3. Electronic Acceptance of the Terms and Conditions

 

3.1. The Terms and Conditions, together with any documents expressly incorporated, govern Your access to and use of Tabuu.xxx, whether as a guest or a registered User. Our Terms and Conditions apply to the Website, web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs'', or other online or wireless offerings that post a link to these Terms and Conditions. You should read the Terms and Conditions carefully prior to using the Website.

 

3.2. By accessing and using the Website, clicking any link or button provided to You on Our Website’s interface or accepting Our Terms and Conditions by clicking a button that contains the words “I accept” or “sign up” or some similar syntax, You acknowledge and agree that You are deemed to have unconditionally accepted these Terms and Conditions (or any revised or amended version) and such Terms and Conditions serve as a legally binding agreement between You and Tabuu. You acknowledge that this has the same legal effect as inserting a physical signature on any other legal agreement or contract. If You do not understand Our Terms and Conditions, You should consult an attorney prior to using Our Website.

 

3.3. You consent to accepting the Terms and Conditions electronically and to the electronic storage of records related to these Terms and Conditions.

 

3.4. No act or omission by Us should constitute a waiver of the requirement that You must accept the Terms and Conditions.

 

3.5. If You do not agree to the Terms and Conditions, You must not access or use the Website.

 

4. Amendments or Revisions of the Terms and Conditions

 

4.1. We reserve the right to, in Our absolute discretion, propose changes to the Terms and Conditions from time to time. You acknowledge and accept that We have the right to make amendments and revisions to the Terms and Conditions and all revised or amended versions of the Terms and Conditions are valid and enforceable immediately upon posting.

 

4.2. Any amendment or revision of the Terms and Conditions will immediately supersede the prior version. Such amendments will be reflected in the last modified date of these Terms and Conditions. You agree to regularly check the last modified date of the Terms and Conditions to ensure that You understand the current version. You are hereby on notice of future changes to Our Terms and Condition and any failure to review any amended Terms and Conditions is Your own negligent omission. By continuing to use the Website subsequent to Us making available an amended version of these Terms of Service, You irrevocably acknowledge and accept such amendments.

 

4.3. If any amendment of the Terms and Conditions is deemed invalid by any court, You agree that the prior, effective version of the Terms and Conditions will be considered valid and enforceable to the fullest extent permissible by law.

 

5. Tabuu.xxx

 

5.1. Tabuu.xxx is a Website that allows registered and unregistered Users to view, share and upload various types of sexually explicit, adult-oriented content. The Website is designed for personal use and must not be used for any commercial endeavour unless expressly authorised by Tabuu in writing.

 

5.2. We may feature third-party content on Our Website that is not owned, controlled or affiliated with Tabuu.xxx. Tabuu has no control over, and assumes no responsibility for the content, terms and conditions, policies and/or practices of any third-party Websites. We do not have the ability to edit or control any content from a third-party Website. You hereby release Tabuu from any liability rising from Your use of any third-party Website.  

 

5.3. You acknowledge and accept that Tabuu.xxx primarily contains sexually explicit content (including third-party content) and You may be exposed to content from a variety of sources. Such content may be viewed by You as indecent, offensive and/or objectionable. In relation to this content and all other content, You hereby waive, any legal or equitable rights or remedies You have or may have against Tabuu with respect thereto and agree to indemnify and hold Tabuu harmless to the fullest extent allowed by law regarding all matters related to Your use of Tabuu.xxx.

 

6. Access

 

6.1. Tabuu is providing You access to the Website Tabuu.xxx. You need to provide Your own access to the Internet and are responsible for any costs associated therein. We reserve the right to withdraw or amend this Website and any service or content We provide on the Website in Our absolute discretion without notice. From time to time various technological factors, scheduled software uploads and other factors beyond Our control may temporarily interrupt the full services or certain features of the Website including the ability to log in. Tabuu will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You agree to hold Tabuu harmless to the fullest extent permissible by law against any interruption of service.

 

6.2. By accessing Tabuu.xxx, You declare that:

 

6.2.1.  You are using the Website solely for personal use (not commercial);

 

6.2.2.  You accept and will fully comply with these Terms and Conditions.

 

6.3. You are responsible for ensuring that all persons who access Tabuu.xxx through Your internet connection are aware and comply with these Terms and Conditions.

 

7. Registering an account

 

7.1. You may create an account with Tabuu.xxx to access additional features (the term “Registered User” to be used within this clause and Registered User Content). You agree to provide true, accurate and current information about You as prompted by the sign-up form and You further agree to maintain and promptly update Your information so that it remains true, accurate and current at all times whilst You are a User of Tabuu.xxx. If You elect to create (or are provided with) an account with Tabuu.xxx, You must ensure that Your username, password and any other part of Our security procedures are kept confidential as You are fully responsible for any activity that occurs under Your username and/or password. Your account is personal to You, and You must not allow other people access to the Website via Your username, password or other security information.

 

7.2. User access to Tabuu.xxx is free. We do not provide paid memberships of any kind nor do we require Users to make payment of any kind for Services offered by Us. If we elect to implement premium memberships or subscriptions, we will provide an invitation to Users to voluntarily sign up to the premium membership or subscription on offer and it will not be a compulsory requirement for Users.  

