18 U.S.C. § 2257 Statement
Any actual human beings depicted in images appearing on this website were over the age of 18 years at the time those images were recorded.
Exemption: Content Produced by Third Parties
The operators of this website are not the “producers” of any depictions of actual or simulated sexually explicit conduct which may appear on this website. More specifically, the operators of this website limit their handling of such content, and only perform the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website’s users, which materials are deemed, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.
Exemption: Content Produced by Website Operators
To the extent that any images appear on the website, for which the operators of this website may be considered the §producer,§ those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.
Designated Records Custodian
Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have designated the custodian, whose address appears below, to be the keeper of original records described in 18 U.S.C. § 2257 and 28 C.F.R. § 75 for all materials appearing on this website that fall into the following categories: (i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit conduct, which materials have been acquired or created by the website’s operators for the purpose of promoting the website; or (ii) materials that are not exempt, as described above.
The aforementioned records and their custodian can be found at the following location:
Custodian of Records
Suite 9, Ansuya Estate,
Nothing further follows.
Porn.com Terms-of-Use Agreement
Created: June 7, 2013
Last Updated: March 30, 2015
Sagan Limited, a Republic of Seychelles company – the operators of Porn.com welcome you to the website, an adult entertainment website. It is important to us that you have the best possible experience while using the Website, and that, when you use this Website, you understand your legal rights and obligations. This terms-of-use agreement between you and us explains your legal rights and obligations and governs your use of the Website and the services we offer to you through the Website. These terms apply (1) to the entire contents of this Website (including mobile.porn.com and gay.porn.com) except for live.porn.com; (2) to any associated websites that we operate or that we grant you access to as part of any premium membership you purchase except for live.porn.com; (3) to any social media accounts operated by us (including Twitter and Instagram); and (4) to any email correspondence between you and us. Please read these terms carefully before using our Website because they create a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) disclaimer of warranties (section 15); (2) disclaimer of liability and limitation of damages (sections 16 and 17); (3) limited time to bring claims (section 21); (4) exclusive forum for resolving disputes (section 23.1); and (5) mandatory arbitration (section 24.4). Accessing this Website, including registering for a free account or purchasing a premium membership, forms your acceptance of and agreement to these terms even if you do not read them. If you do not agree to these terms, you cannot access this Website.
Minors prohibited. This Website contains pornographic content and is not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- This Website provides users with access to adult (i.e., pornographic) content, including graphic depictions of nudity and sexual conduct, as well as the opportunity to submit their own content subject to these terms. Users 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. The Website also makes certain features and content available only to premium members. To access premium features and content, you must pay for a premium membership. Premium memberships automatically renew for the period and price indicated at signup unless cancelled before the renewal date.
- 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 (www.porn.com/legal#terms).The top of the terms will tell you when we last updated them. Changes will take effect on the “last updated” date identified at the top of the terms. 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 stop accessing the Website. If you are a premium member, you may cancel your premium membership here (or go to http://www.customerhelponline.com).
- On one or more occasions, we may offer 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, you may also contact us firstname.lastname@example.org. For issues related to subscriptions and billing contact us at email@example.com.
- Adult Entertainment; Eligibility; Certifications
- The Website offers online entertainment services that are pornographic in nature, including content that contains graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. 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 must register to gain access to features such as submitting your own content and communicating with other users. But to gain full access to all the features and content that this Website has to offer, you must purchase a premium membership.
- 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 not the age of majority in your jurisdiction, you must leave this Website immediately.
- 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 assist in limiting access to material that is harmful to minors. Information regarding 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; and
- You will not share these materials with a minor or otherwise make them available to a minor.
- Child Pornography Prohibited
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 firstname.lastname@example.org or email@example.com. 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 (only premium members may download 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 Porn.com 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 Porn.com, and trademark laws in the Republic of Seychelles 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 Porn.com or with Porn.com. 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 Porn.com and its licensors, without advanced written permission from Porn.com or the third party who may own the mark.
- You will not reproduce, imitate, or use the Website’s trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of Porn.com’s rights or the rights of third parties.
