Welcome to the Zocku Owners network! A place for owners and moderators of Zocku Social Networks. Zocku is a platform for creating white-labeled adult social networking websites.
Tue 25th

Terms of Service for your site ~ in addition to Zocku's TOS

Published by: Tim on Tuesday 25th August 2009 02:08pm
THIS IS FOR INFORMATIONAL PURPOSES ONLY AND YOU SHOULD REVIEW THIS WITH PROPER LEGAL COUNSEL PRIOR TO POSTING THIS ON YOUR SITE.  THIS NOT A GUARANTEE TO PROTECT YOU NOR IS IT INTENDED TO PROVIDE LEGAL ADVICE.

PLEASE DO NOT COPY & PASTE
YOU MUST MODIFY AND INSERT YOUR INFORMATION


You would create a page (Navigational Tab) on your site; and leave it accessible to everyone, even those that are not logged in.  This should be placed next to your DMCA ACT navigational tab.  The Zocku.com platform carries their own terms of service. You as a site creator should strongly consider having an extra layer of disclosure for your protection.
Should you have any questions, contact  Tim@Zocku.com

Terms of Service / Privacy Policy / Copyright Infringement Policy / Termination Policy/ and “other” (Your site name here) was Updated on: 00/00/0000

 ***Note: All models are 18 and above and you agree that all content is in accordance with this covenant or you will report this to the site creator immediately. Minors are not allowed on this site nor is an adult allowed to communicate to the site, in any many whatsoever, a picture, video or "other communication" even if it is of themselves, as a minor. This is expressly an Adult 18 site.

***Bestiality is not allowed on this site. Child Pornography is not allowed on this site. You will be reported to the appropriate authorities if such content appears on this site. IMPORTANT: by accepting these terms and conditions you are entering into a legally binding contract. It is therefore important that you read these terms and conditions carefully. Your continued use of this site from approval until termination (and will endure beyond termination, please read below) means that you agree to all terms of service. If you do not agree to any part of these terms, or if any content of the site is illegal in the territory, locality, municipality, city, town, State or Country where you reside or viewing this site, then please do not proceed and you must terminate your account with us.

Interpretation:
Headings do not form part of these terms and conditions and will not affect their interpretation. In these terms and conditions, "you" refers to the member and "we","us" refers to "YOUR SITE NAME HERE" ("the site") & owned and operated wholly by us.

User age warranty & adult content warning:
The site is for adults aged 18 years of age or older. Persons under 18 years, pretending to be under 18 years or soliciting persons under 18 years will be removed from the site and further use will be blocked. Your membership will be deleted and you will be banned. And if warranted, reported to the proper authorities. The content of the sites may be of an explicit gay (or whatever your site is) nature and contain sexual imagery and text. You agree that this type of content does not cause you offense. We are not liable to remove content that causes you offense though we will do so if it is in breach of our own content policy or that we determine is malicious and violates laws from which we are governed. Every attempt is made to adhere to laws governing 18 adult sites.

In the event that you, the member, observe or see a purported violation, please report it to us immediately so we may acknowledge the purported violation and have the opportunity to mitigate any litigation or “other” that may come from such a violation.

Member conduct on the sites; Members must not:
• post, send, email, store, upload, or link to any material or content that is or may be offensive, illegal, unlawful or discriminate against any persons race, ethnicity, gender, disability, religion, beliefs, sexual orientation or any other preferences; • interfere with another's enjoyment of any of the site; • impersonate any person or falsely state or otherwise misrepresent your affiliation with a person; • create more than one profile on any of the sites: multiple profiles are not permitted and if you are found to have created multiple profiles we will terminate your membership. • use the sites for advertising goods or services without our written consent; • upload to any of the site or do anything that breaches these terms and conditions; • copy, modify, create a derivative work of, reverse engineer or assemble or otherwise abuse our rights in relation to any of our software; • attempt to access any area of any of the site for which you are not authorized or access our system without our written consent; • do anything which materially affects (or may materially affect) the functionality of our systems of any of the site. We reserve the right to (without notice or justification in our absolute discretion but not so that we are obliged to exercise any right): • take down or alter any material you upload to the sites; • cancel your membership at any time. • We may withdraw your right to membership, without providing justification on our part. Password use On becoming a member you choose your username and password. You must not disclose your password to anyone and should be aware that we will never ask you for it other than in logging on to the sites so anyone asking you to produce it is to be regarded as doing so for malevolent purposes. You are responsible for all acts done in your account name and therefore for the acts of anyone you give your password to in breach of these terms and conditions.

