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Last Modified: December 06, 2024
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.thumbzilla.com (hereinafter “Thumbzilla” or this “Website”), including any content, functionality and services offered on or through this Website as a guest. These Terms of Service apply to this Website (web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service), whether accessed via computer, mobile device or other technology, manner or means.
Please read the Terms of Service carefully before you start to use this Website. By using this Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Notice, found at http://www.thumbzilla.com/terms/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Notice, you must not access or use this Website.
If you access or use this Website, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of these Terms of Service.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
We may also offer other websites that are governed by different terms of service. You shall abide by their terms.
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing this Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, you are not permitted to reach out to us or use this Website. You also represent that the jurisdiction from which you access this Website does not prohibit the viewing of sexually explicit content.
We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. You are expected to periodically review the most up-to-date version found at http://www.thumbzilla.com/information/terms, so you are aware of any changes, as they are binding on you.
If we change anything in these Terms of Service, the change will be reflected in the “last modified date”. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision. If the “last modified” date is unchanged from the last time you reviewed these Terms of Service, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review these Terms of Service, and you agree to the new ones.
All changes are effective immediately when we post them and apply to all access to and use of this Website thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review the new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use this Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.
Thumbzilla allows for the general viewing of various types of adult-oriented content by visitors or viewers who desire to view visual depictions of adult-oriented content, including sexually explicit images. In addition, Thumbzilla does not allow neither does it own the adult-oriented content, including that of a sexually explicit nature on its Website.
This Website may contain links to third party websites that are not owned or controlled by Thumbzilla. Thumbzilla has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Thumbzilla will not and cannot censor or edit the content of any third-party site. By using this Website, you expressly relieve Thumbzilla from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Website and to read the terms and conditions and Privacy Notice of each other website that you visit.
This Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Thumbzilla.
This Website is for adult-oriented content. Other categories of content may be deleted.
You understand and acknowledge that when using Thumbzilla, you will be exposed to content from a variety of sources, and that Thumbzilla is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thumbzilla with respect thereto, and agree to indemnify and hold Thumbzilla, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on this Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period. From time to time, we may restrict access or use to some parts of this Website, or the entire Website.
You are responsible for:
making all arrangements necessary for you to have access or use to this Website;
ensuring that all persons who access this Website through your internet connection are aware of these Terms of Service and comply with them.
To access this Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide on this Website, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Notice found at http://www.thumbzilla.com/terms/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
When you leave our website to interact with third-party service providers, and you provide information, including account or credit card or other payment information, you agree to review all policies and agreements applicable to your use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
Commercial use of either this Website or any material found within is strictly prohibited unless authorized by this Website. No material within this Website may be transferred to any other person or entity, whether commercial or non-commercial. No material within this Website may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from.
Thumbzilla and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through this Website, such as trademarks, service marks, names or logos associated with third party content providers, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of Thumbzilla or this Website or vice versa.
Certain materials available on or through this Website are content we purchased or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and this Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using this Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
Thumbzilla provides an “embeddable player” feature, which you may incorporate into your own websites for use in viewing the content on this Website. You may not modify, build upon or block any portion or functionality of the embeddable player in any way, including but not limited to links back to Thumbzilla.
The above-described license is conditioned on your compliance with these Terms of Service and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
For the purposes of this section:
“Class 1A Material” shall mean any material, by any medium, that depicts, or otherwise contains child sexual exploitation/child sexual abuse, extreme crime and/or violence, or material that is in support of terror and/or acts of terror.
“Class 1B Material” shall mean any material that depicts or otherwise contains crime and/or violence (but not extreme drug or violence), or drug-related material.
Class 1A Material and Class 1B Material may hereinafter collectively be referred to as “Illicit Material”.
Per the provisions of the Online Safety Act (2021) (the “OSA”) Australian Users hereby must ensure and subsequently warrants that:
Any content uploaded or attempted to be uploaded to this Website is in adherence to our Terms described herein.
Any audiovisual content uploaded or attempted to be uploaded to this Website does not contain Illicit Material.
You reserve the right to and shall take any action it deems necessary in order to limit, prevent, remove, or otherwise moderate any content which infringes the provisions of this section and/or any other, applicable terms. You shall also ensure, to the extent possible, that you comply with the provisions of this section.
We have a zero-tolerance policy towards the solicitation, access, generation, distribution, or storage of any content that involves the depiction of children or features Class 1A Material in any capacity. All child sexual exploitation/abuse material that we identify or are made aware of will result in the immediate removal of the content in question as well as the immediate removal of its uploader from this Website. Without prejudice to all other rights reserved for action against the above (including account suspension, removal of infringing content etc.), we report all cases of apparent child sexual exploitation/abuse material to the National Center for Missing and Exploited Children.
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including commercial purposes, without our express written consent.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose. Specifically, you agree not to use this Website to:
violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users’ ability to use this Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
use this Website in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;
deploy programs, software or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
exceed your authorized access to any portion of this Website;
remove, delete, alter, circumvent, avoid or bypass any digital rights management technology;
modify without permission any part of this Website;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through this Website;
exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.
Additionally, you agree not to:
use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website, including their ability to engage in real time activities through this Website;
use any robot, spider or other automatic device, process or means to access this Website for any purpose, including monitoring or copying any of the material on this Website without our prior written consent;
use any manual process to monitor or copy any of the material on this Website or for any other unauthorized purpose without our prior written consent;
use any device, software or routine that interferes with the proper working of this Website;
introduce or upload any viruses, Trojan horses, worms, logic bombs. time bombs, cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of this Website or our services;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this Website, the server on which this Website is stored, or any server, computer or database connected to this Website;
attack this Website via a denial-of-service attack or a distributed denial-of-service attack;
otherwise attempt to interfere with the proper working of this Website.
This Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any content involves underage individuals, or any form of force, fraud, or coercion, we will remove the content and submit a report to the proper law enforcement authorities. If you become aware of any such content, you agree to report it to this Website by contacting [email protected] or clicking the Content Removal link at the footer of this Website.