- We neither endorse nor recommend the owner of any trademarks we display on the Website. In addition, our use of trademarks 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.
- Registration; Premium Membership
- Registration. In order to access some features of the Website, you will have to register to create a free Porn.com account. Registered users can submit their own content; keep track of their favorite stuff (i.e., subscribe to channels or playlists, follow porn stars or other users, etc.); communicate with other users; build their own personal profile; and build playlists to share with other users. You may not use another person’s account without permission. When registering for an account, you must provide accurate and complete information. We will ask you to create your own username and password. You are responsible for the activity that occurs on your account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you will be liable for the losses of others or us because of unauthorized use.
- Premium Membership. Porn.com allows you to access certain premium features or content in exchange for a recurring fee. For example, premium membership allows you to stream and download video in stunning high definition (or the highest quality available); browse the Website ad-free (i.e., never see an advertisement or a popup again); download videos, DVDs, and pictures to keep forever; and download HD content from the most popular channels, websites, and studios online. On purchasing a premium membership (or a premium upgrade), you may either create your own username and password or choose to receive a unique username and password to access the premium features of the Website. You must keep your username and password confidential; 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 consent. 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.
- No Username or Password Sharing. Your username and password are for your personal use only. You will not share them with any other person. Sometimes multiple access is not your fault-like when hackers try to compromise the Website by bundling multiple users with the same username or password. Regardless of the reason, we cannot allow multiple persons to use the same username and password, and the Website has several techniques to detect unauthorized multiple use. If we discover that multiple persons are using your username or password, we may block your access to the Website through your username or password without giving you advanced notice. However, we will promptly send you a new username or password to the email address you signed up with to allow you to regain access to the Website. We will not be responsible for, and will not refund any membership fee because of any down time or inability to access the Website that you experience because of the username or password change.
- 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 may cancel your trial membership here or by emailing us at firstname.lastname@example.org. 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-daymemberships 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 10 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 6 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 2 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 2 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@example.com 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.
- Cancellation of Premium Membership
- Your Right to Cancel Premium Membership.You may cancel your premium membership for any reason by going to www.customerhelponline.com/cancel.html or by emailing us at firstname.lastname@example.org. 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@example.com. After you cancel your premium membership, you will continue to have access to the Website until your premium membership term actually expires. For example, if you joined on March 1st, and cancelled on March 20th, your access will continue until April 1st, when your billing cycle ends. After your billing cycle ends, you will no longer have access to premium content, but you will continue to have access to all nonpremium content. Cancelling 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 premium membership.
- Our Right to Cancel Premium Membership.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.
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.
- Links to Third-Party Websites
- As a convenience to you, we may provide on this Website links to websites owned or operated by other entities that are completely 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 maintain, 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 regarding, 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 is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us.
- Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (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 discontinue linking to any linked website at any time without notice. Please contact the webmasters of any linked websites regarding any information, goods, or services appearing on them.
- User Conduct
- 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, threatening, harmful, obscene, offensive, hateful, discriminatory, or illegal material to any other member or 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 member’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 the 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 will take appropriate action against you for any unauthorized use of the Website, including civil, criminal, injunctive relief, and cancellation of your registration or membership. An unauthorized use of the Website and our computer systems violates these terms and certain international, foreign, and domestic laws.
- User Submissions
- You may link to materials on the Website for personal, noncommercial purposes only. Porn.com provides 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 manner 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 the written consent or release of each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the manner contemplated by the Website and these terms.
- You retain all of your ownership rights in your submissions. However, you hereby grant Porn.com 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 its (its 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. This license terminates once you remove or delete your submission from the Website. 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 and we do not guarantee that others will honor the termination of the license you grant here.
- 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 willnot 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 Porn.com 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 Porn.com or any other 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 any condition to your use of this Website identified in section 10.3 above or prohibition identified in section 12.2 below.
- 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 user 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 obligation to modify 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 transmit 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.
- Community Features
- 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 violate this provision, 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 state to us that you will not upload, post, or otherwise transmit 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 designated 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 firstname.lastname@example.org. 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.
