Legal & Section 2257 Compliance Statement
Choose from any of the links below to jump to the corresponding section.
- Terms of Service
- DMCA Notice Of Copyright Infringement
- 18 USC 2257 Compliance Statement
Terms of Service
Acceptance of Terms of Service
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 21st of May 2015.
By accessing the Service you represent and warrant that you are at least 18 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.
Provision and Modification of the Service
You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by IsAnyoneUp, download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. IsAnyoneUp disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. IsAnyoneUp disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that IsAnyoneUp will not be liable for any such services, software, content, or advertising.
IsAnyoneUp reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by IsAnyoneUp or others. You agree that IsAnyoneUp will not be liable for any modification, suspension, interruption or discontinuance of the Service.
Conditions on Use of the Service
IsAnyoneUp grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
- You will access and use the Service solely for your own personal use.
- You will comply with all applicable laws and regulations in using the Service and any content of the Service.
- You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
- You will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
- You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service.
- You will not collect personally identifiable information, including without limitation account names or e-mail addresses, from the Service, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS.
- You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment.
- You will not defeat or interfere with any security feature of the Service, or attempt to do so.
- You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service.
- You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of IsAnyoneUp.
Your Conduct and Your Use of the Service
The IsAnyoneUp Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the IsAnyoneUp website, through the IsAnyoneUp Community, or through IsAnyoneUp Chat. User Content uploaded through the IsAnyoneUp website will generally be made public. When you upload User Content through the IsAnyoneUp Community or IsAnyoneUp Chat, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the IsAnyoneUp Community or IsAnyoneUp Chat, or to make it public. You consent to the public dissemination of all User Content you submit through the IsAnyoneUp website, that you upload through the IsAnyoneUp Community or IsAnyoneUp Chat and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public, User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by IsAnyoneUp, including but not limited to User Content that you upload through the IsAnyoneUp Community and designate as public or to be shared with specified members, audio, video, and text content submitted to the IsAnyoneUp Blog, IsAnyoneUp Chat, IsAnyoneUp Radio, and IsAnyoneUp TV.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize IsAnyoneUp to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 18 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that IsAnyoneUp does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by IsAnyoneUp. You are solely responsible for creating backup copies of and replacing any User Content you submit to IsAnyoneUp or post on the Service, at your own cost and expense. You agree that IsAnyoneUp has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. IsAnyoneUp retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that IsAnyoneUp is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Service
All content and components of the Service other than User Content ("IsAnyoneUp Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by IsAnyoneUp, or are licensed to IsAnyoneUp subject to copyrights or other intellectual property rights held by others. IsAnyoneUp reserves all rights to the IsAnyoneUp Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.
IsAnyoneUp provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. IsAnyoneUp reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. IsAnyoneUp reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to IsAnyoneUp an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
IsAnyoneUp does not assert any ownership over your User Content; rather, as between IsAnyoneUp and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
IsAnyoneUp may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights IsAnyoneUp obtains will apply only to the compilation, collective work, or derivative work; as between IsAnyoneUp and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize IsAnyoneUp to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
Objectionable or Inappropriate Content
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. IsAnyoneUp does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
IsAnyoneUp may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that IsAnyoneUp is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform IsAnyoneUp by using our contact form. IsAnyoneUp will review your message and the content to which you object (assuming it is still available through the Service). IsAnyoneUp may remove the content if, in IsAnyoneUp's judgement, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that IsAnyoneUp is not legally responsible for content that it does not originate. Neither is IsAnyoneUp legally responsible for removing content that it deems inappropriate from the Service.
IsAnyoneUp reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of IsAnyoneUp, its users and the public. You agree that IsAnyoneUp will not be liable for exercising or failing to exercise any of these rights.
IsAnyoneUp respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions in our DMCA Section.
Names and Trademarks
IsAnyoneUp®, IAU®, IsAnyoneUp?, IsAnyoneUp.com, and other IsAnyoneUp logos and product or service names are trademarks of IsAnyoneUp. All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Sponsors, Advertisers and Third Parties
The Service may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by IsAnyoneUp. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by IsAnyoneUp. IsAnyoneUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release IsAnyoneUp from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Service.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between you and such third parties. You agree that IsAnyoneUp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
IsAnyoneUp may, in its sole discretion, terminate your access to the Service, delete any content or information that you have posted or communicated through the Service, and/or prohibit you from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ISANYONEUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, ISANYONEUP MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from IsAnyoneUp, shall create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISANYONEUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ISANYONEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, ISANYONEUP WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL ISANYONEUP'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO ISANYONEUP OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND ISANYONEUP. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY ISANYEONEUP, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You agree to hold harmless and indemnify IsAnyoneUp, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. IsAnyoneUp will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of IsAnyoneUp to provide such notice will not relieve you of these obligations.
