.com website or through a third party website or other interface, you certify that: (1) you are at least 18 years of age, (2) if you are providing access to the Site to any person who is under 18 years of age, you are such person’s parent or legal guardian and you consent to the use of the Site by such person only under your direct supervision and subject to any reasonable verification required by Sexyblock.com, and (3) you expressly agree to be bound by these Terms and conditions of use.
Your use of the Site is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Site. Sexyblock.com reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Doing so may result in being permanently banned from our Site. Notwithstanding the foregoing, Sexyblock.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Sexyblock.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below).
The images, text, documents and graphics (collectively, the “Content”) published at Sexyblock.com could include rumors, speculations, assumptions, opinions, factual information, inaccuracies or typographical errors. Sexyblock.com does not ensure the accurateness of any Content presented on our Site. The opinions expressed on Sexyblock.com are the opinions of the individual author(s) and may not reflect the opinions of Sexyblock.com. Sexyblock.com may contain links to other websites which are completely independent to this Site. Sexyblock.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions in any such linked websites, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or the products or services offered therein unless otherwise expressly and duly noted.
Please be aware that we have created or may create in the future certain areas on the Site that contain third-party links to adult or mature content. Therefore, you must be at least 18 years of age to access and view these third-party websites. If you are under 18, please do not use the Site.
By using the Site, you represent and warrant that you have the right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. This Site is administered in the U.S. and intended for U.S. users; any use outside of the US is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site.
Copyright/Intellectual Property Rights
The Content published on Sexyblock.com, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Sexyblock.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Third party website logos which appear on the Site are trademarks or registered trademarks of their respective owners or sponsors. Content on our website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sexyblock.com reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
Many images appearing on Sexyblock.com are submitted by our users who are prohibited from uploading/submitting images unless they are the lawful copyright owner. Other images may be obtained from third party sources only when doing so constitutes fair use under Section 107 of the U.S. Copyright Act;17 U.S.C. § 107. As such, Sexyblock.com’s use of images is generally protected under the safe-harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you are a copyright owner and you believe the use of your images on this site is infringing in any way, please contact us immediately. We will promptly comply with any take-down demand as long as the demand meets the requirements of the DMCA. At a minimum, any removal request is required to include at least the following things: 1) Your name, address, telephone number, and e-mail address; (2) A description of the copyrighted work that you claim has been infringed; (3) The exact URL or web address where the alleged infringing material is located (NOTE: a description such as “the 3rd image on page 2” is NOT sufficient because we add new content all the time and images may shift location. Also, a description such as “that picture of me” is unacceptable because we do not know who you are. You must therefore provide the exact URL of the image at issue. You can get the URL by clicking on the title of the post and then looking at the address bar on the top of that page. Failure to do so may result in your request being delayed or rejected); (4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (6) A statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).
Please email your DMCA removal request to copyright [at] sexyblock [dot] com. Requests may take up to 72 hours to process and review, so please be patient.
If you are interested in more information about the safe harbor and takedown provisions of the DMCA, please check out the Wikipedia page on the topic “HERE”.
Sexyblock.com may now or in the future permit the submission of articles/content or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Sexyblock.com does not guarantee any confidentiality with respect to any submissions. By submitting photos, videos and statements to Sexyblock.com you agree to express consent to publish and release liability from our officers, employees, vendors, contractors, subcontractors, suppliers agents and affiliates. Sexyblock.com is under no obligation to preserve, provide access to, or return to you any Content. Upon submission you will have irrevocably agreed to these Terms.
In connection with User Submissions, you further agree that you will not: (1) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Sexyblock.com all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage Sexyblock.com or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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; (4) post advertisements or solicitations of business; (5) impersonate another person.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to us by emailing us your DMCA removal request to copyright[at]sexyblock[dot]com. Requests may take up to 72 hours to process and review, so please be patient.
You understand that when using our website, you will be exposed to User Submissions from a variety of sources, and that Sexyblock .com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 Sexyblock.com with respect thereto, and agree to indemnify and hold Sexyblock.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Links to Other Web Sites and Services
This Site contains links to other websites. Sexyblock.com does not operate these websites, is not responsible for them, and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with such third party site(s). You agree that Sexyblock.com shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk. WE, ON OUR OWN BEHALF AND ON BEHALF OF OUR DIVISIONS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND CONTRACTORS, EXPRESSLY DISCLAIM ANY OBLIGATION, RESPONSIBILITY OR LIABILITY FOR THE COLLECTION, USE OR DISTRIBUTION OF INFORMATION COLLECTED THOUGH ANY THIRD PARTY SITES.
Where Sexyblock.com receives user complaints or otherwise becomes aware that information or content on a particular website or post may be illegal, harmful or injurious, Sexyblock.com will take reasonable actions to investigate the complaint and determine whether the post or the link to such third party website should be removed from Sexyblock.com. However, Sexyblock.com will not undertake a legal analysis of the content and will use its own internal criteria for determining whether a link should be removed. As a general matter, where individual users or other third parties believe content on a website is illegal or harmful, objections with regard to such content should be made directly at such website.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEXYBLOCK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; SEXYBLOCK.COM WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SITE, HOWEVER, SEXYBLOCK.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SITE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON YOUR COMPUTER. SEXYBLOCK.COM DOES NOT WARRANT THAT: 1.THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, 2.THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3.THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, 4.THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND 5.ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SITE WILL BE CORRECTED; 6.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND 7.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Giveaways, Contests and Promotions: From time to time, Sexyblock.com may offers sweepstakes, contests, sample giveaways and other promotional activities (a “Promotion”). Your registration and/or enrollment for, and subsequent participation in, any Promotion shall be subject to rules and regulations associated with such Promotion which will be posted on the Site. You may be automatically enrolled and/or registered for certain of these Promotions by participating in the interactive features of our Site, such as by submitting user comments, or by other actions, such as by registering for Site emails or referring new users to the Site. Unless otherwise specified by the rules and regulations of a particular Promotion, the Promotions require that participants be eighteen (18) years of age at the time of entry and that participants be legal residents of the United States of America. In the event that you do not wish to participate in any particular Promotion (or any Promotion at all), please contact us and indicate your desire to “opt-out” of a particular Promotion by identifying the objectionable Promotion by name (or indicate your desire to opt out of all Promotions undertaken on the Site) in a written notice sent to our offices.
Free Product Offers and Samples: THE FREE PRODUCT SAMPLES THAT MAY BE OFFERED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL SAMPLE PRODUCT WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, ARE DISCLAIMED BY SEXYBLOCK.COM, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
By receiving any products through such sample and freebie offers, you agree to release and hold harmless Sexyblock.com and its subsidiaries and affiliates, and each of their respective parent companies and each such company’s officers, directors, shareholders, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in any product samples and freebie offers or receipt or use or misuse of any such product.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEXYBLOCK.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEXYBLOCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO: 1.THE USE OR THE INABILITY TO USE THE SITE; 2.THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; 3.UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4.STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR 5.ANY OTHER MATTER RELATING TO THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify and hold Sexyblock.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the Service, (iii) the violation of these Terms by you, or (iv) the infringement by you, or any third party using your user account or password, of any intellectual property or other right of any person or entity.