- Website Availability, Modifications, and Access
- 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. Numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
- We may modify or discontinue this Website without notice to you. We have no liability to you or any other person if we modify or discontinue this Website.
- We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
- We may suspend, terminate, or block your access to this Website if we believe that you have violated these terms.
- Warranty Disclaimers
- 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 website support department at email@example.com.
- 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 maximum 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.
- Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the Republic of Seychelles. 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 transmit 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.
- Loss Payment (also known as Indemnification)
- In General. You must pay us for any loss of ours that is caused by (1) your use of the Website, including your conduct on the Website; (2) your breach 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 occurred 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 obligated to pay. Our failure to give you timely notice does not terminate your obligation, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information or cannot obtain your contact information in a commercially reasonable manner).
- 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
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within 1 year after the claim arises. If a party fails to bring any claim that party may have against the other party within this 1-year period, the claim is permanently barred.
- Governing Law
Seychelles law governs 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
- Except for disputes subject to arbitration(section 24.4),all disputes arising under these terms or your access to the Website will be subject to the exclusive jurisdiction and venue of the courts in the Republic of Seychelles. You hereby submit to the personal jurisdiction of the courts in the Republic of Seychelles to resolve all disputes not subject to arbitration exception. You waive any right to seek another forum or venue because of improper or inconvenient forum.
- This Website will be deemed solely based in the Republic of Seychelles and will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
- Dispute Resolution
- In General.Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under these terms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties arising out of these terms or 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. The Website may elect to litigate billing or payment disputes or collection matters.
- Mediation. If the parties cannot settle a dispute through negotiation within 30-days after beginning negotiations, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. The parties will conduct the mediation in Amsterdam, Netherlands, unless the parties agree otherwise in writing. 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 writing.
- Arbitration. If the parties fail to reach settlement within 60 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms or the use of the Website by arbitration administered by the International Centre for Dispute Resolution according to its International Arbitration Rules. Any arbitration conducted under these terms will take place in Amsterdam, Netherlands before a single arbitrator. The language of the arbitration and related proceedings will be English. Subject to repayment under section 27.10, the parties will bear equally the costs of the arbitration, including the fees and expenses of the arbitrator; each party will bear the costs associated with its case. The arbitrator will make a determination and issue an award within 30-days of the close of the evidence in the arbitration proceeding. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. Except as stated in sections 24.1, 24.2, 24.3, and 24.6, this is the exclusive remedy and forum for resolving disputes.
- Waiver of Jury Trial. Both parties 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 day that trial is to start, and even if the arbitration provisions of this section are waived.
- Class Action Waiver
The parties will conduct any proceedings to resolve or litigate any dispute in any forum solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
- 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.
- General Provisions
- 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 email us at firstname.lastname@example.org (members) or email@example.com (non-members) and we will send you a copy.
- Changes. We may change these terms if we believe necessary to operate this Website. We will try to post changes on the Website (www.porn.com/legal#terms) 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, but changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. 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 an obligation 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 member or to stop accessing the Website if you are not a member. If you need more information about the changes or have any other questions or comments about the changes, please contact us at firstname.lastname@example.org (members) or email@example.com (non-members).
- Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party without notice to you. You will 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 of these terms, this failure is not to be deemed a waiver of 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 preclude 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;
- Fiber cuts;
- 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.
- Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated these terms, the breaching party will reimburse the nonbreaching party for all actual costs and reasonable legal fees incurred in enforcing these terms.
- Sending Notice to Us. You may send notice to us by email or by calling our customer support department. 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 this Website or on the customer support website. Please check the bottom of this 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 sending email to the email address you specified when you signed up; or (2) by posting the notice on a location on the Website designated for this purpose. We will consider notices sent to you by email received when our email service indicates transmission to your email address. You confirm that the email address you specified when you signed up 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 transmitted 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 designated 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. You will be bound by any affirmation, assent, or agreement you transmit through this Website. You acknowledge that when in the future 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:
Suite 9, Ansuya Estate
Users who wish to gain access to the premium members-only section of the Website must be a premium member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change the membership fees. You may contact us at firstname.lastname@example.org 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.”
