Pornxs.com Terms-of-Use Agreement
Created: May 15, 2015
Last Updated: May 15, 2015
This Website provides users with access to pornographic content submitted by other users, including graphic depictions of nudity and sexual conduct, as well as the ability to submit your own pornographic content subject to these terms. You may access most of the content on this Website without registering or purchasing a premium membership. Certain features on this Website may only be available to registered users, however. Registration is free so please register and take full advantage of all the Website has to offer. The Website may also offer access to certain premium content for a fee, which will require you to sign up and pay for a premium membership.
We are not responsible for anything that you post or say while you are on the Website and we do not monitor the content of the Website, but if we do see or someone tells us that you have posted something that we think is inappropriate then we are allowed to remove it. If you post content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the “last updated” date stated on the top of this webpage. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should periodically check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not accept the changes, please cancel your account and stop accessing the Website.
Occasionally, we may offer you specialty content subject to additional terms and a separate fee. You have no obligation to purchase access to this specialty content. If you choose to purchase access to it, you will have an opportunity to review and accept any additional terms specific to the specialty content before you complete your purchase.
If you have any questions about these terms, or any comments, complaints, or support related issues, please email us at [email protected] and we will try to get back to you by the end of the next business day.
Adult Entertainment; Eligibility; and Certifications
The Website offers user generated content that is pornographic in nature and that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This Website allows for uploading, sharing, and general viewing of pornographic content, including sexually explicit images and videos. All users may access public areas of the Website, including the ability to view pictures and stream videos without registering or purchasing a premium membership. You may have to register to gain access to features like submitting your own content and communicating with other users.
This Website contains pornographic content suitable for adults who have reached the age of majority in their respective communities. We do not intend anyone under 18-years old or the age of majority in their community to access this Website. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you are under the age of majority in your jurisdiction, you may not access this Website.
Section 230(d) Notice: Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. Information about providers of these protections may be found on the Internet by searching “parental control protection” or similar terms.
By accessing the Website, registering, or purchasing a premium membership, you certify to us that:
You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
If purchasing a premium membership, you own (or have permission to use) the credit card you signed up with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the membership you chose, which may include automatically recurring charges on a month-to-month basis until canceled;
You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature;
You are familiar with your jurisdiction’s laws affecting your right to access pornographic materials;
You have the legal right to access pornographic materials and we have the legal right to transmit them to you;
You are voluntarily requesting pornographic materials for your own private enjoyment;
You will not share these materials with a minor or otherwise make them available to a minor; and
By logging on, you will have released and discharged the providers, owners, and creators of this Website from all liability that might arise.
Child Pornography Prohibited
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct found on the Website were 18-years old or older at the time of the creation of the depictions. The Website contains no child pornography. We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
Ownership of Content; Limited License
We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Website and its content.
We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By “access,” we mean visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
You may only access the Website for your personal, noncommercial use unless you obtain our advance written consent. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental except as provided in section 4.4 for distribution through the embeddable player. Nor will you make any content available on any peer-to-peer network, file sharing service, or other system for sending information to others. You will not access the content through any technology or means other than the video playback webpages on the Website itself, the embeddable player, or other explicitly authorized means we may designate. You will comply with all applicable laws when accessing the Website. We may change, limit, or revoke the license granted in section 4.2 if you fail to comply with these terms.
Prohibited commercial use of the content does not include showing content through the embeddable player on an ad-enabled blog or website, subject to the requirement that you obtain our advance written consent before using the content for any of the following commercial uses:
The sale of access to the content;
The sale of advertising, sponsorships, or promotions placed on or within the content; or
The sale of advertising, sponsorships, or promotions on any webpage of an ad-enabled blog or website containing content delivered through the Website, unless other material not obtained from the Website appears on the same page and is of enough value to be the basis for the sales.
Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you download or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content.
The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to Ristorian Limited, and trademark laws in the United States and other countries, and international laws and treaties, protect them. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by Ristorian Limited or with Ristorian Limited. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to Ristorian Limited and its licensors, without advanced written permission from Ristorian Limited or the third party who may own the mark.
You will not reproduce, imitate, or use the Website’s marks in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of Ristorian Limited’s rights or the rights of third parties.
