Acceptance of Terms of Service These Terms of Service ("TOS") constitute a binding agreement between you and the operators of RedMirchi.Net ("RedMirchi") regarding your use of the RedMirchi website, the RedMirchi Community, the RedMirchi Blog, RedMirchi Radio, and all other services provided by RedMirchi (the "Service"). Please read the TOS carefully. By using the Service you agree to be bound by the TOS and by the RedMirchi Privacy Policy. If you do not agree to any provision of the TOS, you should not use the Service.
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 25th of December 2014.
By accessing the Service you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.
Provision and Modification of the Service You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by RedMirchi, download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. RedMirchi disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. RedMirchi disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that RedMirchi will not be liable for any such services, software, content, or advertising.
RedMirchi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by RedMirchi or others. You agree that RedMirchi will not be liable for any modification, suspension, interruption or discontinuance of the Service.
Conditions on Use of the Service RedMirchi grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
Your Conduct and Your Use of the Service The RedMirchi Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the RedMirchi website, or through the RedMirchi Community. User Content uploaded through the RedMirchi website will generally be made public. When you upload User Content through the RedMirchi Community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the RedMirchi Community, or to make it public. You consent to the public dissemination of all User Content you submit through the RedMirchi website, that you upload through the RedMirchi Community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by RedMirchi, including but not limited to User Content that you upload through the RedMirchi Community and designate as public or to be shared with specified members, audio or video content submitted to the RedMirchi Blog, and calls made to RedMirchi Radio.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize RedMirchi to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that RedMirchi does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by RedMirchi. You are solely responsible for creating backup copies of and replacing any User Content you submit to RedMirchi or post on the Service, at your own cost and expense. You agree that RedMirchi has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. RedMirchi retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that RedMirchi is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Service All content and components of the Service other than User Content ("RedMirchi Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by RedMirchi, or are licensed to RedMirchi subject to copyrights or other intellectual property rights held by others. RedMirchi reserves all rights to the RedMirchi Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.
RedMirchi provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. RedMirchi reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. RedMirchi reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to RedMirchi an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
RedMirchi does not assert any ownership over your User Content; rather, as between RedMirchi and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
RedMirchi may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights RedMirchi obtains will apply only to the compilation, collective work, or derivative work; as between RedMirchi and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize RedMirchi to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
Objectionable or Inappropriate Content By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. RedMirchi does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
RedMirchi may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that RedMirchi is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform RedMirchi by using our contact form. RedMirchi will review your message and the content to which you object (assuming it is still available through the Service). RedMirchi may remove the content if, in RedMirchi's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that RedMirchi is not legally responsible for content that it does not originate. Neither is RedMirchi legally responsible for removing content that it deems inappropriate from the Service.
RedMirchi reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of RedMirchi, its users and the public. You agree that RedMirchi will not be liable for exercising or failing to exercise any of these rights.
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