We do not undertake to review content before it is posted on this Website and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
For any removal orders pursuant to Regulation (EU) 2021/784 (the "Terrorist Content Online Regulation" or "TCO"), designated competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by e-mail, which you may respond to with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in either English or Greek.
Thumbzilla respects the intellectual property of others and requires that you do the same. You may not email, transmit or otherwise make available any content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.
Thumbzilla operates a clear copyright policy in relation to any content alleged to infringe the copyright of a third party. Details of that policy can be found at https://www.thumbzilla.com/information/dmca. If you believe that any content violates your copyright, please see our copyright policy https://www.thumbzilla.com/information/dmca for instructions on sending us a notice of copyright infringement.
Thumbzilla is not in a position to mediate trademark disputes between trademark owners. Thumbzilla is willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement.
This Website does not permit any form of revenge porn, blackmail, or intimidation. Violations of this policy can be reported to us immediately.
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in the content are solely the opinions and the responsibility of the third party. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Notice http://www.thumbzilla.com/terms/privacy. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Thumbzilla allows others to display advertisements using this Website. These third parties use technology to deliver advertisements you see using this Website directly to your browser. In doing so, they may automatically receive your IP, or “Internet Protocol”, address. Others that place advertising using this Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of this Website. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or content may be provided through the Service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.
You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
link from your own or certain third-party websites to certain content on this Website;
send e-mails or other communications with certain content, or links to certain content, on this Website;
cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
cause this Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assumes no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 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 us. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Further, you agree to release us from any and all liability arising from your use of any third-party website, content, service, or software accessed through this Website.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through this Website, are solely between you and such third parties. You agree that Thumbzilla 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 on this Website.
Thumbzilla does not collect personally identifiable information (data such as your name, email address, password, and the content of your communications) unless you submit or communicate with us through this Website. Thumbzilla will not disclose any personally identifiable information if it collects or obtains such from you except: (i) as described in these Terms of Service or our Privacy Notice; (ii) after obtaining your permission to a specific use or disclosure; (iii) if Thumbzilla is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement); (iv) as required to protect Thumbzilla’s property, safety, or operations, or the property or safety of others; or (v) to a business that acquires Thumbzilla, or the assets of Thumbzilla in connection with which such information has been collected or used; or (vi) as otherwise required by law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Thumbzilla, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS SITE OPERATOR AND THEIR RESPECTICVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE.
WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE 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 OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES 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 POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
To the fullest extent allowed by law, Thumbzilla, its site operator, its parent corporation and their respective officers, directors, employees, and agents shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
delaying, rejecting, or removing any or all content at any time for any or no reason whatsoever with or without notice to you,
modifying or discontinuing temporarily or permanently, this Website (or any part thereof) with or without notice to you for any or no reason whatsoever,
immediately terminating your visit to this Website for any or no reason whatsoever and with or without notice to you,
the accuracy, usefulness or availability of any information posted to or through this Website,
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 posted, emailed, transmitted, or otherwise made available via this Website,
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
any unauthorized use of our secure servers and/or any and all personal information and/or financial information stored therein,
any interruption or cessation of transmission to or from our Website,
any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or
any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, or third-party websites, found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.
In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITE SHALL NOT BE LIABLE FOR CONTENT 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.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
These Terms of Service and the relationship between you and us shall be governed by the laws of Cyprus, as an agreement wholly performed, negotiated, and executed therein without regard to conflict of law rules. You agree that: (i) this Website shall be deemed solely based in Cyprus; and (ii) this Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said courts. You consent to service of process in any legal proceeding.
Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
Regardless of any statute or law to the contrary, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You shall notify us in writing within two (2) business days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise) and (ii) any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
This Website is operated by Aylo Freesites Ltd, 105-197 Old Nicosia-Limassol Rd., Block 1, Nicosia, Cyprus 2540.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to the relevant address found at: http://support.thumbzilla.com.
In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), [email protected] is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communications in English or Greek.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to view content.
No waiver of by Thumbzilla or it’s site operator of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thumbzilla or it’s site operator to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, our Privacy Notice, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to this Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Thumbzilla without restriction.
You acknowledge that the Website reserves the right to charge for its services and to change its fees from time to time in its discretion. Furthermore, in the event the Website terminates your rights to use the Website because of a breach of these Terms of Service, you shall not be entitled to the refund of any unused portion of subscription fees.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Thumbzilla’ representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Last Modified: August 5th, 2024
Aylo Freesites Ltd (hereinafter “we”, “us” or “our”) operates the website https://www.thumbzilla.com/ (hereinafter “Thumbzilla”) and is the controller of the information collected or provided via Thumbzilla.
Please read this Privacy Notice carefully, as your access to and use of Thumbzilla signifies that you have read and understand all terms within this Privacy Notice. We respect your privacy and are committed to protecting your personal data.
If you have any questions about our privacy practices, please see the section “Contact Information” below for information on how to contact us.
For the purposes of this Privacy Notice, “process”, “processed” or “processing” means any operation or set of operations performed on personal data or on sets of personal data (excluding disclosure thereof), whether by automated means, including one or several of the following operations: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, alignment or combination, restriction, erasure, or destruction. Information on disclosure of personal data or of sets of personal data may be found in the “Disclosure of Your Personal Information” section below.
This Privacy Notice applies to information we process:
on Thumbzilla; and
on your communications with Thumbzilla via email, online support chats, phoneline support or otherwise;
We may process different kinds of personal data about you:
Contact Data: We will only process your email address or any other information which you voluntarily provide to us at your direction for a specific function, namely, to participate in a contest or survey.
Online Forms and Communication Data: We process Contact Data and other information that you submit through online forms provided on Thumbzilla or information send to us via email, online support chats or such as information provided in the context of support requests or any other inquiries, the content reporting and moderation of content, and our internal complaint handling system.
Website activity data: We process information about how you use Thumbzilla, products and services and interact with content and advertisements, including the pages you visit and search history on Thumbzilla, and the referring web page from which you arrived on Thumbzilla from. We process browser and operating system information, devices you use to access Thumbzilla and your time zone setting. We also process online identifiers. Specifically, we process internet protocol (IP) address information and we set cookies as explained below in the section on Cookies and Automatic Data Processing Technologies.
