HC Multimedia, Inc., a Nevada limited liability company, and HC Media s.r.o., a company organized under the laws of the Czech Republic (collectively, “Company”), welcomes you to www.cockyboys.com (“Platform”). For users in the EU, HC Media operates the Platform. For users outside the EU, HC Multimedia operates the Platform.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS REQUIRED FOR YOU TO ACCESS THE WEBSITE AND THE CONTENT AND SERVICES PROVIDED THROUGH SAID WEBSITE.
It is important to us that you and other visitors have the best possible experience while using the Platform, and that, when you use the Platform, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and us that governs your use of the Platform, including any content, functionality, and services offered on or through the Platform. You may access the Platform only if you agree to this agreement. Please pay special attention to the following sections of this agreement: (1) disclaimer of warranties (section 16); (2) limit on liability and exclusion of damages (sections 17 and 18); (3) place for resolving disputes (section 22 and 23); (4) arbitration (section 23.1); (5) class action waiver (section 23.5); and (6) limitation on time to file disputes (section 23.6).
Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and the Company may have against each other are resolved (see section 23 below), including an agreement and obligation to arbitrate disputes, which will require you to submit claims you have against the Company to binding arbitration. Please read the arbitration provision (section 23.1) in this agreement as it affects your rights under this agreement.
Section 230(d) Notice: Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Child Pornography Prohibited: We prohibit pornographic content involving minors on the Platform. We only allow visual media of consenting adults for consenting adults on the Platform. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Platform, please promptly report this to us at email@example.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography.
Prostitution and Sex Trafficking Prohibited: We prohibit using the Platform or its Interactive Services in any way to engage in, participate in, assist, support, promote, solicit, or facilitate any act of prostitution of another person or sex trafficking of another person. This includes using the Platform or its Interactive Services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Platform, please promptly report this to us at firstname.lastname@example.org. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We will terminate the account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
1.1 The Platform allows you to purchase access to certain features, content, and various other services provided by third-party content creators that are adult-oriented in nature.
1.2 This agreement applies to all users of the Platform, whether you are a “visitor” or a “registered user.” By checking the appropriate box during registration, making a purchase from a content creator, or accessing any part of the Platform, you consent to this agreement. If you do not want to consent to this agreement, you must leave the Platform. If you breach any part of this agreement, we may revoke your license to access the Platform, block your access, and suspend or cancel your account (if you have one).
1.3 We are not liable for anything that you post or say while you are on the Platform. We do monitor the content posted to the Platform and, if we do see, or someone tells us that you have posted something that we consider inappropriate or offensive, we will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
1.4 We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Platform after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Platform.
1.5 If you have any questions about this agreement or any questions or comments about the Platform, please email us at email@example.com.
2. Adult-Oriented Content.
The Platform contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Platform. If you do not meet these age requirements, you must not access the Platform and must leave now. By accessing the Platform, you state that the following facts are accurate:
2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;
2.2 You are aware of the adult nature of the content available on the Platform, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
2.3 You are familiar with your community’s laws affecting your right to access adult-oriented materials;
2.4 You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;
2.5 You are voluntarily requesting adult-oriented materials for your own private enjoyment;
2.6 You are not accessing the Platform from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
2.7 You will not share these materials with a minor or otherwise make them available to a minor.
3. Accessing the Platform. We may withdraw or amend this Platform, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Platform and its content.
4. Your account
4.1 Account Creation. To access many of the Platform’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the applicable registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes another person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Platform, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
4.2 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this agreement.
4.3 Liability for Account Misuse. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person because of someone else using your password or account.
4.4 Use of Other Accounts. You must not use anyone else’s account at any time.
4.5 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Platform’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
5. Intellectual Property Rights
5.1 Ownership. The Platform and all content, information, and other materials on the Platform, including the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 License Grant. The Company hereby grants you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Platform and the Materials for your personal use or internal business use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Platform, except as follows:
Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platform website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
If we provide social media features with certain content, you may take those actions as are enabled by those features.
5.3 License Restrictions.
You must not:
Modify copies of any Materials from the Platform.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Platform.
You must not access or use for any commercial purposes any part of the Platform or the Materials available through the Platform unless we agree otherwise in writing.
If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Platform will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Platform or any content on the Platform is transferred to you, and we reserve all rights not expressly granted. Any use of the Platform not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
5.4 Trademarks. The Company’s name and logo; the term Cockyboys; the Platform’s logo; and all related names, logos, product and service names, domain names, designs, and slogans, as well as the Platform’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company or its affiliates or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Platform are the marks of their respective owners. Reference on the Platform to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.