 

7.3. You are permitted to create one (1) account only.

 

7.4. In the event that any national or state law or any other jurisdiction implements a regulation that requires the age verification of Users, We may require You to confirm Your legal age. We may use third party verification services. By proceeding with such verification, You authorize Tabuu to transfer Your personal data to the third party for the purposes of confirming Your legal age.

 

7.5. We recommend that You exit Your account at the end of each session. You must notify Us of any unauthorized access to or use of Your username and password or any other breach of security by contacting Us at Support. Tabuu.xxx will not be liable for any losses caused by any unauthorized use of Your account. Regardless, You may be liable for the losses of Tabuu.xxx or others due to the unauthorized use.

 

7.6. Tabuu reserves the right to disable any username, password or other identifier at any time in Our absolute discretion, including if, in Our opinion, You have violated any provision of these Terms and Conditions.  

 

8. Registered User Content

 

8.1. Tabuu.xxx may contain features that allow Registered Users to chat, message, comment and interact via message boards, chat rooms, forums and personal profiles (“Communicating Features”). A Registered User may also have access to upload, post, share and/or publish material, data, information, images, recordings, videos or content of any kind (for the purposes of this clause 8 referred to as “Registered User Content”) on or through Tabuu.xxx.

 

8.2. A Registered User may submit Registered User Content to the Website including images, videos and comments. You acknowledge that Tabuu makes no promises or guarantees as to the confidentiality of the Registered User Content submitted to the Website. You retain all of Your ownership rights in Your Registered User Content, however by submitting Registered User Content to Tabuu.xxx, You hereby grant Tabuu with an irrevocable, perpetual, non-exclusive, transferable license to use, exploit, reproduce, distribute, display, communicate, and perform the Registered User Content in connection with the Website’s business. We will not be liable to You in any circumstances for the exploitation of Registered User Content that You provide on the Website. You further grant each User of Tabuu.xxx with an irrevocable, perpetual, non-exclusive, transferable license to access Your Registered User Content and to use, reproduce, distribute, display, communicate, and perform the Registered User Content as permitted through the functionality of the Website and in accordance with these Terms and Conditions. The licenses granted by You herein in comments or messages You submit are irrevocable. The licenses granted by You herein in respect of video content will terminate within a Commercially reasonable time after You remove or delete Your videos from the Website. You understand and agree that Tabuu.xxx may retain, but not display server copies of Your video content that has been removed or deleted.

 

8.3. You promise, warrant and affirm that You have the ownership and/or necessary license, permit and authority to upload or publish Your Registered Under Content and You license Tabuu all trademark, copyright, trade secret and other proprietary rights in and to such Re-registered User Content for publication on Tabuu.xxx in accordance with these Terms and Conditions.

 

8.4. You acknowledge that You are solely responsible for Your Registered User Content and any associated consequences with posting, uploading, messaging, transmitting or otherwise Your Registered User Content on Tabuu.xxx. You acknowledge that You are solely responsible for the accuracy and legality of any Registered User Content and We do not make any representation, guarantee or promise whatsoever in respect of Registered User Content submitted by You or other Users.

 

8.5. You agree that any Registered User Content that You upload will not contain third party copyright material without the express consent of the owner of such material. You further confirm that any Registered User Content that You upload will comply with the following:

 

8.5.1.  the Registered User Content is not a duplicate of other Content uploaded by You;

 

8.5.2.  the Registered User Content complies with the Website’s Terms and Conditions, Child Sexual Abuse Material Policy, Copyright Policy and Non-Consensual Content Policy.

 

8.5.3.  You, or the producer of the Registered User Content, have collected and maintained the records required under 18 U.S.C. Section 2257.

 

8.5.4.  You have ascertained with certainty that the individuals depicted in Your Registered User Content are eighteen (18) years of age (or such age required by their State or Country if more than 18 years old);

 

8.5.5.  You own the rights to the Registered User Content or have explicit written authority from the owner of the Content to upload it to Tabuu.xxx; and

 

8.5.6.  the Registered User Content does not contravene any applicable law nor put Tabuu in a position whereby they may be subject to any prospective claim or lawsuit.

 

8.6. We may review Registered User Content submitted to Tabuu.xxx however we are not obliged to. We do not undertake to review all Registered User Content that is uploaded to Tabuu.xxx and we cannot make any promises or warranties in respect of prompt removal or objectionable Content once it has been posted. We will not, under any circumstances, be liable for any claim in respect of Registered User Content uploaded or submitted to Tabuu.xxx.

 

8.7. Tabuu.xxx will not endorse any Registered User Content uploaded or posted by any Registered User and We expressly disclaim any liability connected with Registered User Content. We do not permit copyright infringing activities and We will remove all Registered User Content that infringes on another’s intellectual property rights subject to the DMCA requirements. We reserve the right to remove Registered User Content without notice to the Registered User.

 

8.8. We have no obligation of confidentiality in respect of Registered User Content that contains ideas, suggestions, documents or proposals to Us and We will be entitled to use such Registered User Content at Our absolute discretion without any obligation or compensation to You.

 

8.9. Tabuu.xxx may keep a record of any PII that You provide as a Registered User including Your name, email address, phone number and address. Some of the information You provide as a Registered User may at times be displayed to other Users of the Website.

 

8.10. All Registered User Content must comply with the Terms and Conditions herein.

 

9. Prohibited Uses of Tabuu.xxx

 

9.1.  You must not use the Website for any unlawful purpose. You agree to use the Website for personal use as expressly permitted in these Terms and Conditions and will not use the Website for any other service, including commercial purposes, without Our prior written consent.

