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Terms and Conditions DarkFlicks terms of service
DarkFlicks, the most popular custom video producer and distributor is intended for Adult audiences and should only be viewed by people over the age of 18.
The following definitions apply to the Terms of Service (TOS). The terms "User" means any person or entity that (a) streams/downloads, attempts to stream/download or otherwise utilizes any uniform resource locator ("URL") that resides entirely upon a server owned or operated by DF; (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by DF or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by DF; and (d) contacts, accesses or views DF or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber. The term "Subscriber" means a User who pays a fee (determined from time to time by DF in its sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by DF, including without limitation, through the use of an approved User name and password. The term "Content" means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind. The term "Services" means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User's ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber's Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to stream/download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User's credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site. The term "Site" means the website www.DarkFlicks.com. The term "DarkFlicks or DF" is an assumed business name of JL Productions Inc., a Florida Corporation. Without limiting the foregoing, for the purposes of the TOS, DarkFlicks and DF means JL Productions Inc. A Florida based company. The term "Transmit" or "Transmission" means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site. The term "Pornographic" means still photography or video footage that contains depictions of sexual acts such as vaginal, anal or oral penetration or other sexually explicit acts.
ACCEPTANCE OF TERMS:
The Services and Content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by DF, in DarkFlicks sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site, including, without limitation and by way of example only, information included in the part of the Site called "THE FAQ", "Hookup" or "Groups". When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.
AGE AND LEGAL ACCESS CERTIFICATION:
By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User's area affecting User's legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that DF has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User's own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
REGISTRATION OBLIGATIONS AND SECURITY:
In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by the DarkFlicks registration and profile date forms, or any other questionnaire or information input format, which requests information from or about User, and (b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, a User's access to or use of the Site may be suspended or terminated (without cost to DarkFlicks and without obligation for reimbursement of any fees previously paid by a Subscriber to DF) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided in the TOS. Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login username and password (or other identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber's login user name or password, and neither the login username or password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of DF, which consent may be withheld in DarkFlicks sole discretion. Each Subscriber agrees immediately to notify DF of any unauthorized use of such Subscriber's name or password, and each User agrees immediately to notify DF of any unauthorized use any other breach of security with respect to the Site known by such User.
User acknowledges and understands that all Content a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by DF and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not DarkFlicks, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, DF does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does DF make any representation or other warranty with respect to such Content. Without limitation, and by way of example only, Users may email to the Site calendar events DarkFlicks does not regularly, and may not ever, review the accuracy or consistency of such calendar events. User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees not to use the Site to:
Under no circumstances:
will DarkFlicks be liable or responsible in any manner for any Content that DarkFlicks posts to the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any Content, including Content posted to the Site by DarkFlicks. User acknowledges and agrees that DarkFlicks may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if DarkFlicks believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of the Site or DarkFlicks, its Users or the public. User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
Users agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES:
Except as otherwise provided by a separate agreement between a User and DarkFlicks , DarkFlicks does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In its sole discretion, DarkFlicks may condition Site display of User Transmitted Content upon such User becoming a Subscriber. Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to DarkFlicks a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works..User represents and warrants that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, DarkFlicks has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content. Users acknowledge that DarkFlicks may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by DarkFlicks on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that DarkFlicks has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to, streamed or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that DarkFlicks reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.
CUSTODIAN OF RECORDS:
Without limiting any other matter contained herein, User represents and warrants that with respect to any Content a User has produced and Transmits to the Site which contains depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, such User represents and warrants that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC Section 2257 have been obtained and will be maintained by User in compliance with such law and will be provided to DarkFlicks promptly upon request by DarkFlicks. With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by DarkFlicks (other than depictions Transmitted by a User as described in the preceding sentence), records required by 18 USC Section 2257 are kept by the custodian of records, at JL Productions Inc.. The custodian can be reached electronically at Support@JLvids.com or via mail at JL Productions Inc. 2790 Diane Terrace Clearwater Florida 33759
DarkFlicks and the DL logos are service marks and trademarks of JL Productions Inc. (DarkFlicks) and may be used publicly only with the express prior written consent and permission of DarkFlicks . Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all Content and Services on the Site are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded, streamed, or downloaded in any way without the prior written consent and permission of DarkFlicks . DF does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.
LIMITED LICENSE AND ACCEPTABLE USE:
DarkFlicks provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of DarkFlicks. Users of the Site are granted a single, personal, non-transferable license to stream/download (on a single computer only) one copy of any of the Content found on the Site made available for streaming/downloading for personal, non-commercial use only. DarkFlicks reserves the right to limit the amount of Content streamed/downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the Content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site; (4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. SuicideGirls reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has streamed/downloaded or otherwise copied from the Site. DarkFlicks reserves all other rights coincident or related to the Site. The use of stream/download managers, for example Gozilla, Wget, HTTrack, or others - to stream/download more than one (1) image or movie file at a time, which is available for stream/download, is strictly prohibited and will result in termination of a Users right to access any portion of the Site.
DarkFlicks reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). DarkFlicks may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by DarkFlicks, in its sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.
