Terms and Conditions - Porn Safely

Dear user,

Please note that our Terms and Conditions are amended to reflect the contents of our announcement made on March 29th, 2021. As such, users will have to respect the contents of the announcement, which officially prevail over the Terms and Conditions in the event of contradiction, effective immediately.

Acceptance of the Terms and Conditions

By using or visiting www.pornsafely.com (hereinafter “PornSafely”), or any content, functionality, and services offered on or through PornSafely, whether as a guest or a registered user, or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you signify your agreement to these Terms and Conditions and our Privacy Policy, and incorporated herein by reference.

These Terms and Conditions apply to all users, including users who are also contributors of Content, of any of PornSafely, web pages, interactive features, embeddable player, uploader and other applications, widgets, blogs, social networks, social network “tabs,” or other online or wireless offerings that post a link to these Terms and Conditions, whether accessed via computer, mobile device, or other technology, manner, or means.

“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on, or transmit to other users or other person or access through PornSafely.

If you do not agree to any of these Terms and Conditions or our Privacy Policy, please do not access or use PornSafely.

You consent to entering these Terms and Conditions electronically and storing records related to these Terms and Conditions in electronic form.

Ability to Accept Terms and Conditions

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing PornSafely from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 or the applicable age of majority, please do not use PornSafely. You also represent that the jurisdiction from which you access PornSafely does not prohibit the receiving or viewing of sexually explicit content.

Changes to the Terms and Conditions

We reserve the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of PornSafely following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

The updated version of the Terms and Conditions supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms and Conditions found on PornSafely.

About PornSafely

PornSafely allows for uploading, sharing, and general viewing of various types of adult-oriented content by users, registered and unregistered, who desire to share and view visual depictions of adult-oriented content, including sexually explicit images. In addition, PornSafely contains texts, messages, files, data, information, images, photos, video files, recordings, materials, code, or content of any kind and other materials posted or uploaded by users.

PornSafely may contain links to third-party sites that are not owned or controlled by PornSafely or its operator. PornSafely has no control over and assumes no responsibility for any third-party sites’ content, privacy policies, or practices. In addition, PornSafely will not and cannot censor or edit the content of any third-party site. By using PornSafely, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave PornSafely and to read the terms, conditions, and privacy policies of each other sites that you visit.

PornSafely is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by PornSafely.

PornSafely is for adult-oriented content. Other categories of content may be rejected or deleted at our sole discretion. We may, at our sole discretion and at any time, remove any content on PornSafely.

You understand and acknowledge that when using PornSafely, you will be exposed to content from various sources. PornSafely 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 inaccurate content, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PornSafely with respect to that, and agree to indemnify and hold PornSafely, its site operator, its parent corporation, its 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 PornSafely.

Communication Preferences

By using PornSafely, you expressly and specifically consent to receive electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on PornSafely (for example, through the members’ area on PornSafely upon login to ensure receipt in the event you have unsubscribed from email communications), or in the “Account Settings” or “Public Profile” page and may include notices about your account (such as upcoming payment notifications, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also expressly and specifically consent to receive certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication.

Purchasing Content, Subscriptions, Free Trials, Promotion Subscriptions, Billing and Cancellation

Use of Third-Party Internet Payment Service Providers

Payment for subscriptions to PornSafely Premium can be made by credit cards. When available, by debit cards, and are processed through our third-party Internet payment service providers or other payment processors. By subscribing to PornSafely Premium, you hereby consent to and agree to abide by such third-party Internet payment service providers’ or payment processors’ customer terms and conditions and policies, and understand that we have no control whatsoever over such customer terms and conditions and policies. If you cannot agree to such third-party internet payment service providers’ or payment processors’ customer terms and conditions or policies, do not subscribe to PornSafely Premium.

Subscriptions to PornSafely Premium

Your subscription to PornSafely Premium, which may start with a free trial or promotional subscription, will continue unless and until you cancel or we terminate it. You must provide us with a current, valid, accepted payment method (as such may be updated from time to time, “Payment Method”) to use our services. We will bill the applicable subscription fee to your Payment Method. You must cancel your subscription before it renews to avoid billing of the next period’s subscription fees to your Payment Method.

