I am new to all this, I know very little My questions are the following: 1) I might be buying a pre-made xxx tube site, the site that I am interested in buying has a software that every couple of hours it searches all the major tube sites and embeds the latest videos onto my site, is this legal ? see what I am worried about is eventually over time my site will have thousands of embedded videos from other Major porn sites, if my site takes off and i manage to build tons of traffic, will I suddenly have an issue from one of the major tube sites that I have embedded videos from? 2 ) I am i responsible for the embedded videos on my site? See i do not have a member section to upload or embed videos, the site does it on its own, so I can't point the finger at another person for a video that goes up, seeing as I am only embedding it and Not hosting it on my server, i am not responsible, i do not have to have any proof of be able to use the video? 3) Most tube sites do Not have a 18 + disclaimer that users have to click on prior to going into the site? why is this? what do I legally have to do to protect myself from minors going onto my site? What can I do to protect myself from Not being responsible for the materials in the embedded videos on my site??? 4) I notice tons of pre-made tube scripts have the script company name at the bottom of the site opposed to my company name? should I not have my own company name listed at the bottom of my site? 5) disclaimers, terms and conditions , etc can someone provide me with a good template to use and make my own? I want to make sure I am 100% legally protected. I notice a lot of tube sites do not even add that at the bottom why is this? I think I should have terms and conditions, disclaimers etc 6) when purchasing a site from someone, what steps should I take to make sure I don't get scammed? How do I make sure once I do own the site the previous owner does Not have access to it? 7) lastly, what is the best adult sever company for me to go with, a company that offers a flat fee no matter how much traffic or videos your site gets over the month / year. I have heard horror stories about people getting bills for thousands of dollars from the sever provider because of their traffic spike, i don't want the stress of this. Again, I am new to all this, please talk is simple terms Not tech terms, any and all advice you can offer to a newbie is Greatly appreciated.. Thank you for your time, Extensive
1) More than likely yes, and they can sue for all profits earned, as well as any losses you may have caused them. 2) It is your site, yes, you are ultimately responsible.' 3) US Law requires one of those, I believe, better safe than sorry, you could be prosecuted. You can protect yourself by checking every time it runs, or by taking the script off. 4) If you really want to use the script, I advise to leave it on, it MAY protect you. 5) I know your required to keep records of all porn acters/actresses you have on your site, as well as providing notice that they are all over 18. How often is it enforced? Who knows, however, you don't want your site to get looked at for Child pornography. I work for the Army Criminal Investigation Command, we conduct all felony level investigations for the US Army, one that we get a lot is child pornography, you don't want to get caught up in that area. Distribution of CP is a SERIOUS offense, not only that, you will be unable to get a job after your prison sentence is up, as you will be a registered sex offender and convicted felon. You will also loose some basic rights as an American (vote, bear arms, a couple others) 6) I've never sold my site or bought one from someone, if they live in your state, I recommend an actual written document and face to face meet, if not, there are tons of 3rd party services for you. Pay Pal is good from what I hear, as you can dispute any payments made through them if you don't receive what you purchased. The easiest way to make sure the old owner doesn't have access to the site is to move all the files to a different host, but if thats too much for you, or you can't find one you would rather have, have the name and password changed for login, usually just submit a ticket to the host and they'll get it set up. 7) Have you done a google search for webhosting companys that allow adult sites? Or something to that affect? Before you purchase go over the hosts TOS and the package they are offering, and make sure your good with that. If your not offering any paid sections, what are you going to do to make the money to host the site? Ads? Also, look over anything they say they will bill you for, from my experience with hosts (granted none of mine have allowed adult sites) most will just suspend your site for the rest of the month or until you purchase more bandwidth/server space, if you go over your limit.
I don't know which tube script you are talking about but most major adult tube sites allow you to embed their videos and actively encourage it, as they usually place ads or links in the video that work to their benefit. You get the free content and they get some more exposure in return. It's a great trade for you because you can run your tube site without worrying about the bandwidth This means you're not even hosting the adult material, which I believe means you're not responsible for it. This is just my opinion, and if you want to be really sure then get some real legal advice from someone who has worked on similar things before and can give you the right information regarding these things based on the laws where you live.