Identifiers: Some users may be asked to provide identifiers (including government-issued photo identification as well as other documentation) to verify that they are over the age of majority required to have access to Thumbzilla and to view its contents. In such cases, this information is processed by trusted third party age verification service providers. This Privacy Notice does not apply to the privacy practices of these third-party age verification service providers. Read the privacy terms and conditions of these third party service providers carefully.
We may process your data to produce and share aggregated insights that do not directly or indirectly identify you and are not associated with you. Such aggregate information is not personal information.
Thumbzilla prohibits minors from using the platform. Thumbzilla is forbidden for persons under the age of 18 years old and the applicable age of majority in the jurisdiction from which Thumbzilla is accessed. As indicated throughout this Privacy Notice, some users may be asked to provide some information to us and our service providers for us to make sure that you are over the age of majority required to have access to the Thumbzilla. We do not knowingly process personal information from minors. If you are the parent or legal guardian of a minor who has provided us with personal information, then please contact us at [email protected] to have that minor’s personal information deleted.
We process personal information in the following ways:
Directly from you: We process the categories of information listed above directly from you.
Automated technologies or interactions: As explained in the section below on Cookies and Automatic Data Processing Technologies, we set cookies and other automatic techniques to process website activity data when you visit Thumbzilla.
We process personal information for the purposes described below.
Provision of services: We process identifiers, website activity data to present Thumbzilla and its contents to you, including any interactive features on Thumbzilla, to provide you with information and products or services that you request from us, to verify your eligibility and deliver prizes in connection with contests and sweepstakes.
Customization of content: We process identifiers and website activity data to analyze your use of, or interest in the content, products, or services, to display content and advertising tailored to your interests on Thumbzilla.
Communications and handling of requests: We process Online Forms and Communications Data and other information as necessary to respond to and resolve any of your requests, including where this is required to ensure compliance with our legal obligations.
Analytics: We process identifiers and website activity data to determine whether users of Thumbzilla are unique, or whether the same user is using Thumbzilla on multiple occasions, and to monitor aggregate metrics such as total number of visitors, pages viewed, demographic patterns.
Functionality and security: We may process any of the categories of data we process to diagnose or fix technology problems, to detect, prevent, and respond to actual or potential fraud, illegal activities, or intellectual property infringement.
Platform Safety: To promote safety and security on Thumbzilla. We use the information we collect to help protect Thumbzilla users from harm and provide safe, secure product.
Compliance: We may process any of the categories of data we process to enforce, this Privacy Notice, our terms and conditions and to comply with any legal obligations, namely but not limited to responding to your data subject requests, verify the age of some users having access to Thumbzilla, to respond to content reports, and to comply with applicable content moderation and complaint handling obligations.
To the extent required by applicable law, we rely on several lawful bases to use your data in these ways. This means we process your personal data only where:
You provide your consent to do so for a specific purpose: for example, when you allow us to show you personalized ads or to send you e-mail marketing. You may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any collection, use, processing, or disclosure that occurred prior to the withdrawal.
It is necessary to perform our contractual obligations as per our Terms of Service on Thumbzilla.
It is necessary to comply with legal obligations: for example, we may be required to collect, use, or disclose your information in connection with civil, criminal, corporate, taxation, regulatory matters, or litigation.
It satisfies a legitimate interest which is not overridden by your data protection interests: for example, to keep Thumbzilla safe and secure from fraud and illegal activities.
It is used to protect your or others’ vital interests: for example, in case of emergency or to prevent a crime or fraud.
It is used for tasks carried out in the public interest: for example, to combat unlawful behaviour where it is in the public interest to do so and where the public interest is laid down by applicable law.
Depending on the circumstances, we may rely on different legal bases when processing your same information for different purposes. If you reside outside the European Economic Area (“EEA”), Switzerland or the United Kingdom (“UK”), the legal bases on which we rely may differ from those listed above.
We disclose your personal information when necessary to perform the services or for other purposes set out in this Privacy Notice. When we disclose your personal information, we usually rely on the performance of our contract with you as per our Terms of Service, our legal obligation to do so, our legitimate interest (e.g., operating Thumbzilla), so long as it doesn’t outweigh your interests or your consent, except when expressly stated otherwise below in the paragraph “To comply with the law or protect our rights or the rights of third parties”. Disclosure of your personal information may also involve transfers of your personal information outside the EEA. To the extent that we need to transfer personal information outside the EEA, we will do so according to the section “Transfers of Your Personal Information to Other Countries” or when necessary for the performance of the services and obligations under the present Terms of Service. The parties to whom we may disclose your personal information include:
Third party service providers and/or employees: To provide our services to you, our employees and/or contractors may receive access to your personal data only on a need-to-know basis. Such employees and third-party service providers abide by confidentiality obligations.
Our corporate group: We may disclose any of the categories of personal information that we collect to members of our corporate group, to the extent this is necessary for the purposes described in this Privacy Notice and generally to operate our business, which includes: customer support, facilitate business development, provide IT, technical and engineering support. You acknowledge that in some cases, members of our corporate group might be established or operate outside the EEA.
Service providers: We disclose certain categories of personal information to third party service providers to assist us or perform certain services on our behalf. These third party service providers may have access or use your information only to perform these tasks on our behalf, such as risk and fraud detection and mitigation, customer service, advertising, analytics, security, hosting or supporting Thumbzilla functionality. These service providers may have limited access to personal information needed to perform their functions but are not permitted to process such information for any other purposes. Where required under applicable laws, we have entered into data processing agreements with such service providers to ensure that personal information is only processed securely within our instructions. You can view the list of our third-party service providers acting as our processors here.
Legal successors: We may disclose all categories of personal information we process to a buyer or other successor in the event of a merger, acquisition or sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Such transactions may be in our legitimate interest, particularly our interest in making decisions that enable our business to develop.
