Welcome to genuinetickling.com!
These terms and conditions outline the rules and regulations for the use of Toaster Media Ltd’s Website, located at https://genuinetickling.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use genuinetickling.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. 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.
Unless otherwise stated, Toaster Media Ltd and/or its licensors own the intellectual property rights for all material on genuinetickling.com. All intellectual property rights are reserved. You may access this from genuinetickling.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from genuinetickling.com
- Sell, rent or sub-license material from genuinetickling.com
- Reproduce, duplicate or copy material from genuinetickling.com
- Redistribute content from genuinetickling.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Toaster Media Ltd does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Toaster Media Ltd,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Toaster Media Ltd shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Toaster Media Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Toaster Media Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Toaster Media Ltd; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Toaster Media Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Toaster Media Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Genuine Tickling is a Marketplace, we hold the distribution rights to every clip uploaded on the platform. For each purchase, the payment goes through Genuine Tickling and is then shared with the Third party Vendor that produced the clip.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Toaster Media Ltd. DBA Genuine Tickling (hereafter referred to as “Genuine Tickling “) maintains a website site, www.Genuine Tickling.com (Website), to which registered content providers, producers and sellers (hereafter referred to as the “Studio”) can upload media in electronic format (Files) for the purpose of allowing Genuine Tickling to act as agent for licensing rights to consumers. By registering with Genuine Tickling for the purpose of providing content, Studio agrees to the following:
Studio must be at least 18 years of age to apply for registration with Genuine Tickling to provide content. The Studio shall provide sufficient proof that owner , all managing partners and participants of Studio is at least 18 years of age. Furthermore, any and all participants portrayed within any content from the Studio (hereafter known as “Actors”) will be at least 18 years of age. Genuine Tickling shall not be required to monitor Actors within Studios and it is the sole responsibility of Studio to provide proof of age of all Actors appearing in its content. Genuine Tickling may elect at any time and in its sole discretion to monitor any area or records pertaining the Website for compliance with this Agreement or for any other reason.
2. Licensed Materials.
All materials provide by Studio and uploaded to the Genuine Tickling website shall be licensed to Genuine Tickling for posting by Genuine Tickling pursuant to the “Grant of License” set forth in Section 3. All content or Files uploaded to the Genuine Tickling server shall constitute “Licensed Materials”. Studio represents and warrants to Genuine Tickling that any and all content uploaded by Studio is exclusively owned by Studio and /or that Studio has the full and complete authority to utilize and license the Licensed Materials.
3. Grant of Licenses.
By uploading media content, the Studio agrees to give Genuine Tickling irrevocable nonexclusive royalty-free rights to use the Licensed Materials for any purpose including publication, display, modification, and creation of derivative works. Genuine Tickling has the right to license any content up until the time the Studio requests the removal or disabling of the file from the Website. The Studio retains the right to revoke licenses to content at any time. This grant of License to Genuine Tickling does not effect any transfer of title to the Licensed Materials or any copyright, trademark, patent or other intellectual or proprietary right to Genuine Tickling. All copyrights remain the sole ownership of the Studio and the Studio is solely responsible for its intellectual property rights.
4. Distribution of Licensed Materials.
Genuine Tickling retains the right to provide royalty-free copies of all content to paying customers who have purchased rights to the content.
The copyright of all content uploaded by the Studio is retained by the Studio. The Studio may not upload content to which they do not own the copyrights. Anybody found uploading material that they do not have rights to will have all their studios closed and all funds frozen. While Genuine Tickling maintain a ZERO TOLERANCE policy on piracy, Genuine Tickling shall have no obligation or requirement to enforce or prosecute copyright violations or any infringement on Licensed Materials.
6. Studio Payment.
The Studio shall be entitled to a fee based on an agreed upon fee schedule. The Studio will have access to records in order to determine the amount of payment it will receive. The Studio acknowledges and agrees that it must earn and collect a minimum of $75 from its Licensed Material(s) as a condition precedent to any payment to Studio.