 

9.2.  You are prohibited from altering or modifying Our Website or eliminating parts of the Website, including ads. Your use of the website is deemed as express consent to accept the advertisements used throughout the Website and You will refrain from using any disabling techniques including ad-blocking software prior to visiting Our Website.  

 

9.3.  The Website must not be used to:

 

9.3.1.  promote terrorism or physical harm violence;

 

9.3.2.  violate any laws (including without limitation, laws relating to pornography, defamation, copyright etc) or to encourage or promote others to do so;

 

9.3.3.  upload any Content that depicts an individual under eighteen (18) years of age (or such age required by their State or Country if more than 18 years old);

 

9.3.4.  upload any Content whereby You have not confirmed and maintained written documentation that the individuals in the Content are eighteen (18) years of age (or such age required by their State or Country if more than 18 years old);

 

9.3.5.  engage in conduct that is harmful, threatening, abusive, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;

 

9.3.6.  upload any Content that depicts or signified rape, torture, death, child pornography, violence, incest, racial and or hate speech (both oral and written);

 

9.3.7.  upload any Content that is illegal, unlawful, defamatory, hateful and/or racially and ethnically offensive and obscene;

 

9.3.8.  upload any Content that is unsolicited or contains unauthorized advertising, promotions, spam, junk or any other form of unauthorized solicitation;

 

9.3.9.  post any comments, messages, Content that contains misrepresentations that may damage the Website or any linked third party;

 

9.3.10.      post any copyrighted Content or Content protected by intellectual property laws that You do not own nor have permission to release;

 

9.3.11.      use programs or software designed to interfere with the operation of or access in an unauthorized manner, the Website, servers networks or other infrastructure of Tabuu;

 

9.3.12.      upload any Content that impersonates another individual without their express consent;

 

9.3.13.      exceed Your authorized access to any portion of the Website;

 

9.3.14.      exploit errors in design and/or features of the Website to gain access that would not otherwise be available to You; and/or

 

9.3.15.      remove, delete, alter or bypass any digital rights management technology, encryption or security tools used on the Website.

 

9.4.  You further agree not to:

 

9.4.1.  use any automatic device, process or means to access the Website for any purpose including but not limited to monitoring or copying any of the material on the Website unless expressly authorized in writing to do so;

 

9.4.2.  use any manual process to monitor or copy any of the material on the Website unless expressly authorized in writing to do so;

 

9.4.3.  use Tabuu.xxx in any manner that may disable, damage or impair the Website or cause interference with any other User’s use of the Website;

 

9.4.4.  remove any copyright notices from Our Website;

 

9.4.5.  introduce or upload any bugs, viruses, trojan horses, corrupted files, cancelbots, or similar software which malicious and/or technologically harmful to Our Website and may cause damage to the operation or Our Website or any third-party linked to Our Website;

 

9.4.6.  use any device, bot, script or software that interferes with the proper working of Our Website

 

9.4.7.  attempt to gain unauthorized access to the server of which Our Website is stored or any server computer or database associated with Our Website.

 

10.  Monitoring and Enforcement

 

10.1.   We reserve the right to, at Our absolute discretion:

 

10.1.1. take action with respect to Content posted by You that we consider inappropriate or a violation of the Terms and Conditions including infringing an individual’s intellectual property rights, causes harm or potential harm to another individual or threatens the safety of Users on the Website;

 

10.1.2.   remove or refuse to post Content submitted by You;

 

10.1.3.  disclose Your personally identifiable information (“PII”)I or other information about You to any third party who claim that the Content posted by You violates their intellectual property rights.

 

10.1.4. take necessary legal action, including but not limited to, referral to law enforcement for any illegal use of the Website;

 

10.1.5.  terminate or suspend Your access to all or part of the Website for any or no reason, including but not limited to any violation of the Terms and Conditions.

 

10.2.   We reserve the right to cooperate with any law enforcement authority or court of competent jurisdiction requiring or directing Us to disclose the identity information of anyone posting Content on or through Tabuu.xxx.

 

10.3.   TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD TABUU HARMLESS FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

 

10.4.   To the maximum amount extent permissible at law, we reserve the right to review, monitor, display, reject, accept, refuse to post, store, maintain or remove any Content (including, without limitation, private messages, public comments, public group chat messages, private group chat messages or private instant messages) that is uploaded by You to Our Website. We may in Our absolute discretion delete, move, re-format, remove or refuse to post or otherwise make use of Content (including in communication mediums) without notice to You. Uploading prohibited Content is a violation of these Terms and Conditions and may result in suspension or termination of Your account.

 

10.5.   We are under no obligation to review Content uploaded to Our Website. We do not undertake to review all Content that is uploaded to Tabuu.xxx and we cannot make any promises or warranties in respect of prompt removal or objectionable Content once it has been posted. Thus, You must not (or not attempt to) hold Us liable for any action or inaction regarding Content (or communications or transmission) provided by any third party. We will not be liable or responsible to You for performance or non-performance of the matters ascribed in this clause 10.

 

11.  Termination Policy

 

11.1.   Tabuu reserves the right to determine whether uploaded Content is appropriate or a violation of the Terms and Conditions for reasons other than copyright infringement and violation of intellectual property rights. We may at any time, without prior written notice to You and in Our absolute discretion, remove Content and/or terminate Your account if we consider that such material is a violation of Our Terms and Conditions.

