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DIGITAL SERVICES AGREEMENT TERMS AND CONDITIONS
Welcome!
PLEASE READ THE TERMS OF SERVICE (TOS) AND ALL CONDITIONS OF USE TERMS IN THIS DIGITAL SERVICE AGREEMENT CAREFULLY BEFORE USING ANY THRIXXX PRODUCT OR RELATED SITE OR SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST DISCONTINUE USE OF ALL THRIXXX APPLICATIONS SITES & SERVICES IMMEDIATELY. PERSONS ENTERING INTO THIS AGREEMENT MUST BE 18+ YEARS OR OLDER AND/OR THE AGE OF MAJORITY IN THEIR JURISDICTIONS. WE WILL NOT ACCEPT ANY USERS OR MEMBERS UNDER THE AGE OF MAJORITY AND IF THIS AGREEMENT IS ENTERED INTO THRIXXX IS ENTITLED TO USE ANY AGE VERIFICATION METHODS DEEMED ACCEPTABLE IN DIFFERENT REGIONS OF THE WORLD TO VERIFY AGE.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED IN THRIXXX GAMES OR AT THRIXXX SITES, OR IN RELATED SERVICES ARE EXCLUSIVELY INTENDED FOR DISTRIBUTION TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATION CONTAINED IN-GAME OR AT RELATED SITES DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF MAJORITY IN THEIR GIVEN JURISDICTIONS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THRIXXX GAMES OR SITES OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AS THE GAME OR AT AFFILIATED CONTENT SITES.
YOU HEREBY ACKNOWLEDGE THAT CONTENT AND MATERIALS PRESENTED IN-GAME AND/OR DOWNLOADABLE FROM THRIXXX MAY INCLUDE VISUAL, AUDIO, AND/OR TEXTUAL ANIMATED OR INTERACTIVE 3D OR REAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI- SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
THRIXXX does not screen or endorse forum, blog, bulletin board, any other text or visual postings or data, advertisements or electronic communications submitted to thriXXX sites or programs by members, subscribers, affiliates, third- party licensees, advertisers, or subscribers for electronic dissemination through ThriXXX Games or Sites. Members and Subscribers are therefore advised to use their own judgment to evaluate all text or graphical content, electronic communications of any kind, advertisements and any other non-electronic communications available at or through the use of ThriXXX games or related sites prior to usage or purchasing goods and/or services described for offer or otherwise represented.
You will be agreeing to be personally liable and fully indemnify THRIXXX for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual authorized or unauthorized downloading or other duplication of materials from THRIXXX, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized usage or downloading of materials from ThriXXX including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s) so you must read ALL clauses in this Terms of Service (TOS).
Scope of Agreement. The Agreement being entered into is between thriXXX software GmbH. (referred to as “THRIXXX” or “We”), and “You” the person, member, or subscriber using or ordering the THRIXXX Applications, sites, content, or services described here within. This Agreement governs the use of the Application and content including the fictional simulation role play game activities, in-game fictional characters and currencies and/or any other virtual content and purchases or use of virtual items and currencies (called 'SexCoins') which act as Credits, Tokens, and or Points as described here, within. Credits or Subscriptions may be purchased with real-world currencies and are used under limited license grant described here to purchase access to the application and virtual item products or other services.
This Agreement replaces and supplements the THRIXXX Terms of Service that is/was entered into when setting up any THRIXXX Account to play the game or use any websites or services controlled by THRIXXX. Acceptance of this digital services agreement is required to use Applications, Content, Credits or Points. If there is an inconsistency between the original THRIXXX Terms of Service and this Agreement, the terms of this Agreement, this Agreeemnt will rule your ongoing use of the Application and purchase and use of Credits or Subscriptions.
By checking the “I Accept” checkbox, and your ongoing use of the ThriXXX application, sites and content, you agree that your use of the Applications and of Credits or Subscriptions, and any other THRIXXX products and all related content is subject to this Agreement.
Revised Terms. We may revise this Agreement at any time and the revisions will apply to all the continued use of the Applications, subsequent purchases of Credits and Subscriptions and the subsequent entitlements to content that you receive by using Credits or other Payments to obtain the game or related virtual content. You are responsible for keeping up to date on the latest versions of the Terms of Service as revised time to time. When we revise this Agreement, at anytime, it is your responsibility to keep up to date with changes that we post. Each time you use the application, purchase Credits or use Special Features you agree that you will review the terms of this Agreement. If you don't agree to the changes, you should stop using the THRIXXX Online Services immediately.
Electronic Contracting. You acknowledge and agree that by clicking the 'accept' or 'purchase' (or similar) buttons when agreeing to any use any THRIXXX product via its 'Terms of Service' (TOS), or entering into any transaction or placing of an order, you are entering a legally binding agreement. Acceptance gives consent to: (a) use online communications to enter contracts and place orders, and (b) provide for the electronic delivery only of transactions records, or any other notices online. All communications and transactions with THRIXXX will be conducted electronically. Accepting the above also means you will maintain and have ongoing access to the necessary software and hardware to receive electronic records in connection with transactions initiated or completed to an account used as registered users e-mail address. If you do not consent you must cease using any THRIXXX Products & Services.
Age Verification. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THIS SOFTWARE. In order to access Content you represent and warrant that you are eighteen (18) years of age or older, or the age of legal majority where you reside if that jurisdiction has an older age of majority, and that you are entering into this Agreement on a completely voluntary basis with no reservations and/or expectation of any form of compensation whatsoever. You further agree that as a condition to accessing Content ThriXXX can ask for account age verification as required, and you will provide only true and accurate identification documentation to verify your age as required.
