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You agree, through your use of this service, that
you will not use this site to post any material which is
knowingly false and/or defamatory, inaccurate, abusive, vulgar,
hateful, harassing, obscene, profane, threatening, invasive of a
person's privacy, or otherwise violative of any law. You agree
not to post any copyrighted material unless the copyright is
owned by you. Legal Advice for submitting pictures: Please be
sure that the material you send is yours, and not someone
else's. Please be sure the material is NOT copyrighted and/or
stolen from another website. You must be fully aware that by
sending us your material through this site, you are in effect
releasing us from any legal ramifications that may arise from
the public display of the images in question. By submitting
pictures/movies to rawgfs.com site you agree to indemnify and
hold it's agents, assigns, or owners, harmless from any
responsibilities/liabilities, legal fees, costs and everything
else, that can happen. By submitting your pictures to rawgfs.com
you hereby certify, that all persons on the pictures were
atleast 18 years old at the time the photos were taken. By
submitting your material to rawgfs.com , you give the webmaster
of rawgfs.com the full permission to use your pictures for any
purposes on any website or equipment operated by us. That
includes the right to view, assess, edit, store, delete, use, or
modify the material. By submitting photos to rawgfs.com site you
authorize us to put these photoss online for public viewing on
other websites of ours including paysites and AVS and other
sites that compensate rawgfs.com for that. You will not claim any
copyright infringements and you will not sue the webmaster for
using your pictures, photos or videos. By posting your
pictures/movies on rawgfs.com website, you are stating that you
have read, understand and agree to all the terms set above on
this page and you will be held solely responsible for any and
all content you submit.
All photos on this website are the responsibility of the
original posters. rawgfs.com reserves the right to change
or delete any content. rawgfs.com holds no responsibility
whatsoever for the content posted on this website.
That being said, using this website is done at your own risk and
rawgfs.com will not be liable for any damage or loss caused by a
photo or any other user driven content such as comments.
rawgfs.com will also not be held liable for any damages or losses
that may occur as a result of dealing with other users on this
website.
You
agree not to post photos, make comments, or any content that
contains nudity, is harmful, unlawful, disrespectful, false, not
yours (copyright, patented, etc.), that includes personal
information with permission of the person in which information
is posted, spam, or any material that may be damaging to
rawgfs.com and it's users. Photos must be manually posted by a
person without the use of any automated process.
rawgfs.com is not responsible for the content posted on this
website. rawgfs.com has the right to do whatever it wants with
content posted, such as change or delete it. You agree to not
create post photos that are illegal or that may harm another
person in any way. You agree to not spam any users on this
website and to use the site for only its intended purpose.
All
visual depictions displayed on this Web site, whether of actual
sexually explicit conduct, simulated sexual content or
otherwise, are visual depictions of persons who were at least 18
years of age when those visual depictions were created. All
other visual depictions displayed on this Web site are exempt
from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because said
visual depictions are not visual depictions of conduct
specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but
are merely depictions of non-sexually explicit nudity, or are
depictions of simulated
sexual conduct, or are otherwise exempt because the visual
depictions were created prior to November 1, 1990, or were
produced, manufactured, published, duplicated, reproduced, or
reissued before May 26, 1992. The owners and operators of this
Website are not the primary producer (as that term is defined in
18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of any of the
visual content contained on the Web site. All pictures are
presented by third parties. All pictures are legal property of
third parties.
TO SUBMIT YOUR
MATERIAL YOU MUST AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS FORM:
1. By agreeing to this
Agreement and submitting your video, or other visual or audio
data (collectively, Content) to www.rawgfs.com, you are granting
Raw GFS Entertainment Inc., a Ontario based Corporation and its
successors, assigns, and licensees and parent, subsidiary and
other affiliated entities (Raw GFS), an option to elect to either
(a) purchase all right, title and interest in and to the Content
(Purchase); or (b) receive a non-exclusive, fully-paid,
world-wide, royalty-free license (License) to publicly display,
publicly perform, distribute, and reproduce your Content,
portions or derivative works thereof in any manner and in any
medium, including, without limitation, through physical copies
such as still photos, videos, and CDs, on merchandise such as
T-shirts, posters and assorted paraphernalia, by television by
any means, on or via the Internet, including, without
limitation, the World Wide Web, and any other two-way
transmission control protocol / internet protocol (TCP/IP) based
distribution network or similar networks or technologies now
known or hereafter to become known, including, but not limited
to, delivery via such a network to personal computers, hand-held
devices, and television set-top boxes through telephone or cable
lines, or wirelessly through broadband, satellite, cellular or
terrestrial broadcast networks and other similar networks or
technologies whether now existing or hereafter developed. You
understand that the Purchase gives to Raw GFS, at a minimum, all
of the rights granted by the License. 2. You agree that no
obligation of any kind is assumed by or may be implied against
Raw GFS because of Raw GFSs receipt or potential or actual review
of the Content or any discussions or negotiations you may have
with Raw GFS.