 

11.2.   If We consider that You have failed to adhere to the Terms and Conditions or otherwise create a risk to other Users and or Us and or create possible legal exposure for Us, We can terminate Your access to the Website without notice and effective immediately.

 

12.  Intellectual Property Information

 

12.1. Tabuu.xxx is considered a service mark owned by Us.

 

12.2. If required, We will aggressively defend Our intellectual property rights.

 

12.3. Tabuu may have particular service marks and/or trademarks on its Websites including Tabuu, Tabuu.xxx and associated logos. Tabuu.xxx may also contain service marks, trademarks, names and logos of third-party Content providers. All service marks, trademarks, names and logos are the exclusive property of their respective owners and You are not entitled to any right or license with respect to the aforementioned service marks, trademarks, names and logos without the express written consent of the owner.

 

12.4. You must not publicly use any of the service marks, trademarks, names, logos and domain names found on Our Website without Our express written consent. You agree not to use any of the service marks, trademarks, names, logos and domain names found on Our Website in a manner that disparages or discredits Tabuu.

 

12.5. Tabuu.xxx may contain materials available on the Website that We published, created, owned and or licensed (collectively referred to as “IP Material”). Our IP Material may be protected trademark, patent, trade secret, copyright and/ any other applicable law and We retain the exclusive right to all rights in Our IP Material and the Website.

 

12.6. At times You may be granted a conditional, royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to Our IP Material and Website solely for Your personal use in connection with using the Website (refer to further information at MLM).

 

12.7. You must not reproduce, distribute, publicly expose, communicate or make available, adapt, publicly perform or display the Website or IP Material (or any adaptations) without Our express written consent or unless expressly consented to herein. A misuse of the Website or IP Material will constitute a breach of Your limited licence herein and be deemed as copyright infringement.

 

13.  Copyright Matters

 

13.1. We respect intellectual property rights of individuals and entities and expect Our Users to hold the same level of respect.

 

13.2. You must not post, upload or otherwise make available any Registered User Content that infringes any copyright, trademark or other proprietary right of any other person or entity.

 

13.3. We operate a strict Copyright Policy. If You consider any Content violates Your copyright, please refer to Our Copyright Policy for instructions on issuing a DMCA Takedown Notice and contacting Us.

 

13.4. Tabuu.xxx reserves the right to terminate a User’s access to the Website if a User is determined as a repeat infringer.

 

13.5. Tabuu will not mediate disputes between users and trademark owners. We suggest that trademark owners resolve any dispute directly with the user in question or seek a resolution by judicial means. Whilst we are willing to perform a limited investigation of reasonable complaints in respect of purported breach of trademark rights and may remove Content in clear cases of infringement, we encourage Users to report trademark matters to an external body that specializes in this area of intellectual property.

 

14.  Embedded Content

 

14.1. Tabuu.xxx may contain an embeddable player which You may be able to incorporate into Your own website for accessing Content. You must not modify, build upon or block any portion or functionality of the embeddable player from Our Website, including but not limited to links back to the Website.

 

15.  Reporting Abusive Behaviour

 

Tabuu does not tolerate any form of bullying, intimidation or blackmail on or through Tabuu.xxx. Any suspected violation of this term can be reported by contacting Us here.  

 

16.  Reliance on Information Posted

 

16.1. The information provided on Tabuu.xxx is provided for general informative purposes only. Tabuu does not warrant the accuracy, completeness or usefulness of such information. If You rely on the information, You do so at Your own risk. We are not liable, directly or indirectly, for any damage, loss or harm arising from any reliance placed on such information by You.

 

16.2. This Website includes Content provided by third parties. All statements and/or opinions expressed by third parties, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily represent Our opinion. We are not liable, directly or indirectly, for any damage, loss or harm caused or purportedly caused to You by Your access of or reliance on any third party website, content, service, or software. Your access to such third party websites, content, service, or software is at Your own risk and subject to any terms and policies posted on such website, content, service, or software.

 

17.  Revisions of the Website

 

The Content on Our Website may be out of date from time to time. We are not required to nor under any obligation to update such Content in any timely manner. You acknowledge and accept that We may upgrade Content on the Website from time to time.

 

18.  Your information and Our Privacy Policy

 

Any information that We choose to collect on Our Website is subject to Our Privacy Policy. Your access and use of this Website deems Your consent to all actions taken by Us with respect to Your information in compliance with Our Privacy Policy.  

 

19.  Your information and use by others

 

Tabuu.xxx allows third party providers to advertise on Our Website. The third-party providers use technology to deliver advertisements You see using the Website directly to Your browser. Thus, these third-party providers may automatically receive Your IP address. Alternate third parties that place advertisements using the Website may have the ability to use cookies to collect information. We note that IP addresses and cookies generally cannot be used to identify individuals, only devices. Unless You provide additional information to third party advertisers on Our Website, they should not know who You are based on Your IP address and cookies.

 

20.  Social Media and Linking

 

20.1. Tabuu.xx allows You to create links to the Website for the purposes of sharing with other individuals either via social media platform or other means. You must not use such links in any negative manner including to damage Our reputation or take advantage of it. You must not use such a link to suggest any form of association, approval or endorsement on Our part without Our express written consent (particularly subject to the MLM terms herein). You must not cause the Website or any part thereof to (or appear to) be displayed as framing, deep-linking or in-line linking.

