Terms of Use
Effective Date: September 1st, 2017
Last Updated: September, 26th, 2017
PREAMBLE AND GENERAL PRINCIPLES
These terms of use describe the code of conduct that Hare Pin Media LLC (d/b/a/ ticklefreaks.com (located at 4270 Cameron Street, Las Vegas, NV 89103″), and all of its properties operated under this name, hereinafter known as “Hare Pin Media,” requires of all end-users of Hare Pin Media’s Internet services (the “Services”) – those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay fees to gain access to the Services (“Members”) – information and guidelines relating to Visitor and Member (“User”) participation within Hare Pin Media’s online communities, and the consequences of any user misconduct within them. Hare Pin Media requests that you read these terms and conditions carefully.
Your use of Hare Pin Media’s services and/or order of products through Hare Pin Media’s websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access Hare Pin Media’s services or order products.
Hare Pin Media’s websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
Hare Pin Media’s services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing Hare Pin Media’s services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from Hare Pin Media or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
Hare Pin Media does not make any warranties as to fitness for any particular use nor does Hare Pin Media make any warranties as to the accuracy of descriptions of the products.
The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on Hare Pin Media’s websites, delivered to you or otherwise made available through Hare Pin Media’s services are copyrighted by Hare Pin Media and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from Hare Pin Media or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and Hare Pin Media in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
You agree to indemnify Hare Pin Media and all third parties that are linked to Hare Pin Media and Hare Pin Media’s services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of Hare Pin Media’s services, purchase of materials from Hare Pin Media or any third parties linked from Hare Pin Media services, or use of any materials purchased or rented from Hare Pin Media or third parties linked from Hare Pin Media services.
Your use of Hare Pin Media’s services is at your own risk. Hare Pin Media’s services and all websites linked from it are provided “AS IS” and on an “AS AVAILABLE” basis. The content and materials are provided “AS IS” and no warranties are made of any kind. Hare Pin Media disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Hare Pin Media makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Hare Pin Media’s services. Any references to any real person, living or dead, are purely coincidental. Hare Pin Media and its suppliers are not liable for the accuracy or completeness of any of the materials available through Hare Pin Media’s services.
Hare Pin Media makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Hare Pin Media makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Hare Pin Media services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
No advice or information obtained through Hare Pin Media’s services will create any warranty and employees of Hare Pin Media or third party contributors are not authorized to alter these terms.
To the extent allowable, Hare Pin Media is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of Hare Pin Media’s services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access Hare Pin Media’s services.
You agree to hold Hare Pin Media, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through Hare Pin Media’s services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
Hare Pin Media respects your desire for privacy. Our privacy policy is linked to from the bottom of every ticklefreaks.com website’s home page. By using Hare Pin Media’s services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. Hare Pin Media may store your information and information regarding your use of Hare Pin Media’s services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of Hare Pin Media’s services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using Hare Pin Media’s services or entering any information.
You are not permitted to violate the security of Hare Pin Media’s services or access or attempt to access any data not intended for users of Hare Pin Media services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of Hare Pin Media services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of Hare Pin Media’s services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use Hare Pin Media’s services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies.
These Terms constitute the entire agreement between you and Hare Pin Media and govern your use of Hare Pin Media’s services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from Hare Pin Media’s services. You may not assign or transfer your user name, password, rights, or login information to any other party.
Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Hare Pin Media will be entitled to equitable relief, including but not limited to injunction, costs, and attorney’s fees associated with Hare Pin Media enforcing its rights against you.
You agree to subject yourself to the personal jurisdiction, laws and courts of Manchester, New Hampshire, in the event of a suspected breach of these Terms.
You agree to abide by all laws, including international import and export laws and to refrain from using Hare Pin Media’s services or purchasing products that may be in violation of any laws.
The failure of Hare Pin Media to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
Hare Pin Media, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and Hare Pin Media may immediately deactivate or delete your account. Hare Pin Media will not be liable to you or any third party for any reason upon termination of your account.
REVISIONS TO THIS POLICY
You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use Hare Pin Media’s services you agree to the Terms as published. You should periodically check for any modifications of these Terms by re-visiting this web page and using the “refresh” button on the user’s browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the “last modified” date remains unchanged after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed “last modified” date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
USER CONDUCT WITHIN Hare Pin Media’S ONLINE COMMUNITIES
The following activities are prohibited with relation to all online community services offered by Hare Pin Media. Engaging in any of these activities will result in the immediate termination of your account and your access to Hare Pin Media’s services, and may result in criminal prosecution.
You must not use our site to harvest email addresses or other personally identifiable information, either manually or using scripts or other software, for the purpose of marketing or promoting any commercial or non-commercial entity.
You must not engage in any activity that will endanger, jeopardize or potentially damage Hare Pin Media’s facilities or services, including but not limited to “denial of service” attacks.
You must not use any automated script or other software to collect information or content from Hare Pin Media’s sites in any way.
You must not impersonate employees of Hare Pin Media or other members of the community, or in any way mislead other users to believe that you are someone you are not.
You must not offer anything for sale on Hare Pin Media’s sites or solicit any purchases while on Hare Pin Media’s sites.
