Terms of Service

Terms of Service

Acceptance of Terms of Service

These Terms of Service ("TOS") constitute a binding agreement between you and the operators of TotallyDestroyed.com ("TotallyDestroyed") regarding your use of the TotallyDestroyed website, the TotallyDestroyed Community, the TotallyDestroyed Blog, and all other services provided by TotallyDestroyed (the "Service"). Please read the TOS carefully. By using the Service you agree to be bound by the TOS and by the TotallyDestroyed Privacy Policy. If you do not agree to any provision of the TOS, you should not use the Service.
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 10th of May 2011.
By accessing the Service you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.

Provision and Modification of the Service

You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by TotallyDestroyed, download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. TotallyDestroyed disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. TotallyDestroyed disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that TotallyDestroyed will not be liable for any such services, software, content, or advertising.
TotallyDestroyed reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by TotallyDestroyed or others. You agree that TotallyDestroyed will not be liable for any modification, suspension, interruption or discontinuance of the Service.

Conditions on Use of the Service

TotallyDestroyed grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
  • You will access and use the Service solely for your own personal use.
  • You will comply with all applicable laws and regulations in using the Service and any content of the Service.
  • You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
  • You will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
  • You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service;
  • You will not collect personally identifiable information, including without limitation account names or e- mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS.
  • You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment.
  • You will not defeat or interfere with any security feature of the Service, or attempt to do so.
  • You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service.
  • You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of TotallyDestroyed.

Your Conduct and Your Use of the Service

The TotallyDestroyed Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the TotallyDestroyed website, or through the TotallyDestroyed Community. User Content uploaded through the TotallyDestroyed website will generally be made public. When you upload User Content through the TotallyDestroyed Community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the TotallyDestroyed Community, or to make it public. You consent to the public dissemination of all User Content you submit through the TotallyDestroyed website, that you upload through the TotallyDestroyed Community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by TotallyDestroyed, including but not limited to User Content that you upload through the TotallyDestroyed Community and designate as public or to be shared with specified members, audio or video content submitted to the TotallyDestroyed Blog, and calls made to TotallyDestroyed Radio.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize TotallyDestroyed to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that TotallyDestroyed does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by TotallyDestroyed. You are solely responsible for creating backup copies of and replacing any User Content you submit to TotallyDestroyed or post on the Service, at your own cost and expense. You agree that TotallyDestroyed has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. TotallyDestroyed retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that TotallyDestroyed is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)

Rights to the Content on the Service

All content and components of the Service other than User Content ("TotallyDestroyed Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by TotallyDestroyed, or are licensed to TotallyDestroyed subject to copyrights or other intellectual property rights held by others. TotallyDestroyed reserves all rights to the TotallyDestroyed Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.
TotallyDestroyed provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. TotallyDestroyed reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. TotallyDestroyed reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to TotallyDestroyed an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
TotallyDestroyed does not assert any ownership over your User Content; rather, as between TotallyDestroyed and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
TotallyDestroyed may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights TotallyDestroyed obtains will apply only to the compilation, collective work, or derivative work; as between TotallyDestroyed and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize TotallyDestroyed to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.

Objectionable or Inappropriate Content

By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. TotallyDestroyed does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
TotallyDestroyed may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that TotallyDestroyed is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform TotallyDestroyed by using our contact form. TotallyDestroyed will review your message and the content to which you object (assuming it is still available through the Service). TotallyDestroyed may remove the content if, in TotallyDestroyed's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that TotallyDestroyed is not legally responsible for content that it does not originate. Neither is TotallyDestroyed legally responsible for removing content that it deems inappropriate from the Service.
TotallyDestroyed reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of TotallyDestroyed, its users and the public. You agree that TotallyDestroyed will not be liable for exercising or failing to exercise any of these rights.

Copyright

TotallyDestroyed respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
TotallyDestroyed, TotallyDestroyed.com, and other TotallyDestroyed logos and product or service names are trademarks of TotallyDestroyed. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.

Sponsors, Advertisers and Third Parties

The Service may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by TotallyDestroyed. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by TotallyDestroyed. TotallyDestroyed has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release TotallyDestroyed from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Service.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between you and such third parties. You agree that TotallyDestroyed shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
These TOS, together with the TotallyDestroyed Privacy Policy and the TotallyDestroyed DMCA Page, constitute the entire agreement between you and TotallyDestroyed and governs your use of the Site. You may be subject to additional terms and conditions that may apply when you use or purchase certain other services, such as affiliate services, third-party content or third-party software. In order to determine what those obligations may be, you understand and agree that it is your responsibility to review any and all terms and conditions of usage and privacy policies with respect to such service, content, or software.
Contacting TotallyDestroyed
If you have any questions or concerns about the TOS or the Site, please contact us using our contact form.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.
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