Ability to Accept Terms of Service
You affirm that you are at least the age of majority in the jurisdiction you are accessing this Website from and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under the applicable age of majority, please do not use this Website. You also represent that the jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents. For more information on how this information is processed, please review our Privacy Policy. Failure to, when required, to provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents will lead to the termination or suspension of your access rights to all or part of this Website.
Changes to the Terms of Service
We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of this Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
The updated version of these Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect.
About this Website
This website is oriented toward adult entertainment and art according to the age of majority in your jurisdiction, usually 18+ years - whichever is greater.
This Website and all of its content, videos, photos, music, and other works are the sole property and creations of Xander Magus. No other users may upload anything to this Website.
You understand and acknowledge that when using this Website, you will be exposed to adult content not suitable for anyone under the age of majority in your jurisdiction or the age of 18 (whichever is greater), and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
Accessing this Website
If you interact with us or with third-party service providers, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier's normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Limited, Conditional License to Use Our Intellectual Property
The domain name of our Website, any subdomains, and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Website, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or vice versa.
This Website and certain materials available on or through this Website are Content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license to use this Website and constitute copyright infringement.
Changes to this Website
We may update the Content on this Website from time to time, but its Content is not necessarily complete or up to date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your visits to this Website
All information we collect on this Website is subject to our Privacy Policy. By using this Website, you acknowledge that you have read and understand the terms of the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to this Website and Social Media Features
You can link to this Website as long as it's done fairly and legally, without damaging our reputation or implying any association, approval, or endorsement from us without our written consent.
You must not:
Display this Website or its content on another site, for instance, through framing, deep linking, or in-line linking.
Take any actions that contradict other provisions in these Terms of Service regarding the content on this Website.
The sites you link from or on which you make content accessible must fully adhere to the content standards outlined in these Terms of Service.
You agree to collaborate with us in promptly stopping any unauthorized framing or linking. We retain the right to revoke linking permission without prior notice.
We reserve the right to disable all or some social media features and links at our discretion, without prior notice.
Links from this Website
If this Website has links to other websites and resources from third parties, please note that these links are there for your convenience. This includes links in advertisements like banner ads and sponsored links. We don't control or take responsibility for the content, privacy policies, or practices of those external sites or resources. We also aren't responsible for any loss or damage that might occur when you use them. Just because we have links to or allow the use of third-party sites, apps, software, content, or ads doesn't mean we endorse or approve of them. If you choose to visit any of these third-party sites linked from this Website, you do so at your own risk and need to follow their terms and conditions.
Any interactions or transactions you have with sponsors, advertisers, or other third parties you find on this Website are solely between you and those third parties. This Website is not responsible or liable for any losses or damages that might result from these dealings or from the presence of sponsors, third parties, or advertisers on this Website.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless this Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Liability
In no event shall the Website, its officers, directors, or employees be liable in the event of damage or interruption of the Site's service due to causes external to the Website. Likewise, it will not be responsible in the event of damage or interruption caused by any computer virus, spyware, or other malware that may affect your computer or other equipment, or any identity theft (phishing), spoofing, or other type of attack. If the Issuer suspects the authenticity of a communication purporting to be from the Website, they should not accept it and must notify the Website through the enabled communication channels.
THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THIS WEBSITE OFFICERS, DIRECTORS, EMPLOYEES, SHALL NOT BE LIABLE FOR CONTENT OR FOR 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.
YOU FURTHER ACKNOWLEGE THAT ANY CONTENT UPLOADED TO THIS WEBSITE MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED, POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THIS TERMS OF SERVICE – AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Notice of Litigation
You shall notify us in writing within five (5) working days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Jurisdiction & choice of law
These Terms of Service, your use of this Website, and the relationship between you and us shall be governed by the laws of New Jersey, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to this Website. You agree that this Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New Jersey. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in New Jersey. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
The Terms of Service, our Privacy Policy, our DMCA Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.