To comply with the law or protect our rights or the rights of third parties: We access, preserve and share personal information with regulators, public authorities, law enforcement, government agencies, out-of-court dispute settlement bodies or others where we reasonably believe such disclosure is needed to:
comply with applicable laws, regulations, court orders, government or public authority requests;
enforce applicable Terms of Service, including prevention of potential violations thereof;
detect, prevent, or otherwise address illegal or suspected illegal activities, security, or technical issues;
protect against harm to the rights, property or safety of our company, our users, our employees, or others; or
to maintain and protect the security and integrity of Thumbzilla or infrastructure. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose your information to third parties for the above purposes when necessary to comply with legal obligations, perform a task in the public interest (where the public interest is laid down by applicable law), or under our legitimate interests and the interests of the public, including as part of investigations or regulatory enquiries to detect, investigate and prosecute illegal activity.
As you navigate through and interact with Thumbzilla, we may use automatic data collection technologies to collect website activity data. The technologies we use for this automatic data collection include cookies and other similar technologies. Cookies are small text files that are stored in your web browser or downloaded to your device when you visit Thumbzilla. For more information on how we use cookies, please refer to our Cookie Notice, available here.
We strive to provide you with choices regarding the personal information you provide to us.
You can choose not to provide us with certain personal information, but that may result in you being unable to participate in a contest, promotion, survey, or sweepstakes, communicate with our support teams or initiate other activities on Thumbzilla.
The Cookie Banner can be utilized to customize your cookie preferences. The Cookie Banner will record when you have consented to our cookies. Your Cookie Banner selection will be kept only for the specific session. The Cookie Banner specifically controls the functionality, analytics, and advertising cookies set by using Thumbzilla. Strictly necessary cookies cannot be disabled, nor can the tool be used to block cookies on third party websites linked from our website. You can access the Cookie Banner anytime by clicking on the ‘Manage cookies’ option that is located at the footer of Thumbzilla.
Where we provide personalized services, we may analyze the information you supply, as well as your activity on Thumbzilla so that we can offer a more relevant, tailored service. For instance, we could use your videos you watched to provide personalized content recommendations or ads. If you do not want to receive these services, you can switch off the recommendations toggle on the “recommended” page or via the bar at the left of our page. For more information on how we use recommendations, please click here.
As of January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents (“Consumer(s)”) certain rights with respect to their personal information, as this term is defined under the CCPA. In addition to the rights that we state under this Privacy Notice, and subject to the exceptions found under the CCPA, Consumers have the right to:
• Opt-out of the sale of their personal information, should we sell their personal information;
• Be informed of certain information concerning our collection and use of their personal information;
• Request that we delete certain personal information we collected from them;
• Appoint an agent to exercise their rights provided for by the CCPA, provided that a duly executed notarized power of attorney is presented and provided that the agent has information deemed sufficient to allow us to verify the identity of the Consumer in question and to locate his/her information in our systems;
• Not be subjected to discrimination for the exercise of these rights. We will not deny California residents the use of our service, neither will we provide a different level or quality or services for exercising any of their CCPA rights, unless as permitted under the CCPA.
Thumbzilla does not sell, nor has it sold in the past twelve (12) months personal information to third parties for monetary or other valuable consideration. We may however disclose certain personal information with third parties, service providers and entities within our corporate group to enable them to perform certain services on our behalf, and namely to make Thumbzilla function properly, as further described in the section above titled Disclosure of Your Personal Information.
We respect California residents’ right to exclude personal information from such sharing arrangements and grant them the option to opt-out of any future sale of their personal information. If the CCPA is applicable to you and you would like to exercise your rights, please use the buttons at the bottom of this page or email us at [email protected] with the email subject line “CCPA Request”.
In either case you will need to provide the following information to verify your identity and enable us to locate your information in our systems: any information which we may reasonably request in order for us to verify your identity.
You can designate an agent to make a request by executing a notarized power of attorney to have that person act on your behalf and providing that person with the information listed above that allows us to verify your identity and locate your information. Alternatively, you will need to directly confirm your identity with us using the methods described above, sign an authorization for the agent to act on your behalf and provide us with confirmation that you have done so.
We do not sell, trade, or exchange your personal information with anyone for money.
The following information serves as a guideline for law enforcement officials seeking disclosure of records. You may serve us a valid court order, subpoena, search warrant or equivalent legal or official administrative document by respecting the following conditions:
The document(s) is uploaded, and all required fields have been filed out adequately on our platform for Legal Service Process located at: https://legalservice.aylo.com/legal/datarequest;
The document(s) you are serving is correctly issued to Aylo Freesites Ltd by a valid court of law or equivalent legal or administrative authority to us;
The document(s) is also sent by mail at the following address: 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540.
We reserve the right to refuse online service through Thumbzilla, namely in cases where the above requirements are not met and require formal legal service at the above address. In such an event, you will be notified. We may raise or waive any legal objection or right available, in our sole discretion.
We may share the information we collect globally, across our corporate group and with our service providers and other third parties. Transfers are necessary for a variety of reasons, including our operation and provision of the services stated in our Terms of Service and this Privacy Notice to fix, analyse, and improve our website, products and services. Whenever we transfer personal information to countries outside the EEA and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Notice, as permitted by the applicable laws and based on appropriate mechanisms.
Where applicable, we rely on decisions of the European Commission, known as “adequacy decisions,” recognising that certain countries offer a level of protection of personal data that is essentially equivalent to the EEA.
In other situations, we rely on standard contractual clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK, where appropriate) or on derogations provided for under the applicable law to transfer information to a third country.
For more information or to obtain a copy of our standard contractual clauses, please see the section “Contact Information” below on how to contact us.
We will only retain your personal information for as long as your account is active, or for as long as necessary to fulfil the purposes we processed it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider several factors, including what personal data we are processing, the risk of harm from any unauthorized disclosure, why we are processing your personal data and whether we can achieve this outcome by another means without having to process it.
Where we no longer need to process your personal information for the purposes set out in this Privacy Notice, we will delete it from our systems.
For more information on data retention periods, please see the section “Contact Information” below on how to contact us.
