1.-Rules and mode of acceptance of the terms of use.

This agreement governs the access and use of the web page that Techpump Solutions S.L. makes available to users who are interested in the service, titled www.tokyvideo.com.

The use of the services provided on this website implies acceptance of these terms of use.

THE USER declares to have full capacity to contract and be bound by acceptance of these terms of use.

Techpump Solutions S.L. may cease, at any time and without prior notice, providing of the services available through www.tokyvideo.com as well as modify the services provided, whether that be through incidental or substantial aspects. THE USER may terminate this agreement at any time, by withdrawing his user account.

Techpump Solutions S.L. may without notice cancel or suspend the account or access to the website of the USER, according to the unilateral discretion of Techpump Solutions S.L., considering that they are failing to comply with the Terms of Use and/or current legislation.

2.-Price for the use of the service

The use of this service by its users, whether or not registered users, is completely free.

3.-Language of the "terms of use."

The legally established language is Spanish from Spain; therefore before translating this Legal Notice into any other language, the original Spanish clauses must be understood as binding, both in the Legal Notice and in the Terms of Use or Privacy Policy.

4.-Privacy.

With the acceptance of these terms of use, the USER also declares knowledge and acceptance of our privacy policy.

Personal data sent by the USER using any of our forms will be incorporated into an automated file created by Techpump Solutions S.L. for which they are responsible. THE USER agrees that the data he provided is not false, is up-to-date and does not correspond to other persons other than the user.

5.-Intellectual property and infringements.

The USER of this website declares and guarantees that they are the exclusive owner of the rights to the content uploaded to the website, including but not limited to intellectual property rights, image rights, or any other related rights, or that they have obtained the necessary authorization through a license from the exclusive owner for its distribution via this service.

The USER also declares that such content does not infringe upon the rights of third parties, is free of any charges or encumbrances, and that they have full authority to distribute it.

Therefore, the USER understands and accepts that they are only permitted to upload material to this website under the following conditions:

1. The USER is the exclusive owner of all rights to the content made available through our service. In this case, the USER additionally declares that the content is not part of the repertoire managed by any collective rights management entity and maintains full control over its management.
2. The uploaded content has been previously disclosed by the rights holders under a license that permits its free distribution by third parties through any media.

The USER, or any third party who becomes aware of a potential infringement of intellectual property rights concerning the content hosted on this site, must promptly report such violations, notwithstanding the control mechanisms and filters established by the website.

The following channels may be used for submitting reports regarding potential infringements of intellectual property rights:

• Reaching out to the company’s general email address provided in these terms and conditions or sending a formal letter to the registered office specified on this website.
• Using the specific e-mail address: fast@tokyvideo.com
• Using the specific mailing address provided in the DMCA section of this website.
• Through the "Report" option provided adjacent to the content in question, which enables users to formally raise any concerns.
• Through the channels designated by the Data Protection Officer, as outlined in the LEGAL NOTICE section.

6.-Release of rights for the provision of the service.

With the acceptance of these terms of use, the USER releases freely and non-exclusively to Techpump Solutions S.L. the rights of intellectual property and of any other type on the content uploaded to this service, including reproduction, distribution, public communication and transformation of the content worldwide, during the time in which the assigning user has access to it from the web, with the only purpose and object of this being that the content can be hosted and disseminated by the user through this service.

The user and owner of the rights to the content uploaded to the website will continue to be the exclusive proprietor, as the assignment contained in this section is only for the purposes that TOKYVIDEO may provide his services through the website and the rest of USERS can access his content.

In the event that the uploaded content is from a third party, but reported with a license that allows its free dissemination, the USER undertakes and is responsible for the license effectively permitting the type of use of that content through the service provided by the website.

The release of rights to Techpump Solutions S.L. of the content uploaded to the service will last as long as the USER has it published on the service offered by www.tokyvideo.com or until he cancels his account with the service, with the exception of any comments made using the service while his account was active that had been published in places other than on the profile of the user whose account has been cancelled, and whose cession of rights will be during the maximum time allowed by the law, without prejudice that the USER will continue being the exclusive author and proprietor of this content.

After the removal of the content or the cancellation of the account by the USER, with said exceptions, it will not be accessible by others although Techpump Solutions S.L. may have backups of the site that could possibly have been made when the content was published.

7.- Release of image rights

In case that the USER uploads content where the image of a person appears (including the avatar of the USER), the USER guarantees being of adult age, to be the owner of the rights belonging to those images and to be in possession of the authorization of the people whose image is being reproduced. The USER is committed not to upload to our website any content without image or video authorization, where people appear who have not authorized the use when being legally enforceable. In case that the content uploaded by the user shows people under adult age, the USER guarantees he or she, has got the express and unequivocal consent for the recording and showcasing of the image, provided by the parents or legal tutors of the underage person.

By the acceptance of these term of use, the USER releases to Techpump Solutions S.L. non-exclusively, effective worldwide, in a free and transferable way with the authority to sub-license, the image rights associated with his photo uploaded to www.tokyvideo.com as well as intellectual property rights of reproduction, distribution, public communication, and transformation of it.