THRIXXX Online Registration. To use the THRIXXX Online Services, you must have a personal non-transferable THRIXXX Account. THRIXXX requires the creation of an identifiable and unique USER NAME to be used in conjunction with an assigned Password or additional codes required to use game or access online content. In consideration of using a THRIXXX account, you agree to provide complete, accurate and true information as required, provided that in connection with registration, you will not use your full or true name for your username for the game or community sites. This Full name does requirement not apply to billing information. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. THRIXXX may deny you privileges in the event that information is untrue, inaccurate or incomplete. You may not allow others to use account information, and if you think there is unauthorized use associated with an account it must be reported immediately. THRIXXX is not liable for theft or misappropriation or any unauthorized use.
IMPORTANT: THRIXXX has final say in regards to granting and registering user or screen names and Passwords through its systems. If a user name conflicts with another user, is confusing, impersonates staff, other real people like popular culture icons, personas or media personalities, is protected by trademark or copyright or is otherwise misleading or inappropriate, THRIXXX has the right to deny its use or ask you to change it and you agree to do so, on request, ThriXXX also reserves the right to alter or delete any username oe password at any time and for any reason in our sole discretion. User names and passwords cannot include any special characters, alternative or misspellings for the purpose of working around these described restrictions.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
User and Member Data Collection. As part of the registration and installation processes involving systems that use THRIXXX Credits, IP addresses and computer's hardware and operating system specifications may be collected for as an anti-fraud or an anti-piracy measure. The information you provide to us and that we collect will be used by us for a variety of internal purposes, including without limitation to verify your rights to and maintain the Account, to ensure that your Account is unique, to deal with security, debugging and technical support issues, for billing and payment-related issues and to protect ourselves and others from abuse. THRIXXX shall have the right, at their discretion, to remove inactive accounts demo accounts from its database if such accounts go over a period of 180 days of non-usage and/or there are violations of the TOS.
Scheduled and Unscheduled Service Interruptions. Services provided by thriXXX are subject to Scheduled and Unscheduled Service Interruptions, and thriXXX may need to on occasion interrupt service without prior notice. You agree that thriXXX is not to be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided, you will not be entitled to any refunds of fees or other compensation for interruption of service.
User Account Profile Data and Community Content Backups. Likewise, you agree that in the event of any digital data loss, thriXXX will not be liable for any purported damage or harm arising there from and associated with any account . ThriXXX owns the digital data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs. ThriXXX at is sole discretions will determine the how and why of any disposition of the data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data. Ownership of the digital data stored on thriXXX Servers does not limit or impair any Intellectual Property Rights as outlined elsewhere in this agreement.
Account Activations. You must read and agree to these terms and conditions before you can become an active member of 3D-SexGames.com, which is a service run by thriXXX software GmbH (THRIXXX). You must be 18 years of age or older (21 in some areas) to receive a membership.
By using a free-2-play version, joining or other wise subscribing to a ThriXXX Game or Service you become a Member and agree to be bound by all the terms and conditions set forth in this agreement (the “Agreement”). The parties to this Agreement are you, the Member, and THRIXXX. Free memberships offer limited access to the games provided by thriXXX to registered users and are valid for the “lifetime” of the game. The member accounts can be accessed and the products within can be used as long as the service is offered by thriXXX.
Free lifetime memberships need not to be cancelled, since no charges apply. Free Membership can be upgraded either by purchasing coins (“SexCoins”) (2.a) or become a recurring membership subscription (2.b). 2.a) Purchased “credits” (SexCoins) can be used to unlock additional content in the free-2-play and/or demo versions of the game. Credits and content do not expire and can be used as long as the service is offered by thriXXX. Dues for upgrading are non-refundable. 2.b) All recurring memberships will renew at the indicated rate after every period, unless cancelled 24 hours prior to the end of current period. Recurring memberships can be cancelled anytime on the customer support site of the payment provider used for subscribing. A list of links can be found at: http://support.thrixxx.com/billing-support/. You must provide any information required on the particular support site.
EMAIL NOTIFICATION TO THRIXXX IS NOT SUFFICIENT TO CANCEL YOUR MEMBERSHIP! After expiration of a recurring membership the account is downgraded to a free membership again, and all unlocked in-game content will be removed.
To play the Game or use a Service, an active internet connection is required to access your account and the game and related sites and you may need to enter into additional agreements with an Internet Service Provider (ISP) Operator, pay additional fees, and/or agree to additional terms including terms of service, a privacy policy and/or a codes of conduct.
Account Payment Methods. Some or all of the following fees and charges may be incurred by a Member or Subscriber:
a. Micro transaction (MTX) purchases of amounts of SexCoins (virtual credits, coins, or tokens) to activate and unlock game play and additional in-game content; Purchase fees are non-refundable;
b. Subscription Fees. The Subscriber if choosing a subscription method of payment is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable;
c. Full payments for all goods and services ordered at thru online stores, through and/or from THRIXXX and its licensees.
Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform THRIXXX of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until THRIXXX is notified, by electronic mail at support@thrixxx.com, of a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
Payment for the services provided to you at and/or through ThriXXX may be made by automatic credit card or debit card debit and you hereby authorize THRIXXX and its agents to transact such payments on your behalf.
Subscription of recurring memberships to ThriXXX may be terminated at any time, and without cause, by either
a. the subscriber on the customer support site of the payment provider used for subscribing (a list of links can be found at: http://support.thrixxx.com/billing-support/) at least 24 hours prior to the end of current period, or
b. THRIXXX upon notification by electronic mail.
You agree to be personally liable for all charges incurred by you during or through the use of 3D-SexGames.com. Your liability for such charges shall continue after termination of your membership for any reason.