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
The failure of IsAnyoneUp to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Nevada, without giving effect to conflict of laws provisions.
Arbitration & Class Action Waiver
You and IsAnyoneUp agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and IsAnyoneUp hereby waive any right to a jury trial of any dispute we have that is subject to this arbitration agreement. Neither you nor IsAnyoneUp may bring a claim against the other as a class action. Neither you nor IsAnyoneUp may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us.
As used in this arbitration agreement and waiver, the terms "IsAnyoneUp" and "you" include IsAnyoneUp's and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and IsAnyoneUp, including, but not limited to claims that relate in any way to the relationship between you and IsAnyoneUp, your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
The obligation to arbitrate is not binding upon IsAnyoneUp with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and IsAnyoneUp have the right to bring qualifying claims in small claims court.
Arbitration of any dispute or claim must be initiated within one year, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS dispute resolution service, taking place exclusively in Clark County, Nevada. To initiate arbitration, you or IsAnyoneUp must submit a claim to JAMS, 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, Nevada, USA, 89169, tel. 702-457-5267, with notice to the other party by certified mail. Notice to IsAnyoneUp should be sent to: For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/.
These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless you and IsAnyoneUp both agree otherwise, the arbitrator may not join your claim(s) or IsAnyoneUp's claim(s) with any other claim, and may not preside over any representative or class proceedings.
In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and IsAnyoneUp of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.
If you have any questions or concerns about the TOS or the Service, please contact us using our contact form.
The IsAnyoneUp Service and Third Party Sites
Information Collected by this Service
When you use the Service, we may collect passive information about your visit. Passive information is any form of aggregate data, navigational data, tracking data, click-stream data, or historical data. It may include the domain name of your internet service provider (e.g., whether you logged on from aol.com or verizon.net), referral data (e.g., the address of the last URL you visited prior to clicking through to the IsAnyoneUp website) and browser and platform type (e.g., a Firefox browser on a Macintosh platform). We use this information to track how users are accessing and using the Service.
In addition, when you use the Service we generally collect the IP Address of the computer you are using to access it. (An IP, or "Internet Protocol," address is a unique number associated with your computer, that may be communicated to other computers and servers when you use the Internet.) We use this information for purposes of security and anti-fraud protection.
These kinds of information do not, on their own, personally identify you. However, they can potentially be combined with information obtained from other sources in order to identify you. IsAnyoneUp does not ordinarily seek or obtain personally identifying information about users from others. It does reserve the right to seek such information in the event of a violation of the IsAnyoneUp Terms of Service, in the event of a dispute between IsAnyoneUp and you, or if required by law to do so.
Content You Submit to IsAnyoneUp or Communicate Using the Service
IsAnyoneUp may allow you to submit and communicate audio and video content, text, links, and other content ("User Content"). Except with respect to User Content that you are expressly allowed and enabled to keep private using the IsAnyoneUp Community uploading function or IsAnyoneUp Chat private messaging, User Content that you submit to IsAnyoneUp or communicate using the Service, including any personal information included in your User Content, becomes publicly available and can be seen, collected, and used by others. Once made public, User Content cannot be made private again. In addition, User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by IsAnyoneUp, including but not limited to audio or video content submitted to the IsAnyoneUp Community, IsAnyoneUp Chat, IsAnyoneUp Blog, IsAnyoneUp Radio, and IsAnyoneUp TV. You should not submit or communicate any content using the Service that you do not want to be seen, collected, or used by others.
In the process of posting User Content, you may be asked to provide some personally identifying information, such as your name, address, e-mail address, a password, and other documentation. You may also be asked to provide such information in order to use certain features of the Service, including but not limited certain features of the IsAnyoneUp Blog, IsAnyoneUp Community, and IsAnyoneUp Chat available only to registered users.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including User Content. We will not publically post your name or other personally identifying information, and we will not provide such information to our advertisers or business partners without your permission. However, some of the information you provide in registering for and using the IsAnyoneUp Community feature will be displayed to other members of the IsAnyoneUp Community, and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances, as set forth below ("Permitted Disclosures of Personal Information").