Where permissible, we will also delete your personal information upon your request as explained above in the section “Your Rights Related to Your Personal Information”.
If you click on a link to a third-party website, you will be taken to websites we do not control. This Privacy Notice does not apply to the privacy practices of these websites. Read the Privacy Notice of other websites carefully. We are not responsible for these third-party practices.
We may modify or revise our Privacy Notice from time to time. We may attempt to notify you of any material changes as required by law. Please also periodically review the most up-to-date version of our Privacy Notice, which will be posted at this location, so you are aware of any changes, the date of change will be reflected in the “last modified date” mention.
If you have any questions about this Privacy Notice or our information-handling practices, please contact us at [email protected].
You may also contact us at 195-197 Old Nicosia-Limassol Road, Block 1 Dali Industrial Zone, Cyprus 2540, Phone: +357 22662 320, Fax: +357 22343 282.
Our Data Protection Officer can be contacted at the following email address: [email protected].
Subject to local law and applicable legal requirements and exemptions, you have certain rights regarding your personal data:
Right of access: you have the right to receive information on the personal data we hold about you and how such personal data is used, as well as a copy of your personal data;
Right to rectification: you have the right to rectify inaccurate personal data concerning you;
Right to be forgotten: you have the right to delete/erase your personal data;
Right to data portability: you have the right to receive the personal data provided by you in a structured, commonly used, and machine-readable format and to transmit this personal data to another data controller;
Right to object: you have the right to object to the use of your personal data where such use is based on our legitimate interests or on public interests;
Right to restriction of processing: you have the right in some cases, to restrict our use of your personal data; and
Right to file a complaint: If you are in the EEA or the UK, you also have a right to file a complaint with your local data protection authority.
If we ask for your consent to process your personal data, you have the right to withdraw your consent at any time with effect for the future. Note that, in that case, you may no longer able to use several functionalities on Thumbzilla or access Thumbzilla in some cases.
You can exercise your rights by sending us an e-mail at [email protected]. Please note that we have one month to respond to your request.
Prior to processing an access or deletion request of your data, we will need to verify your identity and ensure your right to access or delete the information. This is an appropriate and reasonable security measure to ensure that personal data is not disclosed to any person who has no right to receive it or deleted in an unauthorized way.
Please note that in some cases, we may not have sufficient information to identify you and therefore may not be able to satisfy your request. Additionally, in some cases, to adequately verify your identity or your authorization to make the request, we may require you to provide additional information.
Last Modified: August 17, 2023
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”) 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, terminating the user’s access to www.thumbzilla.com (“Thumbzilla”), or all of the foregoing.
If you believe any material accessible on Thumbzilla 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.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
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.
You may notify Thumbzilla of alleged copyright infringement via our form found at DMCA Takedown Form. This form is designed to help you identify your content accurately and help speed up the process of content take-down.
We also accept free-form copyright infringement notifications. In that case, in accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially 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 video you believe infringes your rights, we may be unable to locate and remove it. General information about the video, such as a channel URL or username, is typically not adequate. Please include the URL(s) of the exact video(s).
Adequate information by which we, and the uploader(s) of any video(s) 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:
Lawrence G. Walters
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Email: [email protected]
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.
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 Thumbzilla is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The copyright owner’s name will be published on Thumbzilla in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.
If you have received a DMCA Notice and believe that material you posted on Thumbzilla 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 video’s original uploader, or an agent authorized to act on their behalf.
Counter-notices must be sent to our designated agent:
Lawrence G. Walters
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Email: [email protected]
Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices is expressly disclaimed.
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 Thumbzilla 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-Notices that do not meet the requirements set out 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 ten (10) business days but no later than fourteen (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 Thumbzilla 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 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 Thumbzilla, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We use MediaWise®, an automated audiovisual identification system, to assist us in identifying and blocking potentially infringing content from being uploaded by users. Videos uploaded to Thumbzilla are compared against a database of digital fingerprints. When a video is matched to a digital fingerprint, access to it is disabled. If you are interested in having your content digitally fingerprinted by the provider of the automated audiovisual identification system we use, please contact Vobile Customer Support.
Your request has been submitted, thank you.
The operator of Thumbzilla is not the producer (whether primary or secondary as defined in 18 U.S.C. § 2257) of any of the content found on Thumbzilla. The operator’s activities, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the website under the user's control.
Please direct any request you may have regarding §2257 records in relation to any content found on Thumbzilla, directly to the respective uploader, amateur, producer, studio or account holder of the content (“Verified Uploaders”).
For further assistance in communicating with the Verified Uploaders or any questions regarding this notice, please contact Thumbzilla’s compliance department at [email protected].
Thumbzilla abides by the following strict compliance procedures regarding uploaded content:
All Verified Uploaders must be over eighteen (18) years of age (or age required by their State, jurisdiction or Country if more than 18 years old) and are personally identified and verified by Thumbzilla at account activation prior to being able to upload, share and sell content on Thumbzilla;
Prior to uploads, Thumbzilla ensures that all Verified Uploaders, provide evidence or certify that:
all individuals appearing in the content are over the age of 18 years old (or minimal age required to appear in such content by their State, jurisdiction or Country if more than 18 years old); that they freely consented to appear in the content at the time of its production and agree to its upload on Thumbzilla;
as producer of said content, the Verified Uploader certifies being compliant with record keeping requirements under U.S.C. § 2257 for all content uploaded on Thumbzilla, and agrees to deliver such documentation promptly upon request;
the uploaded content does not violate Thumbzilla’s Terms of Service, and any of its related policies namely but without limitation, its Child Sexual Abuse Material Policy, or Non-Consensual Content Policy.
As of August 1, 2024, Thumbzilla has 0 average monthly recipients of the service in the European Union, calculated as an average over the period of the past six months.
For inquiries, requests and complaints related to the Digital Services Act, please contact us at [email protected]
If your request is not related to the Digital Services Act, please do not use this email address to communicate with us but rather: for general inquiries use [email protected]. For messages relating to your data and privacy inquiries, use [email protected] or visit our privacy policy at https://www.thumbzilla.com/information#privacy for further information.