Reporting site abuses: We ask for your help in maintaining the high standards of this site and this social community within them by immediately notifying us of any material or communications that are in breach of these terms or that are, or appear to be, illegal. Remember that while the site belongs to us they are also yours to enjoy. Privacy policy: Our privacy policy applies to all personal data you submit to us. Personal use only: Any material on the sites is strictly for personal use and must not under any circumstance be used by any user for commercial purposes or used in a defamatory or derogatory manner. Material must not be duplicated in any way for use outside of the sites as this is in breach of international copyright and intellectual property laws in the "YOUR COUNTRY" United States (as law applies) Your warranties regarding uploaded materials (also policy on Intellectual Property) You warrant that all material you upload to this site: • is temporary, intermediate and transient. • is true, accurate and up-to-date (and you agree to maintain it as such at all times); • is your own creation/property or that you have consent to upload it to the sites and in all cases that uploading the material does not breach any third party's intellectual property rights; • is not defamatory, illegal, unlawful, offensive or discriminatory in any way; • has been processed by up-to-date virus-checking software and found to be free of any virus, worm, Trojan or other similar device or effect that alters or may alter the functioning of any of the sites or any computer system at any time. •

You agree and understand that "YOUR SITE NAME" its site creator and its platform, is an entity offering the transmission, routing, or providing of connections for digital online communications. • You agree and understand that the transmission, routing, provisions of connections, or storage is carried out by an automatic technical process. • The member, you, not the site creator or "YOUR SITE NAME" must select the origination and destination points of all and any communications. This includes, but not limited to pictures, videos, comments and other forms of communication. • You agree and understand that the site does not modify any communications by the member. Further you agree and understand that if it appears that your communication has been “altered” or “modified” as you originally intended, it is the member’s responsibility to delete the aforementioned communication and report it to the site creator. • You agree and understand that the communication is transmitted through "YOUR SITE NAME" site.

As such, all communications must meet with the terms of service
as stated in Zocku.com's terms of service. It is your obligation and as such, “reasonable” that you have read this disclosure and terms of service both for this site and that of the Zocku.com platform. It is your obligation to delete your content and membership of the site should you willfully or unintentionally violate the aforementioned. Any violation, willfully or unintentionally will be deemed a breach of the terms of service and your membership will be deleted and banned unless determined otherwise by a “reasonable assessment” of the violation. • You agree and understand that no copy of the communication(s) is/are maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients; and • No copy is maintained on the system or network in a manner ordinarily accessible to anticipated recipients for a longer period than is reasonably necessary for the transmission, routing and provision of connections. Your Indemnity: You agree to indemnify (reimbursing all liabilities, costs and expenses actually incurred) us against any costs, claims, liabilities or expenses arising out of breach of these terms and condition and to keep us so indemnified at all times and in perpetuity. Meaning that these terms of service shall govern your actions and content while a member of this site and your content and actions, while on this site, will be subjected to the terms of service after you terminate your membership, are deleted or banned, for any reason. Use of material you submit: We reserve the right to use any material submitted to the site during or after the registration process for online and offline promotional purposes without limit on time or usage. We try to contact originators of such material prior to its use but we are not required to do so.

Monitoring of content:
Although we do not actively monitor submissions to the site or content posted by users and accept no responsibility or liability for this, submission and content posted may be subject to real-time vetting and monitoring. We reserve the right to remove content without justification. In particular, we may do so if we receive a complaint about content, feel the content is unsuitable, in violation of the law, contains unsuitable political content or in any way breaches these terms and conditions. Ownership of trademarks etc. on this website: The trademarks, logos, names and images displayed on this website are the registered or unregistered trademarks of the site creator and others. Except where expressly stated to the contrary, nothing in this website confers any license or right to use any trademark displayed on this website without our prior written approval or the owner of the relevant trademark. We reserve the right to notify members via email of promotional offers, news and other information - we will only do so if members have opted-in to receive such communications. It is implied that you agree and understand that you opted-in unless we receive notice from you and it is further acknowledged by us.