 

20.2. Tabuu.xxx may provide linking features that allow the User to:

 

20.2.1.   cause limited portions of the Website to be displayed on Your own third party website;

 

20.2.2.   send emails with certain content and/or links to certain content on the Website; and

 

20.2.3.       link Your third-party website with Content on Our Website.

 

20.3. We reserve the right to withdraw linking permission without notice and in Our absolute discretion.

 

20.4. We reserve the right to disable all or any social media features on the Website without notice and in Our absolute discretion.

 

21.  Links on Our Website

 

21.1. Any links on Our Website to third parties are links for Your convenience only. This includes links contained in advertisements and sponsored links. We have no control over independent third party sites and You acknowledge and accept that we are not liable for the availability of such external websites or resources and the contents, advertising, policies, or practices of those sites.

 

21.2. You acknowledge and accept that We are not liable, directly or indirectly, for any damage, loss or harm caused or purportedly caused to You by Your access to or reliance on any third party website, content, service, or software. Your access to such third party website, content, service, or software is at Your own risk and subject to ant terms and policies posted on such website, content, service, or software. Our Agreement and Policies incorporated into this Agreement by reference do not form part of the terms and policies of any third party website, content, service, or software.

 

21.3. You agree to release Us from any and all liability and damages arising from Your use of any third-party website, content, service, or software accessed through the Website.

 

21.4. Any link to an external website or inclusion of advertisements does not constitute an endorsement by Tabuu or such website or the content, materials, products or services on such website. The use of such links is for Your convenience only.

 

21.5. We reserve the right to terminate any link or linking program without notice and in Our absolute discretion.

 

22.  Permitted Disclosures of Personal Information

 

22.1. Tabuu.xxx will not collect any PII about You unless You voluntarily provide it. We may seek PII from You including Your name, email address, phone number and address for the purposes of the MLM component of Tabuu.xxx. You must provide Your email address to create an account on Tabuu.xxx. We will not disclose any of Your PII unless:

 

(a)   it is required under these Terms and Conditions;

 

(b)   You provide permission for Your PII to be disclosed;

 

(c)  We are required to do so in compliance with any legal or governmental process or order (such as a court order, warrant, subpoena etc);

 

(d) We are required to do so in order to protect the Website’s property, safety or operations;

 

(e)    to a person that acquires the Website and/or the assets of the Website; or

 

(f) as otherwise required at law.

 

23.  User Indemnification

 

23.1. You agree to the extent permitted by applicable law, to defend, indemnify and hold harmless the Website and Tabuu from and against any and all claims, costs, damages, judgments, awards, obligations, losses, liabilities and/ debt (including attorneys’ fees and costs) resulting from or related to:

 

(a)   Your use of and access to the Website including Your Content;

 

(b)   Your violation of any of these Terms and Conditions;

 

(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or

 

(d)   any claim that Your Content caused damage to a third party.

 

23.2. You hereby discharge, acquit and release Tabuu from any and all allegations, counts, charges, debts, causes of action and claim in relation to the use of or activities related to the use of the Website, including claims relating to negligence, sexual harassment, reckless conduct, intentional infliction of emotional distress, defamation, privacy violations, misrepresentation, any financial loss not due to the fault of the Website, unmet expectations, false identities, fraudulent acts by others, failed transactions, unavailability of the Website, technical issues with the Website, release of personal information or any other failure that may result in inaccessibility to the Website or any claim based on vicarious liability for torts committed by individuals met on or through the Website, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, cheating, perjury, manslaughter, or murder.

 

23.3. The above list is not exhaustive of the types of categories of claims released by You. This release is intentionally broad for the benefit of Us and is intended to be a full release of claims. You acknowledge and accept that these clauses are legally binding at all times.

 

23.4. Clause 20 will not merge upon any termination of this Agreement.

 

24.  Warranty Disclaimers

 

YOU AGREE THAT YOUR USE OF TABUU.XXX IS AT YOUR ABSOLUTE RISK. THIS WEBSITE IS PROVIDED BY TABUU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY NON-EXCLUDABLE RIGHTS AND REMEDIES YOU MAY HAVE UNDER APPLICABLE LAW, THE WEBSITE AND TABUU EXPRESSLY DISCLAIM ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, OR RESPONSIBILITIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FIT FOR PURPOSE AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO GUARANTEES OR PROMISES THAT THE WEBSITE AND OR ITS CONTENT AND OR ANY LINKED THIRD PARTY WEBSITE CONTENT WILL BE UNINTERRUPTED AND ERROR-FREE AT ALL TIMES. WE RESERVE THE RIGHT TO RESTRICT, WITHDRAW AND SUSPEND THE AVAILABILITY OF OUR WEBSITE IN FULL OR PART AT ANY TIME FOR BUSINESS OR TECHNICAL REASONS.  TABUU WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE TABUU’S REASONABLE CONTROL.

