1. Eligibility to use the Site
The Site is available for use only to persons who are at least eighteen (18) years old, or twenty-one (21) years old, depending on the age of majority in Your jurisdiction, and are otherwise capable of forming legally binding contracts under applicable laws. xstumbl may, in their sole discretion, require proof from Members, that they have attained the age of majority in their jurisdiction prior to using the Site. Failure to produce proof of age will result in termination of Your Membership.
You agree not to use or access the Site or become a Member if doing so violates any law, regulation, decree, treaty or administrative act of Your state, province or country. xstumbl makes no representations that the Site or any contents it contains are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. In addition You cannot access the Site if You reside in a country that is prohibited from entering into trade relations with the United States or its citizens, countries include but not limited to Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia. Those who choose to access the Site from such locations do so, on their own initiative and are solely responsible. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Members.
2. Modifications to the Membership Agreement and Policies
xstumbl reserves all rights in its sole option to amend or terminate the Site, or adapt the terms and conditions of Your usage of the Site, without notification. All amended changes to the terms and conditions will be operative thirty (30) days after they are originally displayed on the Site.
xstumbl will attempt to take necessary steps in order to notify You of changes to the Site’s terms and conditions; however it will remain Your responsibility to regularly check the Site for updates to the Terms. If You do not agree with any changes to the Membership Agreement or any other changes to the policies of the Site, Your only viable alternative is to cease using the Site. By remaining to use any of the features of the Site, You accept and agree to be obligated to any of the modifications of the Membership Agreement, policies or business practices of the and You agree to take full responsibility for Your failure to review changes to the Site’s new terms and conditions. xstumbl will not be responsible for Your neglect of Your legal rights.
3. Suspension or Termination of Membership
You authorize xstumbl to possess the right at any location in time to suspend or terminate Your membership and disable Your future use and/or access to the Site without any reason or prior notice to You in the event that any of Your actions or decisions breach this Membership Agreement, infringe on any current policies on the Site, potentially violate any laws or statutes, or in cases where xstumbl deems, in good faith, that Your actions may be harmful to You, any Members, xstumbl, or the Site, in any manner.
You agree that if Your Membership is terminated by Us, for whatever reason, You will not attempt to re-register or use the log in details of an existing Member, using the same or different username or using the same or different IP address, without prior written consent from Us. Active Members will not knowingly allow terminated Members to use their active account or post terminated Members Media and/or content through their active Account. Failing to comply with this ordinance will result in the immediate termination of all Members proven or suspected to be involved.
4. Ownership of the Site including all URLs and any content created or derived from the Site.
xstumbl owns all legal and intellectual rights to the titles, procedures, systems, devices, content, processes, format, designs, logos, URLs, buttons, patents, copyrights, trademarks, likenesses, intellectual property, derivative works, improvements and features. No use of such materials, tangible and intangible, owned by xstumbl or the Site may be used, shared or displayed in any manner unless with expressed written consent by xstumbl. Additionally, You agree and recognize that over time Your username may be given to another Member in the event Your account is not currently active or in the event that Your account is closed.
You agree to give xstumbl irrevocable non-exclusive royalty free rights to use any of Your uploaded Media for any purpose, including publication, display, modification, and creation of derivative works. In addition, all Products and digital Media, uploaded onto the Site with the intention of promotion will remain the property of xstumbl until such time that it is either deleted by the owner or the owner has provided xstumbl with a written request asking for the Media to be removed from the Site and for rights to be reverted back to the original owner. The reference in this license to creating derivative works is not intended to give xstumbl a right to make substantive editorial changes or derivations, but does enable reblogging, which allows xstumbl Subscribers the right to redistribute Subscriber Content from one xstumbl blog to another in a manner that allows them to add their own text or other Content before or after your content.
You retain ownership you have of any intellectual property you post to xstumbl.
xstumbl will make all attempts to promptly remove the Media in a timely manner after xstumbl receives the request for removal. In the case that a Member is terminated due to violate of the Membership Agreement or Policies, xstumbl will retain ownership of all digital media until such time that the owner provides a written statement requesting removal and for ownership to be reverted back to the original owner.
5. Disclaimer of Warranties
You expressly agree that Your use of the Site or any services or any of the Products and Media contained therein is at Your own and sole risk. You also understand that any material and/or data downloaded, uploaded or otherwise obtained and transmitted through the use of the Site or any of the Material contained therein is done at Your own risk and that You are solely responsible for any damages to Your computer system or loss of data that may result from the download, upload or transmission of such materials and/or data.
xstumbl also makes no warranties or representations that the Site or its service or any materials contained therein, will be uninterrupted, timely, secure or error free, nor do We make warranties or representation as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site or its services and materials. In addition, xstumbl makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusion may not apply to You.