Downtime: We may occasionally have to perform necessary network maintenance and/or network upgrades. These specified time periods are referred to as "Scheduled Maintenance Windows". In the event of plans to bring down the service during a Scheduled Maintenance Window, we try to provide 24 hours notice to our members in advance of the Scheduled Maintenance Window though we are not required to do so and you agree and understand this covenant. In addition, we reserve the right to perform any required maintenance work outside of the Scheduled Maintenance Window with no requirement to notify the members. Members must be aware that, at any time, we may perform emergency maintenance as needed to preserve the overall integrity of the services with no notice and with without compensation for such activities.

Supported Browsers:
We support most of the popular web browsers currently in use. However, we can not guarantee that the specific browser you use will be able to display the site and all its features accurately. Right to alter or suspend any site, service or feature We reserve the right to alter or suspend this site, service or feature at any time without prior notification or explanation. Rights in website content (Copyright infringement policies and illegal use of intellectual property) All rights, including copyright and database rights, in the site and the content thereof are owned or controlled by us. We retain all copyright, database rights and other intellectual property rights in material contained on or in relation to the site and you may not copy, reproduce, download, republish, extract, broadcast, transmit, display, modify or re-use any of the materials on the site for any other purpose. We do not own any copyright material or intellectual property that is uploaded by the member. It is the member’s liability and sole control of adhering to the terms of service(s) and to abide by all international, national and local laws governing copyrighted material. We are not responsible or liable for your actions. You agree and understand that your actions on this site via all participation and communication on the site rest solely with the member, that is you.

In the event that we are named in litigation
due to your communications with this site for your actions or content, or otherwise, you expressly agree and guarantee, to have us removed from the proceeding and litigation. No affirmative defense or reason to cause removal from the litigation is required on the part of this site and its creator and you affirm this. ****Should you disagree, it is your obligation to object in a timely fashion when your membership is approved. We shall not be held liable for any of your actions . That time between you decide not to agree to the Terms of Service and the time you, promptly, withdraw your account will not preclude the fact that you remain 100% liable for all communications with this site and you further agree to indemnify the site, its creators and its platform owners.

You must disagree in an email to us and by mail and you must receive an acknowledgment from us certifying as such. In such case, your membership will be canceled, denied, banned and/or deleted. Furthermore; you will have the obligation to remove yourself from this site immediately and notify the site creator. This is your guarantee to the site that you remain 100% liable for all activity, material and communications you cause on this site. Objection to the terms of service after you cause communication on this site will not indemnify you from your obligation to be held 100% responsible and liable for your actions. Furthermore, to reiterate, the site creator, "YOUR SITE NAME" understand that you automatically, irrevocably and provide the right for to indemnify us in any litigation that is resulted from your actions and you expressly agree to this and remove us from said litigation and any and all allegations against you or to any matter that results from your association with this site.

Linking to the sites:
You may only link to our site with our expressed, written communication. Exclusion of liability for linked websites: While we exercise reasonable care in the selection of websites to which we link, we do not control their content, format or availability. Therefore: • we give no warranties, endorsements or recommendations in relation to any products or services mentioned or any statements contained in third party sites; • we disclaim all responsibility for any content you encounter, or events which may occur once you have transferred out of this website and are not be liable to you or anyone for any damages or other losses of any type whatsoever incurred by visiting a linked site. Exclusion of liability for site content: You agree that while we take all reasonable measures to ensure the truth and accuracy of information on the site, we are not responsible for any wrong, inaccurate information whether it is posted by us or a member and you are advised to independently verify such information before relying on it. We also accept no responsibility for any misleading information posted by other members and accordingly you are advised to proceed with caution in dealing with other members. Exclusion of liability for viruses, etc.: While we take all reasonable precautions to protect the sites and its users against worms, viruses and other harmful material, before downloading or using any potentially harmful material on the site, you are advised to ensure that your systems have up-to-date virus detecting software and have that software check the safety of any materials. Therefore, we do not accept responsibility for any defects, viruses or other harmful components that may be contained within anywhere on this site or social platform.

Exclusion of liability for loss:
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage or loss of use, data, business opportunity or profits, whether in an action in contract, negligence or other tortious action, however resulting from the access to and use of this website and the information and materials contained on it (but for the avoidance of doubt this clause does not exclude liability for death or personal injury).

Termination Policy:
Termination of website use rights and Termination of Members: A user's/member’s authorization to use this website automatically terminates without notice if the user fails to comply with any of these terms. On termination, the user must cease all use of the site. Should the terminated user create and dupe an account on the site; and rejoin the site using fraudulent manner they will be liable and will be prosecuted to the full extent of any laws pertaining to said violation on a local, state, national and subject to international tribunals sanctions and outcomes as it applies. In addition, the termination policy is that repeated offenders that breach the terms of service shall be subjected to being removed, canceled, terminated, banned and/or deleted. Right to amend these terms: We may at any time revise these terms by posting changes on the site. The continued use of this website after changes are posted constitutes your acceptance of the modified terms. If you choose not to accept the modified terms .

