A. By using and/or visiting this website (collectively, including all content and functionality available through the Shakinit.com domain name, the "Shakinit Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Shakinit's DMCA Policy, found at http://shakinit.com/dmca.html , and (3) Shakinit's 2257 Policy, found at http://shakinit.com/2257.html. If you do not agree to any of these terms, the Shakinit DMCA Policy, or the Shakinit 2257 Policy, please do not use the Shakinit Website.
B. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version http://www.Shakinit.com/disclaimer.html). Shakinit may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Shakinit Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Shakinit Website includes all aspects of Shakinit, including but not limited to all products, software and services offered via the website such as the Shakinit "Profiles", the Shakinit "Embedder" the Shakinit "Forum" and other applications.
B. The Shakinit Website may contain links to third party websites that are not owned or controlled by Shakinit. Shakinit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Shakinit will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Shakinit from any and all liability arising from your use of any third-party website.
A. In order to access some features of the Website, you will have to create a Shakinit Forum account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Shakinit immediately of any breach of security or unauthorized use of your account.
B. Although Shakinit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Shakinit or others due to such unauthorized use.
Shakinit hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to Models Videos (defined below), without Shakinit's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Shakinit's Embedder or any of its related technologies.
C. You agree not to access Models Videos (defined below) or Shakinit Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means Shakinit may designate.
D. You agree not to use the Website, including the Shakinit Embedder for any commercial use, without the prior written authorization of Shakinit. Prohibited commercial uses include any of the following actions taken without Shakinit's express approval:
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Shakinit servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Shakinit grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Shakinit reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Models Videos.
H. You agree not to leave rude, defamatory or otherwise offensive comments on the Shakinit Forum or the Shakinit Profiles.
I. In your use of the website, you will otherwise comply with the terms and conditions of these Terms and Conditions, Shakinit DMCA Policy, Shakinit 2257 Policy and all applicable local, national, and international laws and regulations.
J. Shakinit reserves the right to discontinue any aspect of the Shakinit Website at any time.
Shakinit Profiles allow a selected number of users (from now on "Models") to submit and publish video content (from now on "Models Videos").
The following applies to all the models publishing videos on the Shakinit.com profiles unless we have a different written and signed contract with you.
A. As a Shakinit Profile account holder ("Model") you may submit video content ("Models Videos"). You understand that whether or not such Models Videos are published, Shakinit does not guarantee any confidentiality with respect to any Models Videos.
B. You shall be solely responsible for your own Models Videos and the consequences of posting or publishing them. In connection with Models Videos, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Shakinit to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Models Videos to enable inclusion and use of the Models Videos in the manner contemplated by the Website and these Terms and Conditions.
C. For clarity, you retain all of your ownership rights in your Models Videos. However, by submitting Models Videos to Shakinit, you hereby grant Shakinit a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Models Videos in connection with the Shakinit Website and Shakinit's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Shakinit Website (and derivative works thereof) in any media formats and through any media channels. You understand and agree that Shakinit may retain server copies of Models Videos that have been removed or deleted.
D. In connection with Models Videos, you further agree that you will not 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 Shakinit all of the license rights granted herein.
E. You further agree that you will not, in connection with Models Videos, submit material that is contrary to applicable local, national, and international laws and regulations.
F. Shakinit does not endorse any Models Submission or any opinion, recommendation, or advice expressed therein, and Shakinit expressly disclaims any and all liability in connection with Models Videos. Shakinit does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Shakinit will remove all Content and Models Videos if properly notified that such Content or Models Videos infringes on another's intellectual property rights. Shakinit reserves the right to remove Content and Models Videos without prior notice.
G. As a model you declare to be at least 18 years old and agree to submit an authentic proof of age ID as soon as required. Refusing to comply will cause the termination of your account
As an User, you may have the option to access exclusive Models Videos published by the Models by paying for a Premium Membership and becoming a Premium Member. As a Premium Member you have to agree with the following terms:
A. You declare to be over the age of 18 and that you have the legal right to view, possess or download adult material.
B. You understand that the material available to Premium Members may involve language, content, images, sounds and themes of an explicit adult nature.
C. You agree that you will not hold Shakinit.com responsible for any materials located on these Profiles.
D. There are no scheduled or guaranteed updates for the Shakinit Profiles.
E. The Shakinit Profiles contain copyrighted content and the redistributing of this content is strictly prohibited.
F. You are only allowed to download Models Videos for your personal, private, non commercial use.
G. You are not allowed to share your Premium Member username or password.
H. For any complaint and support request you will contact only firstname.lastname@example.org . We will reply in less then 48 hours.
I. You agree that you are solely responsible for any action you take that does not comply with the terms of this agreement.
J. Users found infringing copyright laws or using stolen credit cards will have their Premium Membership canceled and will be subject to a lifetime IP ban from the Shakinit website and all the affiliated websites. Log details will be sent to their internet providers.
A. Shakinit will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Shakinit reserves the right to decide whether Content or a Models Video is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, obscene or defamatory material. Shakinit may remove such Models Videos and/or terminate a User/Model's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE Shakinit WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Shakinit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Shakinit 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 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) 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 (V) ANY ERRORS OR OMISSIONS IN 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 Shakinit WEBSITE. Shakinit DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Shakinit WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Shakinit 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.
IN NO EVENT SHALL Shakinit, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) 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 (V) 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 Shakinit WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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 Shakinit 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 Shakinit from its facilities in the United States of America. Shakinit makes no representations that the Shakinit Website is appropriate or available for use in other locations. Those who access or use the Shakinit Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Shakinit, 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: (i) your use of and access to the Shakinit Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Shakinit Website.
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 Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Shakinit Website is not intended for users under 18. If you are under 18 years of age, then please do not use the Shakinit Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Shakinit without restriction.
You agree that: (i) the Shakinit Website shall be deemed solely based in California; and (ii) the Shakinit Website shall be deemed a passive website that does not give rise to personal jurisdiction over Shakinit, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Shakinit that arises in whole or in part from the Shakinit Website shall be decided exclusively by a court of competent jurisdiction located in San Mateo County, California. These Terms of Service, together with the Privacy Notice at http://www.Shakinit.com/t/privacy and any other legal notices published by Shakinit on the Website, shall constitute the entire agreement between you and Shakinit concerning the Shakinit Website. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Shakinit's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Shakinit reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Shakinit Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Shakinit AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Shakinit WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.