Subscribers are responsible for providing all personal computer and communications equipment necessary to maintain their accounts, and gain access to the Service. Access to and use of the Service or related third party billing systmes is through the use of a login user name and passwords. Each Subscriber must keep his password strictly confidential. For security reasons, THRIXXX will not release passwords. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
Pricing Payment and Taxes. Amounts payable for Credits or Subscriptions is the 'Price' indicated on the THRIXXX controlled online purchase order forms and join pages and or in confirmation email that are sent to you. THRIXXX reserves the right to change the Price and specifications relation to any of its products or services. You may pay for Credits or Subscriptions either by credit card or by using the services of any alternate billing and payment provider that we identify on the applicable websites or in offers. Credit cards: If Credits are paid for by credit card, then you must supply personal credit card details when you place your order. Your credit card will be charged when a purchase confirmation email is sent. Your card will not be charged unless the credit card issuers verifies and authorizes the use of your card for payment. Alternate payment methods: If you paying for credits by an alternate billing and payment provider that is affiliated with THRIXXX, you will be bound by that provider's terms and conditions, which are available from the provider. If you elect to use an alternate billing method you may need to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details and will be bound by their terms of service I regards to certain transaction. When you acquire Credits you agree to pay all taxes that THRIXXX assesses on that transaction if required and applicable.
Third Party Transaction Fees. You are responsible for any third party fees necessary to complete your Credits purchase and transaction, including all and any credit card fees, handling charges, and other costs imposed by a payment provider. Please see your Internet Service Provider's terms and conditions. If THRIXXX or billers geo target and provide local currency to complete transactions any charges regarding conversion to local currencies to a national currency by your payment provider at its then prevailing currency exchange rate are the purchasers responsibility. A payment provider may also charge you a handling fee for processing this currency exchange transaction depending on their independent Terms of Service agreement you will have had o agree to separately to complete any transaction using third party billing. Costs associated with accessing the THRIXXX Online Services and downloading content depends on your Internet Service Provider.
Credits Licensing and Limited License Grant. Credits can be purchased via the THRIXXX Online Services. By purchasing or otherwise acquiring Credits, you obtain a personal non-exclusive limited license to playing THRIXXX games, and access to select from content that we expressly make available as part of the THRIXXX Game and related Online Services (the “THRIXXX Digital Content”). Sales or purchases of Credits are actually only the purchase or sale of a personal, revocable, non-transferable, non-sublicenseable license limited license with no other rights attached and all Credits must be used in compliance with this TOS. Offers to buy credits is a virtual feature of game play and THRIXXX is not obligated to provide purchase of goods on an ongoing basis if terms are not met and THRIXXX maintains the right to fulfill orders for credits as it sees fit. Credits may only be held in THRIXXX Accounts belonging to legal residents of countries where access to and use of the THRIXXX Online Services is permitted. All transactions involving or virtual products or services and related use rights must use Credits and you agree not to create, employ, or utilize any parallel form of virtual currency outside of the game. THRIXXX may charge fees for the right to use Credits.
Irrespective of terminology used Credits are not redeemable for any sum of real world money or other monetary instruments at any time. Credits have no real-world monetary value and do not constitute currency or property of any type and are thus considered a virtual item for the purpose of game play. Credits can act as a fictional currency to be used at THRIXXX's sole discretion for purchase of virtual items and can only be used in whatever manner THRIXXX deems appropriate. Credits may be redeemed for THRIXXX Online Content goods and services only. THRIXXX retains the right to regulate, modify, eliminate, manage, or otherwise control Credits as it sees fit including how they are provided, acquired, used, or lost. Credits cannot be sold or transferred, and cannot be exchanged for cash or for any other real-world goods and services of value, other than as expressly permitted by THRIXXX. The credit system as part of game play or purchase of virtual items can be eliminated at the sole discretion of THRIXXX or by required applicable laws on a jurisdiction by jurisdiction basis.
Credits may be purchased or acquired only from THRIXXX through the means provided on our or affiliated and approved websites or otherwise expressly authorized. THRIXXX reserves the right to refuse your request(s) to acquire Credits, and THRIXXX reserves the right to limit or block any request to acquire Credits for any reason. Credits are non-refundable and any commercial use or exchange outside the terms of this document is prohibited. You are not entitled to a refund for any unused Credits. Subject to the terms of this Agreement, your Credits License is coextensive with your right to use any THRIXXX Account or Product. The term of your Credits license starts when you acquire Credits and, subject to this Agreement, and can end 364 days later if Credits are unused in an inactive account or this TOS is violated and your THRIXXX Account is cancelled, suspended or terminated, or your Credits expire as set forth. You are expressly prohibited from reproducing, sub-licensing, renting, lending, leasing, modifying, distributing or otherwise making publicly available Credit rights The Limited License can be terminated for any TOS violations including but not limited to actions that manipulate their value, are fraudulent, are considered wagering, betting, or gambling in any way, or are otherwise outside maintaining the integrity and value and Credits and THRIXXX will have no liability to violators. In the case of suspected account fraud phishing, use of auto generator scripts, violations of any of these TOS, violations of laws or regulations of various jurisdictions, or to protect the integrity of the Credits, THRIXXX may at its sole discretion, halt, suspend, terminate, reverse or otherwise modify or cancel any Credits whether prospectively, retroactively, or otherwise.
Exchanges THRIXXX may provide an exchange of credits for other credits of real-world value at THRIXXX's sole discretion. THRIXXX has the right to control currency including but not limited to the amount of currency in circulation, floor and ceiling pricing, trading limitations, auctions and whatever regulatory mechanisms are required to maintain the fair market value of Credits as required. THRIXXX also maintains the right to determine and control the minimum and maximum number of Credits that can be purchased or earned — whether by activity, day, account or individual. Credits may not be used for real world wagering, betting, gambling other than in-game fictional 'games of chance' should those games be offered. Anything defrauding the credit and virtual currency systems is a violation of the TOS. Any credits, items or services obtained fraudulently or illegally are immediately void and will be removed or reversed from all affected accounts and appropriate law enforcement agencies will be contacted if damages are monetary. THRIXXX has the absolute right to manage, regulate, control, modify and/or eliminate such in-game Credits systems as it sees fit in its sole discretion, in any general or specific case, and that THRIXXX will have no liability to you based on its exercise of such rights. You are hereby prohibited from reselling or distributing Credits without the expressed written consent of THRIXXX.
