From chocolateDrop Terms
Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the chocolateDrop.com domain name, the "chocolateDrop Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF chocolateDrop'S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the chocolateDrop Website.
chocolateDrop Website
These Terms of Use apply to all users of the chocolateDrop Website, including users who are also contributors of video content, information, and other materials or services on the Website. The dawgPoundUSA Website may contain links to third party websites that are not owned or controlled by chocolateDrop. chocolateDrop has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, chocolateDrop will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve chocolateDrop from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the chocolateDrop Website and to read the terms and conditions and privacy policy of each other website that you visit. chocolateDrop reserves the right to change the TOU at anytime without notice.
Intellectual Property Rights
The content on the chocolateDrop Website, 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 chocolateDrop, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the 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. chocolateDrop reserves all rights not expressly granted in and to the Website 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, ordistribution of User Submissions of third parties obtained through the Website 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 chocolateDrop Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the chocolateDrop Website or the Content therein.
User Submissions
A. The chocolateDrop Website may now or in the future permit the submission of videos 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, chocolateDrop does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize chocolateDrop to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to chocolateDrop, you hereby grant chocolateDrop a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the chocolateDrop Website and chocolateDrop's (and its successor's) business, including without limitation for promoting and redistributing part or all of the chocolateDrop Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the chocolateDrop Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the chocolateDrop Website.
C. In connection with User Submissions, you further agree that you will not:
- POST, ALLOW ANOTHER TO POST OR BE IN ANY WAY INVOLVED IN THE POSTING OF ANY MATERIAL THAT DEPICTS OR IMPLIES PERSONS UNDER THE AGE OF 18: no visual depictions of anyone under the age of 18 - PERIOD! Even if the minor is fully dressed, playing at the park. YOU WILL BE BANNED AND REPORTED TO THE POLICE!;
- 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 chocolateDrop all of the license rights granted herein;
- submitting material that you do not own or did not create;
- publish falsehoods or misrepresentations that could damage chocolateDrop or any third party;
- submit material depicting or implying rape, forced sexual acts, beastiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art);
- submit material depicting violence, abuse: (actual, unconcented harm to another living thing);
- submit material that is unlawful, defamatory, libelous, threatening, harassing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business with a non-webmaster account; (legal or not) unless submitting to the Local Business Directory; where submissions must adhere to the following:
- Submissions DO's
- Local Brick and Mortar Businesses.
- Local Job Offers.
- Local Events.
- Your Personal Ad.
- Make Your Post as Complete as Possible.
- Photos and Videos in Your Ad!
- Submission DO NOT's
- Post Website Addresses.
- Commercial Advertisements, Banners or Links.
- Post videos containing website URLs or other advertisements.
- Solicite Sex.
- Give Personal Information.
- encourage or otherwise depict glamorized drug use;
- characterize violence as acceptable, glamorous or desirable, or;
- transmit any of your personal contact information other than YOUR OWN email address;
- impersonate another person;
- use racist or sexist language; (Use of the words fag/faggot/homo, nigger/nigga/niggah - even if you are describing yourself);
- depict or promote incest;
- depict or promote Coprophilia, also known as Fecophilia or Scat.
- submit material promoting, stating, condoning, referring to hate: hate mail, hate comments, hate crimes, terrorism (or terrorist ideas/concepts);
- submit material that depicts feces/defication/excriment.
chocolateDrop does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and chocolateDrop expressly disclaims any and all liability in connection with User Submissions. chocolateDrop does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and chocolateDrop will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. chocolateDrop reserves the right to remove Content and User Submissions without prior notice. chocolateDrop will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, chocolateDrop also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. chocolateDrop may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
chocolateDrop may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In addition, chocolateDrop will, without exception, notify the proper authorities, disclose ALL account information related to Users who violate Section 5. item C number (1) of this document.
D. 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") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
chocolateDrop's designated Copyright Agent to receive notifications of claimed infringement is: (Visit our DMCA information page). For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to chocolateDrop support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the chocolateDrop Website, you will be exposed to User Submissions from a variety of sources, and that chocolateDrop 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 chocolateDrop with respect thereto, and agree to indemnify and hold chocolateDrop, 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.