6. Limitation of Liability
Under no circumstances will xstumbl be held liable to You, or any third party, for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Products, whether or not xstumbl has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, xstumbl and its suppliers’ aggregate liability to You arising with respect to this agreement will not exceed one hundred dollars. xstumbl will not be liable for the consequences of any interruptions or errors. However, due to some jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, the above limitation and exclusions may not apply to You.
7. Links to External Websites
xstumbl may provide links to websites that are owned and operated by third parties. Such links are provided for reference only and xstumbl neither controls such websites not endorses any of the material on any such websites or any association with their operators and therefore You acknowledge and agree that We are not responsible or liable for content, advertising, services, products or other materials on or available from such websites and resources. In addition, You acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused to You by or in connection with the use of third party websites.
Any notice or other communication required by Us to You, will be given in writing and sent via email to the address provided to Us by You. Any notice or other communication from You to Us, should be sent via email to the appropriate address to which Your communication relates.
It is the responsibility of both parties to notify the other party of changes to their email address. xstumbl will accept no responsibility for notices not received due to You not maintaining Your contact details and keeping them up to date. The date of receipt shall be deemed the date on which such electronic notice is transmitted. Any correctly addressed notice that is refused, unclaimed or undelivered, because of an act or omission of the You to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server. xstumbl will take no responsibility for notifications not received.
9. Digital Millennium Copyright Act Counter Notification Procedure
If You receive a Notice of Claimed Infringement and feel that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in above, then You are permitted to submit a counter-notification as according to Section 512(g)(2) and (3) of the Digital Millennium Copyright Act(DMCA). A counter-notification is the proper method for You to dispute the removal or disabling of material pursuant to a Notice. The information that You provides in a counter-notification must be accurate and truthful, and You will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
(a) A specific description of the material that was removed or disabled pursuant to the Notice.
(b) A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
(c) A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) The Recipient's physical address, telephone number, and email address.
Upon receiving Your DMCA-compliant counter-notification, xstumbl will provide the counter-claim to the entity that originally provided the Notice concerning the material in question. xstumbl will allow up to fourteen (14) days for a remedy to come about. In the case of a successful counter-claim, xstumbl, in their sole discretion, may but not limited to re-instate Your Members Account, replace any deleted Media or take no action at all.
10. Prohibited Content
xstumbl is an adult microblogging community that promotes the freedom of adult sexual expression. Use xstumbl to curate, showcase, and display your sexual interests, thoughts, or identity. You may NEVER use xstumbl to promote, encourage or endorse the following:
(a) Harm to or Exploitation of Minors. No content featuring anyone under the age of eighteen (18) years of age may be posted, shared, or discussed anywhere on the site. You will immediately be banned and reported to your local law enforcement agency if you violate this provision.
(b) Drug Use or Promotion of Drug Activity. Do not post or share content of any individual engaged in any use of illegal drugs. These items are illegal and against federal law. Promotion of these materials or activities will result in account suspension and IP blocking.
(c) Extreme Violence, Gore, Mutilation, or Threats of Violence. Never post or share content including violence threats, acts of violence, murder, snuff, gore, mutilation, blood, or any other harmful act. Do not post extreme violent or horrific content to be edgy or to get attention. It will just get you banned.
(d) Bestiality or Harm Against Animals. Little fur friends don't deserve to be abused and content featuring such acts of abuse will result in a permanent account ban as well as a report to your local law enforcement agency for animal cruelty and abuse.
(e) Spam. xstumbl is a great place to promote your website, cam services, sexual escapades, or online paid membership services. However, don't go overboard and act like a spam bot by using excessive, irrelevant tags, by harrassing other members through spam offers, by injecting code into your page to mislead, disceive, or trick users with popups, blind links, or hidden scripts. Do not post paid ads within your page that result in excessive pop-ups or never ending click offers.
(f) Copyright or Trademark Infringement. Do not post content which you do not have the permission to post or share or content that is owned by someone else. We require a DMCA notice to be submitted when content is claimed to be owned by someone else and posted without their knowledge or consent. Repeat offenses of this will result in full account closure.
(g) Revenge Porn. Posting nudes or explicit content that you privately filmed or was given to you to never share with the public is forbidden. Revenge porn is an invasion of privacy and against the law. Do not post nudes of your ex, a celebrity, or a friend out of spite or revenge.
(h) Financial Scams or Prostitution. Never use xstumbl to scam others out of money through fraud, fake giveaways, deception or lies. You may also not use this service to promote illegal prostitution or escorting. We do allow users to promote any adult websites they are a member of, webcam services, or anything else they want to promote. You may never under any circumstance, promote illegal sexual activity. Never ask for users' credit card or financial information or send them off-site to complete a dating affiliate website offer.
(i) Impersonation. Do not try to impersonate people in the porn or cam industry or try to impersonate celebrities. It won't help you get laid, get more followers, or get attention. You'll just get banned and blocked and we'll forget about you.
Violations of any of the above instances will result in either a warning, removal of content, permanent ban, or lifetime account closure.