Availability THRIXXX does not guarantee that any particular item offered as part of the THRIXXX Online Services will be available at all times or at any given time. We do not guarantee the continued availability of particular items for any given lengths of time. THRIXXX reserves the right to change and update its inventory of THRIXXX Online Content without notice. Once you have redeemed Credits for THRIXXX Online Content, that content is not returnable, exchangeable, or refundable for Credits or for cash, or other goods or services. You acknowledge that any software, games or digital services that use the Credits are owned by THRIXXX and/or their designated partners and that these rights are protected by laws governing copyright, trademark, intellectual property rights and all other real-world property rights THRIXXX may also award Credits in connection with promotional events as a bonus and/or optional pricing offers. Any rewards are not considered prizes or payment for work. You acknowledge that at no time do you own, nor have any real-world right to, the intellectual property associated or obtained via Credits.
Cancellation and Suspension THRIXXX can cancel or suspend access to its Games, Credits Subscriptions, and the THRIXXX Online Services or your THRIXXX Account, in its sole discretion and without prior notice, if (i) there is failure to comply with the Agreement or its Terms of Service; or (ii) suspected fraud or misuse of the THRIXXX Applications and Online Services, or any other unlawful activity associated with a THRIXXX Account. In these types of instances there will be no entitlement to any refund for any unused Credits or any compensation or consideration.
Termination of Services You agree that THRIXXX may stop making Credits and the THRIXXX Online Services, or any feature thereof, available, at any time, without any liability to you. If we stop supporting the THRIXXX Online Services, we will provide at least sixty (60) days advance notice to you by posting a notice on the THRIXXX Online website.
Using Content Installation and Updates Through WebLaunchers & Download Managers If you have the community connector installed in a registered version of software it allows you to 'download' additional content for the game as updates from the official ThriXXX update and content servers and websites, and to also 'upload' content to the servers and websites through a download manger.
The game is only playable on line and internet access (not included) is required at all times to play. A connection to the Internet and the thriXXX WebLauncher & Download Manager applications are also required to download and install ALL Software updates and content. WebLauncher and Download Manager work in conjunction with each other as installers and content managers to keep all content sorted and up to date. The download manager enables your ability to both contribute and consume user generated content and as such installs the content with the expressed rights and grant of uses expressed in this Agreement. If no EULA or TOS is presented during each upload or download of content and information, such content software is subject to the license terms set forth in this Agreement as expressly provided for in this Agreement.
The Download Manager is included with your game as a separately installed web application to your hard drive and control panel. When an update or content is to be accessed Download Manager must be used. If you do not install Download Manager, you will not be able to download and install Software updates or content. When ThriXXX supplies any Software updates, upgrades or other modifications to the Software, you agree that you will be required to install or patch the Software in the manner decided by ThriXXX at its sole discretion so as to continue Game play.
Download manager may not be part of an initial installation and you will need to choose to install it at a later date if you wish to receive Software updates. You can also delete the file (uninstall) from your computers hard drive separately from the game application. If you install the WebLauncher - Download Manager and wish to remove it, follow the “remove program” instructions for your Windows Operating System.
We may automatically update the application and content via WebLauncher and Download Manager (if you have it installed) or other components of the Software when your computer is connected to the Internet to keep the Software functioning properly.
To facilitate the provision of dynamic software updates; served content and online services to you, you agree that ThriXXX affiliates may collect, use, store and transmit technical and related information that identifies your computer (such as Internet Protocol Address and hardware identification), operating system, and application software and peripheral hardware, and non‐personally identifiable game play and software usage statistics, without further notice to you. ThriXXX may use this information in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers like our hosting, CDN, ISP providers etc that help provide service.
Content Sharing and Reward System Points In addition to the basic thriXXX community services provided for free, or registered applications using paid for credits, thriXXX users may obtain virtual 'Points'. Points are not 'credits' or 'virtual currency', are not redeemable for cash, and are a separate fun rewards collecting system. Points are added to the user's account for sharing content and ranking their contributions within the community and for calculating the receiving awards or badges. ThriXXX may at its discretion allow for the exchange of points for virtual items, award free points or gifts at its own discretion and may withdraw points based awards, services or free gifts at anytime. The items that points may be used for maybe changed or eliminated at anytime. In any event there will be not exchange of points for previously obtained virtual items or promotions.
Points cannot be redeemed for virtual content items that can be applied to the users account in the context of paid for regular game play. Points have no fixed value; are revocable, not transferable, assignable, or refundable; and may be redeemed only for promotional items or rewards content available through thriXXX. ThriXXX reserves the right, as it sees appropriate and in its sole discretion at any time, to modify or terminate the Points program; distribute Points without charge; or withdraw, revalue, or modify previously distributed or earned Points. Any use of the Points program is void where prohibited by law. Points may be named or nicknamed or be represented as play money via symbols or other means used to represent the points and may look like currency in any way thriXXX sees appropriate, but the terms of this section apply to whatever points are called and are not considered as anything and of no real world value. If points are used in any virtual fashion in regards to a rewards system this is not considered gambling or wagering.
By collecting Points, thru whatever mechanism ThriXXX provides you agree to these terms and conditions governing the points/rewards programs. ThriXXX reserves the right to control how many points can be earned daily or rewarded at any one time. Any points obtained through exploits, unfair manipulation of scoring and point reward systems with automated programs or processes, programming errors, software bugs are considered null and void.
User Generated Content (UGC) ThriXXX provides software to explore sex, creativity, humor, and community in regards to simulations based virtual sex role playing games. Thrixxx strives to supply state-of-the-art simulations and game functionalities and modification tools and content that enable users to customize and personalize their own game experience. ThriXXX also provides websites and functionality to end users to share user generated content with other consenting adults within the Terms of Service contained within this Agreement. Sharing content online in the community is intended to be for hobbyists. Community participation involves an investment of time, energy and whether players choose to share their original artistic creations with the community is up to them.
ThriXXX does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any member user generated content, conduct, user comment and opinion via its services. You acknowledge that ThriXXX does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions and connections with other users and your use and purchase of User Generated Content or user created services or content are entirely as-is and at your own risk.