There is a 2% fee to cover transfer costs.
Additional Condition Precedents to Payment:
In order to receive compensation for sales of content, the Studio must remain in good standing with the following terms:
(a) Registration. The Studio represents and warrants that the Studio and all participants have provided Genuine Tickling with accurate, complete, and updated registration information while registering and agrees to correct and update that information to ensure its accuracy and completeness at all times. (b) Account Responsibility. All Studios who register online for Genuine Tickling will receive an account and password. The Studio is entirely responsible for any and all activities conducted through his or her account and shall indemnify Genuine Tickling for any use of the same The Studio may permit another individual to use the account subject to the Studio’s supervision and assumption of all resulting duties, obligations and liabilities. The Studio agrees to notify Genuine Tickling immediately of any unauthorized use of the Studio’s account or password as well as of any other breach of security. (c) User Names. Upon the Studios registration as a Studio of Genuine Tickling, the Studio may be asked to choose a username to identify the Studios self to other Studio and Genuine Tickling staff. the Studio may not select or use a username of another person, or a name which violates any third party’s trademark right, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which Genuine Tickling deems in its discretion to be vulgar or otherwise offensive. Genuine Tickling reserves the right in its sole and absolute discretion at any time and without any prior notice to Studio to delete any content for any reason or no reason at all.
(d) Former Studio. Studio whose accounts have been terminated by Genuine Tickling may not access their Studio Website in any manner or for any reason without the express written permission of Genuine Tickling. The termination of any Studio Account shall be deemed an unequivocal termination and revocation of Studio’s right to utilize Genuine Tickling or its website services. Studio acknowledges and agrees that Genuine Tickling may terminate Studio at any time without any prior notice. Studio is not granting or conferring any benefit to Genuine Tickling, but its grant of license of Licensed Materials, which license shall terminate upon Genuine Tickling’s termination of Studio Account. Accordingly, Studio acknowledges and agrees that it shall have no claim or cause of action against Genuine Tickling for any termination as no damages shall be sustained by Studio, except for any residual payments remaining pursuant to Section 6. Studio may make no demand for payment until it complies with all conditions precedent. Active Studios may not knowingly allow former Studio who have been terminated to use the active Studio’ accounts. (e) By uploading content such as video media & image files, the Studio warrants that it and its participants are the legal owner and authorized licensors of the copyright thereto. (f) By uploading content, the Studio warrants that the content does not depict subject matter in a manner that violates any laws, regulations or standards of decency in its community. (g) By uploading content, the Studio warrants that the uploading was not done with the intent to harass, threaten, embarrass or cause distress, unwanted attention, or discomfort upon another person or entity. (f) By uploading a model release or otherwise representing that subjects depicted in an image file have consented to publication for whatever purpose, the Studio warrants that the information is complete and accurate.
The Studio shall indemnify, defend and hold harmless Genuine Tickling, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages, expenses (including attorneys’ fees and costs) and damages in consequence thereof. Genuine Tickling reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, which shall not excuse the Studio’s indemnity obligations.
8. Control of Operations
(a) Genuine Tickling, in its sole and absolute discretion, may remove any content uploaded to the Website, including content that may appear to infringe the intellectual property rights of others or that violate any copyrights, laws, or deemed vulgar.(b) Studio Privacy. Genuine Tickling may access and disclose any information about the Studio or any content the Studio provides to the Website if Genuine Tickling believes in good faith that such action is reasonably necessary to enforce this Agreement, its copyright policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its Studio, or users. (c) Genuine Tickling reserves the right, but does not assume the responsibility, to restrict conduct which Genuine Tickling deems in its discretion to be harmful to individual Studio, damaging to the communities that use Genuine Tickling, or in violation of Genuine Tickling’s or any third party’s rights.