2. You represent and warrant
that you have the legal right and authority to grant the option
to Raw GFS, and to either sell or license the Content to Raw GFS
as provided above. If you are under the age of eighteen (18),
you must have your parent or legal guardian add your Content on
your behalf.
3. You represent and warrant
that the submission of the Content to Raw GFS, the review of the
Content by Raw GFS, the rights granted to Raw GFS under this
Agreement, including the public display, public performance,
distribution, and reproduction of your Content or portions or
derivative works thereof, will not violate or infringe upon the
copyright, literary, privacy, publicity, trademark, service mark
or any other personal, contractual or property right of any
person or entity and that your Content will not constitute a
libel or defamation of any third party. You also represent that
you are the sole owner of the Content and all rights therein,
and that it is original to you.
4. You represent and warrant
that you have paid and will pay in full all license fees,
clearance fees, and other obligations, of any kind, arising from
any use or commercial exploitation of the Content, including,
without limitation:
A. Copyright. All claims and rights of the copyright holders, if
any, in literary, dramatic, musical or other material, including
stories, plays, scripts, scenarios, themes, incidents, plots,
characteristics, dialogue, music, words appearing, used or
recorded in your Content.
B. Contracts. All obligations, of any kind, including, without
limitation, those with artists and personnel, relating to
purchases, licenses, laboratory contracts, distribution,
exhibition, performance or exploitation of your Content.
C. Guild/Union/Performing Rights Society-Participation Payments.
Any payments Mandatory to be made to any performing rights
society or to any body or group representing authors, composers,
musicians, artists, and other participants in the production of
your Content, publishers or other persons having legal or
contractual rights of any kind to participate in the receipts of
your Content or to payments of any kind as a result of the
distribution or exhibition of your Content and any taxes thereon
or on the payment thereof.
5. The content of your
Content must not invade privacy rights or in any other way
violate applicable laws and regulations. In the event of the
exploitation of images of individuals under the age of eighteen
(18), you have the legally Mandatory consent of such individuals
parents or guardians to do so.
6. You represent that the
Content contains no virus or other code or material that will,
upon the occurrence of an event, the passage of time, or
otherwise, delete or alter any data or impair the operation of
any computer system or any equipment or software thereon, or
permit any unauthorized access to any such system, equipment or
software.
7. You have read and agree
to abide by the terms of Raw GFSs TERMS OF USE AGREEMENT as
posted on Raw GFS's websites and as updated from time to time.
8. You agree to indemnify
and hold harmless Raw GFS, its respective officers, directors,
shareholders, employees, accountants, attorneys, agents,
affiliates, subsidiaries, successors and assigns from and
against any and all third party claims, damages, liabilities,
costs and expenses, including reasonable legal fees and
expenses, arising out of or related to any breach by you of this
Agreement, including a breach of any representations and
warranties made by you in this Agreement. You agree to cooperate
fully with Raw GFS in the defense or settlement of any claim
arising from your breach or alleged breach of any provision of
this Agreement.
9. All right, title and
interest not expressly granted by Raw GFS are expressly reserved
by Raw GFS.
10. Raw GFS SHALL NOT BE
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR
PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH THE SUBJECT
MATTER OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, EXCEPT
AS EXPRESSLY STATED IN THIS AGREEMENT, Raw GFS MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
OR OTHERWISE WHICH WOULD EXTEND BEYOND THE EXPRESS
REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. IN
NO EVENT SHALL Raw GFSS AGGREGATE LIABILITY UNDER THIS AGREEMENT
FOR ANY CLAIM EXCEED THE AMOUNT OF MONEY YOU PAID TO Raw GFS.