We may offer several subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with us by verifying the email receipt issued upon your sign-up or by contacting us in one of the manners described at www.mypornsite.com/faq/. Third parties may offer some promotional subscriptions in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend, at our sole discretion, our offered subscription plans.

Free Trials and Promotional Subscriptions to PornSafely Premium

Your subscription to PornSafely Premium may start with a free trial or promotional subscription. The free trial period of your subscription lasts for NUMBER days or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials or promotional subscriptions are for new and certain former subscribers only. We reserve the right to determine your eligibility for a free trial or promotional subscription at our sole discretion.

We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription or the end of your promotional subscription unless you cancel before the end of the applicable period. To view the specific details of your subscription, including the monthly subscription price and end date of your free trial period or promotional subscription, please verify the email receipt issued upon your sign-up or contact us in one of the manners described at www.mypornsite.com/faq/. We may authorize your Payment Method through various methods, including authorizing it up to an amount equal to or similar to the amount of the monthly subscription fee as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. However, you will not be charged during your free trial period for the subscription fee.

Billing for Subscriptions to PornSafely Premium

By starting your subscription to PornSafely Premium and providing or designating a Payment Method, you authorize us to charge you a recurring subscription fee at the then-current rate and any other charges you may incur in connection with your use of our services to your Payment Method. You acknowledge that the amount billed each period may vary (but not materially) from term to term, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms and Conditions, any material price increases to your service will take effect following notice to you.

Our services’ subscription fee will be billed at the beginning of the paying portion of your subscription and each period thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each period on or near the calendar day corresponding to your paying subscription’s commencement. Subscription fees are fully earned upon payment. We reserve the right to change our billing’s timing, in particular, as indicated below, if your Payment Method has not successfully been processed. If your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. Your renewal date may change due to changes in your subscription. We may authorize your Payment Method in anticipation of subscription or service-related charges. If your Payment Method does not successfully process a charge for a subscription fee, you authorize us to charge you an administration fee of up to $FEE to keep your subscription temporarily active until the full subscription fee can be processed successfully and your full term renewed.

As used in these Terms and Conditions, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

PayPal, Blockonomics, or others (depending on your geographical location) may appear on your credit card, bank statement, or phone bill for all applicable charges. If multiple websites are joined utilizing any Payment Method, your statement will list each individual purchase comprising the transaction. PayPal may include other information on your statement based on credit card association requirements, telephone regulation, National Automated Clearinghouse Association, or any other mandated rules and regulations. If you elect to use a checking account to purchase a subscription to PornSafely Premium, a debit will be executed on your checking account.

Taxes

Value-added Tax or VAT, sales tax, or other excise tax may be included in or added to the subscription fee for PornSafely Premium depending on your country, state, territory, city, or other applicable local regulations. Tax rates may vary accordingly.

No Refunds

PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.

If we terminate your rights to use PornSafely because of a breach of these Terms and Services, you shall not be entitled to the refund of any unused portion of subscription fees. We reserve the right (but not the obligation) to refund the purchased amount if there is a technical error; this is to be determined by us at our sole discretion.

At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers. The amount and form of such credits, and the decision to provide them, are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstance.

Payment Methods

You may edit your Payment Method information by clicking on the “Manage Premium Account” link found at www.mypornsite.com/account-settings/ or by contacting our Customer Support in one of the manners described at www.mypornsite.com/contact/. If a payment is not successfully processed due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, your payment method’s issuer may charge you a transaction fee or other charges.

Cancellation of PornSafely Premium Subscription

You may cancel your subscription to PornSafely Premium at any time while logged into your account under the “Manage Premium Account” link found at www.pornsafely.com/account-settings/ or by notifying us either by electronic or conventional mail, by chat, or by telephone. You are liable for charges incurred until the date of the termination, and you will continue to have access to our service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. You may also cancel your subscription to PornSafely Premium by contacting our Customer Support in one of the manners described or using the online cancellation form. If you cancel your subscription to PornSafely Premium, your account will automatically be downgraded to a regular account at the end of your current billing period.

Cardholder Disputes/Chargebacks

All chargebacks are thoroughly investigated and disputed and may prevent future purchases with our third-party Internet payment service providers, given the circumstances. Fraud claims may result in our third-party Internet payment service providers contacting your card issuer to protect you and prevent future fraudulent charges to your payment method.

