Terms of service
APClips.com
Terms & Conditions Agreement
Last modified: September 1, 2021
Terms & Conditions Agreement
Last modified: September 1, 2021
The following terms and conditions govern your use and access to the website APClips.com (hereafter referred to as “website” or “the website”). Please read them carefully.
For the purposes of this agreement the definition of the term “user” or “users” will refer to all visitors, subscribers, members, customers, regardless of device or method of access. For the purposes of this agreement unless otherwise stated all interactions with this website or it’s operator Offworld Media Group Inc.(hereafter referred to as “Offworld”), an Arizona Corporation, are governed by this agreement.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By entering or accessing this website by any device or means you affirm that you have read this Agreement and understand, agree to be bound by its Terms and Conditions. This agreement may be revised by the website operators as they deem appropriate. You acknowledge that your use of the website constitutes your acceptance of the terms and conditions including any modifications seen or unseen. You may use and access the Site only in accordance with these Terms and Conditions.
Important:
You may not view, access or enter this website, view or download it’s contents if:
1. You do not agree to be bound by the following terms and conditions you may not enter, access or view the website or it’s content in any way.
2. You are not at least 18 years old or 21 years old depending the age of majority in your jurisdiction
3. You are seeking illegal or obscene materials
4. You object to viewing adult related, nudity or other pornographic content OR are in a jurisdiction where viewing or possessing such content is illegal
You may not view, access or enter this website, view or download it’s contents if:
1. You do not agree to be bound by the following terms and conditions you may not enter, access or view the website or it’s content in any way.
2. You are not at least 18 years old or 21 years old depending the age of majority in your jurisdiction
3. You are seeking illegal or obscene materials
4. You object to viewing adult related, nudity or other pornographic content OR are in a jurisdiction where viewing or possessing such content is illegal
Revisions to this agreement may be made when the operators deem necessary. We will change the “last modified” date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. The Agreement is located at https://apclips.com/page/terms-of-service and a link to the Agreement will remain at bottom of the home page of the Site. You agree to periodically re-visit this web page to review any changes and agree that you assume all responsibility to be aware of your rights and responsibilities when using this site.
Explanation of Membership and User Accounts:
Members to the site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one subscriber. Members to the site are also hereby forbidden from soliciting other models or members, by way of services or material offered outside of this website. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities.
Members to the site are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one subscriber. Members to the site are also hereby forbidden from soliciting other models or members, by way of services or material offered outside of this website. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities.
Users may NOT:
Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any other party the Materials or Services or any of your rights to access and use the Materials or Services as granted specifically by this Agreement
Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any other party the Materials or Services or any of your rights to access and use the Materials or Services as granted specifically by this Agreement
Restrictions of Site and Content Use:
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without express prior written consent. Without the express prior written authorization, you may not: duplicate the Site in whole or in part duplicate any of the Materials(videos) contained therein create derivative works based on any of the Materials contained therein use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental transfer or distribute the Site or any of the Materials contained therein remove any copyright or other proprietary notices from the Site or any of the Materials contained therein frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein use any meta-tags or any other “hidden text” using the site's marks circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Site use any data mining, robots or similar data gathering and extraction tools on the Site; (j) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials. You agree to cooperate with us in causing any unauthorized use to cease immediately.
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without express prior written consent. Without the express prior written authorization, you may not: duplicate the Site in whole or in part duplicate any of the Materials(videos) contained therein create derivative works based on any of the Materials contained therein use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental transfer or distribute the Site or any of the Materials contained therein remove any copyright or other proprietary notices from the Site or any of the Materials contained therein frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein use any meta-tags or any other “hidden text” using the site's marks circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Site use any data mining, robots or similar data gathering and extraction tools on the Site; (j) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials. You agree to cooperate with us in causing any unauthorized use to cease immediately.
Documentation of Additional Performers :
Additional performers in all videos must be listed, identified, and documented with Photo ID’s and Signed Releases.
At any time, upon request, Content Creators will deliver the 18 U.S.C. §2257 documentation to APClips for all individuals appearing in any uploaded content requested. Failure to comply or to promptly deliver such §2257 documentation to APClips, will result in content removal and/or account termination.
Any Content Creator which does not comply with the Records Keeping Requirements under 18 U.S.C. §2257 or APClips’ [Terms of Service] and Content Policy, will immediately have their account suspended or terminated.
At any time, upon request, Content Creators will deliver the 18 U.S.C. §2257 documentation to APClips for all individuals appearing in any uploaded content requested. Failure to comply or to promptly deliver such §2257 documentation to APClips, will result in content removal and/or account termination.
Any Content Creator which does not comply with the Records Keeping Requirements under 18 U.S.C. §2257 or APClips’ [Terms of Service] and Content Policy, will immediately have their account suspended or terminated.
Billing Statement & Fees:
The charge on your credit card statement will appear as Offworld Media Group Inc. It may also appear as CCBill, Epoch or other depending the payment processor.
The charge on your credit card statement will appear as Offworld Media Group Inc. It may also appear as CCBill, Epoch or other depending the payment processor.
You agree to pay all fees for all purchases of materials or memberships. All fess,prices, packages and rates will be posted on the site. We reserve the right to contract with a third party to process payments.
Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible all credit card charge backs, dishonored checks and any related charges.
Refund Policy:
The site is the hosting platform for our “Models” to display their content. Due to the nature of how downloads are processed, we handle refunds on a case-by-case basis. The customer is responsible for ensuring their order is correct before purchasing the media or content from one of our “Models”. Prior to submitting for processing and billing, please ensure that you do not order the same clips twice. Please report any billing errors. Resolution of and billing errors will be handled immediately.
The site is the hosting platform for our “Models” to display their content. Due to the nature of how downloads are processed, we handle refunds on a case-by-case basis. The customer is responsible for ensuring their order is correct before purchasing the media or content from one of our “Models”. Prior to submitting for processing and billing, please ensure that you do not order the same clips twice. Please report any billing errors. Resolution of and billing errors will be handled immediately.
APClips.com does not create any of the content available for purchase or download on the site.
Chargebacks, fraud or abuse by disputing the transaction with the issuing bank will result in immediate disqualification from making future purchases and you will be banned from using the Site.
Videos that are purchased from this site cannot be resold,traded or otherwise distributed.
Force Majeure:
The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s performance.
The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s performance.
Governing Law:
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Seminole County, Florida and Philadelphia, Pennsylvania.
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Seminole County, Florida and Philadelphia, Pennsylvania.
Assignment:
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Severability:
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Attorney’s Fees:
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
No Waiver:
No waiver shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
No waiver shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
Complete Agreement:
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Warranty Disclaimer:
You agree that your use of the site shall be at your sole risk. The site, its directors, officers, employees and agents disclaim all warranties, expressed or implied in connection with the website and your use thereof.
You agree that your use of the site shall be at your sole risk. The site, its directors, officers, employees and agents disclaim all warranties, expressed or implied in connection with the website and your use thereof.
The site reserves the right to remove or delete any content, entries, information or links without notice or warning to any parties or users.