All submissions by you or other members are solely the expressions of the submitter/sender and ThriXXX cannot be held responsible or liable for the content in such submissions. All content on the ThriXXX websites, including without limitation user generated and third party content, submissions and any information of any kind or material contained on the websites, are provided to you on an “as is” basis with no warranties of any kind and without any remuneration, compensation to you.
UGC Content Submissions ThriXXX makes available to you the ability to submit content and information, and links to ThriXXX published content and information, as well as user generated content, via website that it controls, via upload and download. All submissions may be subject to review by ThriXXX prior to the content information being posted to the websites, however ThriXXX is under no obligation to review any of the submissions. Submitting and posting of content you have rights to post does not mean that ThriXXX agrees that the content or information complies with this Agreement or that ThriXXX agrees with the content of any information. ThriXXX may at its sole discretion refuse to post any content of information and may remove content and information for any reason it sees fit to protect itself and/or other community members.
While ThriXXX may review each submission in whole or in part, it does not thoroughly review the content of information, information exchanges among community members, ideas, opinions public or private messages being shared, forum posts and/or third party websites that a link may relate to.. Notwithstanding ThriXXX's review policies , you agree to indemnify ThriXXX and other users for any loss or damage that ThriXXX or any user may suffer as a result of the posting of any content or information that you submit. Further, the content and information may become incorrect or unlawful after the fact, and as site rules and/or laws may change from time to time, ThriXXX reserves the right to delete, reformat, modify and/or change content and information postings accordingly.
All submissions are the sole responsibility of you, the person from which a submission originates. You are solely responsible for the consequences of what you upload, download, post, email, or otherwise transmit and make available. You agree that all of your submissions will be in compliance with this Agreement. All submission are noncommercial only, and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity outside of ThriXXX.
If it is determined, that any content and information does or may violate any of the terms of this Agreement, ThriXXX reserves the right, at any time and without limit to: refuse to allow you to provide additional submissions, remove or delete content and information , cancel your accounts without refund and deny rights to use the site by using any technological, legal, operational or other means available including, without limitation, blocking specific IP addresses or deactivating your registration to TrhiXXX applications or related services and sites.
User Generated Content Rights and Rules By making a content or information submission you specifically authorize the ThriXXX ,its subsidiaries, partners and affiliates to use submissions in whole or in part, in or on any and all media. In accepting this terms of service agreement, you will also expressly acknowledge that all content created and all virtual items acquired and developed during Game play, if any, are an integral part of the Game and strictly remain the property of ThriXXX. You further acknowledge that the Software contains, without limitation, the following: graphics, sound, animations and text (hereafter referred to as “Content”) to which you have no property rights and no intellectual property rights.
The Software may allow you to create content, including but not limited to a models, poses, outfits, textures, toys, screenshots, videos and sequences/scripts within the context of game play. By way of use of the Software, and by sharing and uploading, publishing, or submitting any user generated created content to ThriXXX , or to any of its related sites or services, and to the extent that your shared community contributions through use of the applications tools and related websites give rise to any copyright interest, you grant ThriXXX, a royalty free, irrevocable, fully transferable and sub-licensable worldwide right and license to distribute and use the contributions in perpetuity for any purpose in connection with the Software and related goods and services.
This includes the rights of ThriXXX to promote, reproduce, translate, copy, modify, adjust , display, publish, broadcast, transmit, create derivative works from, or otherwise communicate to the public by any means whether currently known, or in the future by new methods ,for the entire duration of protection granted to intellectual property rights by applicable laws and international conventions. This includes all original works, reproductions, derivative works, adaptations, modifications, translations, of any of the content available and at our sole discretion and without prior notice to you.
The aforementioned rights are for ThriXXX sole use only and not each end user. As an end user you acknowledge that you have no right to and may not sell, auction, give away, make private deals to trade sell or buy, or in any way make available, any content, characters/avatars, objects, items or any components of the Software or Game whether free of charge or for a fee. This includes any original or derivative content generated by you or any other user. Any of the aforementioned actions; online auctions, forums or chat room trading, may contravene the terms of this terms of service.
You may not remove the copyright and other proprietary rights notices from the Content. You acknowledge ThriXXX or its licensors own all intellectual property rights materials, including, without limitation, patent rights, copyrights, inventions, trade secrets, trademark & trade dress rights associated with the software.
In relation to any user generated content created and shared, you acknowledge that you are fully responsible for the content to be lawful appropriate and created within the rules of this terms of service, and not infringe on copyright or trademarks of any kind. This includes any text, graphics, sounds and any other material that you create, submit, post, and otherwise make available to the Community. You hereby waive any moral rights of paternity, publication, authority, or assignment with respect to ThriXXX’s and other players’ use of said assets in connection with the Software and related services under applicable law. This license grant to ThriXXX, and the above waiver of any applicable moral rights, survives any termination of this License.
You represent and warrant that: your user created content on or through this Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of confidentiality any other person or entity. You agree to ThriXXX is not liable for any user generated content created and your disclosure thereof and you will pay and indemnify ThriXXX for all royalties, damages, fees, and any other monies owing any person by reason of any user created content posted by you to or through this Service. You shall be solely and personally liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any user created content that you create. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that ThriXXX cannot do so on your behalf.
You agree that by uploading, publishing, or submitting any original content that it is ,original to you or fully cleared for use , in any way and does and will not, violate or breach any of the terms of this Agreement, and does not infringe or violate any copyright or other rights. You hereby grant each user of ThriXXX a non-exclusive, worldwide, royalty-free, right to capture screenshots, record video of the content, and to use, reproduce, distribute, prepare derivative works of for personal use on any current or future media as provided in and subject to the restrictions and requirements. If you do not wish to grant users of these rights do not share or post content to any of thriXXX sites or services. You agree that it is your obligation to avoid displaying or making available your Content to other users if you do not want others to use your content.