DarkFlicks may, in its discretion, terminate Site access of any User that DarkFlicks believes, in its sole discretion, is Transmitting or is otherwise connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay DarkFlicks liquidated damages equal to $5 for each piece of spam or unsolicited bulk email Transmitted from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay DarkFlicks actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
ACCOUNTS NOT INTENDED FOR COMMERCIAL USE:
The contact form, comment forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. DarkFlicks may, in its discretion, terminate Site access of any User that DarkFlicks believes, in its sole discretion, is posting or is otherwise connected with any commercial soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay DarkFlicks liquidated damages equal to $10,000 for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay DarkFlicks actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by DarkFlicks and User acknowledges that DarkFlicks is not responsible for the content of any such linked site or any link contained in a linked site. DarkFlicks provides such links only as a convenience, and the inclusion of any link does not imply endorsement by DarkFlicks of any linked site.
JURISDICTION AND VENUE:
This Site is owned and operated by DarkFlicks doing business in Clearwater Florida. DarkFlicks make no representation that any of the Content or Services available on the Site is appropriate or available for use in other locations. The TOS is governed and construed by California law, without regard to conflicts of law provisions. In the event of a dispute arising out of or relating to the TOS, or a User's use of or access to the Site, any suit must be brought in state or federal court in the County of Pinellas, State of Florida and User agrees to submit to the personal and exclusive jurisdiction of such courts located in such county.
Each User indemnifies and holds DarkFlicks , and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.
Notices by DarkFlicks to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to DarkFlicks must be given by e-mail or regular mail, postage prepaid at the following address: JL Productions Inc. 2790 Diane Terrace Clearwater Florida 33759. Any question, complaint or notice to DarkFlicks by means of e-mail must be sent to Support@JLvids.com
SERVICES FOR CUSTOMERS AND MODELS:
DarkFlicks allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in such services, the Subscriber must (i) be at least 18 years of age; (ii) populate every field on every form presented to User with accurate data; (iii) have a valid e-mail address; and (iv) agree to be bound by the TOS or any other agreement governing User's use of the service or particular resource described in the preceding sentence. User's failure to populate every field may result in the User's waiver of certain rights under the TOS or other applicable agreements.
To be paid out through DarkFlicks , information such as name, email address, and banking information will be collected and shared with third parties. You expressly authorize JL Productions Inc., to originate credit transfers to your financial institution account. The user's name, email address, and banking information will be collected and shared with third parties
By submitting credit or debit card ("Bank Card") data to DarkFlicks , User authorizes DarkFlicks in its sole discretion to submit financial transactions to such User's issuing bank for settlement. User agrees that once DarkFlicks has approved or declined the User's transaction, DarkFlicks has fully performed under the terms of the TOS or other applicable agreements.
If a User believes that there is an error on User's Bank Card statement arising from or related to a transaction authorized by User, including an incorrect amount or unauthorized transaction reflected on User's Bank Card statement or transaction summary, User agrees to contact DarkFlicks within a timely manner. Upon proper notification, DarkFlicks, in its sole discretion, may issue a credit to User's Bank Card:
DarkFlicks honors and respects the intellectual property rights of others and requires that users do the same. As noted above, users may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret, publicity, privacy or other proprietary rights of any entity or person. As part of our Copyright Policy, in appropriate circumstances and at our sole discretion, DarkFlicks will terminate or disable access of any User determined to be a repeat infringer. DarkFlicks further reserves the right, at our sole discretion, to terminate or disable the account of any User who infringes the copyright or other intellectual property rights of third parties, regardless of whether such User is deemed to be a repeat infringer. DarkFlicks is unable to mediate or resolve trademark disputes between users.
Sharing your content will result in account termination.
DarkFlicks does not distribute, rent or sell Customer Information to third parties, other than (i) with the User's consent (including, for example, when a User Transmits for public display on the Site Customer Information, or a portion thereof) or (ii) as otherwise permitted by the TOS.
You may contact us at any time at Support@JLvids.com or 727-953-2981 and request any of the following: A copy of the information we have on file about you, change/correct any data we have on you, have us delete any personal data we have on you, express any concern you have about our use of your data
DarkFlicks uses Customer Information as necessary to facilitate a User's viewing of the Site and to communicate with the User. DarkFlicks also uses Customer Information to compile broad demographic and Site usage information about the Site Users, for its internal business use, but such compilations generally do not contain anything that could be used to identify a User personally. A User will not receive any email from DarkFlicks unless the User has requested it and a User can indicate at any time that the User does not wish to receive email information from DarkFlicks. DarkFlicks takes reasonable precautions to maintain the security of Customer Information. When you submit sensitive information via the website, your information is protected both online and offline. When we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g, billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.
DarkFlicks itself does not process credit cards, and does not collect or store complete credit card information. We rely on trusted third-party payment processors, providers, and gateways to process transactions for our website. We do not have access to your complete credit card information.
Custodian of Records:
All persons who appear in any visual depiction contained on DarkFlicks were 18 (eighteen) years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, JL Productions Inc. 2790 Diane Terrace Clearwater Florida 33759. The custodian can be reached electronically at Support@JLvids.com
The operator of DarkFlicks.com adopts the following Section 2257 Records Keeping Disclosure Statement for depictions found on this site subject to statutory compliance:
All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct depicted on this Website are required to be over the age of eighteen (18) years at the time the visual image was produced. Records mandated for all depictions of actual or simulated sexually explicit conduct required by Title 18 U.S.C. §§2257 & 2257A and 28 C.F.R. §75, et seq., are on file with the appropriate Records Custodian and will be made available to authorized inspectors at the following address: 2790 Diane Terrace Clearwater Florida 33759. The operator of DarkFlicks.com adopts the following Section 2257 Records Keeping Exemption Statement for depictions found on this site exempt from statutory compliance.