Electronic Receipt

You will receive an email receipt to the email provided upon initial registration, as you may change the same over time. You may request a copy of the account of charges to your account, but we cannot guarantee the availability of such records more than 365 days after a subscription or purchase date. Requests must be made directly to PayPal. To contact PayPal, refer to our Customer Support in one of the manners described at www.mypornsite.com/contact/.

Accessing PornSafely and Account Security

We reserve the right to withdraw or amend PornSafely and any service or material we provide on PornSafely, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of PornSafely is unavailable at any time or for any period. From time to time, we may restrict access to some parts of PornSafely, or entire PornSafely, to users, including registered users.

You are responsible for:

making all arrangements necessary for you to have access to PornSafely, and

ensuring that all persons who access PornSafely through your internet connection are aware of these Terms and Conditions and comply with them.

To access PornSafely or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of PornSafely that all the information you provide on PornSafely is correct, current, and complete. You agree that all information you provide to register with PornSafely or otherwise, including but not limited to through the use of any interactive features on PornSafely, is governed by our Privacy Policy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to PornSafely or portions of PornSafely using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other security breach by contacting us at [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. Although PornSafely will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PornSafely or others due to such unauthorized use.

If you interact with third-party service providers or with us, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third-party services. If you use PornSafely over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

You acknowledge that PornSafely reserves the right to charge fees for its services and PornSafely access and to change its fees at its sole discretion.

Limited, Conditional License to Use Our Intellectual Property

PornSafely, PornSafely Premium, and our associated logos and names are our trademarks and service marks. Other trademarks, service marks, names, and logos used on or through PornSafely, 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 concerning any of the trademarks mentioned earlier, 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 PornSafely or vice versa.

PornSafely and certain materials available on or through PornSafely are content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret, and other laws, and we reserve and retain all rights in our Works and PornSafely.

We hereby grant you a conditional, royalty-free, limited, revocable, non-sublicensable, non-transferable, and non-exclusive license to access PornSafely and our Works solely for your personal use in connection with using PornSafely.

We grant you a conditional and limited license to access, view, and display PornSafely and our Works, and to create and display transient copies of PornSafely and our Works as necessary to view them, conditioned upon your agreement to display PornSafely whole and intact as presented by PornSafely host, complete with any advertising, to not interfere with the display of any advertising, and not to use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through PornSafely to block or interfere with the display of any advertising on PornSafely or to implement, modify, or update any software or filter lists that block or interfere with the display of any advertising on PornSafely. Interference with the display of any advertising on PornSafely, use of ad-blocking software to block or disable any advertising while viewing PornSafely, or use of information obtained from or through PornSafely to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view PornSafely and our Works and constitutes copyright infringement.

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display PornSafely and our Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

PornSafely may provide an “Embeddable Player” feature, which you may incorporate into your own website for use in accessing the Content on PornSafely. 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 PornSafely.

The above-described license is conditioned on your compliance with these Terms and Conditions, including, specifically, your agreement to view PornSafely whole and intact as presented by PornSafely host, complete with any advertising, and shall terminate upon termination of these Terms and Conditions. Any license you have obtained will be automatically rescinded and terminated if you breach any provision of these Terms and Conditions. In order to protect our rights, some Content made available on PornSafely 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.

If PornSafely allows you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Download License”). Under this Download License, you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display PornSafely and our Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. You will delete or otherwise dispose of all copies of Works in your possession at the expiration of your Download License or the termination of these Terms and Conditions.

Content Posted by Users

As PornSafely’s account holder, you may submit Content to PornSafely and other websites linked to PornSafely, including videos, images, and user comments. You understand that PornSafely does not guarantee any confidentiality concerning any Content you submit.

You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your Content on PornSafely. You understand and acknowledge that you are responsible for any Content you submit or contribute. You, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We do not control the Content you submit or contribute, and we do not make any guarantee whatsoever related to Content submitted or contributed by users. Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by users.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit. You license to PornSafely all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on PornSafely pursuant to these Terms and Conditions.

You further agree that Content you submit to PornSafely will not contain third party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to PornSafely all of the license rights granted herein.

