Privacy Policy / Terms & Conditions

NOTE: LINKED MEDIA CONTENT FEATURED ON THIS SITE IS OWNED BY 3RD PARTIES AND JAY SEAN.

This is the official privacy policy (“Privacy Policy”) for JaySeanVideos.com(“Site,” “we,” “us,” or “our”), an Internet website network, a division of JaySeanVideos.com You, Inc. (together with JAYSEANVIDEOS.COM, the “Parent Companies”). This Privacy Policy governs only the personally identifiable information (“Personal Information”) collected by this Site and does not cover any such information collected in any other manner or for any other purpose, or for or by any other JAYSEANVIDEOS.COM programming channel, the Parent Companies and any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”), or any other company, unless specifically stated.

Overview: This Privacy Policy is intended to explain our privacy practices and inform you as to:

* The kinds of Personal Information we collect from users of the Site and how that information is collected;

* How we use your Personal Information;

* The circumstances under which we disclose Personal Information to third parties;

* How you can access, update or delete any Personal Information collected about you by us; and

* The mechanisms we have implemented to protect your Personal Information.

This Site is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using the Site immediately, or if, for any reason, you do not agree with this Privacy Policy, please do not participate in the features, activities and services that require you to provide your Personal Information. This Privacy Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement. Both the Privacy Policy and Terms of Use Agreement are legally binding on all users.

We reserve the right to revise this Privacy Policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Notice of material changes to either document will be posted on the Site’s homepage. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates. We may also e-mail you, at our discretion, about these changes.

We are committed to protecting our users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a Privacy Policy that gives either an opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

The Site qualifies for the alternative option; it has a comprehensive Privacy Policy and provides you with details on how you may either opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at info@JaySeanVideos.com, or you may contact us via regular mail at:

JaySeanVideos.com

2222 Michelson Drive, #1170 Irvine,

California, 92612

c/o Legal Dept.

All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at info@jayseanvideos.com or:

JaySeanVideos.com

2222 Michelson Drive, #1170
Irvine,California, 92612

c/o Legal Dept.

GENERAL PRIVACY INFORMATION

This Site is JaySeanVideos.comgned and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By your participation in our Site activities, you certify that you are at least 13 years of age and a resident of the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information you provide to us or we obtain as a result of your use of this Site will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer and processing of Personal Information to and in the U.S., and in other countries that may not have an equivalent level of protection or a level of data protection considered adequate in the European Union or European Economic Area. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our Affiliates, marketing companies, or Advertisers (as defined in the Terms of Use Agreement). This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

1. Collection and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the JAYSEANVIDEOS.COMfamily of companies. For example, to the extent we offer such services, if you order any of our various Products (as defined in the Terms of Use Agreement), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.

We collect Personal Information about you when you visit the Site and input information, whether you are registering to use any services, features or functions of the Site, participating in Promotions (as defined in the Terms of Use Agreement), ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.

a. Collection of Personal Information During Registration.

To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “Login ID”), and may be required to also provided other Personal Information, such as your email address, first and last name, gender, date of birth, country and zip code. Additional Personal Information may be requested during the registration process (but not required), such as cable/satellite provider, ethnic information, and annual income. We will allow you to change the password portion of your Login ID, as well as certain other Personal Information or Sensitive Personal Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your Login ID. Among other things, these kinds of information help us securely identify you as a registered or permitted user of the Site and our features and functions. You will not be able to change your date of birth without sufficient verification.

All member benefits are free. As a registered user of the Site, from time to time, we may also provide you with certain options to subscribe to a selection of free email newsletters and other periodic information. You may select such options by opting-in at the time of registration or by responding to an offer or invitation at a later date. You will also have the right to opt-out (unsubscribe) or change your preferences at any time by logging in with your Login ID and changing the settings in your account. You may also opt-out to particular email communications by responding to that email and using the “unsubscribe” or opt-out procedure included in that communication.

If you are a registered user, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities, your use of the Site in connection with your registration. You also agree to this Privacy Policy and Terms of Use Agreement.

b. Collection of Personal Information During Registration or In Connection with Certain Features and Functions.

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions that we may offer on the Site, such as chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.

c . Collection of Personal Information in Connection with Promotions such as Contests and Sweepstakes:

To the extent we offer user registration on the Site, registration as a member of the Site is not always required to enter Promotions such as contests and sweepstakes. There may be a separate registration process which will require the submission of your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific Promotion, but submission of such information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to special Promotions or offers from our Advertisers in connection with many of these types of Promotions.

d. Use of Personal Information in Connection with Promotions and Offers; Opt-out Procedures.