You must not upload or in any other way make viruses available to users of Hare Pin Media’s sites or to any element of the sites themselves.
You must not intimidate, harass or threaten other users, employees, or contractors of Hare Pin Media.
You must not use any other person’s account besides your own to post or view content on Hare Pin Media sites for any reason, with or without permission.
You must not otherwise violate the terms and conditions of these Terms of Use, Hare Pin Media’s Community Guidelines, and all applicable local, national, and international laws and regulations.
USER PARTICIPATION GUIDELINES WITHIN Hare Pin Media’S ONLINE COMMUNITIES
Hare Pin Media encourage users to share their thoughts, opinions and suggestions regarding our websites and models in our forums and message boards, as this feedback helps us improve the quality of the content they produce. Your comments are greatly appreciated, regardless of whether or not we overtly agree with your viewpoint. General discussion and respectful debate with other users of Hare Pin Media’s sites is also welcomed.
While moderators might allow some leeway in what is considered to be an acceptable post, crossing certain boundaries may result in your posting being deleted and in extreme or repeated cases, having your access suspended or account nullified. The following posts are absolutely and unconditionally prohibited in Hare Pin Media’s forums, scene comments, user profiles, and all other areas of Hare Pin Media’s online community, be they public or private:
Posts that include excessive profanity
Posts that include racist or homophobic remarks
Posts that are offensive to models, riggers, directors or other users of the site, without offering some form of constructive criticism
Repeated negative posts that offer no constructive criticism
Posts that are unintelligible
Posts that are entirely or substantially in all-capitals or that use formatting that make them difficult to read
Posts with repeated comments, made multiple times by the same member in a single thread or in multiple threads
Posts that resemble ‘spam’ or that serve no apparent purpose other than advertising a product or organization that is unrelated to the discussion.
Posts that include images or videos that clearly violate Hare Pin Media’s shooting rules
Posts that include copyright infringing material, or any material that could result in infringement of any third party intellectual property, privacy or publicity rights
Posts in which the poster misrepresents him or herself or impersonates an employee of Hare Pin Media, a model, performer, rigger, or any other member of the community
Posts made using an account that is not registered to the individual posting.
Posts that offer anything for sale to users of the site other than Hare Pin Media products offered by or through Hare Pin Media
Posts that solicit anything for purchase from users of the site other than Hare Pin Media products offered by or through Hare Pin Media
Posts with attachments that may include viruses or other harmful software.
Any other post that Hare Pin Media determines to be inappropriate, abusive, or disruptive
Posts that reference activities or contain content that in any way, shape or form could be considered illegal
Posts that otherwise violate the terms and conditions of these Terms of Use, Hare Pin Media’s Community Guidelines, and all applicable local, national, and international laws and regulations
COPYRIGHT INFRINGEMENT
In order to post any photo, graphic, audio or video content to Hare Pin Media’s websites or forums, you must act in accordance with the following declarations:
You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all content that you submit to Hare Pin Media’s sites, and that you have secured all third party consents, licenses, waivers and permissions necessary to submit such content.
You represent and warrant that the content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
YOU AGREE TO INDEMNIFY AND HOLD Hare Pin Media HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THESE POSTING GUIDELINES.
Please understand that Hare Pin Media’s Terms of Use indicate that repeat infringers or those who misrepresent copyright on posted material may have their access to Hare Pin Media’s sites permanently rescinded.
COPYRIGHT INFRINGEMENT TAKE-DOWN NOTIFICATION
If you believe that work published at Hare Pin Media infringes upon an existing copyright, send written notification that includes the following elements, pursuant to Title 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act. Please consult your legal counsel for specific requirements.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The URL of copyrighted work allegedly infringed, or if multiple works are allegedly infringed, a representative list.
Your ticklefreaks.com username, mailing address, telephone number, and email address at which you may be contacted.
A statement that you believe in good faith that use of the material is not authorized by the copyright owner or otherwise under the law.
A statement that the information in your communication is accurate under penalty of perjury, and that you as the complaining party are authorized to act on behalf of the owner of the copyright allegedly infringed.
Copyright Infringement Notices should be mailed, faxed or emailed to Hare Pin Media’s designated Copyright Agent at the following address:
Attn: DCMA Request
Hare Pin Media, LLC
4270 Cameron Street
Las Vegas NV 89103
Email: [email protected]
If you send notification by email, please include “DCMA Request” as the subject line.
If you are not sure whether the material infringes someone else’s copyright, please contact an attorney before contacting Hare Pin Media. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material is infringing upon a copyright may be subject to liability.
USER MISCONDUCT
Failure to comply with any of the above Terms and conditions or heed Hare Pin Media’s warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
Hare Pin Media has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
Does not comply with the above outlined “User Participation Guidelines”
Might violate any law, infringe upon any rights of third parties, or subject Hare Pin Media to liability for any reason
Might adversely affect Hare Pin Media’s public image, reputation or goodwill
Should be taken down for any other reason deemed appropriate by Hare Pin Media
BILLING QUESTIONS
Our Frequently Asked Questions covers most billing questions.
QUESTIONS REGARDING Hare Pin Media’S TERMS OF USE POLICY
If you have any questions about Hare Pin Media’s Terms of Use or the practices or policies described herein, you may contact our us at [email protected]