The release of intellectual property and image rights will last as long as the user has his photography posted on his profile on www.tokyvideo.com, and the only purpose will be to show the image to other users of the service.

THE USER is also committed to not uploading to our website, without authorization for the image or video, any in which people appear that have not authorized use when this is legally enforceable.

8.- Liability for improper use of the service and infringement of rights.

THE USER recognizes that Techpump Solutions S.L. is not responsible for possible unlawfulness or damages to the rights of the works or contents that are made available to third parties through the service offered on the website.

Likewise, the USER agrees to report to Techpump Solutions S.L. all content hosted on the website, of which there may be justified suspicion of illicitness.

Techpump Solutions S.L. reserves the right to withdraw content if its illicitness so requires - or content that may have justified suspicion - as required by the current Law of Services of the Society of Information in Spain.

The user is obligated to not carry out any actions or omissions that could break the law or cause damage, and, in particular and for example, will refrain from:

1. Publishing content that is offensive, libelous, slanderous, racist, discriminatory, or which otherwise may injure the rights of third parties.
2. Publishing data, personal images, or private information of any third party.
3. Creating user accounts with fake profiles impersonating third parties.
4. Using the service to perform unauthorized commercial communications or for collecting data from other users.
5. Uploading content to the service which is subject to the intellectual or industrial property rights belonging to third parties without consent of these parties.
6. Publishing content that might infringe on the right to honor, privacy, or image of third parties.

Techpump Solutions S.L. reserves the right to cancel the account of any user that it considers, with good reason, may be using it to infringe on rights of third parties.

9.-Prohibition of Inappropriate Content

Notwithstanding that TOKYVIDEO has established mechanisms to prevent the dissemination of prohibited content, the USER agrees not to publish, distribute, or share any content on TOKYVIDEO that is illegal, offensive, or inappropriate, in accordance with the following provisions.

Inappropriate content is defined as, among other things, the following:

• Illegal Content: Any material that violates applicable laws, including, but not limited to, content related to child pornography, advocacy of terrorism, incitement to violence, drug or weapons trafficking, and any criminal or unlawful activity.
• Hate Speech and Violence: Any content that incite hatred, discrimination, or violence against individuals or groups based on their race, ethnicity, religion, gender, sexual orientation, disability, or any other legally protected characteristic.
• Denigrating or Discriminatory Content against Women: Any content that degrades, dehumanizes, sexualizes or promotes violence or discriminatory attitudes towards women, whether in the form of images, videos, texts or any other format, including misogynistic remarks or comments that endorse or may promote gender-based violence.
• Mistreatment or Cruelty to Animals: Any content that promotes or depicts mistreatment, abuse, exploitation or cruelty to animals, including engaging in illegal activities related to animal cruelty.
• Privacy Violations: Any content that discloses personal or confidential information of third parties without their express consent, including, but not limited to, names, addresses, telephone numbers, financial data or any information that violates the right to privacy.
• Fraudulent or Deceptive Content: Material that is misleading or fraudulent, including scams, phishing schemes, impersonation, or any form of deceit.
• Explicitly Violent or Graphic Content: Any content that depicts or encourages acts of violence, torture, mutilation or any other type of violent or explicit conduct.
• Sexually Exploitative or Abusive Content: Any form of pornography or content that explicitly depicts sexual acts or suggests sexual conduct, including but not limited to graphic images, videos, or narratives intended to elicit sexual arousal.
• Dissemination of Malware and Harmful Activities: Any content that contains viruses, malware, spyware, or any other malicious software or code designed to damage or adversely affect the operation of any software, hardware or device.
• Spam and Unsolicited Content: Unsolicited bulk postings, automated messages, repetitive advertising, or any other activity that could be classified as spam or abuse of the system.

Violation of these rules may lead to immediate suspension or termination of access to TOKYVIDEO, without prejudice to any other legal or administrative measures that may be taken, including criminal prosecution. TOKYVIDEO reserves the right to remove any content that it deems, in its sole discretion, to be in violation of these provisions or any other applicable regulations.

If the USER or any third party identifies content that they believe violates the aforementioned provisions, they must report it through the channels specified in Section 5 of these Terms and Conditions.

10.-Advertising

The user is aware and accepts that Techpump Solutions S.L. may now or in the future include advertising on the website for their own or third party activity.

11.-Applicable law and jurisdiction

For any disputes that may arise in the interpretation or enforcement of these Terms of Use, as well as those derived from the use of the service, both parties agree that the courts and tribunals of Gijón (Spain) will be competent.

12.-Changes in the terms of use

Techpump Solutions S.L. may modify these terms of use.

In the case of modification, the user accepts that they will be sent an e-mail informing them about the modification. Non-registered users must monitor these terms of use frequently in order to ascertain any changes made since the last time they accessed the website.

The use of the service after the modification of the terms of use implies the knowledge and acceptance of the new modified version.