6. Prohibited Uses.
6.1 You may use the Platform only for lawful purposes under this agreement. You must not use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about the export of data or software to and from the US or other countries).
To exploit, harm, or to attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards stated in this agreement.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as we determine, may harm us or the Platform’s users or expose them or us to liability.
6.2 Additionally, you must not:
Use the Platform in any way that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform, including their ability to engage in real-time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the Platform’s Materials.
Use any manual process to monitor or copy any of the Platform’s Materials or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the Platform’s proper working.
7. User Access
7.1. In General. The Platform contains profiles and other interactive features (collectively, “Interactive Services”) that allows users to access video content, and images, on the website (collectively, “User Access”) on or through the Platform.
8. Monitoring and Enforcement; Termination
8.1 We may:
Remove or refuse to post any content for any or no reason at our sole discretion.
Take any action concerning any content that we consider necessary or appropriate in our sole discretion, including if we believe that the content violates this agreement, including the Content Standards stated in section 10, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of the Platform’s users or the public, or could create liability for the Company.
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any reason or no reason, including violation of this agreement.
8.2 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.
8.3 We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
9. Copyright Infringement. If you believe that any content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
10. Third-Party Content.
10.1 We may provide other third-party content on the Platform (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content. We do not create Third-Party Content or update it. Third-party materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any third-party materials. You further acknowledge that you may be exposed to third-party materials that are inaccurate, offensive, indecent, obscene, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to these third-party materials.
10.2 You are responsible for deciding if you want to access or use third-party websites or applications that link from the Platform (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them, and we are not making any representations or warranties regarding the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Offsite Communications. You must not use the Interactive Services to arrange face-to-face meetings outside of the Platform with any content creator or other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a content creator outside of the Platform or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Platform with any content creator or other user you meet on the Platform.
12. Changes to the Platform. We may update the content on this Platform from time to time, but the Platform’s content is not necessarily complete or up to date. The Platform’s material may be out of date at any given time, and we are not required to update that material.
14. Terms of Sale
14.1 In General. The Platform allows you to buy access to certain content in exchange for a one-time or recurring fee, as applicable to the relevant content. Items that cost money may include full-length video clips and images.
14.2 Payment. We accept payment via the payment methods identified on the Platform before checkout. You must have a valid accepted form of payment to make a purchase. You must abide by any relevant terms of service or other legal agreement that governs your use of a given payment method. Prices may change at any time, and we do not offer price protection or refunds in the event of a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. We or our payment processor will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
14.3 Recurring Billing. If you buy an automatically renewing subscription, you authorize us or our payment processor to charge your payment method the subscription fee in effect when you originally signed up and any other applicable charges, such as taxes or possible transaction fees. Your subscription will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length at the same rates. You must cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.
14.4 Taxes. You are responsible for any applicable national, state, or local sales or use taxes, value-added taxes (“VAT”), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
14.5 Refunds.We honor refunds for any reason. If you have an issue, please email us at firstname.lastname@example.org and for Segpay customer inquiries visit Segpay support here: Segpay Support
14.6 Subscription Cancellations. If you buy an automatically renewing subscription you may cancel that subscription at any time before the end of the current billing period. The cancellation will take effect on the next billing period. You will have access to the subscription from the time you cancel until the start of the next billing period. You will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any time through the Platform or by contacting us at email@example.com
and for Segpay customer inquiries visit Segpay support here: Segpay Support
14.7 Billing Errors. If you believe that we have charged you in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not let us know in writing of an error within this period, you waive any disputed charges. You must submit any billing disputes by email to firstname.lastname@example.org and include a detailed statement describing the nature and amount of the disputed charges. For Segpay customer inquiries visit Segpay support here: Segpay Support
We will correct any mistakes in a bill and add or credit them against your future payments.
15. Access Outside of the United States. The operator of the Platform is based in the state of Nevada in the United States of America. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
16. Warranty Disclaimers
16.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Platform will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Platform for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material because of your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on the Platform, or on any website linked to it.
16.2 You use the Platform, the Materials, and any services or items obtained through the Platform at your own risk. We provide the Platform, the Materials, and any services or items obtained through the Platform “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty with respect to the Platform’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Platform, the Materials, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Platform or the server that makes it available are free of viruses or other harmful components; or (4) that the Platform or any services or items obtained through it will otherwise meet your needs or expectations.
16.3 We are not making any warranty about the Platform, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Platform, or elsewhere will create any warranty not expressly stated in this agreement.
17. Limit on Liability; Release
17.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of Materials.