Last Modified: March 11, 2024
At Thumbzilla, your user experience is important to us.
Given the nature of our services, this means we want to get tailored content, like videos, photos, and GIFs, to you while respecting your privacy, safety, and the laws and regulations in your jurisdiction. To do this, we’ve developed methods that give you what you want while keeping you safe and within the legal parameters of where you live. If you want safety and privacy specifics, check out our Terms & Conditions, CSAM Policy, Non-Consensual Content Policy, Privacy Policy, and EU DSA pages.
Here’s a look at how we deliver a top-notch user experience to you:
To deliver content and ads that suit your preferences, we offer different recommendation options for you to explore:
Hot, hottest, and featured videos
On our HOME page and in the Hottest section, you can browse the hottest porn. These videos are featured by an algorithm for their high quality.
To feature videos, we consider per country, the video’s views, ratings, comments, favorite markings, and total time watched.
To sort these featured videos, we use the same factors as above, together with the time we featured the video. You can also sort chronologically by the time we featured the videos by selecting Featured Recently, where applicable.
Hot, hottest, and featured videos may differ by country. On the Hottest page, you can switch countries in the Country drop-down menu.
Recommended
We provide videos that could be interesting for you on a dedicated page.
Our recommendations are based on metadata of the videos you watched, how you interacted with these videos, and popular videos in your region based on views, ratings, comments, favoriting, and total time watched.
You can sort chronologically by most recent recommendations, as well as by relevance to you, which we determine based on the factors described above.
If you prefer non-personalized recommendations, we offer these as hot videos on the help page, as described above.
Shorties
Shorties is a scroll-based experience on our platform and promotes vertically filmed videos. We consider the video’s views, upload date, likes, and dislikes to select the most interesting videos.
Related content
On the video and GIF pages, we show related content. To determine the content you may find most relevant, we consider the metadata of the videos you watched, how you interacted with these videos, and popular videos in your region based on views, ratings, comments, favorite markings, and total time watched.
Random
Let us surprise you. We provide content that we selected randomly.
Trending searches
We display trending searches based on the frequency of recent searches by other users in the same country as you.
TrafficJunky ads
Where we deliver dynamic advertising, we use the following factors to identify advertisements that we believe may be most relevant to you:
Geographic location,
Date and time,
Context the ad is placed in,
Demographics,
Previous interactions with ads or content,
Operating system,
Browser settings (model, version, and language),
Internet connection, that is, IP range, internet service provider, connection type, and region.
If you deactivate Targeting/Advertising Cookies, we do not use demographics or previous interactions with ads or content to find the most relevant advertising for you.
Targeting/Advertising Cookies can be switched off at any time by going to the footer of the website and choosing Manage Cookies.
We want to make sure that you always see the content that you enjoy most. To enhance your user experience, we provide a variety of sorting options for you to choose from.
Where available, you can switch options in the upper right corner. Sorting can be based on how we recommend relevant content and on the following options, where applicable:
Homepage sorting: Content on the homepage (HOME) is sorted based on the collective behavior of users to show videos that were watched and enjoyed. We also account for if you liked or watched a video, and what’s the hottest and trending content. If you don't want recommendations based on your viewed content, you can turn Personalized Recommendations off on the hamburger menu.
Most recent and newest: Content is sorted by publication date.
Most viewed: Content is sorted by number of views. Where applicable, you can customize the relevant time frame and country for the views.
Top rated: Content is sorted by the number of likes and dislikes. Where applicable, you can customize the relevant time frame for the ratings.
Longest: Videos are sorted by length.
A-Z or alphabetical: Content is sorted by name or title.
Most subscribed: Content is sorted by number of subscriptions.
Number of videos: Content is sorted by number of attributable videos.
Most popular:
Categories and Channels: Content is sorted by number of views. Where applicable, you can customize the relevant time frame and country for the views.
Pornstars, Models, and Community: To determine the most popular content creators, we consider views, the number of times the pornstar or model is searched, and subscriptions.
Top trending or trending:
Pornstars and Models: To determine the top trending content creators, we consider the popularity of a creator’s content within a specific time period.
Most relevant: Most relevant content is shown based on keyword search results, such as matching tags, model and pornstar names, titles of content, and categories to the search entry. We also show newer content first, specifically content with more engagement.
On the homepage for Thumbzilla, you can select the Hamburger menu icon, and you can turn on or off Personalized Recommendations. If you turn off this feature, the videos you watched and how you interacted with these videos don’t influence any content recommendations we show you.
Last updated: August 8, 2024
Below is a list of our key processors, the purposes for which we use their services and their location:
Processor name |
Purpose |
Location |
|---|---|---|
51 Degrees |
Device Detection |
United Kingdom |
Amazon Web Services |
Providing hosting solutions |
United States |
AppOptics (Solarwinds) |
Maintenance and performance measurement for internal apps |
United States |
Bugcrowd Inc. |
Reporting bugs and vulnerabilities on our websites |
United States |
Delight VR |
Offer certain videos in virtual reality. |
Germany |
DNS Made Easy |
DNS Provider |
United States |
Google Analytics |
Web analytics service |
United States |
Google Cloud |
Providing hosting solutions and captcha service |
United States |
Hotjar |
Tracking UX interaction with product |
Malta |
Maxmind |
GeoIP and fraud detection |
United States |
Reflected Networks |
Providing hosting solutions /CDN |
United States |
Zendesk, Inc |
Customer support tool |
United States |
Last Modified: October, 31 2024
This Cookie Notice applies for cookies and other similar technologies which may be placed when you visit different pages on https://www.thumbzilla.com (the “Website”) which is operated by Aylo Freesites Ltd (hereinafter “we” or “us”). In this Cookie Notice we explain what cookies are, how we use them and how you can manage them.
A cookie is a small piece of data that, when browsing a website, will ask your browser to collect and store on your computer or internet-compatible end user devices for example, smartphones and tablets (collectively “Computer”) in order to remember information about you, such as your language preference, online activity, or login credentials (collectively “cookies”).
