Terms of service

Terms and Conditions for the Use of defect43.ru

1. The following Terms and Conditions constitute a binding agreement between you and the operators of defect43.ru regarding your use of the defect43.ru website and all related services provided by defect43.ru. Since the Terms and Conditions of the defect43.ru are binding, read them carefully. The Terms and Conditions contained herein apply to all users of the defect43.ru whether as a 'visitor' or as a 'member'. For members of defect43.ru as defect43.ru Premium further Terms and Conditions may apply.

2. By using the defect43.ru you agree and obligate to meet the Terms and Conditions and the Privacy Policy of the defect43.ru. In case you do not agree to any provision of these Terms and Conditions, you should stop using the defect43.ru immediately.

3. These Terms and conditions may be revised from time to time by defect43.ru without prior notice to you. It is your sole responsibility to regularly check the defect43.ru before using and to review the current Terms and conditions. In case you continuously use the defect43.ru, this constitutes your agreement to all revisions to the corresponding Terms and Conditions.

4. By accessing and using the defect43.ru you represent and warrant that:

4.1 you are at least 18 (eighteen) years old,
4.2 that you have reached the legal age determined by the governing law of your country to view sexually explicit material as shown and displayed on the defect43.ru,
4.3 that you are accessing the defect43.ru from a location where the content of the defect43.ru is deemed legal and permitted, and
4.4 that you will not permit any other person access to the defect43.ru who is not allowed to do so, especially persons under the age of 18 (eighteen). ACCESS TO MATERIALS AND/OR CONTENT PROVIDED BY THE defect43.ru FROM A JURISDICTION WHERE MATERIALS AND/OR CONTENT MAY BE ILLEGAL IS STRICTLY PROHIBITED.

5. You may as a visitor or as a member, in accordance with these Terms and Conditions, view content and or materials provided through the defect43.ru and, to the extent permitted by defect43.ru, download content or portions of content provided by the defect43.ru, to a single personal computer or other storage device, especially mobile phones and/or tablets.

5.1 Other than permitted by these Terms and Conditions you may not copy, distribute, or perform the content of the defect43.ru, or create derivative works using that content.
5.2 The defect43.ru may also contain certain links or ads with links to third party websites and/or third party offers in general which are in no way owned and/or controlled by defect43.ru. defect43.ru therefore assumes no responsibility for the content, privacy policies, terms od use and/or practices of any and all third party websites. defect43.ru cannot censor or edit the content of third party sites. You acknowledge that defect43.ru will not be liable for any and all liability arising for your use of any third-party website.

6. The defect43.ru is at all times provided to you on an AS IS and AS AVAILABLE basis. Therefore defect43.ru disclaims all responsibility and liability for the availability, timeliness, security or reliability of the defect43.ru or any feature or software included in the defect43.ru. defect43.ru disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the defect43.ru, and you agree that defect43.ru will not be liable for any such services, software, content, or advertising.

7. defect43.ru reserves the right at any time to modify or discontinue, temporarily or permanently, the defect43.ru (or any part thereof) with or without prior notice. The defect43.ru may be subject to interruptions, caused by defect43.ru, partners of defect43.ru or other third parties. defect43.ru will not be liable for any modification, suspension, interruption or discontinuance of the defect43.ru at any time.

8. The defect43.ru is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by defect43.ru, e.g. Affiliates and advertising partners. Any illegal and/or unauthorized use of the defect43.ru is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited e-mails or unauthorized framing or linking to the defect43.ru is prohibited.

9. As a user of the defect43.ru you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on defect43.ru. You agree that defect43.ru shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms and Conditions contained herein. You shall not (nor others using your account) under any circumstances:

9.1 post, upload, publish, transmit or make available in any way on the defect43.ru content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial.
9.2 post, upload, publish, transmit or make available in any way on the defect43.ru software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.
9.3 post, upload, publish, transmit or make available in any way on the defect43.ru content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote and
9.4 post, upload, publish, transmit or make available in any way on the defect43.ru content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use the defect43.ru in any way that exposes the defect43.ru to criminal or civil liability.

10. The Content contained on the defect43.ru with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to defect43.ru, subject to copyright and other intellectual property rights worldwide and under all applicable laws and international conventions.

