THIS AGREEMENT (the Agreement) CONTAINS IMPORTANT PROVISIONS THAT GOVERN, LIMIT AND DEFINE YOUR LEGAL RIGHTS AND OBLIGATIONS IF YOU (the User or you) CHOOSE TO VIEW AND/OR USE WWW.HUGE.COM (Huge, we). YOU MUST READ THIS AGREEMENT AND SIGNIFY YOUR CONSENT TO ITS TERMS BEFORE VISITING OR USING THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT
YOUR CONTINUED USE OR VIEWING OF THIS SITE, AFTER AN OPPORTUNITY TO
REVIEW THIS AGREEMENT SHALL SIGNIFY YOUR CONSENT TO BE BOUND BY SAME.
HUGE IS FOR ENTERTAINMENT PURPOSES ONLY!
WE ARE NOT RESPONSIBLE FOR ANY ACTIVITIES PROPOSED OR UNDERTAKEN BY
YOU OR OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT
AND ANY RISKS TAKEN BY YOU. YOU SHOULD NOT TRY TO DUPLICATE ANY OF THE
STUNTS OR ACTIVITIES THAT MAY BE VIEWED ON THIS SITE.
Adults Only
Huge is for adults only.
You represent and warrant to Huge that you are at least 18 years of
age or the age of majority in your jurisdiction, whichever is higher.
We reserve the right to reject or remove any submission(s) and terminate
the account of users who we believe, in our sole and absolute discretion,
are not the Age of Majority.
IMPORTANT
DISCLAIMERS
We do not encourage and will not knowingly use or publish any videos
that result in or from or depict any activity that: (i) in any way utilizes
any third party without such third partyâs permission or uses any
animal(s); (ii) is obscene, threatening, harassing or pornographic;
(iii) could create a risk of harm or loss to any person or animal including,
without limitation, physical or mental injury, disfigurement, disability,
physical/mental illness, emotional distress, or death; (iv) may contain
falsehoods or misrepresentations which could be harmful to the reputation
of Huge or any other third party; (v) may constitute a crime; (vi) may
constitute a violation of the legal rights of any other person including,
without limitation, privacy rights and rights of publicity; (vii) could
create a risk of any other loss or damage to any person or property.
You may not post any materials
appearing on Huge that are the work of any third party or user.
We do not endorse any of the view(s), materials, opinion(s), recommendation(s)
or advice expressed anywhere on Huge. By using Huge, you acknowledge
and agree that you may be exposed to videos, writings or other materials
which may be offensive, objectionable, inaccurate or which does not
otherwise meet your expectations and you fully assume the risk of viewing
or coming in contact with same. We do not undertake to review and assume
no responsibility for the accuracy, safety or other content of any materials
appearing on Huge regardless of the source of such content.
Warranty of User
You warrant and covenant that
any user submission you may make will not violate the terms set forth
herein. You further warrant and covenant that you will not either intentionally
or unintentionally inflict emotional distress on any third party, humiliate
any third party either publicly or otherwise, assault, batter or in
any way threaten other people, trespass on the property of any third
party, film in any location without permission, or otherwise engage
in any activity that may result in injury, death, property damage, and/or
liability of any kind.
You further warrant and covenant
to Huge that you have obtained and possess all copyright, patent, trademark
and all other proprietary rights to grant the rights granted by you
in this Agreement. You also warrant and covenant that you have the written
consent of each and every identifiable third person which appears in
any User Submission, as such term is defined below, made by you and
that in such release each such person has released you from any and
all liability that may arise from the User Submission and granted to
you the right to license such content.
Right of Rejection
Huge reserves the right, in its sole and absolute discretion, to reject or remove any submission(s) made by User for any reason, including, without limitation:
Huge reserves the right to report any suspected, alleged or actual breach of this Agreement including criminal activity or copyright or trademark infringement to any and all appropriate authorities. Moreover, Huge reserves the right to cooperate fully in any investigation.
NOTICE: THIS SITE IS FOR ENTERTAINMENT AND COMMUNICATION PURPOSES
ONLY AND SOLELY FOR THOSE RESIDING IN JURISDICTIONS IN WHICH THE MATERIALS
APPEARING ON HUGE ARE NOT IN VIOLATION OF ANY LAW, REGULATION, STATUTE,
ORDINANCE OR RULE.
License to
Huge
By submitting or posting to Huge any video or any other visual, audio
or other communication to Huge (a "User Submission"), you
expressly grant to Huge a royalty-free, worldwide, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, edit, translate, publish,
distribute, perform, display, make derivative works of and/or otherwise
exploit any and all User Submission(s), and to use your name, any and
all aliases, voice, and/or likeness as contained in your User Submission,
in whole or in part. You further grant Huge the right to exploit
all rights granted herein in any form, media or technology, whether
now known or hereafter developed, including in association with any
and all promotion, advertising, marketing, merchandising, publicity
and any other ancillary uses thereof. You acknowledge and agree
that Huge shall have the right to sublicense, assign, sell or otherwise
make such rights available to any third party(ies) in perpetuity, throughout
the universe. You further acknowledge and agree that Huge is a public
website and that by posting or submitting any User Submission(s) you
waive any and all privacy rights in association with the User Submission(s)
and you association with same.