You may delete copies or instances of your content and information that you have shared in your Account inventory through the normal functionality of the site. In these events, the licenses granted by you in this section shall not terminate for those particular copies or instances of Content that you have deleted from the site. You acknowledge that deletion does not apply to any copies previously, transferred, downloaded or installed and may be in the account inventories of others. You also acknowledge that the rights granted with respect to content will survive any such termination, and ThriXXX is solely permitted to retain server copies of particular content, to enable the exercise of the licenses granted here within, or in other users account inventories, and include copies stored in connection with back-up, testing, debugging, and other procedures.
Derivative Works and End-User Variations While in compliance with these terms of service ThriXXX grants to you a limited, personal, revocable, non-exclusive right to use the game and tools to create and modify your own content , and create your own modifications of other shared content to create your own derivative works. Your rights to create derivative works are subject to restrictions: derivatives must only work with the full commercial version of the application, works must not contain modifications to any executable file, derivative works must not contain any illegal content, viruses, worms, or other malicious code and information, or invade the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties.
You may not publish, rent, sell, lease, lend, offer on a pay-per-play or timesharing basis or otherwise commercially exploit or commercially distribute derivative works (including, without limitation, hosting pay-per-play servers, hosting pay-per-download web-sites, including sites that charge for bandwidth use, and independently sell derivative works online. Without limiting the foregoing, you expressly acknowledge and agree that in no event shall you have the right or license to make any modification (whether using the toolkit or otherwise) to any portion of the Software for the purpose of creating any data file, executable, or other derivative work that is intended to operate in a stand-alone mode.
User Generated Avatars ThriXXX applications provides a unique ability to create digital characters or images that are intended to be or can be photorealistic quality human character look-a-likes for use in gaming and online environment s called Avatars. We recommend that when you create an avatar it is for fan-art purposes and cannot infringe on the right s of any copyright or trademarked likeness of any entity. It is your responsibility alone to examine and determine that the Avatar is acceptable for public use before using or posting it to publically accessible areas anywhere.
A Special Note on Trademarked and Celebrity Material Celebrities have a “right of publicity”, meaning they have a fair and equitable right to control the commercial uses of their name, image, likeness, and other aspects of their identity. As a fan creating 'fan-art' you may put yourself at risk infringing celebrity rights if you use a celebrity name or likeness in connection with in-world objects you create or trade, and you don't have the celebrity's permission and/or use of this kind of content in a parody.
Use of Trademarked material including trademarked logos, trademarked brand names, and other trade 'marks', which is the distinctive visual appearance of a brand name product or its packaging is not allowed without permission. Also if you don't have permission, the use a misspelling of the brand name, does not waive the right of the original marks owners. Create your own unique and original names associated content or content that maybe perceived as a likeness if labeled using a trademark!
If you're creating objects inspired by real-world objects, take care that your objects have an original appearance and shape. Do not imitate distinctive and recognizable product appearances exactly. In regards to complaints that content infringes trademarked or celebrity material THRIXXX will cooperate and follow applicable laws to protect itself and its members.
ACCESS TO THRIXXX SPECIAL FEATURES AND/OR SERVICES
FaceMate User Generated Content (UGC) Terms of Service Requirements Access to special FaceMate features is limited to a single user account per installation and cannot be transferred, sold, or re-registered or used by another user unless otherwise specified. It is your responsibility to control the use of FaceMate within the password protected confines of your installation. If you choose to make public any content created with FaceMate you assume all responsibilities or liabilities associated with is public dissemination by any means. These FaceMate specific terms of service must be agreed to separately every time FaceMate submissions are made is part of the general THRIXXX terms of service that you first agreed to upon initial install of the application. The provisions of this paragraph supersedes any other term in this Agreement.
FaceMate Limited License and Use You acknowledge that you are fully responsible for any images, text, graphics, information , sounds and any other content that you submit, post, or otherwise create and may make available to others, and that you, and not THRIXXX, bear the full and total responsibility for each such item submitted, including its appropriateness , legality, and copyright and trademark ownership.
You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to you and others use and enjoyment of any creative assets in connection with the applications use and related services under applicable law. You shall be solely and personally liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any user created content that you create. This license grant to you, and the following waiver of any applicable moral rights, survives any termination of this license.
We will enforce these TOS against illegal or offending content when reported to us. We specifically embrace the safe harbor provisions provided under the laws of various nations and other jurisdictions, and nothing in these Terms of Service shall constitute a waiver of any safe harbor or similar rights we may have.
FaceMate Waiver of Producer Rights You hereby state that THRIXXX is not the primary or secondary producer of any of the visual content created, modified, or contained in any account controlled by you, or otherwise related to the submissions you make including still images and video content including audio if applicable. THRIXXX has no role in the “hiring, contracting for, managing, or otherwise arranging for the participation” of the persons shown in any image submitted, and you are not exempt from the record-keeping requirements of 18 U.S.C. 2257 stated above.
Any models created by you must be, and are stated by you to be fictional. Any simulated behaviors of computer generated characters depicted in any images, videos, or any media are virtual simulations or representations of adults only and must be intended to appear in an obvious adult form and appear to be over eighteen years of age. Any text, keyword or other written descriptions associated to any virtual characters age must be stated as 18 years or older.
FaceMate Avatar & Texture Creation By submitting any material, if you opt to do so, you agree that: (i) the material will not contain any item that is unlawful or otherwise unfit for publication or distribution including anything that would seem to be harassing, hateful, threatening, abusive, defamatory, libelous; (ii) the submissions shall not contain depictions of minors (or those who appear to be minors) nor do they constitute child pornography or child erotica, (iii) you own the material or have the unlimited right to use it worldwide and that you will not use Property owned by others without permission. This includes use copyrighted materials, stage or trade names, service marks or trademarks (which in some countries may include Avatars), or the use of any confusingly similar marks is also prohibited, without proper permissions.