We neither endorse nor recommend the owner of any marks we display on the Website. In addition, our use of marks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
As a convenience to you, we may provide on this Website links to websites owned or operated by other entities that are independent from us. These linked websites may contain content that some people may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not support, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations about, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or may use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website may use any mark or copyright symbol that belongs to us.
Except for links to information authored by us, we are neither responsible nor liable for (1) any linked website; (2) any information or content found on any linked website; or (3) any websites linked to or from any linked website. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website, including embedded or third-party feeds from cam websites. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own risk. We may stop linking to any linked website at any time without notice. Please contact the webmasters of any linked websites about any information, goods, or services appearing on them.
Registration; Premium Membership
Registration. To fully access the Website, you may have to register or purchase a premium membership. Registration is free unless purchasing a premium membership. On registering or purchasing a premium membership, you will receive a unique username and password. You must keep your username and password confidential. Your username and password are for your personal use only. You will not share them with any other person. We will hold you responsible for all activity initiated under your username and password. For example, if you allow another person to use your username and password, we will hold you responsible for any charges they incur. You will not allow anyone under 18-years old or the age of majority where you live, whichever is older, to use your username or password or access the Website. If we discover that you have done this, we may cancel your access to the Website without advanced notice. Please contact us immediately if you know or suspect that someone is using your username or password without your authorization. You will need to give us all information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
Trial Period–Fee Conversion. We may allow you to access certain premium areas of the Website for a limited trial period for a reduced fee. For example, we might give you limited access to premium content for a few days for a few dollars. You may cancel before the end of the trial period. If you sign up for a trial period at a reduced rate, we will automatically convert you to a regular monthly membership at the monthly membership fee (which we will tell you about at signup) unless you affirmatively cancel your membership before the end of the trial period. You can cancel your trial membership by contacting the payment-processing agent that you signed up through or by email as described in section 9.1. Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card, but the applicable monthly membership charge may be reserved against your available credit card limit. You will not hold us responsible for bank charges, fees, or penalties because of overdrawn or delinquent accounts. Please contact your credit card issuer for details. Prepaid gift and debit cards that cannot be preauthorized for the full applicable monthly rate may be charged incrementally. This means that multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle. But the aggregate of these incremental charges will not exceed the full applicable monthly rate.
Membership Fee; Recurring Memberships. When you become a premium member, we will charge you the membership fee stated on the join webpage of the Website for the specific period you choose (e.g., 30 days, 12 months, etc.). For your convenience, 30-day memberships will automatically renew on expiration at the same price unless you cancel your membership before expiration of your current membership period. Paying your membership fee entitles you to access the entire Website and its content—except specialty content where we may ask you to pay an additional access or download fee. The membership fee starts with the amount stated as the full membership fee when you signed-up to join the Website and not the fee for any trial period you purchased. The membership fee excludes any taxes or currency transmission charges, which are extra costs charged to you.
Billing and Payment. We will bill the membership fee for the term you signed up for in advance using the billing method you selected when you signed-up or you later request us to use. We will automatically rebill recurring memberships at the end of each term until cancelled according to these terms. You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate, and inform us of any change in your billing address, card number, or expiration date. You must promptly notify us if your credit or debit card is cancelled, lost, or stolen—or if there is an unauthorized use of your username or password—because we will charge you for all access under your account. We may cancel your membership and access to the Website if we cannot charge your credit or debit card. By giving us your credit or debit card number, you authorize us to submit all charges to your credit or debit card without further approval from you until you give us notice that you have cancelled your membership or wish to change your payment method and we have had a reasonable time to respond.
Specialty Content. In some cases, we may charge an additional fee to access or download specialty content. If there are any additional terms or charges for any specialty content, we will identify them up front and require you to agree to them before purchasing. Unless you tell us otherwise in each case, you authorize us to make charges for any specialty content to the credit card, debit card, or other payment method you use to pay your membership fee. Any prices shown for access or downloading specialty content are subject to change without notice. No prices are final until you pay for and we approve your purchase.
Changing Your Billing Method. You may request us to change your billing method by sending us written notice according to these terms. If we receive notice more than ten days before your billing date, we will make the changes effective as of your next billing period. Otherwise, we will try to make the change as soon as possible.
Billing Errors. We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We will waive any error in your favor that we do not correct within six months of the bill where the error first appeared. You will waive any error in our favor unless you give us notice of the error within nine months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within nine months after you receive the bill in which the error first appeared.