First and Third-Party Cookies. The cookies set by us are called first party cookies. We also use third-party cookies, which are cookies from a domain different than our Website. Both types of cookies are text files made up of bits of information that websites use to collect your user data. First-party cookies are mostly used to improve your user experience by remembering user preferences and settings, also used to store information, such as usernames, passwords, and language preferences. Third-party cookies track your browsing history and activities so that we can show you targeted or personalized ads and marketing related to our content, products, and services.
Session and Persistent Cookies. Cookies can be either session cookies or persistent cookies. A session cookie expires automatically when you quit your browser. A persistent cookie will be saved on your Computer until it expires, or until you delete your cookies. Each cookie has a different expiration date; some may expire after a few minutes while others after some years.
Local storage enables our Website to store information locally on your device. Local storage can be used to maintain preferences, a history of usage, or even the state or settings of a site or an app. Local storage may be used to improve your experience with our Website for example, by enabling features, remembering your preferences, and improving our Website’s functionality.
The main difference between Cookies and Local storage is how they function, cookies are sent to the webserver with your requests while Local storage can only be read by your browser.
We use cookies to make our Website work or to track what you've done on the Website so we can understand what you like in order to provide an enjoyable, customised experience. We also use cookies to help us develop and deliver better content, products and services tailored to your interests.
These are cookies necessary for the functioning of the Website and cannot be switched off in our systems as they enable core website functionality They are used to carry out the transmission of a communication (e.g. Load balancing cookies), provide you with the requested services or are set in response to actions made by you, such as setting your privacy preferences (UI customization cookies).
Cookie Name |
Purpose |
Cookie Domain |
Duration |
platform |
Is used for website to load the correct template for the user’s device |
thumbzilla.com |
7 days |
platform_forced |
Is used for website to load the correct template for the user’s device as selected by the user |
pornhub.com |
7 days |
accessAgeDisclaimerTZ |
Saves the users' age disclaimer selection |
thumbzilla.com |
1 year |
accessPH |
Saves the users' age disclaimer selection for Utah users |
pornhub.com |
1 year |
flag_limit_timeout |
Allows the user to flag content |
pornhub.com |
3 days |
| popShown , prerollShown |
Used to limit the rate of advertisements you see during your session |
pornhub.com | Session |
cookieConsent |
Stores user's cookie consent selection |
thumbzilla.com |
1 year |
cookiesBanner |
Shows the cookie banner to the user |
thumbzilla.com |
7 days |
cookieBannerState |
Is used to hide short banner version when user closes it till the next session. | pornhub.com | 1 year |
| ss |
Session id used for unauthenticated users. It’s used for counting views, authentication and counting users online |
thumbzilla.com | 1 year |
| comp_* | Provides user with option of essential or nonessential cookies and the option to select via the cookie banner | thumbzilla.com | 30 days |
You can set your browser to block these cookies, but that will cause some parts of the Website to not work.
These cookies are set to implement additional functionalities or to enhance features and website performance. These cookies help us personalize and enhance your online experience on the Website. This type of cookies also allows us to recognize you when you return to the Website and to remember your choices.
Cookie Name |
Purpose |
Cookie Domain |
Duration |
videoRated |
Stores the last 10 videos rated by the user |
pornhub.com |
Session |
| fg_* | It is used for roll out a new feature to users | pornhub.com |
30 days |
| greetingMsg | Show/hide welcome banner on the home page | .thumbzilla.com | Session |
| vlc | Save user likes when it is logged out, so when login the liked videos will be saved, and user will have access to these videos in liked videos history. | thumbzilla.com | 1 year |
These cookies enable us to make the Website more relevant to your interests and to help us serve ads that might be of interest to you. The Website and our advertising partners set these cookies to provide behavioural advertising and define the number of ads that will be displayed to you. Collected data can be any type of browsing information necessary to understand your browsing habits.
If you choose to disable this type of cookies, you will still see advertisements, but they will be less relevant and will not be tailored to your interests.
Cookie Name |
Purpose |
Cookie Domain |
Duration |
bs |
Provide tailored recommendations and searches to users |
thumbzilla.com |
1 year |
htjf-mobile |
This cookie is used to Hide the ad at the footer of the page when user reached a certain number of pageviews |
pornhub.com |
1 year |
ua |
Sets a unique ID for the visitor, that allows third party advertisers to target the visitor with relevant advertisement |
thumbzilla.com |
1 day |
bsdd |
Provide tailored recommendations and searches to users |
thumbzilla.com |
1 year |
| sessid | This cookie send the session id to Traffic Junkie | thumbzilla.com | 1 year |
| hideRecommendations | Is used to hide recommended videos if the user requested it | thumbzilla.com | 31 days |
| tj_UUID | Are used to serve ads to the Users. | thumbzilla.com | 30 days |
| tj_UUID_v2 | Are used to serve ads to the Users. | thumbzilla.com | 30 days |
These cookies allow us to recognize and count the number of users and to see how users use and explore the Website, for example they allow us to carry out statistical analysis of page use, interactions, and paths a user takes through the Website to improve the performance of our Website. This is known as ‘digital analytics,’ where this information allows us to know what content on our Website is the most and least popular. Additionally, we use third party session recording technologies that help us better understand our users’ experience, however, the recording data is pseudonymized.
Cookie Name |
Purpose |
Cookie Domain |
Duration |
_ga |
Is set by Google Analytics and is used to distinguish unique users by assigning a randomly generated number as a client identifier |
thumbzilla.com |
2 years |
_gid |
Is set by Google Analytics and is used to distinguish unique users by assigning a randomly generated number as a client identifier |
thumbzilla.com |
1 day |
| _ga_ * | Is a specialized type of tracking software tool created by Google Analytics. It’s designed to help website owners measure and analyse how users interact with their site content | thumbzilla.com | 14 months |
Third party cookies originate from a domain different to the Website. For example, when you visit the Website, some content or applications, including advertisements, may link to a third-party website.