Huge Proprietary Rights
You acknowledge and agree that
Huge and its affiliates are the sole and absolute owner of the owner
of all copyrights, trademarks, and other proprietary rights of Huge,
its users and/or its affiliates. You acknowledge and agree that you
have no right to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from any materials or content which appears
on or may be accessed through use of Huge. Use of the content or materials
on the Website for any purpose not expressly permitted by this Agreement
is strictly prohibited.
Using Huge
In order to use certain sections
or features of Huge you will be required to create an account with Huge.
You may be required to provide information including your email address,
age, location and name. By submitting such registration information
through Huge, you warrant and covenant that such information is accurate
and current. You acknowledge and agree that it is your responsibility,
and required by this Agreement, that you keep this information up-to-date
at all times. We reserve the right to refuse to accept your registration
application for an account for any reason whatsoever in Hugeâs sole
and absolute discretion.
User Name and Password
When completing the registration
application to become a member of Huge, you will be required to supply
a unique username and a password. You acknowledge and agree that
you are solely responsible for keeping your username and password confidential.
Furthermore, you agree that you are solely responsible for any and all
activity using your user name and password.
Digital Millennium Copyrights Act Notice
Huge respects the intellectual property of others, and we ask our users
to do the same. We voluntarily observe and comply with the United States'
Digital Millennium Copyright Act (DMCA). If you believe that your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please
provide Hugeâs Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual property
interest;
(b) description of the copyrighted work or other intellectual property
that you claim has been infringed;
(c) a description of where the material that you claim is infringing
is located on Huge;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to our DMCA Agent:
Lawrence G. Walters, Esq.
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 975-9150
Fax: (407) 774-6151
DO NOT SEND ANY OTHER INQUIRIES
TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: info@huge.com
Indemnification
You agree to defend, indemnify and hold harmless Huge and its owners,
managers, employees and agents from and against any claim, cause of
action, liability, loss or harm caused by or arising from your breach
of any of the warranties and representations contained herein and with
respect to any breach of any term of this Agreement.
Rules for Use of Huge
Huge reserves the right to
terminate or suspend the account of any user who Huge believes, in its
sole and absolute discretion, has breached any term(s) of this Agreement.
Indemnification
You hereby agree to defend, indemnify and hold harmless Huge along with
its affiliated entities, agents, managers, employees, attorneys, contractors,
agents, officers and directors, from and against any and all claims,
damages, obligations, losses, liabilities, costs, and expenses, including,
without limitation, attorneys fees, arising from your use of Huge
or the activities conducted by your account on Huge.
External Links
Huge may feature links to other websites (Third-Party Sites).
Third-Party Sites are not owned or operated by Huge and Huge has no
control over and makes no representation about the materials that appear
on such Third-Party Sites. Such Third-Party Sites are not governed
by this Agreement nor Huge privacy policy.
No Warranty
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND
EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL
FAULTS" AND "AS AVAILABLE" BASIS. HUGE EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HUGE MAKES NO
WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
HUGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE
OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY
USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL
DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT HUGEâ MAXIMUM LIABILITY
TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL
BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID
US.
Limitation of Liability
YOU AND ACKNOWLEDGE AND AGREE
THAT IN NO EVENT SHALL HUGE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, ATTORNEYS
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, HUGE, INCLUDING
UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA,
OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING
OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES
WILL HUGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM
HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF HUGE OR YOUR
ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE
THAT HUGE 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. THIS LIMITATION
OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF HUGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Jurisdiction and Venue
This Agreement and all matters
arising out of or otherwise relating to these terms and conditions shall
be governed by the laws in effect in the State of Florida, without regard
to its conflict of law provisions. You and Huge hereby irrevocably submit
to the personal jurisdiction of the state and federal courts of the
State of Florida for resolution of all disputes. You and Huge hereby
agree that exclusive venue for any litigation under this Agreement shall
be with the state and federal courts located in Miami-Dade County, Florida
and hereby waive all possible objections to same including, without
limitation, forum non-conveniens.
No Waiver
You acknowledge and agree that no failure to or decision not to exercise Hugeâ rights hereunder, shall be deemed a waiver of such rights or an acceptance of such conduct on the part of User.
By accessing the Website and/or by checking the box that reads "I
have read and agree to Hugeâ Terms and Conditions" button, you
represent that you have read this Agreement in its entirety, understand
its terms and conditions and you agree to be bound by this Agreement.