Chargebacks, dishonored checks, and related fees. You are responsible for any credit card chargebacks, dishonored check fees, and related fees that we incur on your account. If you fail to reimburse us for any credit card chargebacks, dishonored check fees, or related fees within 30 days of our initial demand for reimbursement, you must pay us $100 USD in additional liquidated damages as well as any costs incurred by us for each fee incurred.
Refunds. We consider all purchases final when made. But we may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact us at [email protected] and explain the exceptional circumstances that you believe warrants a refund. We make no promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of a credit to the credit card that you used for your purchase; we will not make refunds in the form of cash, check, or free services.
Reservation of Right to Charge Fees for Nonpremium Content. We do not charge any fees to access the nonpremium content and the nonpremium areas of the Website are free to all users, registered or not. You acknowledge, however, that we reserve the right to charge for the nonpremium areas of the Website in the future and to change our fees on one or more occasions.
Your Right to Cancel. You may cancel your registration or your premium membership for any reason on the Website, by emailing us at [email protected], or online with the payment-processing agent that you signed up through (Epoch.com, CCBill, or other authorized agent disclosed on the “join page” of the Website). You will receive written confirmation of cancellation, which you should keep for your records. If you do not receive written confirmation of cancellation within 24-hours of your request, please contact us immediately at [email protected]. After you cancel your premium membership, you will continue to have access to the Website until your premium membership term actually expires. Cancellation of your premium membership will not alter your obligation to pay all outstanding charges made to your account. These terms will survive your cancellation of your registration or your premium membership.
Our Right to Cancel. We may cancel your premium membership or suspend your access to the Website for any reason. If we cancel for any reason other than your breach of these terms, we will refund a pro-rata amount of any payments you have made for the portion of any month you do not use. If your credit card provider seeks return of any payments you previously made to us, but we believe in good faith you are liable for the charges, we may, subject to applicable law, seek payment from you for the amounts due.
You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
You acknowledge that you are responsible for your own submissions and the consequences of uploading or otherwise making them available on the Website. You are solely responsible for all acts and omissions that occur because of your use of the Website.
As a condition of your use of the Website:
You will comply with all applicable laws and regulations of any applicable governmental body;
You will maintain the security of your username and password and be fully responsible for all use of your account;
You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
You will not use the Website in any way that exposes us to criminal or civil liability;
You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, or illegal material to any other user of this Website;
You will not use the Website to harass or otherwise invade the privacy of another person (including the dissemination of personal information);
You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
You will not use or attempt to use any other user’s account on the Website without permission;
You will not impersonate another person during your use of the Website;
You will not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, or use data or content from the Website;
You will not modify, build on, or block any portion or functionality of any embeddable player, including links back to this Website;
You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
You will not “stalk” or otherwise harass anyone on the Website;
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management functionality;
You will not remove any proprietary notices or labels, including copyright notices, on the content;
You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
You will not send, create, or reply to so-called “mail bombs”—that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent—or engage in “spamming”—that is, unsolicited emailing for business or other purposes—or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to a third party;
You will not “frame” or “mirror” the Website; and
You will not reverse engineer any part of the Website.
We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and cancellation of your registration or membership. Unauthorized use of the Website or the content may also violate applicable laws including copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You may link to materials on the Website for personal, noncommercial purposes only. We may offer an embeddable player feature that you may incorporate into your own personal, noncommercial website or blog for use in accessing the materials on this Website on the condition that you include a prominent link back to the Website on the pages containing the embeddable player.
For each submission you make to the Website, you state that:
You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, or other proprietary rights in the submission to allow inclusion and use of the submission in the way contemplated by the Website and these terms;
You are not posting any content depicting any person under 18-years old;
You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
You have a signed written consent or release for each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and these terms.
You keep all of your ownership rights in your submissions. However, you hereby grant us a worldwide, nonexclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (and our successor’s) business, including for promoting and redistributing any part of the Website—and derivative works of it—in any media formats and through any media channels. You further waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted. You also hereby grant each user a nonexclusive license to access your submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions as permitted through the functionality of the Website and under these terms. You understand that we have no control over what other users may do with copies of your content once you remove your submissions from the Website.