(a) Genuine Tickling expressly disclaims all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade. (b) Genuine Tickling, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Genuine Tickling. From time to time the porting of particular content may not be feasible and Genuine Tickling may remove any such content from the Website without any liability to the Studio. The Studio is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. (c) Genuine Tickling assumes no responsibility for any actions or liabilities arising from the possession or use of images, photos, files or software obtained from the Website. (d) Genuine Tickling makes no warranty that service will be uninterrupted, timely, secure, or error free. Genuine Tickling makes no warranty as to the use or the results that may be obtained from the use of Genuine Tickling. (e) Genuine Tickling makes no warranty with respect to any related software or hardware used or provided by Genuine Tickling in connection with the Website. Any patent, copyright, trademark, trade secret or warranty infringements, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
10. Limitation of Liability
The Studio acknowledges that Genuine Tickling shall not assume or have any liability for any action by Genuine Tickling or its affiliates and licensees with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, Genuine Tickling shall not be liable to the Studio for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Genuine Tickling has been advised of the possibility of such damages, in connection with Genuine Tickling or with any other product or service provided by Genuine Tickling , or resulting from the use of or the inability to use the Website or any transaction entered into through or from Genuine Tickling , or from unauthorized access to or alteration of the Studios transmissions, data, or account. The Studio specifically agrees that Genuine Tickling is not responsible or liable to the Studio or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another’s rights, including intellectual property rights, rights of publicity, or rights of privacy. Genuine Tickling holds no liability to the Studio for breach of this agreement.
Either the Studio or Genuine Tickling may terminate the Studio’s account with Genuine Tickling at any time with or without cause. the Studio only right with respect to any dissatisfaction with any (i) Agreement term or policy or practice of Genuine Tickling in operating the Website, (ii) content available through Genuine Tickling or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate the Studio account with Genuine Tickling by notifying Genuine Tickling support of the desire to terminate by e-mail. Notice of termination will be effective upon receipt by Genuine Tickling, or upon receipt of confirmation if confirmation is requested. Studio’s store will stay on the platform for 90 days before deletion. All revenue made during this period will be shared as if the studio was active.
Conduct The Studio may not upload content which is unlawful and agrees to use Genuine Tickling only for lawful purposes. The Studio may not post to or use Genuine Tickling to transmit any content which is deemed by Genuine Tickling to be generally offensive to the public or harmful. Any conduct by the Studio that in Genuine Tickling’s sole discretion restricts or inhibits any other the Studio, person or entity from using or enjoying Genuine Tickling or another service will not be permitted and shall entitle Genuine Tickling to immediately terminate the Studio’s account and close the Studio without notice.
If any term or provision of this Agreement is found to be unenforceable for any reason, this Agreement shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
A material part of this contract due the nature of the content of the media and privacy concerns of all parties involved is the Agreement to confidential arbitration. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Las Vegas, Nevada pursuant to the rules of the Arbitration Act (Nevada) and submitted to JAMS alternative dispute resolution systems, at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Nevada, in the venue of the County of Clark, and the Studio agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the State of Nevada. the Studio consent to service of any required notice or process upon the Studio by registered mail or overnight courier with proof of delivery. [INITIAL _________] The Studio agrees and acknowledges that this provision was freely, knowingly and intentionally entered into and not a contract or provision of adhesion. The Studio has equal bargaining position in negotiating this provision and deems the mandatory arbitration requirements as acceptable in its best interest. [_____]
15. Legal Fees and Jurisdiction
If Genuine Tickling is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, the Studio agrees to reimburse Genuine Tickling for its legal fees, costs and disbursements if Genuine Tickling is successful. The Studio agrees that the Courts of London, United Kingdom are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. [INITIAL____]
16. Entire Agreement
The Studio ACKNOWLEDGES THAT the Studio HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement comprises the entire agreement between Genuine Tickling and the Studio, and supersedes any prior agreements. Genuine Tickling reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. The Studio agrees to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to the Studio, the Studio may terminate the Studio as provided in Section 10. the Studio continued use of Genuine Tickling following posting of the revised Agreement on the Website shall be deemed to be acceptance of all such revisions.