Terms, DMCA, 2257

Terms of Use / Privacy Policy

Terms

1. ACCEPTANCE
By visiting and using gayrest.com (collectively, including but not limited to all Content, Uploads and User Submissions available on the pages of gayrest.com, further referred to as "gayrest" or the website) you agree to be bound by the terms and conditions contained herein, as well as the terms and conditions of gayrest privacy policy contained herein, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering the website and proceeding further you agree to be bound by these terms and conditions. If you do not agree to be bound by the terms and conditions of the present Agreement, do not use gayrest.com and leave the website immediately. The terms and conditions of the present Agreement are subject to be changed by gayrest at any time at its sole discretion, and you agree to be be bound by all modifications, changes and/or revisions of the Agreement. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you are not eligible to use gayrest.com. The terms and conditions contained herein apply to all users of gayrest, whether a 'visitor' or a 'registered member,' and you are only authorized to use gayrest.com if you agree to be bound by all applicable laws and the terms and conditions of the present Agreement.

2. DESCRIPTION OF SERVICES
The gayrest website allows users upload, share and view different types of content, allowing registered and unregistered users to share and view visual adult content, including sexually explicit images and videos. gayrest contains video and other content uploaded by users. gayrest enables its users to view the content and use the website under the terms and conditions of the present agreement. The gayrest website may also contain hyperlinks to third party websites which are in no way owned by or affiliated with gayrest. gayrest assumes no responsibility for any content, privacy policies, or business practices of any and all third party websites. gayrest cannot edit, moderate or alter the content of third party sites. You hereby acknowledge that gayrest will not be held liable for any and all liability arising from your usage of any third party website. gayrest.com is a service intended for your personal use and shall not be used for any commercial activities except those specifically approved by gayrest.com in written form. Any illegal and/or unauthorized use of gayrest is prohibited, including but not limited to harvesting user contact details for purposes of spam; unauthorized framing or linking to gayrest is strictly prohibited.

3. ACCESS
In order to access the website, you hereby confirm that you are at least eighteen (18) year of age or of a legal age in the jurisdiction where you reside and from which you access the website. If you are under the age of 18 and/or under legal age in the jurisdiction you reside and from which you access the website, then you are not allowed to use the website.

4. USER CONDUCT
You hereby acknowledge and agree that you shall be responsible for your own Submissions and all and any consequences of posting, uploading, transmitting, publishing, or any other making available on gayrest.com. You agree that you shall not (nor shall other persons using your account) post, upload, publish, transmit or make available in any way any content which is illegal, unlawful, harassing, harmful, hateful, threatening, obscene, tortuous, abusive, defamatory, libelous, privacy-violating, including but not limited to disclosing personal information. You agree that you shall not post, upload, publish, transmit or make available in any way on gayrest any computer software containing viruses, spyware, or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware and/or telecommunications equipment. You agree that you shall not (nor shall other persons using your account) post, upload, publish, transmit or make available in any way any content which intentionally or unintentionally violates any applicable local, state, national, federal or international law, or any regulations or laws having the force of law where you reside and elsewhere, including, but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (no shall other persons using your account) post, upload, publish, transmit or make available in any way content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals. You agree not to use gayrest in any way that exposes gayrest to any possible criminal or civil liability. You agree that gayrest shall have the right to determine at its sole discretion, what action shall be taken in the event of any discovered violation of the terms and conditions of the present Agreement.

5. INTELLECTUAL PROPERTY
The content contained on the pages of gayrest, with the exception of User Submissions, including but not limited to text, software, scripts, graphics, music, sounds, videos, photos, interactive features and trademarks and logos contained therein, are owned by and/or licensed to gayrest, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the website is provided AS IS for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise used for any other purposes whatsoever without prior written consent of the respective owners. gayrest reserves all rights not explicitly granted in and to the Website and the Content. You agree to not engage in any use, copying, distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security features of gayrest or features that prevent or restrict any use or copying of any Content, or enforce limitations upon use of the gayrest website or the Content thereof.