You agree and understand that PornSafely (and its successors and affiliates) may use your Content for promotional or commercial purposes and render the services according to these Terms and Services. For clarity, you retain all of your ownership rights in your Content. By submitting Content to PornSafely, you hereby grant PornSafely’s operators an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, broadcast, market, create derivative works of, adapt, translate, publicly display, communicate, or perform, make available or otherwise use all of the Content, including without limitation for promoting and redistributing part or all of PornSafely (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each user of PornSafely a non-exclusive, royalty-free license to access your Content through PornSafely and to use, reproduce, display, communicate, and perform such Content as permitted through the functionality of PornSafely and under these Terms and Conditions. The above licenses granted by you in video Content you submit to PornSafely terminate within a commercially reasonable time after removing or deleting your Content from PornSafely. However, you understand and agree that PornSafely may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

PornSafely does not endorse any Content submitted by any user or other licensor or any opinion, recommendation, or advice expressed therein. PornSafely expressly disclaims any and all liability in connection with Content. PornSafely does not permit copyright infringing activities and infringement of intellectual property rights on PornSafely. PornSafely will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. PornSafely reserves the right to remove Content without prior notice.

All Content you submit must comply with the Content standards set out in these Terms and Conditions.

If any of the Content that you post to or through PornSafely contains ideas, suggestions, documents, or proposals to us, we will have no obligation of confidentiality, express or implied, concerning such Content, and we shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such Content in our sole discretion without any obligation to you whatsoever ( i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).

In the process of posting Content to PornSafely, you may be asked to provide some personally identifying information, such as your name, address, email address, password, and other documentation. You may also be asked to provide such information to use certain features of PornSafely.

We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or additional personally-identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using PornSafely, including the name used in registering for and using PornSafely or other personally identifying information, may be displayed to other members of PornSafely and may become public. In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances, including but not limited to responses to subpoenas or requests by law enforcement or as required by taxing authorities.

Use of PornSafely

You agree that you will only use PornSafely and our services for the lawful purposes expressly permitted and contemplated by these Terms and Conditions. You may not use PornSafely and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.

You agree that you will view PornSafely and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying PornSafely or eliminating any of the content of PornSafely, including ads. By using PornSafely, you expressly agree to accept advertising served on and through PornSafely and to refrain from using ad-blocking software when visiting the PornSafely.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of PornSafely and as permitted under these Terms and Conditions. You shall not download any Content unless you see a “download” or similar link displayed by PornSafely for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of PornSafely’s operator or the respective licensors of the Content. PornSafely and its licensors reserve all rights not expressly granted in and to PornSafely and the Content.

Prohibited Uses

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 PornSafely, or use and monitor any information in or related to PornSafely for any unauthorized purpose.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using PornSafely. Expressly, you agree not to use PornSafely to:

violate any law or encourage or provide instructions to another to do so;

act in a manner that negatively affects other users’ ability to use PornSafely, 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;

post any Content that depicts any person under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) whether real or simulated;

post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);

post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech (either orally or via the written word);

post any Content that contains falsehoods or misrepresentations that could damage PornSafely or any third party;

post any Content that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;

post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;

post any Content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;

use PornSafely (or post any Content that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;

use PornSafely to arrange any in-person meetings for purposes of sexual activity for hire;

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 PornSafely;

remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on PornSafely or in connection with our services;

collect or store personal data about anyone;

alter or modify without permission any part of PornSafely or its content, including ads;

obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through PornSafely;

exploit errors in design, features that are not documented, or bugs to gain access that would otherwise not be available.

Additionally, you agree not to:

use PornSafely in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of PornSafely, including their ability to engage in real-time activities through PornSafely;

use any robot, spider, or other automatic devices, process, or means to access PornSafely for any purpose, including monitoring or copying any of the material on PornSafely without our prior written consent;

use any manual process to monitor or copy any of the material on PornSafely or for any other unauthorized purpose without our prior written consent;

use any information obtained from or through PornSafely to block or interfere with the display of any advertising on PornSafely, or to implement, modify or update any software or filter lists that block or interfere with the display of any advertising on PornSafely;

use any device, bots, scripts, software, or routine that interferes with the proper working of PornSafely or that shortcut or alter PornSafely functions to run or appear in ways that are not intended by PornSafely’s design;

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 PornSafely or our services;

attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of PornSafely, the server on which PornSafely is stored, or any server, computer, or database connected to PornSafely;

remove any copyright or other proprietary notices from PornSafely or any of the materials contained therein;

attack PornSafely via a denial-of-service attack or a distributed denial-of-service attack;

otherwise attempt to interfere with the proper working of PornSafely.