 

TABUU MAKES NO WARRANTY AS TO THE ACCURACY OF THE CONTENT ON THE WEBSITE OR ANY LINKED THIRD PARTY WEBSITE CONTENT AND WILL ASSUME NO RESPONSIBILITY FOR: (A) THE ACCURACY OF CONTENT AND INFORMATION ON THE WEBSITE, THE USEFULNESS OR CONTENT AND INFORMATION OF THE WEBSITE AND THE AVAILABILITY OF CONTENT AND INFORMATION ON THE WEBSITE, (B) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT, (C) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (D) FOR LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF CONTENT POSTED AND AVAILABLE VIA THE WEBSITE, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE AS A RESULT OF YOU ACCESS TO AND USE OF THE WEBSITE, AND (G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.

 

TABUU AND TABUU.XXX DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE AND TABUU 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.

 

YOU SHOULD EXERCISE CAUTION AND USE BEST JUDGMENT WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY THIRD PARTY MEDIUM OR IN ANY ENVIRONMENT.

 

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

25.  Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED AT LAW, THE WEBSITE AND TABUU WILL NOT BE LIABLE TO THE USER FOR ANY LOSS OR DAMAGE OF ANY SORT PURPORTEDLY INCURRED AS A RESULT OF:

 

THE AVAILABILITY OF THE WEBSITE OR ANY INFORMATION POSTED ON OR THROUGH THE WEBSITE. THE USER ACCEPTS THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION;

REMOVING, DEFERRING OR REFUSING ANY CONTENT AT ANY TIME IN OUR ABSOLUTE DISCRETION WITH OR WITHOUT NOTICE TO YOU;

THE ACCURACY OF CONTENT AND INFORMATION ON THE WEBSITE, THE USEFULNESS OR CONTENT AND INFORMATION OF THE WEBSITE AND THE AVAILABILITY OF CONTENT AND INFORMATION ON THE WEBSITE;

ANY MIS-RECORDING OR LOSS OF USER INFORMATION OR CONTENT ENTERED TO THE WEBSITE;

MODIFYING OR DISCONTINUING (WHETHER TEMPORARILY OR PERMANENT) THE WEBSITE (IN WHOLE OR PART THEREOF) AT ANY TIME IN OUR ABSOLUTE DISCRETION WITH OR WITHOUT NOTICE TO YOU;

 

TERMINATING YOUR ACCESS TO THE WEBSITE AT ANY TIME IN OUR ABSOLUTE DISCRETION WITH OR WITHOUT NOTICE TO YOU;

ERRORS, OMISSIONS OR INACCURACIES OF CONTENT;

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;

FOR LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF CONTENT POSTED AND AVAILABLE VIA THE WEBSITE;

PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE AS A RESULT OF YOU ACCESS TO AND USE OF THE WEBSITE;

 

ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; AND

 

ANY RELIABILITY ON INFORMATION POSTED BY OTHER USERS ON THIS WEBSITE (AND WE DO NOT ENDORSE, CONFIRM, SUPPORT, VERIFY OR VALIDATE ANY INFORMATION POSTED BY OTHER USERS OF THE WEBSITE)

 

ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU RESULTING FROM INTERACTIONS THAT YOU HAVE WITH OTHER USERS OF THE WEBSITE OR THIRD-PARTY SERVICE PROVIDERS OR ADVERTISEMENTS, OR THIRD-PARTY WEBSITES, FOUND ON OR THROUGH THE WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS AND THOSE THIRD PARTIES.

 

THE RISK OF USING THE WEBSITE AND ANY EXTERNAL THIRD PARTY SITES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF INJURY LOSS AND DAMAGES FROM THE USE OF THE WEBSITE AND ANY EXTERNAL THIRD PARTY SITES.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, TABUU WILL NOT BE LIABLE TO YOU FOR ANY  CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES, OR EXPENSES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, LOST BUSINESS OR LOST PROFITS, LOSS OF GOODWILL, A USERS USE OR MISUSE OF THE WEBSITE, INABILITY TO USE THE WEBSITE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE) IN ASSOCIATION WITH ANY CLAIM OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS AND CONDITIONS EVEN IN THE EVENT THAT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER THE ACTION IS FOUNDED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

TABUU IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR THIRD PARTY CONTENT OR THIRD PARTY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT. ANY HARM OR DAMAGE FROM SUCH THIRD PARTY CONTENT AND OR CONDUCT IS AT YOUR RISK.   

 

THE LIMITATION OF LIABILITY IN THIS CLAUSE WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TABUU MAKES NO REPRESENTATION THAT THIS SITE IS AVAILABLE AND/OR APPROPRIATE FOR VIEWING IN OTHER LOCATIONS. ANY USER THAT ACCESSES TABUU.XXX DOES SO AT THEIR OWN RISK AND EACH USER IS RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAWS.  YOU AGREE NOT TO FILE ANY CLAIM OR PROCEEDING INCONSISTENT WITH THE LIMITATIONS SET OUT HEREIN.

 

IN NO EVENT SHALL TABUU’S CUMULATIVE LIABILITY HEREUNDER (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR BY STATUTE OR OTHERWISE) EXCEED THE GREATER OF (A) ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO TABUU FOR THE SERVICES DURING THE TERM OF THIS AGREEMENT (IF ANY), OR (B) USD $100. YOU MUST NOT BRING ANY CLAIMS AS CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

 

THESE TERMS AND CONDITIONS DO NOT EXCLUDE OR LIMIT LIABILITY ARISING OUT OF EITHER PARTY’S GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT.