F. chocolateDrop permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, chocolateDrop provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the chocolateDrop website on the pages containing the Embeddable Player. chocolateDrop reserves the right to discontinue any aspect of the chocolateDrop Website at any time.
Intent and Fair Use Policy
Furthermore, the member agrees to adhere to the following declarations:
- The acknowledgement of chocolateDrop, of its intellectual and physical property as it applies to the Use Of chocolateDrop and Its Features.
- The acknowledgement of the Intentful Use of Features currently deployed by chocolateDrop as it applies to the Use Of chocolateDrop and Its Features.
- The acknowledgement of Fair Use of Features currently deployed by chocolateDrop as it applies to the Use Of chocolateDrop and Its Features..
- Intent of Features: The Following Features Are of The Intended and Fair Use as listed below:
- Streaming Public Video – Video intended to be streamed to the general members of chocolateDrop and its proponents.
- Public Photoset – Photos intended to be viewed to the general members of chocolateDrop and its proponents.
- Community – Set of Social Networking Featured intended to reasonably communicate with the general members of chocolateDrop and its proponents.
- Streaming Amateur Video - Video intended to be streamed to paying members of chocolateDrop and its proponents.
- Amateur Photoset - Photos intended to be viewed to the paying members of chocolateDrop and its proponents.
- Amateur Webcam Video – Streamed Video intended to be Live and Interactive to the paying members of chocolateDrop and its proponents
- Comments and Messaging System – Public and Private Comment/Messaging intended to reasonably communicate with the general members of chocolateDrop and its proponents
- VOD, TV, DVDPass - Streamed and Broadcast Video intended to be delivered to paying members of chocolateDrop and its proponents by chocolateDrop.
- Public Sponsored Video - Video intended to be streamed to the general members by chocolateDrop and its proponents.
- Donation System – Internal reward system intended to deliver funds from one person at a unique IP to another person at a unique IP with the purpose of tipping or donating for services.
- chocolateDrop Contacts – Contacts to the proponents of chocolateDrop intended to reasonably support the Features of chocolateDrop previously listed
- The Acknowledgement that all declarations in the Fair Use Policy are reinforced by the General Terms of Use (TOU) and upheld by chocolateDrop and its proponents.
- The acknowledgement that all declarations of Fair and Intended use of chocolateDrop shall reasonably adhered to by all active members of chocolateDrop and its proponents.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE chocolateDrop WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, chocolateDrop, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. chocolateDrop MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE chocolateDrop WEBSITE.
chocolateDrop DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE chocolateDrop WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND chocolateDrop WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY 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.
Limitation of Liability
IN NO EVENT SHALL chocolateDrop, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE chocolateDrop WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT chocolateDrop SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by chocolateDrop from its facilities in Canada. chocolateDrop makes no representations that the chocolateDrop Website is appropriate or available for use in other locations. Those who access or use the chocolateDrop Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless chocolateDrop, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the chocolateDrop Website;
- your violation of any term of these Terms of Use;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the chocolateDrop Website.
Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the chocolateDrop Website is not intended for persons under 18. If you are under 18 years of age, then please do not use the chocolateDrop Website.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by chocolateDrop without restriction.
General
You agree that:
- the chocolateDrop Website shall be deemed solely based in United States; and
- the chocolateDrop Website shall be deemed a passive website that does not give rise to personal jurisdiction over chocolateDrop, either specific or general, in jurisdictions other than Ontario, Canada. These Terms of Use shall be governed by the internal substantive laws of the province of New York without respect to its conflict of laws principles. Any claim or dispute between you and chocolateDrop that arises in whole or in part from the chocolateDrop Website shall be decided exclusively by a court of competent jurisdiction located in New York.
These Terms of Use, together with the Privacy Notice and any other legal notices published by chocolateDrop on the Website, shall constitute the entire agreement between you and chocolateDrop concerning the chocolateDrop Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and chocolateDrop's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. chocolateDrop reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the chocolateDrop Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND chocolateDrop AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE chocolateDrop WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
chocolateDrop & Shipping Address
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