Monitoring and Enforcement; Termination

We have the right but not the obligation to:

remove or refuse to post any Content you submit or contribute to PornSafely for any or no reason in our sole discretion;

monitor any communication occurring on or through PornSafely to confirm compliance with these Terms and Conditions, the security of PornSafely, or any legal obligation;

take any action concerning any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms and Conditions, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of PornSafely or the public, or could create liability for us;

disclose your personally-identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights, or their right to privacy;

take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of PornSafely;

terminate or suspend your access to all or part of PornSafely for any or no reason, including without limitation, any violation of these Terms and Conditions.

Without limiting the preceding, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through PornSafely. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATORS, ITS PARENT CORPORATION, ITS RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE PRECEDING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

PornSafely takes a decisive 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 PornSafely by contacting [email protected].

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, PornSafely may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you. At our sole discretion, we may delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party connected with our operation of PornSafely appropriately. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms and Conditions or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.

However, we do not undertake to review Content before it is posted on PornSafely 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 user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Account Termination Policy

While pornographic and adult-oriented Content is accepted, PornSafely reserves the right to decide whether Content is appropriate or violates these Terms and Conditions for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. PornSafely may at any time, without prior notice and in its sole discretion, remove such Content or terminate a user’s account for submitting such material in violation of these Terms and Conditions.

If you violate the letter or spirit of these Terms and Conditions or otherwise create risk or possible legal exposure for us, we can terminate access to PornSafely or stop providing all or part of PornSafely to you.

Copyrights and Other Intellectual Property

PornSafely operates a clear copyright policy concerning any Content alleged to infringe the copyright of a third party. Details of that policy can be found at www.pornsafely.com/dmca/. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. As part of our Copyright Policy, PornSafely will terminate user access to PornSafely if, under appropriate circumstances, a user has been determined to be a repeat infringer.

PornSafely is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question or seek any resolution in court or other judicial means. If you’re sure you want to report content on PornSafely that you believe infringes your trademark, you can do so by contacting www.pornsafely.com/contact/. PornSafely is willing to perform a limited investigation of reasonable complaints and remove the content in clear infringement cases. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide:

The rights owner’s name.
Your email address.
The details of your report to the person who posted the content you are reporting.

This person may contact you with the information you provide.

Abuse Reporting

PornSafely does not permit any form of revenge porn, blackmail, or intimidation. Violations of this policy can be reported through the following link: www.mypornsite.com/content-removal/.

Reliance on Information Posted

The information presented on or through PornSafely 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 PornSafely or anyone who may be informed of any of its contents.

PornSafely includes Content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. 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.

Changes to PornSafely

We may update the content on PornSafely from time to time, but their content is not necessarily complete or up-to-date. Any of the material on PornSafely may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to PornSafely

All information we collect on PornSafely is subject to our Privacy Policy. By using PornSafely, you acknowledge that you have read and understood the terms of the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Collection and Use of Your Usage Information by Advertisers and Others

PornSafely allows others to display advertisements using PornSafely. These third parties use technology to deliver advertisements you see using PornSafely directly to your browser. In doing so, they may automatically receive your IP, or “Internet Protocol”, address. Others that place advertising using PornSafely may have the ability to use cookies or web beacons to collect information, including information about your usage of PornSafely. 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.

Linking to PornSafely and Social Media Features

You may link to PornSafely, provided you do so in a fair and legal way that does not damage our reputation or take advantage of it. Still, 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.

PornSafely may provide certain social media features that enable you to:

link from your own or certain third-party websites to certain content on PornSafely;

send emails or other communications with certain content, or links to certain content, on PornSafely;

cause limited portions of content on PornSafely 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 concerning 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 PornSafely or portions of PornSafely 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 concerning the materials on PornSafely that is inconsistent with any other provision of these Terms and Conditions.

The sites 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 and Conditions.

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 at our sole discretion.