11. Content on the defect43.ru and its websites may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

12. defect43.ru reserves all rights not expressly granted in and to the defect43.ru its websites and the content. As a user you agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the defect43.ru for any commercial purposes.
If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the defect43.ru or features on the websites that prevent or restrict use or copying of any content or enforce limitations on use of the defect43.ru and its websites or the content therein.

13. The user is allowed/permitted to link to materials on the defect43.ru and its websites for personal, non-commercial purposes only, see above. Further defect43.ru might provide an "Embeddable Player" feature, which the user may incorporate into his own personal, non-commercial websites for use in accessing the materials on the defect43.ru and its websites, provided that he includes a prominent link back to the the defect43.ru and its websites on the pages containing the Embeddable Player. defect43.ru reserves the right to discontinue any aspect of the defect43.ru and its websites at any time. In addition, the user may not modify, build upon or block any portion of the Embeddable Player in any way.

14. The user shall be solely responsible for any and all of his User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
you own or retain the necessary licenses, rights, consents, and permissions to use and authorize defect43.ru to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the defect43.ru and its websites and these Terms and Conditions; and you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the defect43.ru and its websites and these Terms and Conditions. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to defect43.ru, you grant defect43.ru a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the the defect43.ru and its websites and defect43.ru's (and its successor's) business, including without limitation for promoting and redistributing part or all of the defect43.ru and its websites (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the defect43.ru and its websites a non-exclusive license to access your User Submissions through the defect43.ru and its websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the defect43.ru and its websites and under these Terms and Conditions. The foregoing license granted by you terminates once you remove or delete a User Submission from the defect43.ru and its websites.
In submitting material (video or other communication), you further agree that you shall not under any circumstances: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant defect43.ru all of the license rights granted herein; publish falsehoods or misrepresentations that could damage defect43.ru or any third party; submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; Impersonate another person. defect43.ru does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and defect43.ru expressly disclaims any and all liability in connection with User Submissions. defect43.ru does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and defect43.ru will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. defect43.ru reserves the right to remove Content and User Submissions without prior notice or delay.
defect43.ru will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, defect43.ru also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms and conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. defect43.ru may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

15. You understand and acknowledge that when using the defect43.ru and its websites, you will be exposed to User Submissions from a variety of sources, and that defect43.ru is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against defect43.ru with respect thereto, and agree to indemnify and hold defect43.ru, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

16. You agree that defect43.ru may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other defect43.ru network or services at any time, for any reason, or for no reason at all, with or without notice.

17. defect43.ru provides its website as a service to its users. However, defect43.ru assumes no responsibility whatsoever for monitoring the defect43.ru Services for inappropriate content or conduct. If at any time defect43.ru chooses, in its sole discretion, to monitor the defect43.rus, however, defect43.ru assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
defect43.ru may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.

19. defect43.ru reserves the right to charge for the defect43.rus and its related websites and to change its fees from time to time in its sole discretion. Further more, in the event defect43.ru terminates your rights to use the website because of a breach of this Agreement (Terms and Conditions), you shall not be entitled to the refund of any unused portion of subscription fees.

20. You represent and warrant that all of the information provided by you to defect43.ru to participate in the defect43.rus and its websites is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

21. As a condition to using defect43.ru, you must agree to the terms of defect43.ru's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by defect43.ru with regard to its users may be disclosed in accordance with the defect43.ru Privacy Policy.

22. WARRANTY DISCLAIMER??YOU AGREE THAT YOUR USE OF THE defect43.ru AND ITS WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, defect43.ru, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. defect43.ru MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE defect43.ru WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE defect43.ru WEBSITE. defect43.ru DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE defect43.ru WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND defect43.ru WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT defect43.ru SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

23. LIMITATION OF LIABILITY??IN NO EVENT SHALL defect43.ru, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF defect43.ru AND ITS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE defect43.ru AND ITS WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH defect43.ru AND ITS WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA defect43.ru AND ITS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT defect43.ru SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

24. The user agrees to defend, indemnify and hold harmless defect43.ru, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the defect43.ru and its website;
your violation of any term of these Terms and Conditions;
your violation of any third party right, including without limitation any copyright, property, or privacy right;
or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and conditions and your use of the defect43.ru and its website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions contained herein.

26. The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by defect43.ru without restriction.

27. If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

28. This Agreement shall be governed by and construed in accordance with the laws of the Marshall Islands, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Ajeltake Island, Marshall Islands. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.