You are solely responsible for your submissions and the consequences of posting them to the Website or to any other website through an embedded player provided by the Website or any other material or information that you transmit or share with other users or unrelated persons through the Website. You will not submit to the Website any content:
That is copyrighted, patented, trademarked (or service marked), protected by trade secret, or otherwise subject to another person’s intellectual or proprietary rights—including privacy and publicity rights—unless you own or control the rights or have received permission from the rightful owner to post the content and to grant us all of the license rights granted in section 11.4;
That you do not have a right to transmit under contractual or fiduciary relationships, including insider information, proprietary information, and confidential information learned or disclosed as party of employment relationships or under nondisclosure agreements;
That publishes falsehoods or misrepresentations that could damage us or any other person or that is otherwise likely to deceive any person;
That is illegal, unlawful, threatening, defamatory, libelous, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or may cause annoyance or inconvenience;
That disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any person appearing in or referred to in the submission;
That seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information for improper purposes, or otherwise;
That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any other person in any jurisdiction in the world;
That constitutes or depicts animal cruelty or bestiality;
That constitutes or depicts child pornography or pedophilia;
That advertises or solicits business, including unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
That advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this Website;
That solicits funds, advertisers, or sponsors;
That impersonates another person or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
That is technically harmful, including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data; or
That otherwise violates these terms.
We have no responsibility for, we do not endorse (expressly or implicitly), and we disclaim all liability for any content you submit to the Website or to any other website through an embedded player provided by the Website. We do not permit copyright infringing activities or infringement of any other intellectual property rights on the Website (including trademarks), and we will remove all content and submissions if properly notified that the content or submission infringes on another person’s intellectual property rights. We may remove content and submissions without advance notice or delay. We may also terminate a user’s access to the Website, if we determine the user is an infringer or a repeat infringer. While we accept pornographic content, only we decide if the content or submission is appropriate and complies with these terms for violations other than copyright infringement and violations of intellectual property law, such as obscene or defamatory material, or excessive length. We may remove a submission or terminate a user’s access for uploading content that violates these terms without advance notice.
You understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You also understand that you may be exposed to submissions that are inaccurate, offensive, obscene, indecent, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We may refuse to publish, remove, or block access to any submission that is available through the Website or our network or services without notice.
We provide this Website as a service to our users. We assume no responsibility to monitor the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume no responsibility for the content, no duty to change or remove any inappropriate content, and no responsibility for the conduct of the user submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person’s rights. Again, you are solely responsible for the submissions that you make visible on the Website or to any other website through an embedded player provided by the Website, and for any other material or information that you send or share with other users or unrelated persons through the Website.
We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content in breach of these terms.
This Website includes certain community features, including the ability to comment on submissions made by other users. You will not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals when using the community features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You will not use vulgar, abusive, or hateful language. If you do, we may block you from accessing this Website and hold you responsible under these terms. Your use of the community features of this Website is at your own risk and is subject to the disclaimers and limitations stated in these terms.
You will not upload, post, or otherwise send any content or information that:
Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
Plagiarizes any content owned by any person;
Contains violent, obscene, defamatory, libelous, harassing, threatening, or otherwise illegal content;
Contains bigoted, hateful, or otherwise racially offensive material;
Otherwise harms or may be reasonably expected to harm any person;
Contains commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
Contains a virus or other harmful component that tampers with, impairs, or damages the Website, service, or any connected network, or otherwise interferes with any person’s use or enjoyment of the Website or service;
Contains materials irrelevant to the chosen topic or theme of the posting;
Discusses illegal activity or posts links to other websites that deal with those activities; or
Consists of antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
We do not endorse the opinions expressed in any posting on this Website. We do not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We may monitor and delete any information or postings we consider inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at [email protected]. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
Changes and Interruption to Website
While we will use commercially reasonable efforts to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
We may change or discontinue this Website. We will not have any liability to you or any other person if we change or discontinue this Website.
We may suspend access to this Website temporarily for system failure, maintenance or repair, or reasons beyond our control.
We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, suitability, security, privacy, title, exclusivity, quiet enjoyment, noninfringement, and warranties that your access to the Website will be uninterrupted, virus-free, error-free, or that content loss will not occur. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other 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.
The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the truth or reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting our customer service department at [email protected].
Assumption of Risk; Release and Disclaimer of Liability
You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website. You further acknowledge that we will not be liable to you for submissions or the defamatory, libelous, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you.
