1. Your Acceptance of Term of Use
A. By using and/or visiting this website (collectively, including all content available throughout the gutter.com website), you acknowledge and agreed to these terms and conditions (the “Terms of Service”) and Gutter’s privacy notice, found at http://www.gutter.com/privacy_policy.htm and incorporated here by reference. If you do not agree to the Terms of Service and Gutter’s Privacy Notice, please do not use the Gutter.com website.
B. Gutter may, in its sole discretion, from time to time, modify or revise these Terms of Services and Privacy Notice, at any time, and you agree to be bound by such modifications or revisions. Gutter may attempt to notify you when major changes are made to these Terms of Service, but you should periodically review them for the updated version at http://www.gutter.com/terms_of_use.htm. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Accordingly, we encourage you to be aware when you leave the Gutter website and to read the terms and conditions and privacy policy of each other website that you visit.
2. Gutter Website
These Terms of Service apply to all users of the Gutter Website, including Registered Users who may also be contributors of video content, information, and other materials or services on the Website. The Gutter Website may contain links to third party websites that are not owned or controlled by Gutter. Gutter has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Gutter will not and cannot censor or edit the content of any third-party site. By using the Website that you visit, you expressly relieve Gutter from any and all liability arising from your use of any third-party website.
3. Website Access & General Use of Gutter Website
Gutter hereby grants you permission to use the Gutter website as set forth in this Terms of Service, provided that:
A. You are at least 18 years of age or that you are at least 21 years of age if that is the age of majority where you reside;
B. You agree that your use of the Gutter website is for your own personal and/or noncommercial use;
C. You agree that you will not copy or distribute any part of the Gutter website (hereinafter referred to “Website”) in any medium without Gutter’s prior written authorization;
D. You agree that you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose, including the Gutter Embeddable Players and Content obtained from the Website; and that
E. You agree to comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
F. If you use the Gutter Embeddable Player on your website, you must include a prominent link back to the Gutter website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
H. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Gutter servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Gutter grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gutter reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website for any reason.
G. Gutter reserves the right to discontinue any aspect of the Gutter Website at any time.
In order to access some features of the Website, you will have to create an account and become a Registered User. You must provide accurate and complete information. Any information you provide to us is governed by our Privacy Policy which is incorporated herein by reference. You are advised to review the Privacy Policy by clicking on the link.
When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are not to give your account and password to others. You must notify Gutter immediately of any breach of security or unauthorized use of your account. Although Gutter will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gutter or others due to such unauthorized use. In addition to these features, Registered Users may participate in the User Rewards Program.
4. Contents on the Website
The content on the Gutter Website, except all User Submissions (as defined below) and User Comments, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, comments, chat boards, chat rooms messages, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Gutter, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Gutter reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Gutter Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Gutter Website or the Content therein.
You understand that when using the Gutter Website, you will be exposed to Content from a variety of sources, and that Gutter is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or related to the Content that it does not own, those submitted or written by users. You further understand and acknowledge that you may be exposed to content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gutter with respect thereto, and agree to indemnify and hold Gutter, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5. User Submissions
A. The Gutter Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Gutter does not guarantee any confidentiality with respect to any submissions.
B.In order to submit User Submissions, a Register User must submit to Gutter, the following documents to obtain submission privileges:
(1)A scan copy of your driver license/passport;
(2)A photograph of yourself holding your driver license/passport - close enough so that your driver license/passport is identifiable in the photograph as being you (“User Photograph”); and
(3)The User Photograph is notarized with your signature with the following declaration:
“ I certify that I am __________________ in the picture above holding my ____________.
Date: ________________ Signature: _________________ “
Upon receipt of the above references documents, Gutter will review the submitted documents and in its sole discretion may grant the Register User privileges to submit User Submissions. The Register User will be notified via email if their account is granted submission privileges.