Celebrity and Trademarked Materials Celebrities have a “right of publicity”, meaning they have a fair and equitable right to control the commercial uses of their name, image, likeness, and other aspects of their identity. As a fan creating 'fan-art' you may put yourself at risk infringing celebrity rights if you use a celebrity name or likeness in connection with in-world objects you create or trade, and you don't have the celebrity's permission and/or use of this kind of content in a parody.
Use of Trademarked material including trademarked logos, trademarked brand names, and other trade 'marks', which is the distinctive visual appearance of a brand name product or its packaging is not allowed without permission. Also if you don't have permission, the use a misspelling of the brand name, does not waive the right of the original marks owners. Create your own unique and original names associated content or content that maybe perceived as a likeness if labeled using a trademark!
If you're creating objects inspired by real-world objects, take care that your objects have an original appearance and shape. Do not imitate distinctive and recognizable product appearances exactly. In regards to complaints that content infringes trademarked or celebrity material THRIXXX will cooperate and follow applicable laws to protect itself and its members.
FaceMate User Submissions THRIXXX is entitled to inspect pictures, graphics, writings, videos and other user-generated material and to remove material that in its sole opinion breach the rules. All submissions by you are solely the expressions of the submitter and THRIXXX cannot be held responsible or liable for the content in such submissions, and are the sole responsibility of you the person from which such submissions originated. By continued use of the THRIXXX applications all submissions may be subject to review by THRIXXX prior to the information or link being posted to the websites, however THRIXXX is under no obligation to review any of the submissions and is not liable for any submissions made by you. THRIXXX may refuse allowing the posting of any content, information or link and may remove the same for any reason, in its sole discretion related to TOS violating submissions.
THRIXXX allowing the posting of any content or information or link does not mean that THRIXXX agrees that the content is suitable and/or or link complies with this Agreement. While THRIXXX may review submissions in an automated or manual fashion, it may not at times thoroughly review the content and information being submitted and any omissions or missteps in this process do not create any liabilities towards THRIXXX. Further, if the information may become incorrect or laws change notwithstanding, you agree to indemnify THRIXXX and other users for any loss or damage that the content might cause any user to suffer as a result of the creation, and posting of any information or content that you submit.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions. All content, including without limitation third party content, submissions and any information or material controlled or submitted by you, are provided processed on an “as is” basis. THRIXXX neither by itself or its licensors, partners or agents or other representatives, makes no express, implied or statutory representations, warranties or guarantees at all.
We comply with some best practices from the United States Digital Millennium Copyright Act (DMCA) in regards to copyright infringement complaints. Please note that any notice of infringement may become part of a court record, may be supplied to the allegedly infringing party so that they may file a counter-notice, may be obtained from us via subpoena, or may otherwise be made public.
THRIXXX has the right to contact and hand out information posted by you to Police or similar authorities if we suspect that a crime has been committed. It does not require a legal offense to have your account terminated by THRIXXX if any terms in this agreement are violated.
Photo Submission Clearance - Virtual Release and 18 USC Section 2257 Compliance THRIXXX its successors, affiliates and assigns provide quality lawful adult entertainment products and works intended for consenting adult consumption worldwide. You understand and agree that the photo processing modeling work you perform with the submitted photo material you control, can be used in content that can contain adult oriented and sexually explicit material and is subject to copyright and trademark laws worldwide as well as potential 2257 record keeping requirements.
IMPORTANT: Virtual content is generally exempt from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because said visual depictions are not actual 'real-world' visual depictions of conduct specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct (involving no 'real' human beings). Virtual representations thus otherwise created by real-world means are currently considered exempt . Current interpretations of this law however may change at any time. THRIXXX maintains the right to proactively, retroactively or otherwise deal with any changes to laws or rules regarding record keeping in regards to virtual content law as and the use of this tool as it sees fit.
FACEMATE U.S.C. TITLE 18, SECTION 2257 COMPLIANCE
In compliance with United States Code, Title 18, Section 2257, and any applicable laws or rules in your regional jurisdictions, you personally guarantee, indemnify and hold THRIXXX harmless stating that any persons depicted in any image is of the age of majority or the age of eighteen years at the time of the creation of such depictions and that you had proper clearances etc to use images being submitted. Records required to verify will be maintained pursuant to U.S.C. Title 18, Section 2257 and kept by you, and will be provided upon request by THRIXXX or law enforcement agencies. Users need to educate themselves to 2257 rulings and can do so by googling '2257 compliance rules'.
Forums, Community and Content Posting to Public Areas As a privileged guests on this system, ThriXXX and fellow members expect you to exhibit common courtesy to all, and to ThriXXX staff & personnel as well as other members and that ThirXXX will extend the same courtesies towards you.
DISCLAIMER: For purposes of this Agreement, “publicly accessible areas of the service” as used by you and the general public include: game-related forums, public and private instant messages, bulletin boards, chatrooms, WIKI's, blogs, RSS feeds etc. You agree and acknowledge that an integral feature of ThriXXX applications is the ability to use” publically accessible areas” to play online and interact with others and their user generated content whether original or derivative works for download or upload by other users.
All postings remain the sole responsibility of the submitter of any content, information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted or posted.
ThriXXX specifically disclaims any warranties relating in any way to such user-created content, and you agree that neither ThriXXX, their assignees or successors, nor any of their licensors or partners shall in any way be responsible for the content or functionality of such user content.
You further agree and acknowledge that while playing ThriXXX games and “publically accessible areas'”, you may be subject to conduct of other users that may impact your own gameplay and characters, or that you may find objectionable , offensive or misleading. ThriXXX also specifically disclaims any warranties relating to the conduct of other users, and you agree that neither ThriXXX, their assignees or successors, nor any of their licensors or partners shall in any way be responsible for the conduct of other users.
You acknowledge that sites forums maybe unmoderated and content and information contained within are or may not be the expressed views of ThriXXX its staff, or all members and these publically accessible area are used as-is an AT YOUR OWN RISK. The posting of any information in publically accessible areas does not mean that thriXXX endorses the content or information.