Applicable laws: These terms are governed and construed in accordance with the laws of the United States of America (OR NAME YOUR COUNTRY). If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms. You agree to submit to the non-exclusive jurisdiction of the United States Courts (OR NAME YOUR COUNTRY) its various localities, municipalities, States and other legally applicable jurisdictions. The jurisdiction of any compliant or legal proceeding against this site or its creators shall reside at will, and by choice, and with reason, by the site creator unless otherwise stipulated and agreed to by the site creator and other applicable parties.

The Site shall: on a reasonable basis, by prudent means
:

1. Review content, communications and “other” as a reasonable party would to determine violation of Terms of Service.  We assert no guarantees to the validity of content or communication on this site.

2. We participate in RTA: Restricted To Adults...(BE SURE TO INSERT THIS ON YOUR SITE OR DELETE THIS FROM YOUR TERMS OF SERVICE if you do not participate in the RTA program) meaning we have posted data in the meta tags of each page so as individuals that wish to block and access to adult content will not be able to access this site. We encourage other site owners/creators to join the movement and be responsible to restrict this site so minors cannot inadvertently access their site with adult content. The latest update is  00/00/0000 *************************************************************************
(note: Include this if you do not produce your own video material) (If you produce your own material you may be required with the notice listed below ~ consult your legal counsel regarding this as this is provided for informational purposes only.)

18 U.S.C. Section 2257 Compliance Notice It is asserted, assigned and agreed by the uploader of the adult content on this site that all models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. The owners and operators of this Website do not in any way participate in the production of any video or picture posted on this site. The aforementioned depictions ever appearing or otherwise ever contained in or at this site are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75.

PROVIDE: YOUR EMAIL/ ADDRESS or PHONE NUMBER OR YOUR SERVICE AGENT FOR YOUR LEGAL COUNSEL.

THIS IS FOR INFORMATIONAL PURPOSES ONLY AND YOU SHOULD REVIEW THIS WILL PROPER LEGAL COUNSEL PRIOR TO POSTING THIS ON YOUR SITE.  THIS NOT A GUARANTEE TO PROTECT YOU NOR IS IT INTENDED TO PROVIDE LEGAL ADVICE.
Wed 12th

DMCA ACT: Post to your Terms of Service

Published by: Tim on Wednesday 12th August 2009 09:08pm
Post this in your Terms of Service or create a navigational tab stating DMCA; this will give you the opportunity to take down copyrighted material that may have fallen through the cracks. Never a guarantee but this is a layer of protection you might implement on your site if you are video heavy on your site. Check with your own legal counsel for specifics. This is only meant as an example. Do your own research. We do not incur any liability by posting this information. It is for informational purposes only and not Professional Legal Advice.

Insert your site's name in "Your Site Name"

Digital Millennium Copyright Act Policy

"Your Site Name" is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). "Your Site Name" respects the legitimate rights of copyright owners, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake. Notice to Owners of Copyrighted Works The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to "Your Site Name" Designated Agent. How to Write a Proper DMCA Notice A Proper DMCA Notice will notify 'Your Site' of particular facts in a document signed under penalty of perjury. We refer to this as a "Proper DMCA Notice." To Write a Proper DMCA notice, please provide the following information: 1. Identify yourself as either: 1. The owner of a copyrighted work(s), or 2. A person "authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 2. State your contact information, including your TRUE NAME, street address, telephone number, and email address. 3. Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works. 4. Identify the material that you claim is infringing your copyrighted work, to which you are requesting that "Your Site Name" disable access over the World Wide Web. 5. Identify the location of the material on the World Wide Web by providing "information reasonably sufficient to permit "Your Site Name" to locate the material." 6. State that you have "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law." 7. State that the information in the notice is accurate, under penalty of perjury. Sign the notice with either a physical or electronic signature. Sending The Proper DMCA Notice to the Designated Agent To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by "Your Site Name" (the "Designated Agent".) The contact information for "Your Site Name" Designated Agent is: "Your Site's Name and contact info; email only is sometimes sufficient"

Again, this is for infomational purposes only.