We, or our Affiliates, may contact the Site’s registered users or other users that have registered for or participated in various Site events, Promotions, or transactions, or we may send offers for the purchase of goods and/or services that may of interest to users.

You may “opt out” of receiving marketing and promotional e-mails or text messages from us at any time by going to the Site’s home page, clicking the “Your Account” link, to (1) un-registering your account, or (2) changing or edit your preferences. You may also use the opt-out mechanism that is contained in an email or text message. However, we, or our Affiliates, may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, goods and/or services you have ordered, or other transactions you have undertaken with the Site. In the event that we, or our Affiliates, unknowingly sends an email or text message to a child (a person under the age of 13 years) who has registered with the Site in violation of the Site’s Terms of Use Agreement, the child or the child’s parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message, or to request termination of the child’s registration and status as a registered user with the Site. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18 years old, or the age of majority in your state).

e. Sharing of Aggregate Information with Third Parties.

Some of the aggregate user data we collect may be shared with Advertisers, our Affiliates, and other business partners of the Site, its Parent Companies, and/or its Affiliates, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.

f. Use of Communities.

If you use any of the Communities’ features and functions made available on or through the Site, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. The Site and the Parent Companies are in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.

2. Wireless Marketing Services and Promotional Opportunities: JAYSEANVIDEOS.COMmay provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their consent to receive such information from the Site, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided by the Parent Companies or Affiliates for JaySeanVideos.com. The information requested as part of the online registration process may include a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name. Optional information may be requested for specific Promotions, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to the Site’s Privacy Policy and Terms of Use Agreement.

We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.

Users that register for JAYSEANVIDEOS.COM’s wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from JAYSEANVIDEOS.COM. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Parent Companies or Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.

a. Registration

To the extent we provide wireless marketing services, there are two registration methods provided for JAYSEANVIDEOS.COM’s wireless marketing services. Standard rate Promotions will be subject to either the “single opt-in” or the “double-opt-in (Site/SMS)” method, at the discretion of JAYSEANVIDEOS.COMdepending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.

3. Accuracy and Confidentiality: It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.

You are solely responsible for maintaining the strict confidentiality of your user name and password, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party.

Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.

4. Cookies and Other Aggregate Data: We use ‘cookie’ technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:

* Keeping count of your return visits to the Site or our Parent Companies’, Affiliates’, Advertisers’ or partners’ sites;

* Accumulating and reporting aggregate, statistical information in connection with the Site;

* Determining which features users like best; and

* Saving your user name, your password or other information so you don’t have to re-enter it each time you visit the Site.

This Site may contain advertisements, references and links to other websites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters or other communications which you may choose to receive. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Use of Advertisers’ tracking technology is subject to their own privacy policies. For more information about these third party servers and how to “opt out” of the ad-serving cookie.

Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at the Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.

5. Privacy of Your Postings: We respect the privacy of the contents of any Personal Information related to or contained in a Posting, unless the information is intended to be disclosed (such Personal Information, except as intended to be disclosed, is called “Confidential Personal Information”). However, we reserve the right to monitor, edit, and disclose your use of the Site or Confidential Personal Information to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the other terms of the Terms of Use Agreement, or to protect the interests of our users, Advertisers, Parent Companies, Affiliates, suppliers, operational service providers, and others. Please see the Terms of Use Agreement for details regarding Postings.

6. Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. As stated above, we will disclose Personal Information related to or contained in a Posting in connection with the display of and other services relating to such Posting as such Personal Information is intended to be disclosed. When we plan to disclose your Personal Information to Advertisers, we ask for you to opt in to do so, in which case their use of your information is subject to the Advertisers’ own privacy policies. We may disclose Personal Information to Affiliates for marketing and/or administrative purposes and you will have the right to opt-out of such disclosure for marketing purpose. (For opt-out procedures, please see the section of this Privacy Policy above entitled “Use of Personal Information in Connection with Promotions and Offers; Opt-Out Procedures”).

a. Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Affiliates (“Co-Branded Partner”). Such services and features may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect and use your Personal Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. Registered or other users that participate in certain services relating to Postings, such as user video uploads, agree to have certain Personal Information posted on the Site or Platforms (as defined in the User Content Submission Agreement that relates to user video uploads) or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded partner’s website in connection with the display of the uploaded video and posted on any platform that the uploaded video may be posted. Registered or other users that upload videos may also be required to submit additional Personal Information.

b. Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations.  We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site or the Parent Companies. Additionally, such providers are not permitted to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.

c. Other Non-Affiliated Third Parties. We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances:

* When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);

* If we believe your actions violate any law, regulation, the Terms of Use Agreement, including, without limitation, this Privacy Policy, or any of our other terms and conditions, Rules, offerings or any other services, features or functions of the Site, or if you threaten the rights, property or safety of the Site, the Parent Companies, the Affiliates, or any of its or their operational service providers, suppliers, Advertisers, customers or registered users, or any other party;

* If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or

* In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.

7. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.

8. Phishing: Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites JaySeanVideos.comgned to trick recipients into divulging Sensitive Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at info@JaySeanVideos.com , and then immediately delete the fraudulent email from your computer.

9. Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension of your account or termination of any registration you may have made. To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, [please click “Login” on the homepage to sign in to your Site account with your user name and password. Then, click on “YOUR PROFILE INFO” to change, update, or delete your Personal Information. If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to contact the Site’s Privacy Administrator via email with a request at info@JaySeanVideos.com and be prepared to provide verification of your identity. Personal Information collected for certain entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old. Children under the age of 13 that are unknowingly registered on the Site are in violation of the Terms of use Agreement. Parents (including legal guardians) of children that registered on the Site in violation of the Terms of Use Agreement who wish to terminate their child’s membership must use their child’s user name and password (Login ID) to gain direct access to the account, and select “EDIT ACCOUNT” or alternatively, you can send us an email to the Site’s Privacy Administrator and provide us with your child’s Login ID and request to terminate your child’s account and registration. We will not allow direct access to a user’s account and Personal Information by any person without the user’s Login ID. (Please see above for how to change your preferences or the information associated with your account.) If a parent does not have his or her child’s Login ID, the parent will be required to send an email to the Privacy Administrator that includes the parent’s name, address, telephone and email address, in addition to the child’s name and email address as registered on the Site, plus the child’s date of birth. The parent must also provide verifiable identification that they are the parent of the ineligible child. The Site will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child’s account and registration. The parent must then confirm by sending a reply email to the JaySeanVideos.comgnated return address. The Site will then terminate the child’s account but will notify the child of the termination request via email and will identify the name, address and email address of the person making the request.

We reserve the right to deny access, use and registration privileges to any user, including with out limitation a registered user of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

10. Questions: If you have questions about our Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by sending an email to info@JaySeanVideos.com.

11. Sole Statement: This document is the sole statement of the Site’s Privacy Policy with respect to this Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

Terms and Conditions

1. Links

The Website may contain links to third party websites that are not owned or controlled by JaySeanVideos.com. JaySeanVideos.com is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, JaySeanVideos.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release JaySeanVideos.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

2. Website Access

* JaySeanVideos.com hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without JaySeanVideos.com’s prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.

* In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JaySeanVideos.com immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of JaySeanVideos.com or others due to such unauthorized use. JaySeanVideos.com will not be liable for your losses caused by any unauthorized use of your account.

* You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Website in a manner that sends more request messages to the JaySeanVideos.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. JaySeanVideos.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JaySeanVideos.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).

* JaySeanVideos.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

3. Intellectual Property Rights

The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to JaySeanVideos.com. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without JaySeanVideos.com’s prior written consent. JaySeanVideos.com reserves all rights not expressly granted in and to the Website. 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 circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

4. User Submissions

* The Website facilitates the submission of videos or other Content by you and other users (“User Submissions”) and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, JaySeanVideos.com does not guarantee any confidentiality with respect to any User Submissions. JaySeanVideos.com has complete discretion whether to display your User Submission on the Website.

* You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize JaySeanVideos.com to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.

* You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to JaySeanVideos.com, you hereby grant JaySeanVideos.com, in addition to any other rights which it has pursuant to any other program established by JaySeanVideos.com, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and JaySeanVideos.com’s (and its successor’s) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You may notify JaySeanVideos.com to remove the User Submission from the Website, and JaySeanVideos.com will do so within a reasonable time period, at which point the foregoing license to JaySeanVideos.com will terminate other than with respect to usages by JaySeanVideos.com prior to such removal.

* You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.

* You agree that you will not: (i) 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 User Submission and to grant JaySeanVideos.com all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage JaySeanVideos.com or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. JaySeanVideos.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JaySeanVideos.com expressly disclaims any and all liability in connection with User Submissions.

* You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that JaySeanVideos.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 may have against JaySeanVideos.com with respect thereto, and agree to indemnify and hold JaySeanVideos.com, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material (“Mature Content”) is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

5. Copyright and Content Policy

JaySeanVideos.com respects the intellectual property rights of others, and requests you to do the same. JaySeanVideos.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and JaySeanVideos.com will remove all Content if properly notified that such Content infringes another’s intellectual property rights. JaySeanVideos.com reserves the right to remove Content without prior notice. JaySeanVideos.com will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. JaySeanVideos.com may remove such Content and/or terminate a User’s account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide JaySeanVideos.com’s Copyright Agent the following information:

User’s access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.

* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

JaySeanVideos.com’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Legal

JaySeanVideos.com, Inc.

2222 Michelson Drive, #1170 Irvine,

California, 92612

By email: info@JaySeanVideos.com

Please also note that under Section 512(f) of the US Copyright Act any person who knowingly

materially misrepresents that material or activity is infringing may be subject to liability.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JAYSEANVIDEOS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JAYSEANVIDEOS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. JAYSEANVIDEOS.COM DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND JAYSEANVIDEOS.COM 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.

7. Limitation of Liability

IN NO EVENT SHALL JAYSEANVIDEOS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JAYSEANVIDEOS.COM 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 JAYSEANVIDEOS.COM 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.

8. Indemnity

You agree to defend, indemnify and hold harmless JaySeanVideos.com, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

9. Ability to Accept Terms & Conditions

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JaySeanVideos.com without restriction.

11. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over JaySeanVideos.com, either specific or general, in jurisdictions other than the State of California. These Terms & Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and JaySeanVideos.com that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Orange County, California. These Terms & Conditions, together with the Privacy Policy at www.JaySeanVideos.com/privacy/ and any other legal notices published by JaySeanVideos.com on the Website, shall constitute the entire agreement between you and JaySeanVideos.com concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. JaySeanVideos.com reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND JAYSEANVIDEOS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JAYSEANVIDEOS.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General Guidelines

You want to upload some videos? We love that! After all, uploading short flicks to JaySeanVideos.com is one of the five greatest things you can do in the world.

devolving into chaos and becoming another business horror story. So here you go (take notes, we’ll be testing you later):

* No cloning allowed. No, we’re not talking about producing identical sheep in the lab – that’s cool. We’re talking about duplicating videos that already exist on the site. So before you upload a video to JaySeanVideos.com, please conduct a search to see if it already exists here.

* Keep your pants on. We’re not prudes here, but we want JaySeanVideos.com to serve as wide a community as possible.

o What about partial nudity or implied sexuality? We’re not afraid of the odd ‘wardrobe malfunction’ but it’s better to be safe and put an 18+ filter on it.

* Filter that violence. Please remember that JaySeanVideos.com is all about entertainment and entertainment should not come at the expense of others. So if your video contains violence, please stick the appropriate filter on it:

o 13+: For staged/acted violence (such as martial arts).

o 18+: For real-world violence including physical attacks; for injuries, gruesome scenes, or explicit language.

o JaySeanVideos.com will reject videos which portray illegal acts of violence or videos that show or imply human fatalities however newsworthy such footage may seem in context.

* Dress for success. Package your videos with killer titles, descriptions, thumbnails, and tags to attract viewers. But, please, be as complete and accurate as possible, or we’ll tell all the people you deceived exactly where you sleep.

o Irresistible Titles: What’s in a name? Everything. Boring titles = no views, so give your video a title no one can resist.

o Teaser Descriptions: Don’t you hate it when someone tells you the surprise ending of a movie before you’ve seen it? (“Dude, did you hear that Darth Vader is Luke’s dad?”) So go ahead and describe the contents of your video in vivid detail, but don’t give away the punch line.

o Eye-Catching Thumbnails: Pick an image from your video that accurately represents its contents and grabs attention. But if it’s something gross, don’t show it – we like to eat while browsing the site.

o Tag Away: Use as many tags as you want to describe your video. That helps people find it in a search and group relevant content together.

JaySeanVideos.com Rules

We built JaySeanVideos.com to be a creative community buzzing with energy. So we’ve established rules to keep it going:

* Constructive Criticism: Want to watch better videos? Then provide suggestions instead of smack! Good advice goes a long way in building a better JaySeanVideos.com. And if you think you can do better, don’t just say it – REPRESENT with your own video.

* Save Your Talent And Creativity For The Videos: Don’t try to sneak onto top lists by manipulating the results. For example, posting lots of comments on your own video to get onto the “Most Discussed” list won’t get you anywhere. (We watch for this.)

* Keep It Clean And Proper: Flaunt your language skills here, and leave the profanity and other garbage talk at home.

* JaySeanVideos.com Doesn’t Support Haters: Our community has zero tolerance for intolerance, so no defamatory, racist, sexist or homophobic talk. This includes threats of violence or sexual assault against other site users or people appearing in videos. Offenders will be banned forever.

We hate playing cops – it takes time away from watching videos and building a killer site – so we hope this little statement does the job of keeping the JaySeanVideos.com buzz going and growing.