Personal injury or property damage resulting from your access to and use of the Platform or the Materials.
Materials or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.
Interruption or cessation of transmission to or from the Platform.
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Platform by any person or that might infect your computer or affect your access to or use of the Platform, your other services, hardware, or software.
Incompatibility between the Platform and your other services, hardware, or software.
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Platform.
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Platform.
17.2 You volitionally release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of content or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
18. Exclusion of Damages; Exclusive Remedy
18.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
18.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Platform or the content. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
18.3 If you are dissatisfied with the Platform or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Platform. The maximum liability of the Company and its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount you have paid for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
19. Waiver of California Civil Code Section 1542.
With respect to the releases of liability stated in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
20. Scope of Disclaimers, Exclusions, and Limits.
The disclaimers, exclusions, and limits stated herein apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
21.1 In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (“Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: (a) your access of, or conduct on, the Platform; (b) your conduct offline; (c) your breach of this agreement; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
“Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
21.3 Indemnified Party’s Duty to Notify You.
If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
21.4 Legal Defense of a Claim.
The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
21.5 No Exclusivity.
The Indemnified Parties’ rights under this section 21 do not affect other rights they might have.
22. Governing Law and Jurisdiction
22.1 If you reside outside the EU, Nevada law governs all matters arising out of or relating to the Platform or this agreement without giving effect to any conflicts of law principles. If you reside inside the EU, Czech Republic law governs all matters arising out of or relating to the Platform or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
22.2 If you reside outside the EU, all disputes arising out of or relating to the Platform or this agreement that are not subject to arbitration under section 23.1(a) will be subject to the exclusive jurisdiction and venue of the United States District Court for the Central District of Nevada or any state court in Washoe County, Nevada, and each party hereby submits to the personal jurisdiction of those courts. If you reside inside the EU, all disputes arising out of or relating to the Platform or this agreement that are not subject to arbitration under section 23.1 will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in Prague, Czech Republic, and each party hereby submits to the personal jurisdiction of those courts. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
23. Alternative Dispute Resolution
23.1 Arbitration. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how the Company has handled any complaint, you may want to contact the alternative dispute resolution provider the Company uses.
Non-EU Users. If you are located outside the European Economic Area (EEA), all claims and disputes arising under or relating to this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available). The parties will abide by all rules of ARS as found in their website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. The arbitration will be conducted in the English language. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. If a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
EU Users. If you are located inside the EEA, you can submit a complaint to Česká obchodní inspekce via its website at www.coi.cz. Česká obchodní inspekce will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes also may be submitted for online resolution to the European Commission Online Dispute Resolution platform (ec.europa.eu/consumers/odr).
23.2 Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 23 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
23.3 Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section 23.3, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
23.4 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
23.5 Class Action Waiver.All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
23.6 Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Platform more than one year after the cause of action arose. Any claim brought after one year is barred.
24.1 Entire Agreement.This agreement constitutes the entire agreement between you and us about your use of the Platform, and it supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on the Platform will govern the items to which they pertain.
24.2 Changes. We may change this agreement on one or more occasions. We will try to post changes on the Platform before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Platform after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Platform. If you need more information about the changes or have any other questions about the changes, please contact us at email@example.com
24.3 Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 24.3 is void.
24.4 Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
24.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Notice to Us. You may notify us by email to firstname.lastname@example.org unless the Platform provides a specific email address for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Platform. Please check the Platform for the most current information for sending notice to us.
Notice to You—Electronic Notice.You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Platform chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
24.7 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
24.8 No Third-Party Beneficiaries. This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
24.9 Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
24.10 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Platform to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Platform may read all messages you send to the Platform regardless of whether they are intended recipients.
24.11 Electronic Signatures. Any affirmation, assent, or agreement you send through the Platform will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
24.12 Consumer Rights Information—California Residents
Only. This section 24.12 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
HC Multimedia, Inc.
401 Ryland Street Suite 200-A
Reno, NV 89502
Users who wish to gain access to the password-restricted area of the Platform must register. We do not charge consumers for registering, but content creators charge for various paid services. You may contact us at email@example.com to resolve any billing disputes or to receive further information about the Platform
24.13 Complaints—California Residents Only.You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
24.14 Unsolicited Idea Submission Policy. We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You agree that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
24.15 Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 24.14 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
24.16 Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.
24.17 English Language. We drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
24.18 Your Comments and Concerns.You should direct all feedback, comments, requests for technical support, and other communications relating to the Platform to us by email at firstname.lastname@example.org or by phone at (800) 685-6236 (USA only) or 1-818-880-9021 (Outside USA).
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