ThriXXX is entitled to inspect writings, pictures and other user-generated material and to remove material at its own discretion or its sole opinion breach the rules. ThriXXX has the right to contact and hand out information posted on the website to Police or similar authorities if we suspect that a crime has been committed or actions need to be investigated to determine so, and please note that it does not require a legal offense to have your account terminated. User accounts are not transferable or inheritable and if you allow another person to use your account you are responsible for all acts of this person in relation to ThriXXX and to these terms of use.
thriXXX community sites are operated with as little censorship and adhere to the policies of free speech as possible.
THE MOST IMPORTANT COMMUNITY AND FORUM RULES THAT WILL BE STRICTLY AND ABSOLUTELY ENFORCED IS DEPICTION OR REFERENCING TO ANYTHING OR ANYONE IN ANYWAY SHAPE OR FROM, REAL OR IMAGINARY, AS BEING UNDER THE AGE OF 18.
AND TEXT THAT REFERS TO ANYTHING INVOLVING MINORS WILL BE BLOCKED, BANNED IMMEDIATELY, ALL MEMBERSHIP PRIVILEGES WILL BE CANCELLED WITH OUT RECOURSE AND WE WILL DO OUR UTMOST TO REPORT THESE, THE POSTINGS AND ANYONE'S INVOLVEMENT TO THE APPROPRIATE AUTHORITIES.
THESE SAME RULES APPLY TO BESTIALITY OR ANY IMAGE WHICH IS CONSIDERED UNLAWFUL. IF ANYONE HAS A PROBLEM WITH ANY OF THESE RULES PLEASE DO NOT AGREE TO THIS LICENSE.
Further thriXXX community sites do not allow inappropriate content, comments or conduct that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive about other individuals or groups; - that disregards privacy, makes explicit claims, obscene or sexual towards others that are users of the games and this sites content; - victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; - constitutes unauthorized or unsolicited advertising, junk or bulk e-mail or any other form of unauthorized solicitation; - infringes any copyright, trade mark, moral right, right of publicity, privacy or other proprietary right of any party; - attempts to obtain user names or passwords, personal information, or unauthorized access to any data or other general information of any third party; - impersonation of any person or entity, including any employee or representative of this site, its licensors or advertisers; - any content or reference to materials involving software viruses or any code or hacks that intended to disrupt, damage, or limit the functioning of any software, hardware.
The rules about inappropriate community content and conduct are for both your, our other members, and thriXXX community the sites operation and protection. You acknowledge that we cannot set up rules to cover every situation but the guidelines and rules hereto are setup to be lawful and fair. In the unfortunate event that a user has engaged in unacceptable behavior, said user will be treated accordingly by ThriXXX in its sole discretion.
GENERAL PROVISIONS
Entire Agreement This Agreement contains the entire agreement between the Member or Subscriber and THRIXXX regarding Subscribers' use of ThriXX games and related sites and services and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral under- standings, writings, and representations and may only be amended upon notice by THRIXXX. This Agreement shall be governed by and construed under the laws of Austria. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination. All materials included in Game or at related Sites or Services are for the private use by Members and Subscribers only. No other uses are intended by ThriXXX and any other use is strictly prohibited.
Reservation of Rights ThriXXX reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of this Agreement or Terms of Service. Our failure to enforce this Agreement or the Terms of Service in every instance in which we are entitled does not amount to a waiver of rights.
Disclaimer of Warranties You agree that the provisions in this License that limit liability are essential terms of this License and Terms of Service. No warranty is made by THRIXXX regarding any information, services, software or products provided through or in connection with 3D-SexGames.com, and THRIXXX hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Software, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose.
Limitation of Liability THRIXXX is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Software, data, advertisement or other communication. Any liability of THRIXXX, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the member or subscriber to ThriXXX Games or Services for the preceding month or the last purchase of Credits. Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
UNDER NO CIRCUMSTANCES SHALL THE OPERATOR, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE GAME, SITE, CONTENT OR THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS GAME, SITE, OR ANY SERVICES OR PRODUCTS RECEIVED AND USED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATOR, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OPERATOR, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
Indemnification You agree to defend, indemnify, and hold harmless the Operator, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Operator reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Operator in asserting any available defenses.
Legal Compliance Operator may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Operator may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Operator shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Operator for such disclosure.
Confidential Information Obligation Confidential Information obligations is for both yours and our protection and shall mean communications about any and all information relating to, contained in or relayed through the Game software, and related Sites and Services, including, without limitation, information relating to (i) the performance, capabilities and contents of the Content & Materials, (ii) your Feedback, (iii) any other member, subscriber other participant(s) posting, comments and feedback, and (iv) any ThriXXX employee(s) feedback and comments. Without limiting the generality of the foregoing, you shall use best efforts to safeguard and to prevent unauthorized use or disclosure of Confidential Information, unless otherwise expressly authorized in writing as provided. You may disclose public area information that is specifically identified on online message boards, forums, blogs, WIKIS or other publically accessible electronic means or other similar venues in accordance with the restrictions set forth in this Agreement.
18 U.S.C. Section 2257 Compliance Notice Any sexually explicit voice recording audio content included with the software are recordings of actors/actresses over the age of eighteen years at the time of said recordings. All sexually explicit images displayed by the software and the website are completely computer generated, the creation process of which never involved male or female live models of any kind. Some visual and audio depictions displayed in the product are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct. The owners and operators of the product are the primary producer of most of the visual content contained in the product.
Choice of Law and Forum This site (excluding third party linked sites) is controlled by the Operator from its offices in Austria. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Austria, by accessing this site, both you and the Operator agree that the statues and laws of Austria shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Operator also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Austria and any legal proceedings shall be conducted in German. The Operator makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
Injunctive Relief You agree that a breach of this License may cause irreparable injury to ThriXXX for which monetary damages would not be an adequate remedy and ThriXXX shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.
Severability and Survival If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.