Use of Visitor Information Collected by the Service
We do not share personally identifiable information about users of the Service in the ordinary operation of the Service, unless you have included such information in User Content that you submit or communicate using the Service, such as through the IsAnyoneUp Community feature. We may obtain and merge information about users and usage of the Service into aggregated data, which may then be used by us and/or shared with advertisers or others. When we provide aggregated information to outside companies, they will not be able to identify you or contact you based on that data.
Usage Information - Collection and Use by Advertisers and Others
We do not knowingly allow children to use the Service, and all users of the Service represent and warrant that they are at least 18 years old. We do not collect or maintain information from those we actually know are under 18, and no part of our Service is designed to attract anyone under 18. If we become aware that anyone under the age of 18 is using the Service, their access to the Service will be terminated.
Permitted Disclosures of Personal Information
Some components of the Service may use security measures to protect against the loss, misuse and alteration of information that is transmitted through the Service. However, no data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we strive to protect your personally identifiable information, we cannot ensure or warrant the security of any information you transmit, and you do so at your own risk.
Questions or Concerns
DMCA Notice Of Copyright Infringement
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the "DMCA") and/or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity and/or terminating the user's access to IsAnyoneUp.com ("IsAnyoneUp").
If you believe any material accessible on IsAnyoneUp infringes your copyright, you may submit a copyright infringement notification (see below, "Filing a DMCA Notice of Copyright Infringement" for instructions on filing such a notice). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner's behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, "Counter-Notification Procedures" for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act.
Filing a DMCA Notice of Copyright Infringement
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
We accept free-form copyright infringement notifications, submitted by email. In accordance with the DMCA, the written notice (the "DMCA Notice") must substantially include the following:
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. If your complaint does not contain the specific URL of the content you believe infringes your rights, we may be unable to locate and remove it. General information about the content, such as a category URL or username, typically is not adequate. Please include the URL(s) of the exact content.
- Adequate information by which we, and the uploader(s) of any content you remove, can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint.
Our designated Copyright Agent to receive DMCA Notices is:
- Email email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on IsAnyoneUp is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you have received a DMCA Notice and believe that material you posted on IsAnyoneUp was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice"). Counter notifications must be submitted by the content's original uploader or an agent authorized to act on their behalf.
Counter-notices must be sent to our designated agent:
- Email firstname.lastname@example.org
Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before removal or access to it was disabled;
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification; and
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which the operator of IsAnyoneUp may be found), and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person.
We will not respond to counter notifications that do not meet the requirements above.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice, unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Please be aware that if you knowingly materially misrepresent that material or activity on IsAnyoneUp was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating and/or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to IsAnyoneUp, terminate and/or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
18 USC 2257 Compliance Statement
IsAnyoneUp has been informed and believes that the performers, models, and other persons that appear in any visual depiction of actual sexually explicit conduct (as defined in 18 U.S.C. § 2257) appearing or otherwise provided by the Service were over the age of eighteen years at the time of the creation of depictions in which they appear.
Exemption: Content Produced by Third Parties
The owners and operators of IsAnyoneUp.com ("IsAnyoneUp") are not the "producers" of any depictions of actual or simulated sexually explicit conduct which may appear on the IsAnyoneUp.com website, or through the IsAnyoneUp Blog, IsAnyoneUp Chat, IsAnyoneUp Radio or IsAnyoneUp TV (the "Service"). More specifically, IsAnyoneUp limits its handling of such content, and only performs the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material provided by the Service as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom the Service is provided as an online service by IsAnyoneUp. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), IsAnyoneUp reserves the right to delete materials appearing on the site as the result of actions taken by the website's users, which materials are deemed, in IsAnyoneUp's sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for the Service.
Exemption: Content Produced by Website Operators
To the extent that any content appears on the Service, for which IsAnyoneUp may be considered the "producer," that content is exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced content does not portray any sexually explicit conduct defined in 18 U.S.C. § 2256(2)(A); (ii) the produced content does not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced content does not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced content were created prior to July 3, 1995.
Please direct questions pertaining to content provided through the Service by using our contact form.
IsAnyoneUp is rated with RTA label. Parents, you can easily block access to this site. Please read this page http://www.rtalabel.org/index.php?content=parents for more information.