C.You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or warrant that:
(1) You are a Registered User;
(2) Your account has been granted submission privileges;
(3) You will submit written documentation demonstrating that you own and/or have the necessary licenses, rights, consents, and permissions to use and authorize Gutter to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service;
(4) You will submit to Gutter at the time of submission, the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service;
(5) You will provide written proof to Gutter that each and every identifiable individual person in the User Submission was at the time of the creation of the User Submission at least eighteen (18) years of age;
(6) If the User Submission contains actual or simulated depictions of sexually explicit conduct as defined by 18 USC Sections 2257 and 28 C.F.R. 75, you will provide to Gutter written copies of all documentation and other information mandated by US Law and the regulations promulgated thereunder in the manner that Gutter will prescribe below, including but not limited to, all model releases, assignments, licenses properly endorsed to and for the benefit of Gutter for all your User Submission, and identification for each performer appearing in the User Submission certifying their proper age;
By submitting the User Submissions to Gutter, you hereby grant Gutter a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Gutter Website and Gutter’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Gutter Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Gutter Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
In addition to the representations and warranties, User Submissions must be accompanied by the appropriate written records and releases, as set forth in Section 5C. The following link will take you to the User Submission form: USER SUBMISSIONS where you can submit your Content along with the required documentation if you have been granted submission privileges.
D. In connection with User Submissions, you further agree that you will NOT:
(1) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary 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 Gutter all of the license rights granted herein;
(2) Publish falsehoods or misrepresentations that could damage Gutter or any third party;
(3) Submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(4) Without limiting the foregoing, you will not submit any material which depicts or implies under age sex, child pornography, beastiality, actual or simulated rape, non-consensual sex, scat, extreme sexual violence, defecation, urination, genital mutilation, menstruation, obscenity, threats of physical harm to persons and necrophilia;
(5) Post advertisements or solicitations of business;
(6) Impersonate another person.
E. Gutter does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Gutter expressly disclaims any and all liability in connection with User Submissions. Gutter does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Gutter will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Gutter reserves the right to remove Content and User Submissions without prior notice. Gutter will also terminate a User’s access to its Website, if they are determined to be a repeat infringer or at Gutter’s sole discretion. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, Gutter also reserves the right to decide 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 law, such as, but not limited to, obscene or defamatory material, or excessive length or not meeting Gutter’s Terms of Services, or in Gutters sole and absolute discretion. Gutter may decline to permit any uploads of any material at any time in its sole and absolute discretion and may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
F. Gutter respects your Intellectual Property and Privacy Rights and those of others.
If you are the copyright owner or have superior copyrights to any content that appear on this Website and those content have been uploaded to this Website without your permission, you may notify Gutter to take the content down by sending your notice to the following email address: dmca@gutter.com. Content, includes but are not limited to images, digital video, audio files, and flash files, in any format.
The Gutter Take Down Policy is modeled after the Digital Millennium Copyright Act (17 USC Sec. 512) and requires anyone claiming that if Content infringes on their copyright to notify Gutter at our email address at dmca@gutter.com with the following information:
(1)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2)Identification of the copyrighted material claimed to have been infringed;
(3)Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(4)A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
You acknowledge that if you fail to comply with all the requirements of this Section 5E, that your copyright infringement notice may not be valid. Once the notice is received by us we will send you a confirming email to the email address you provide for us to contact you. It is important that you provide us with a valid email address and other contact information. You will be required to respond to the confirming email. Once we receive the confirming email, the Content will be deleted and/or access blocked pending a counter notice.
G. Uploading of Avatars
(1) You should only post photos of yourself.
(2) You are not allowed to post photos that are copyrighted or are of some famous person that isn't you.
(3) You also should not post photos that are excessively revealing, sexualized or obscene.
(4) Avatars should not violate any other Terms of Gutter.com including avatars depicting child pornography, rape, bestiality etc.
(5) Any avatar found to be in violation of Gutter.com's Terms of Service will be removed and the member's account terminated.
(6) Avatar uploads can take anywhere between 24 to 48 hours to be approved.
6. User Comments & Chat
A. Your use of areas of the Gutter that are intended for interaction with other users (e.g., chat rooms, online polls, comment boards) may allow you to publish certain personal information about you. By choosing to use these areas, you understand and agree that anyone may access and forward any information that is contained in or that you post to those areas. You also understand that you will be exposed to Content from a variety of sources, and that Gutter is not responsible for the accuracy or usefulness of that Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gutter with respect thereto, and agree to indemnify and hold Gutter, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
B.Chat room rules
(1)No abuse or racist or prejudicial slurs.
