XNXX legal/tos changes — 20210514_rev01

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- A statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.

96

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Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

98

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Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area ("**EEA**"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter-notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.

100

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I consent to my personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).

101

You consent to you personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).

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That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.

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For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).

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For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you ("**Third Party Personal Data**"), and disclaim any and all liability in connection with the Third Party Personal Data.

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D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.

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### 7\. Warranty Disclaimer

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YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

75	75	- information reasonably sufficient to permit NKL to contact you, such as a physical address, telephone number and email address; and
76	76	- a statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law; and
77	77	- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that you are authorized to act on behalf of the owner's behalf.
78	78
79	79	You acknowledge that if you fail to comply with all of the requirements of this section, your takedown request may not be valid or may be delayed in processing. Please note that for the specific purpose of reviewing and processing your claim of an alleged copyright infringement and to safeguard our legitimate business interests and the legitimate interests of our users, when submitting a takedown request, we are required to process your personal data and provide the uploader of the material at issue with the following personal data: your name, your contact information, as well as the contents of your takedown request. If you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question. We rely on your consent to transmit your personal data to the takedown request or counter-notification claimant and without it, we are unable to process your takedown request or counter-notification as prescribed under the DMCA. Where the party against whom you are making your takedown request resides outside the European Economic Area ("EEA"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit your personal data exclusively for the purpose of assessing the merits of your takedown request and will notify the recipient of the data of this limited purpose and the confidential and sensitive nature of your personal data. However, we are unable to control the use of your personal data by the recipient, and we do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
80	80
81		I consent to my personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
	81	You consent to your personal data being transmitted to the uploader of the material at issue in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).
82	82
83	83	#### Copyright Counter-Notification Process
84	84
85	85	When an uploader's video submission has been removed, the Website will notify the uploader of this removal.
86	86	Pursuant to the Website's policies and in accordance with the DMCA, the uploader has five (5) days to submit a counter-notification to the Website, explaining why the original takedown request was sent in error. The counter-notification may be sent to NKL's email address from which the user originally received the forwarded takedown request.
87	87
95	95	- A statement that the uploader will accept service of process from the takedown request claimant or an agent of such person.
96	96
97	97	Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.
98	98
99	99	Please note that for the specific purpose of reviewing and processing your counter-notification related to the relevant takedown request and to safeguard our legitimate business interests and the legitimate interests of our users, we will process your personal data and will provide the party who originally made the takedown request with your completed counter-notification, which will include the following personal data: your name, and contact information, as well as the content of your counter-notification. We rely on your consent to transmit your personal data to the addressees of your takedown request or counter-notifications and without it, we are unable to process your takedown request as prescribed under the DMCA. Where the takedown request claimant resides outside the European Economic Area ("EEA"), you also acknowledge and consent that your personal data may need to be transferred outside the EEA and we consider the transfer to be potentially necessary for the establishment, exercise and defense of legal claims. We undertake to transmit any personal data included in your counter-notification exclusively for the purpose of processing your counter-notification and will notify the recipient that any personal data included in your counter-notification is of confidential and sensitive nature. However, we are unable to control the use of your personal data by the recipient, and do not accept that we are in the position of being a joint controller of personal data sent to the recipient and we do not accept any associated liability for any breaches.
100	100
101		I consent to my personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if I do not have an account) and in line with the Privacy Policy (if I have an account).
	101	You consent to you personal data being transmitted to the takedown request claimant in line with the Privacy Notice (if you do not have an account) and in line with the Privacy Policy (if you have an account).
102	102
103	103	That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.
104	104
105		For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur).
	105	For non-copyright related complaints, such as to report child sexual abuse material, non-consensual sexual acts, privacy, abuse, harassment, or other inappropriate or illegal content, please use the form at [https://info.xnxx.com/takedown-amateur](https://info.xnxx.com/takedown-amateur). We do not accept that we are a joint controller of personal data of any third parties (other than you) available or contained in any forms submitted, or otherwise provided to us, by you ("Third Party Personal Data"), and disclaim any and all liability in connection with the Third Party Personal Data.
106	106
107	107	D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that NKL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NKL with respect thereto, except in the cases strictly defined by applicable law, and agree to indemnify and hold NKL and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your faulty use of the Website.
108	108
109	109	### 7\. Warranty Disclaimer
110	110
111	111	YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.

legal/tos

Full text changes — 20210416_rev01 to 20210514_rev01