6. USER SUBMISSIONS
gayrest allows the users to submit videos and other communications and enables the hosting, sharing and publishing of such user submissions. You hereby understand that whether or not such User Submissions are published and/or uploaded, gayrest does not guarantee any confidentiality. gayrest permits you to link to materials on the website for personal, non-commercial purposes only. You shall hold sole responsibility for any and all of your User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you explicitly affirm, represent and/or warrant that:
6.1. you own or retain all necessary licenses, rights, consents, and permissions to use and authorize gayrest to use all trademarks, copyrights, trade secrets, patents, or other proprietary and intellectual rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner envisioned by the website and these Terms of Service; and
6.2. you will not post, or allow anyone else to post any material that depicts any person under the age of 18 years and you have inspected the documentation and are maintaining it in written form which is sufficient to confirm that all subjects of your submissions are over the age of 18 years;
6.3. you have the written consent, release, and/or permission of each and every identifiable individual in the User Submission content to use the name or likeness of each and every such identifiable individual to enable inclusion and use of the User Submissions in the manner contemplated by the website and the present Terms of Service. You retain all of your ownership rights in your User Submissions. By submitting the User Submissions to gayrest, you hereby grant gayrest a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the User Submissions in connection with the gayrest website and business gayrest conducts, including, without limitation, for promoting and redistributing part or all of the gayrest website (and derivative works thereof) in any media formats and environments and through any media channels. You also hereby grant each user of gayrest a non-exclusive license to access your User Submissions through the website and to use, reproduce, distribute, create derivative works of, display and perform such User Submissions as permitted through the functionality of the website and under the present Terms of Service. The foregoing license granted by you is immediately terminated once you remove or delete a User Submission from gayrest.
In submitting material (video or other communication), you further agree that you shall not:
6.4. submit material that is copyrighted, protected by trade secret, patents, or otherwise subject to third party proprietary and/or intellectual rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant gayrest all of the license rights granted herein;
6.5. publish falsehoods or misrepresentations that could damage the reputation and the business gayrest or any third party;
6.6. submit materials that are obscene, illegal, unlawful, defamatory, harassing, hateful, racially or ethnically offensive, or encouraging conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate and dangerous;
6.7. post advertisements or solicitations of business;
6.8. impersonate another person.
gayrest does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and gayrest expressly disclaims any and all liability in connection with User Submissions. gayrest does not permit copyright infringing activities and infringement of intellectual property rights. gayrest will remove all Content and User Submissions if properly notified that such Content or User Submission infringes any intellectual property rights. gayrest reserves the right to remove Content and User Submissions without prior notice or delay. gayrest will also terminate a User's access to the Website if they are found to be an infringer. While pornographic and adult-oriented content is accepted, gayrest also reserves the right to decide at its sole discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material, or excessive length. gayrest may remove such User Submissions and/or terminate a User's access for uploading such material if a violation of these Terms of Service at any time is found, without prior notice and at its sole discretion. You understand and acknowledge that your usage of gayrest.com includes being exposed to User Submissions from a variety of sources. gayrest is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further fully understand and acknowledge that you may be exposed to User Submissions that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against gayrest with respect thereto, and agree to indemnify and hold gayrest, its owners, affiliates, operators, officers and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the website. You agree that gayrest may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the website or any other website in the gayrest network or services at any time, for any reason, or for no reason at all, with or without prior notice. gayrest provides its website as a service to its users. gayrest assumes no responsibility for monitoring the gayrest Services for inappropriate content and/or conduct. If at any time gayrest chooses, at its sole discretion, to monitor the gayrest services, however, gayrest assumes no responsibility for any content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any User submitting any such content. gayrest may review and delete any User Submissions which, in its sole judgment, violate the present Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the website (collectively referred to as "Inappropriate User Submissions"). You are fully responsible for the User Submissions that you upload and make visible on the website or at any third party website via an embedded player provided by gayrest or any other material or information that you transmit or share with other Users via the website.

7. POLICY
gayrest employs ZERO TOLERANCE policy relating to any illegal content. Underage erotica, bestiality, rape, snuff, torture, death and/or any other type of obscene and/or illegal material is illegal at gayrest. gayrest is committed to cooperating with all governmental agencies that combat the production and distribution of child pornography.

8. WARRANTIES
You represent and warrant that all and any of the information provided by you to gayrest in order to participate in the gayrest website is accurate and true, and that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required from you under its conditions. As a condition to your using gayrest, you must agree to the terms of gayrest privacy policy and all and any of its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks, and changes may be made to conform and adapt to technical requirements of connecting networks and/or network devices. You further acknowledge and agree that other data collected and maintained by gayrest with regard to its users and members may be disclosed in accordance with the gayrest privacy policy.

9. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, gayrest, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. gayrest MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
a. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
b. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER ARISING FROM YOUR ACCESS TO AND USAGE OF OUR WEBSITE,
c. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
d. ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY SOFTWARE ERRORS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
e. ANY ERRORS OR OMISSIONS IN ANY CONTENTm OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE gayrest WEBSITE. gayrest DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR ADVERTISING OF OTHER FORM, AND gayrest WILL NOT BE IN ANY WAY 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 OWN BEST JUDGMENT AND EXERCISE CAUTION WHERE IT IS APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT gayrest SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING IS YOUR OWN RISK AND RESPONSIBILITY.

10. INDEMNITY
You agree to defend, indemnify and hold harmless gayrest, its parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney fees) arising from:
a. your use of and access to the website;
b. your violation of any term of the present Terms of Service;
c. your violation of any third party rights, including, without limitation, any copyright, property, intellectual or privacy right; or
d. any claim that one of your User Submissions caused damage to a third party.
You hereby state that you are of a legal age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties established in these Terms of Service, and you commit to abide by and comply with these Terms and Conditions contained herein.

11. ASSIGNMENT
The Terms and Conditions described herein and any rights and licenses granted hereunder may not be transferred or assigned by you. Such conditions may only be assigned by gayrest without restrictions. In case any term, clause or provision of the present Agreement is deemed invalid, incorrect or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and such invalid term, clause or provision shall be deemed to be removed from this Agreement.

12. JURISDICTION
This Agreement shall be governed by the laws of Republic of Panama, without regard to conflicts of any law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to the terms of the present Agreement shall be in an appropriate state or federal court located in the Republic of Panama. You hereby agree to be governed by the jurisdiction and venue of the above mentioned courts and you hereby consent to assist in any legal proceeding.

2257
gayrest.com does not produce, in a primary or secondary way, any and all the content located at www.gayrest.com. All inquiries related to 18 USC 2257 records for any and all the content available on the website should be directed to owners of the site for which the actual content was produced. gayrest.com is a site for sharing video content which enables users to upload, share, and watch different types of adult-oriented web content. While gayrest.com is taking every reasonable effort to verify compliance, it may not be 100% accurate. Here are the procedures gayrest.com follows when making sure every content item complies with relevant legislation: Restricting the age of all users to be 18 or higher to upload videos. When uploading content to gayrest.com, the user has to certify he or she is of legal age and all relevant records and IDs for the models featured in the video are stored by a custodian of records, and these records show the models are over 18 years of age. Also, the user has to certify the content being uploaded is owned by the user, or the user owns a legal license to publish and share the content over the internet. Further assistance in finding the content’s originating website is available at support@gayrest.com. gayrest.com enables users flag certain content as inappropriate. If any content is flagged as harmful, illegal, offensive, or harassing, it will be immediately removed from the site. Users of gayrest.com who wish to indicate they came across such content should use the ‘flag as inappropriate’ link available under each and every video.

DMCA
In compliance with the Digital Millennium Copyright Act of 1998 (check http://lcweb.loc.gov/copyright/ for full version), gayrest commits to respond immediately to to claims of copyright infringement that are reported to the address specified below. Please also pay attention that under Section 512(f) any person who knowingly misrepresents that certain content or activity is infringement may be subject to liability. gayrest reserves the right at its sole and full discretion to delete related content and terminate the accounts of gayrest members who infringe or appear to infringe any intellectual property or other rights of third parties. If you believe that your copyright-protected content was copied in a way that constitutes infringement of your intellectual or other rights, please provide us with the following:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is alleged to be infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted content items are covered in a single notification, a representative list of such content items;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be deleted and/or access to which is to be disabled, and information reasonably sufficient to enable gayrest to locate the material;
4. Information reasonably sufficient to enable gayrest to contact the complaining party, including a full name, address, phone number and, if available, email address at which the complaining party can be reached;
5. A statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner or its lawful representation;
6. A statement that the information in the notification is accurate;
7. A statement that, under penalty of perjury, the complaining party is fully authorized to act on behalf of the copyright and intellectual rights owner whose rights are allegedly infringed.
All copyright infringement complaints regarding any content located on the pages of gayrest should be submitted to the following contact address: dmca@gayrest.com

To report non copyright-related issues, you have to use this form:

- Infringing URL(s):
- The copyrighted work from your website URL(s):

Your contact info.
- Name:
- Email:
- Adress:
- Postal Code:
- City:
- Country:
- Phone Number:

With form you agree with:
a) You have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.
b) The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your Electronic signature.
- Date:
- Digital Signature:

Please send this form to dmca@gayrest.com