(2)No pressuring or bullying.
(3)No advertising.
(4)Speak the language of the chat room, except in the Lobby.
7. The Gutter Rewards Program
A. Reward program rules
(1)Earn rewards for referring friends to Gutter.com.
(2)You must be a registered user of Gutter.com to refer a friend.
(3)You earn 5 reward points for each friend that becomes a registered user of Gutter.com.
(4)If you violate our terms of service you will be disqualified and banned.
(5)Only friends that register from these countries will be counted – 7B.
(6)Only one registration will be allowed per IP address.
(7)Use the, refer a friend link, located under my account to start earning rewards today.
(8)Gutter.com has ZERO-TOLERANCE for SPAMMING, cheating, and unethical Internet business practices. This includes any and all outlets such as UNSOLICITED BULK E-MAILS, IRC, news groups. Any customer found to be utilizing any of the above mentioned, or other unethical Internet business practices will be disqualified and banned from our program. Any reward balance in said accounts will be forfeited and we may pursue legal action. We have proprietary software that is used to track fraudulent traffic, we reserve the right to terminate your account should your account become fraudulent, and these activities included but are not limited to the aforementioned practices and proprietary fraud scans on each account.
B.Accepted Country List for rewards program.
American Samoa, Andorra, Anguilla, Antarctica, Antigua and Barbuda, Aruba, Australia, Austria, Bahamas, Barbados, Belgium, Bermuda, Brazil, Canada,
Cayman Islands, Chile, Christmas Island, Cook Islands, Costa Rica, Cyprus,
Czech Republic, Denmark, Dominica, Dominican Republic, Estonia, Falkland Islands,
Faeroe Islands, Fiji, Finland, France, French Polynesia, French Southern Territories, Germany, Gibraltar, Greece, Greenland, Guam, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Jamaica, Japan, Kiribati, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malta, Mauritius, Mexico, Monaco, Netherlands,
Netherlands Antilles, New Zealand, Norway, Palau, Panama, Poland, Portugal,
Reunion, Saint Kitts And Nevis, Saint Lucia, San Marino, Seychelles, Singapore,
Slovakia, South Africa, Spain, Sweden, Switzerland, Tonga, Tuvalu,
U.S. Minor Outlying Islands, United Kingdom, United States, Vanuatu,
Virgin Islands (British), Virgin Islands (U.S.)
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GUTTER WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GUTTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GUTTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT 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 GUTTER WEBSITE. GUTTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GUTTER WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GUTTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Gutter.com is a registered tradename and service mark of ACMP, Ltd. London, UK. All representations, warranties and rights conferred hereunder shall inure to the benefit of ACMP, Ltd. London, UK., its affiliates, successors and assigns.
AC Europe Services, Ltd.
1 Warner House Harrovian Business Village
Bessborough Road Harrow,
Middlesex HA1 3EX
United Kingdom
9. Limitation of Liability
IN NO EVENT SHALL GUTTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GUTTER WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GUTTER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Indemnity
You agree to defend, indemnify and hold harmless Gutter, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
A. Your use of and access to the Gutter Website;
B. Your violation of any term of these Terms of Service and Gutter’s Private Policies;
C. Your violation of any third party right, including without limitation any copyright, patent, trademark, property, intellectual property, rights of publicity, or privacy right; or
D. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Gutter Website.
11. Ability to Accept Terms of Service
You represent and warrant that you are either more than 18 years of age or that you are at least 21 years of age if that is the age of majority where you reside, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gutter without restriction.
13. Governing Law
This Terms of Service shall be deemed to have been made in, and shall be construed pursuant to the laws of Saint Kitts, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Terms of Service or any action relating to the subject matter hereof shall be the courts of Saint Kitts.
14. General
These Terms of Service, and any other legal notices published by Gutter on the Website, shall constitute the entire agreement between you and Gutter concerning the Gutter Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Gutter’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Gutter reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Gutter Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GUTTER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GUTTER WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED |
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