 

26.  Dispute Resolution and Arbitration Agreement

 

If a dispute arises between a User and Tabuu (collectively referred to herein as parties) out of or in connection with Your use of the Website, prior to commencing a legal process, You must issue Us with written notice (Notice of Dispute) of the matter at hand, via registered mail to: Tabuu LTD, Post Office Box 6233, Matafele Samoa WS1339, Attn: Dispute Resolution Team and titled “Notice of Dispute”, to allow Tabuu to attempt to resolve the dispute with You informally, prior to taking further steps.

 

The parties must attempt to amicably resolve the dispute or claim within thirty (30) days of the Notice of Dispute. The Notice of Dispute must contain detailed information in respect of the purported claim and sufficient details to identify You. You agree to negotiate in good faith with Us for the period of thirty (30) day post receiving Your valid Notice of Dispute and if the dispute cannot be amicably resolved, You agree to the following:

 

(a)   Class Action Waiver

Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, You and Tabuu agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both You and Tabuu agree otherwise, the court may not consolidate more than one person’s claims with Your claims nor combine any arbitration with another and may not otherwise preside over any form of a representative or class proceeding.

(b)   Arbitration

You and Tabuu agree to the fullest extent permissible at law, to resolve any claims or disputes arising out of or in connection with Tabuu.xxx, these Terms and Conditions and/or Your relationship with Tabuu, through final and binding arbitration. The arbitration must occur with a neutral arbitrator and by accepting these Terms and Conditions You agree to give up the right to a trial before a judge and jury and accept that the dispute resolution process will be via arbitration. This applies to all Claims as defined below.

(c)   Arbitration Procedure

All controversies, claims, counterclaims, or other disputes arising between You and us or You and a third-party agent of Ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the Accredited Mediators of Samoa Association (“AMSA Rules”). An arbitrator’s decision will be final and binding on You and Us upon determination. The arbitration will be heard by a single arbitrator at all times. All arbitration proceedings (including the existence of it and any element of it) will remain confidential unless disclosure is required by law (i.e. in any judicial proceeding) relating to the arbitration, by any applicable disclosure regulations or rules as required by any regulatory authorities or governmental agencies, as permitted. The Alternative Dispute Resolution Act 2007 shall apply to this Agreement. The Arbitrator will have the exclusive authority to resolve any dispute relating to interpretation and enforceability of these Terms and Conditions. The parties further agree not to pursue injunctive relief in arbitration (this must only occur in court). If a party has a dispute for which they seek to obtain both injunctive and other forms of relief, the party must go to court to seek the injunctive relief and must arbitrate to seek the other forms of relief.

(d)   Arbitration Fees and Costs

If You elect to commence arbitration in accordance with these Terms and Conditions, You will be required to pay the initial filing fee. You will not be responsible for payment of any other fees of the arbitrators, as We will be responsible for such costs.  Dependent on the outcome of the arbitration, an arbitrator may, to the fullest extent permissible by law, decide to award attorney’s fees and costs to the prevailing party or parties in the arbitration.  

(e)   Exceptions to Agreement to Arbitrate

You acknowledge and agree that Samoa has the exclusive jurisdiction to resolve disputes relating to Your or Tabuu’s intellectual property or where the sole form of relief sought is injunctive relief or any other judicial proceedings which by law is not subject to arbitration. To the fullest extent permissible at law, Samoa shall have the exclusive jurisdiction over disputes whereby at least one of the parties to the dispute is a consumer, unless Your country has mandatory consumer regulations that provide otherwise.  If You are acting as an individual consumer and mandatory statutory consumer protection regulations that are beneficial for You apply in Your country of residence or domicile, such provisions shall apply irrespective of the choice of Samoan Law or Courts.

This Clause 26 does not prevent either party from seeking action by federal, state, or local government agencies. You and We also have the right to bring claims in any qualifying small claims court. In addition, You and We retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

 

This clause of the Terms and Conditions will survive the termination of Your relationship with Us.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. YOU ACKNOWLEDGE THAT OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

27.  Limitation of time to commence action

 

Notwithstanding any law to the contrary, any cause of action or claim that You may have arising from or in relation to these Terms and Conditions or the Website must be commenced within one (1) year after the cause of action arose, otherwise, such cause of action or claim is barred.  

 

28.  Governing Law

 

All claims arising out of or relating to this Agreement, Your use of the Website, and the relationship between You and Us shall be governed by the laws of Samoa, except Samoa’s conflict of law rules. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement, Your use of the Website, and the relationship between You and Us shall be in an appropriate court located in Apia, Samoa. You hereby submit to the jurisdiction and venue of the abovementioned Courts and You consent to service of process in any legal proceeding. You acknowledge and agree that any claim by You that may arise in connection with this Agreement, Your use of the Website, and the relationship between You and Us will be compensable by monetary damages and You will in no event be entitled to injunctive or other equitable relief.

 

29.  Contacting Us

 

Any request for technical support, feedback, comments and/or other communications relating to the Website should be directed to Our Support Team.

 

30.  Notices

 

If You have a general enquiry, You may contact Us as referred above or by submitting an enquiry form. This Website is operated by Tabuu. Any notice of purported copyright infringement must be sent to Our copyright agent designated in the DMCA Policy as required therein. If You seek to issue a Dispute Notice (as referred above in these Terms and Conditions), the notice must be in writing and addressed to Tabuu LTD, Post Office Box 6233, Matafele Samoa WS1339.