You release us from all claims, demands, and damages arising out of your use of the Website, including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
We disclaim all liability to you for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage of any nature resulting from your access to and use of the Website;
Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
Interruption or cessation of transmission to or from the Website;
Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
Incompatibility between the Website and your other services, hardware, or software; or
Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
Limitation of Damages
Unless caused by our gross negligence or willful and wanton misconduct, we limit our total damages to you for any claims arising out of your access to the Website to your incidental and direct damages, if any. But our total damages to you will not exceed the greater of $100 USD or the total amount you paid us for any premium membership during the 12-month period before you made your claim. Recovery of these damages will be your sole and exclusive remedy.
Unless caused by the other party’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages for any claims arising out of these terms or access to the Website. This exclusion applies even if the other party knew or should have known about the possibility of these damages.
The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages in section 17.2 is independent of your exclusive remedy in section 17.1 and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise holds your exclusive remedy unenforceable.
The limitations and exclusions in this section apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory).
Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 15, 16, and 17 apply to the greatest extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
Loss Payment (also known as Indemnification)
In General. You must pay us for any loss of ours that is caused by (1) your access of the Website, including your conduct on the Website; (2) your violation of these terms; (3) your violation of rights of another person, including intellectual property rights; or (4) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
A loss is caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. Our failure to give you timely notice does not end your duty, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information).
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.
No Exclusivity. Our rights under this section do not affect other rights we might have.
Limited Time to Bring Claims
Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the United States of America. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not submit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
The laws of the British Virgin Islands govern these terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
Place for Resolving Disputes
The exclusive jurisdiction for all disputes arising out of these terms that are not subject to mandatory arbitration will be in the courts located in the British Virgin Islands, and the parties will not bring an action in any other jurisdiction. The parties waive all objections to jurisdiction (including the defense of inconvenient forum) and will not dispute the personal jurisdiction of the courts located in the British Virgin Islands.
The parties acknowledge that the Website will be deemed solely based in the British Virgin Islands, and that the Website will be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.
In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of the use of the Website.
Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. We may also elect to litigate collection matters.
Mediation. The parties may elect to engage in nonbinding mediation as a first alternative to arbitration or litigation. An election must be mutual and reflected in in a writing signed by both parties. Each party will bear its own costs in mediation and the parties will share equally between them all third party mediation costs unless the parties agree otherwise in a writing signed by the party agreeing to bear the costs.
Arbitration. Unless otherwise stated in this section, the parties will resolve any dispute arising out of these terms—including any question about its existence, validity, or termination—through binding arbitration under the rules of the British Virgin Islands Arbitration Act of 2013, which the parties incorporate into this section. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to the arbitrator. The parties will conduct the arbitration in the British Virgin Islands, and the language of the arbitration proceedings will be English. The arbitrator’s award will be final and binding on the parties. Either party may file an action in a court of competent jurisdiction to: (1) enforce this provision; (2) obtain injunctive relief; or (3) enforce the arbitrator’s award.
Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the first day of trial, and even if the parties waive the arbitration provisions of this section.
Class Action Waiver
Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at [email protected] and we will email you a copy.
Changes. We may change these terms if we believe necessary to operate the Website. Changes will not apply to continuing disputes or to disputes arising out of events happening before the posted changes. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the last updated date noted at the top of the revised terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume a duty to do so. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to cancel your membership if you are a premium member or to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at [email protected].
Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or another person. You may not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Waiver. If we do not enforce any right or provision in these terms, that failure does not waive our right to do so in the future.
Severability. If any provision of these terms is for any reason held unenforceable, that provision will be changed to the extent necessary to make it enforceable without losing its intent. If no change is possible, that provision will be severed from the rest of these terms.
Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.
Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
Failure of the telecommunications or information services infrastructure; and
Hacking, SPAM, or any failure of a computer, server, network, or software.
Costs and Legal Fees. In any dispute between the parties, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in enforcing or defending these terms.
Sending Notice to Us. You may send notice to us by email or by writing to us at the address shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you; or (2) by posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
Electronic Signatures. Any affirmation, assent, or agreement you send through this Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
P.O. Box 3159, Road Town,
Tortola, British Virgin Islands
Users who want to gain access to the password-restricted section of the Website must register. We do not charge consumers for registering for the Website. We reserve the right to charge for registering in the future. You may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.
Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
In these terms, the following usages apply:
Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” means “including, but not limited to.”