SubDESU-H Terms of Service
Eligibility and Registration.
In order to access certain features of the Site and Services, and to post any content on the Site or via the Services, you will have to create a SubDESU-H account and become a "SubDESU-H Member". To become a SubDESU-H Member you must be at least 18 years of age and only SubDESU-H Members that are at least 18 years of age may generate and submit Translated Content (defined below) or run a Promotion via the Site or Services (as further described in Section 9 below).
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. SubDESU-H reserves the right to require you to change your username for any reason and may do so at anytime.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding SubDESU-H account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your SubDESU-H account, whether or not you have authorized such activities or actions. You agree to immediately notify SubDESU-H of any unauthorized use of your username, password or SubDESU-H account.
Access to Certain Content: Fees and Billing.
SubDESU-H Members may be able to access and/or purchase certain premium content ("Premium Content") through the Site or Services in a few different ways including: (i) SubDESU-H Members can pay a monthly subscription fee to view certain Premium Content for the applicable time period ("Subscription Fee"); or (ii) SubDESU-H Members can pay a one time fee to download certain Premium Content for unlimited viewing ("Download Fee"). Fees are refundable in SubDESU-H's sole discretion. There is no prorated refund of any fees upon any termination or cancellation. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any).
You hereby authorize SubDESU-H to collect fees by charging the credit card you provide to us as part of your SubDESU-H account information, either directly or indirectly via a third party online payment service, such as PayPal.
Proprietary Rights and Licenses.
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:
"SubDESU-H Content" means, collectively, the text, data, graphics, images, SubDESU-H trademarks and logos and other content (including Licensed Content) made available through the Site and Services, excluding User Submissions.
"Licensed Content" means any content (including any audio or video content) provided to SubDESU-H by its third party content partners (which may include Premium Content or "download to own" content) made available through the Site and Services.
"User Submissions" means, collectively, the text, data, communications, bulletin board messages, chat, graphics, images, photos, audio or video files and other content and information which SubDESU-H Members post, upload and otherwise submit to the Site or Services, including, without limitation, in their profile page, excluding Translated Content.
(b) User Submissions. You retain all rights in your User Submissions. However, by uploading, posting, submitting or otherwise transmitting any User Submissions on or to the Site or Services, you hereby grant to SubDESU-H a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit your User Submissions in connection with the Services and SubDESU-H's (and its successors) business including, without limitation, for promotion and redistributing part or all of the Services (and derivative works thereof), in any media formats and through any media channels. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to SubDESU-H. You acknowledge and agree that your posting of User Submissions will comply with our Copyright and IP Policy as set forth in Section 4 below.
You acknowledge and agree that SubDESU-H may, at its option, reclassify or recatergorize any User Submissions and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that may be allotted to you for the storage of User Submissions on SubDESU-H's servers. SubDESU-H will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
(c) SubDESU-H Content.
(i) SubDESU-H and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, SubDESU-H Content and any other content made available through the Site or Services contained therein, other than your User Submissions. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, SubDESU-H Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, SubDESU-H Content or any other content made available through the Site or Services (other than your User Submissions).
(d) Reminder Regarding Premium Content. For the avoidance of doubt with respect to any Premium Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Premium Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(e) Disclaimer. SubDESU-H does not guarantee that any content (including without limitation SubDESU-H Content, User Submissions or Translated Content) will be made available through the Site or Services, continuously or at all. WHILE SubDESU-H IS UNDER NO OBLIGATION TO DO SO, SubDESU-H RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON SubDESU-H DEEMS SUFFICIENT. SubDESU-H does not have any obligation to monitor the User Submissions or Translated Content that is uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or Translated Content or anything said, depicted or written by SubDESU-H Members, including, without limitation, any information obtained by using the Site or Services. SubDESU-H does not endorse any User Submissions or Translated Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SubDESU-H with respect thereto.
Copyrighted Materials: No Infringing Use.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. SubDESU-H has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the SubDESU-H Copyright and IP Policy for further information.
You may terminate your SubDESU-H account at any time and for any reason by selecting this option on your account information page. Upon any termination by a SubDESU-H Member, the related account will no longer be accessible.
Interactions between SubDESU-H Users.
Obligations for SubDESU-H Users.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
Upload, post, submit or otherwise transmit: (i) any User Submissions or Translated Content to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions or Translated Content for which you do not have the consent or permission of each identifiable person in the User Submissions or Translated Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission or Translated Content) and such consent or permission is necessary; or (iii) any User Submissions or Translated Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of SubDESU-H;
Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any content;
Use any meta tags or other hidden text or metadata utilizing a SubDESU-H trademark or logo, URL or product name;
Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site;
Upload, post, submit or otherwise transmit any User Submissions or Translated Content that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions or Translated Content that is unrelated to the immediate, aesthetic nature of the User Submissions or Translated Content;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of SubDESU-H's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Attempt to probe, scan or test the vulnerability of any SubDESU-H system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by SubDESU-H or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
Collect or store personal data about other SubDESU-H Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Ratings and Comments & Feedback.
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at [email protected] or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of SubDESU-H and you hereby assign and agree to assign all rights, title and interest you have in such Comments and Feedback to SubDESU-H together with all intellectual property rights therein.
THE SITE, SERVICES, SubDESU-H CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SubDESU-H EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, SubDESU-H CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SubDESU-H MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, SubDESU-H CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
SubDESU-H will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to SubDESU-H infrastructure or connectivity to the internet or failure at an SubDESU-H co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, SubDESU-H will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that SubDESU-H may reasonably require to recover from the effects of such Force Majeure Event.
Relationship of the Parties.
Notice; Consent to Electronic Notice.
Links to other Websites.
The Site or Services may provide links to websites other than SubDESU-H.net. Such links are provided for reference only, and SubDESU-H neither controls such websites nor endorses any of the material on any such websites or any association with their operators. SubDESU-H is not responsible for the activities or such sites, and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
Last Modified: 05/11/2014