11. You acknowledge that you
have not relied on any statement, representation or promise of
Raw GFS except as expressly stated in this Agreement.
12. If you do not accept and
agree with any provision or paragraph of the Agreement, do not
submit the Content to Raw GFS, because any submission of the
Content to Raw GFS constitutes your full and complete acceptance
of this Agreement. You agree to keep all records relating to
your submission of Content and keep a copy of this Agreement for
your records. Raw GFS reserves the right, at its sole discretion,
to deliver notices and disclosures to you by electronic and
other means such as postal mail.
13. You acknowledge that you
are submitting the Content voluntarily and not in confidence or
in trust, and that your submission of the Content does not
create any confidential or fiduciary relationship between you
and Raw GFS. Any part of the Content which any member of the
public could freely use may be used by Raw GFS without liability
to you or any other entity claiming rights from or through you.
14. You believe the Content
and its features are unique and novel. You acknowledge, however,
that because of Raw GFSs position in the interactive online
entertainment industry, other persons, including Raw GFSs
employees, may have submitted to Raw GFS or to others, or may
have made public, or may hereafter create, submit to Raw GFS or
make public, similar or identical material that Raw GFS may have
the right to use. You understand and agree that Raw GFSs use of
material similar to or identical with the Content or containing
features or elements similar to or identical with those
contained in the Content will not obligate Raw GFS to negotiate
with you, nor will it entitle you to any compensation of any
kind if Raw GFS determines that it has an independent legal right
to use such other material (for example and without limitation,
because such features or elements were not new or novel, or were
not originated by you, or were or may hereafter be independently
created by or submitted to Raw GFS). Raw GFSs determination
concerning such independent legal rights is subject to the
arbitration provisions below.
15. You agree that
Raw GFS
will not be obligated to returnthe content to you. You have
retained a copy of the Content, and you release Raw GFS from any
and all liability for loss of or damage to the copy of the
Content you have submitted to it.
16. The rights and
obligations under this Agreement, including without limitation
the option to Purchase or License the Content, as well as the
Licenses granted by you to Raw GFS, are assignable by Raw GFS in
its sole discretion. You may not assign your rights and
obligations under this Agreement without the prior written
consent of Raw GFS, which consent may be granted or withheld in
Raw GFSs sole discretion. Any assignment in violation of the
preceding sentence shall be void.
17. You agree that any
controversy arising out of or in connection with any alleged
wrongful use of the Content, or a dispute with reference to this
Agreement, its validity, or effect will be governed by the laws
of the province Ontario. Any controversy arising out of or in
connection with any alleged wrongful use of the Content or a
dispute regarding this Agreement, or its validity or effect,
will be conclusively determined by arbitration in the City of
Toronto in accordance with the rules of the ADR Institute of
Ontario; provided, however, that such arbitration will be held
before a single arbitrator selected by the parties, which
arbitrator must be well acquainted with the digital
entertainment Internet industry. You agree that any proceeding
that you may choose to bring against Raw GFS will be initiated
within six (6) months after the date of Raw GFSs first use of any
material that you claim to be yours. You and Raw GFS each waive
any and all rights and benefits which you or we might otherwise
have or be entitled to litigate any such dispute in court,
because it is your and Raw GFSs intention to arbitrate all such
disputes according to the provisions hereof. The arbitrator's
decision will be controlled by all the terms of this Agreement.
Any such decision and accompanying award will provide for each
party, respectively, to bear its own costs of arbitration and
attorneys fees. The pendency of an arbitration, the proceedings,
any evidence or other material, and any award shall be
maintained and remain confidential, except that an award may be
confirmed by a court of competent jurisdiction if it has not
been fully satisfied within 14 days of its issuance.
18. You have read and
understand this Agreement, and you acknowledge that no oral
representations of any kind have been made by Raw GFS and that
this Agreement states the entire understanding between you and
Raw GFS. Any modification or waiver hereunder must be in writing,
affirmed by the party to be bound. The invalidity of any
provision hereof will not affect the remaining provisions.
rawgfs.com, is a new site for men to share work-safe photos of
the women in their lives. If you see a photo that is deemed
inappropriate, please help by
flagging it down. Got a current or ex girlfriend or wife to
share? Please do by clicking submit a photo up at the top. Got
something to say about someone's photo?
Leave a comment. Enjoy !!. |