Links from PornSafely

If PornSafely 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 assume 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 sites linked to PornSafely, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. 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 PornSafely.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through PornSafely, are solely between you and such third parties. You agree that PornSafely shall not be responsible or liable for any loss or damage of any sort incurred due to any dealings with such sponsors, third parties, or advertisers or as the result of their presence on PornSafely.

Permitted Disclosures of Personal Information

PornSafely generally 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 Content through PornSafely or register with us to use certain features of PornSafely. PornSafely will not disclose any personally identifiable information it collects or obtains except:

As described in these Terms and Conditions or our Privacy Policy.
After obtaining your permission to a specific use or disclosure.
If PornSafely is required to do so to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request.
As required to protect PornSafely’s property, safety, or operations, or the property or safety of others.
To a person that acquires PornSafely, or the assets of PornSafely’s operator in connection with which such information has been collected or used.
As otherwise required by law.

If PornSafely is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.

PornSafely will have access to all information you have submitted or created for as long as reasonably required to comply with or investigate any information requests or protect PornSafely. To enforce these Terms and Conditions, protect intellectual property rights, comply with legal processes and the law, and protect PornSafely, you agree to allow PornSafely to access your information.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PornSafely, its site operator, its parent corporation, its 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:

Your use of and access to PornSafely.
Your violation of any term of these Terms and Conditions.
Your violation of any third party right, including without limitation any copyright, property, or privacy right.
Any claim that your Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and Conditions and your use of PornSafely. 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.

Disclaimers

YOU USE PornSafely AT YOUR SOLE RISK. WE PROVIDE PornSafely “AS IS” AND “AS AVAILABLE. “TO THE FULLEST EXTENT PERMITTED BY LAW, PornSafely, ITS SITE OPERATOR, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO PornSafely AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH PornSafely, 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 PornSafely. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF PornSafely’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO PornSafely OR THAT PornSafely 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 PornSafely OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM PornSafely OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH PornSafely OR OUR SERVICES BY ANY THIRD PARTY, 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PornSafely OR OUR SERVICES. PornSafely DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PornSafely OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PornSafely 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 PornSafely SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL PornSafely, ITS SITE OPERATOR, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 PornSafely 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 PornSafely, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PornSafely OR SERVICES BY ANY THIRD PARTY, (V) 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 PornSafely OR OUR SERVICES, AND/OR (VI) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY SITES, FOUND ON OR THROUGH PornSafely, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PornSafely OR ITS SITE OPERTOR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PornSafely 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.

YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO PornSafely MAY BE VIEWED, DOWNLOADED, REPUBLISHED, AND DISTRIBUTED – POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THIS AGREEMENT – AND THAT YOU ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS AND CONDITIONS.

YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Any claim by you that may arise in connection with these Terms and Conditions will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.

Limitation on Time to File Claims

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 AND CONDITIONS OR PornSafely MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Your Comments and Concerns

PornSafely Ltd, Address, City, Country ZIP Code. 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 PornSafely should be directed to [email protected].

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.

Fees

You acknowledge that PornSafely reserves the right to charge for its services and to change its fees from time to time in its sole discretion. Furthermore, in the event PornSafely terminates your rights to use PornSafely because of a breach of these Terms and Conditions, you shall not be entitled to the refund of any unused portion of subscription fees. If PornSafely is required to incur fees or expenses as a result of your activity, you agree to reimburse any such fees or expenses.

Miscellaneous

These Terms and Conditions, your use of PornSafely, and the relationship between you and us shall be governed by the Netherlands’ laws, without regard to conflict of law rules. Nothing contained in these Terms and Conditions shall constitute an agreement to the application of any other nation’s laws to PornSafely. You agree that PornSafely shall be deemed passive that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than The Netherlands. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms and Services shall be in an appropriate court located in Amsterdam, The Netherlands. You hereby submit to the jurisdiction and venue of said Courts.

No waiver by us of any term or condition outlined in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

The Terms and Conditions, our Privacy Policy, our Copyright Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to PornSafely.

We may terminate these Terms and Conditions for any or no reason at any time by notifying you through a notice on PornSafely, 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 and Conditions, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content, and we may not keep any backup of any of your Content. We undertake no responsibility for deleting your Content under these Terms and Conditions. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or backup your Content) and subject to the licenses outlined in these Terms and Conditions.