 

31.  Waiver and Severability

 

31.1. No delay or omission to exercise any right power or remedy accruing to Tabuu upon any continuing breach or default under this Agreement impairs any right power or remedy of Tabuu and it will not be construed to be a waiver of or acquiescence in any continuing breach or default or of or in any similar breach or default occurring subsequently; and no waiver of any single breach or default will be deemed a waiver of any earlier or later breach or default. Any waiver permit consent or approval of any kind or character of any breach or default under this Agreement or any waiver of any provision or condition of this Agreement must be in writing and will be effective only to the extent set out in the written waiver. All remedies either under this Agreement or by law or otherwise afforded to Tabuu are cumulative and not alternative.

 

31.2. If it is held by a court of competent jurisdiction that:

 

any part of these Terms and Conditions is void voidable illegal or unenforceable; or

these Terms and Conditions would be void voidable illegal or unenforceable unless any part of this Agreement was severed;

that part will be severable from and will not affect the continued operation of the rest of this Agreement.

 

32.  Entire Agreement

 

The Terms and Conditions and any documents that expressly incorporate by reference set out in this Terms and Conditions contain the entire agreement as concluded between You and Us with respect to Tabuu.xxx and supersedes all prior verbal and/or written contemporaneous agreements, understandings, representations and warranties made regarding the Website.

 

33.  Assignment

 

We reserve the right to assign or otherwise lawfully transfer Our rights and obligations under the Terms and Conditions. You must not assign or otherwise transfer Your rights and obligations under the Terms and Conditions.

 

34.  Fees

 

You acknowledge that Tabuu reserves the right to charge for its services with respect to Tabuu.xxx and to change its fees from time to time in its absolute discretion. If We terminate Your use of the Website due to a breach of these Terms and Conditions, You will not be entitled to a refund of any unused portion of subscription fees (if any are applicable).

 

35.  Force Majeure

 

35.1.    For the purposes of this clause, “Force Majeure Event” means any occurrence or omission outside a Party’s reasonable control, as a direct or indirect result of which the party relying on the event is prevented from or delayed in performing its obligations under this Agreement and includes:

 

a physical natural disaster including fire, flood, lightning or earthquake; or

war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law; or

dispute, stoppage, law taking effect after the date of this Agreement, strikes, industrial disturbances, utility or communications failures or other casualty.

35.2.    Neither Party will be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions if such delay is attributable to a provable Force Majeure Event. The non-performing Party must notify the other Party when the Force Majeure Event ceases, and its obligations shall resume in accordance with this Agreement. 

 

36.  Miscellaneous

 

36.1.    Any headings used in the Terms and Conditions are for convenience only and do not affect the interpretation of the Terms and Conditions.

 

36.2.    Unless expressly stated herein there will be no third party beneficiaries to this Agreement.

 

36.3.    Tabuu makes no representation that the Website is appropriate, legal or available for use in other locations. Access to the Website from such locations and compliance with all applicable local laws is at the User’s risk.

 

36.4.    No employee-employer, agency, partnership, joint venture or franchisee-franchisor relationship is created or intended to be created by this Terms and Conditions.

 

36.5.    You acknowledge that we May terminate these Terms and Conditions at any time for no reason by notifying You through a notice on the Website or by any other written communication of Our choice. Any such termination will be without prejudice to Our rights, remedies, claims, or defenses hereunder. If We terminate these Terms and Conditions, You may no longer have a right to access Your account or any Content that You have uploaded to Tabuu.xxx. We may not have a backup of Your Content nor will We be required to assist You with migrating Your Content. We are not required to have a back-up of Your Content and We will not be held responsible for deleting any of Your Content. We are not required to have archives of Your Content and in the event that We do have archives of Your Content We have no obligation to back up such archives subject to the terms herein.

 

Last Modified: 18 August 2023

18 U.S.C. §2257

 

Record Keeping Requirements Compliance Statement.

Tabuu may not be the primary producer (as defined in 18 U.S.C section 2257) of any of the content on Tabuu.xxx. Tabuu’s activities associated with Tabuu.xxx are limited to storage, retrieval, transmission, hosting and/or formatting of material posted by third party users on areas of Tabuu.xxx, under the user’s control.

 

If You have a request in respect of 18 U.S.C section 2257 records regarding content found on Tabuu.xxx, You are required to make a direct request to the respective uploader, producer, studio or account holder (“Uploaders”). Tabuu requires all its Uploaders to comply with the following:

 

1. Must be over eighteen (18) years of age (or such age required by their State or Country if more than 18 years old) and are personally identified by Tabuu, prior to receiving access to upload and share content;

 

2. Prior to having access to upload and share content, an uploader must certify that:

 

a. All individuals appearing in the content are over the age of 18 years (or such age required by their State or Country if more than 18 years old).

 

b. All individuals appearing in the content voluntarily (without duress) consented to appear in the content at the time of its production.

 

c. As producer of the content, the Uploader certifies that its record keeping is compliant with the requirements of 18 U.S.C section 2257 for all content uploaded on Tabuu.xxx and agrees to immediately deliver any documentation, upon request;

 

d. The content complies with Tabuu’s Terms and Conditions and any of its related policies including Child Sexual Abuse Material Policy and Non-Consensual Content Policy.

 

For assistance or any questions regarding this statement, please contact Tabuu’s compliance department via [email protected].

 

Last Modified: 18 August 2023