These third parties may set cookies on your computer to collect information about you, such as your IP address or location, when you click to view, access, or use any of their features on the Website. Unless expressly stated otherwise, we do not share any personal information with these third parties or control how these third parties use their cookies, so we suggest you check their website to see how they're using them and how you can manage them. You can set your browser to refuse all third-party cookies, or to alert you when cookies are being sent. Our systems do not recognize browser “Do Not Track” signals.
We use Google as a service provider to collect and analyse information about how users use the Website, including by collecting website activity data through first-party cookies set by our domains, and third-party cookies set by Google. Because we activated IP anonymization for Google Analytics, Google will anonymize the last octet of a particular IP address and will not store your full IP address. Google will use the information only to provide Google Analytics services to us and will not use this information for other purposes. In addition, Pornhub uses Google Signals, which are also services provided by Google that help us to run remarketing campaigns, collect more accurate data, and understand in a better way how users engage with Pornhub on different devices (cross-device activity). Google Signals apply to Google users who accept personalized advertising on their Google accounts.
You can learn more on how Google uses data here. You can opt-out of Google Analytics by visiting the Google Analytics opt-out page or by accepting only essential cookies.
To view an overview of your Google Analytics cookie please go here:
https://support.google.com/analytics/answer/6004245.
Name |
Purpose |
Used |
Type |
mgp_player |
Are used to hold information about the media player of the website |
First Party |
Essential |
enableStorage |
Detects if Local Storage works in browser |
First Party |
Essential |
returnId |
Are used when the user navigates though information pages (e.g. Privacy Notice, DMCA) |
First Party |
Non-Essential |
returnUrl |
Are used when the user navigates though information pages (e.g. Privacy Notice, DMCA) |
First Party |
Non-Essential |
isReloaded |
Are used when the user navigates though information pages (e.g. Privacy Notice, DMCA) |
First Party |
Non-Essential |
videoVote |
Is used on Mobile devices for modifying video's state of likes/dislikes when a user votes |
First Party |
Non-Essential |
activeQuality |
Enables video's quality button functionality |
First Party |
Non-Essential |
mgp_player* |
Are used to hold information about the media player of the website |
First Party |
Essential |
Cookie Banner
You can use our cookie banner to accept all cookies or choose to accept only essential cookies. The cookie banner will record when and in which cookies you have consented to. Your cookie banner selection will be saved only during each specific session.
Manage Cookies Option
Analytics, Functional and Targeting cookies can be switched on or off at any time by accessing the 'Manage Cookies' option located at the footer of the Website. However, if you choose not to accept these cookies, some functionalities of the Website may be disabled or your access to certain parts of the Website might be interrupted.
Browser Settings
You can set your browser to automatically accept all cookies (usually this set as default), to alert you when cookies are being used or not to allow the use of cookies. To manage and disable cookies through your browser, follow the instructions usually located within the “Help,” “Tools” or “Edit” menus in your browser. You can also delete Local Storage from your browser at any time you like by visiting your web browser settings.
Thumbzilla is rated with an RTA label. Parents, you can easily block access to this site. Please read this page https://www.rtalabel.org/index.php?content=parents for more information.
At Thumbzilla, we are dedicated to making our platform accessible to all. We encourage you to share your comments and feedback about the accessibility of our sites. This feedback should include any challenges you may have encountered during your visit.
Your input will help us improve our sites and provide an experience with accessibility in mind.
You can provide feedback using one of the options below:
We will acknowledge receipt of all feedback, except for those submitted anonymously. Any personal information submitted remains confidential.
The collection of all accessibility feedback is overseen by the Director of Trust & Safety Operations.
Chez Thumbzilla, nous nous engageons à rendre notre plateforme accessible à tous. Nous vous encourageons à partager vos commentaires et remarques sur l’accessibilité de notre site et à y inclure tous les obstacles encourus lors de votre navigation sur nos plateformes web.
Votre contribution nous aidera à améliorer nos sites et à offrir une expérience axée sur l’accessibilité.
Vous pouvez fournir des commentaires en utilisant l’une des options ci-dessous :
Nous accuserons réception de tous les commentaires, à l’exception de ceux soumis de manière anonyme. Toute information personnelle soumise reste confidentielle.
La collecte de tous les commentaires sur l’accessibilité est supervisée par le directeur des opérations de confiance et de sécurité.
Information for Australian users
Note: This information is for Australian Users only.
The role of the eSafety Commissioner
The eSafety Commissioner (eSafety) is Australia’s independent regulator for online safety and helps Australians have safer, more positive online experiences in accordance with the Online Safety Act 2021.
eSafety’s remit includes administering regulatory schemes, mandatory industry codes, the Basic Online Safety Expectations, educational and promotional content, and programs relevant to online safety, in addition to coordinating activities of Commonwealth Departments, authorities and agencies relating to online safety for Australians.
As part of the Online Safety Act 2021, the eSafety Commissioner is an independent statutory office holder supported by the Australian Communications and Media Authority.
You can find further details on eSafety’s role and function in their published overview, in addition to the eSafety Commissioner’s website.
Class 1A and Class 1B material
Class 1A and 1B material as described in The Online Safety Act can be summarised as follows:
Class 1A: Child sexual exploitation, pro-terror, and extreme crime and violence material.
Class 1B: Crime and violence, and drug-related material.
Reporting Class 1A or Class 1B material
To report Class 1A or 1B material, please do so via our Content Removal Request form.
If you are not satisfied with the outcome or handling of your complaint, you can escalate it for further investigation by responding to the email you receive from our support team.
Making a complaint about our compliance with the Industry Codes
If you wish to make a complaint about any aspect of our compliance with the Industry Codes, please do so by emailing [email protected], including as much information as possible to allow us to investigate your complaint.
Unresolved complaints
If you are still dissatisfied with the outcome or handling of your report regarding Class 1A or 1B material, or your complaint regarding our compliance with the Industry Codes, please inform us by emailing [email protected] and we will refer your complaint to the eSafety Commissioner.
If you wish to make a complaint directly to the eSafety Commissioner, you may do so via the eSafety Commissioner's website.