Last Updated: May 25th, 2018
We use your personal data for many reasons, from understanding how our users engage with and use our site to making informed decisions about our marketing and advertising.
These are the main reasons why we collect and use data about our users:
- To provide quality content;
- To provide the services you sign up for, such as subscriptions;
- To carry out marketing analysis and send you communications when we have your permission, or when permitted by law
- To enable us to show advertisements on our sites.
We think carefully about our use of personal data, and below you can find the details of what we do to protect your privacy. This policy covers, among other topics :
- Information about your rights and our obligations
- Clarity about our dealings with you and transparency about how we collect and use your personal data
- Commitments on how we protect your personal data
- Commitments on how we will facilitate your rights and respond to your questions.
We will continue to examine how we can provide more clarity to our users about our use of data.
Personal data is any information about you by which you can be identified. This can include information such as:
- your name, date of birth, email address, postal address, phone number, mobile number;
- credit card and debit card details;
- information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); and
- information relating to your personal circumstances and how you use our sites, apps and services.
Who we are and how to contact us
The data controller for our sites and apps is Sagan Ltd. Suite 9, Ansuya Estate, Revolution Avenue, Victoria, Mahe, Seychelles. This means that we are responsible for deciding how and why we hold and use your personal data. If you want to contact us, you can find our contact details in the “How to contact us” section below.
What personal data we collect and how we use it
We collect personal data when you sign up for our services and when you browse our sites or use our apps. This information is used to provide our site and other services, display advertising and analyze how visitors use our sites or apps.
The personal data we collect when you register for an account with our site.
- your email address;
- your username
- your photograph, if you add one to your profile page.
When you register for an account, we assign you a unique ID number that we use to recognize you when you are signed in to use our services. This will recognize you if you sign in using the same account on a new device or through a different application.
- your IP address – a numerical code to identify your device and which can provide information about the country, region or city where you are based;
- your browsing history of the content you have visited on our sites, including information on how you were referred to our sites via another website; and
- details of your devices, for example, the unique device ID, unique advertising ID and browsers used to access our content.
Some of our services, may give you the option of providing more information about your preferences, so that we can tailor your experience. Signing up for membership may also mean you need to provide other details such as your address details. Signing up to one of our affiliate programs will mean you need to provide sufficient details such as a bank account number so that we can pay you.
We will not collect special categories of data – such as information about your race, political opinions, religion, health or sexual orientation – unless you have chosen to provide that information to us.
Posting comments on our sites
When you post information on a discussion board or comment publicly on an article on one of our sites, the information you post and your username are publicly accessible. This information can be viewed online and collected by other people. We are not responsible for the way these other people use this information. When contributing to a discussion, we strongly recommend you avoid sharing any personal details, and especially information that can be used to identify you directly such as your name, age, address and name of employer. We are not responsible for the privacy of any identifiable information that you post in our online community or other public pages of the site.
Using our apps
Our app uses information on the content you have viewed. You can delete this history in the settings of the app. Information on what you have viewed in the app and information on bugs and crashes is also sent to us. You can choose to receive notifications on your mobile device via the app. You can manage these notifications in the settings of the app.
How we collect personal data
We collect personal data when you:
- register an account on our site;
- register as a webmaster with our affiliate program;
- submit a domain to our parking platform;
- pay for a membership;
- enter our competitions and surveys;
- sign up to our email list;
- post in our online community;
- sign up for marketing communications;
- use mobile devices to access our content;
- access our sites, through cookies and other similar technology; and
- when you contact us via email, social media, our apps or similar technologies or when you mention us on social media.
Why we use your personal data
We use personal data collected through our sites and apps for a number of purposes, including the following:
- To provide the services you sign up for. We also use the personal data for related internal administrative purposes – such as our accounting and records – and to make you aware of any changes to our services.
- To send marketing communications when we have your permission, or when permitted by law.
- To personalize our services (for example, so you can sign in), remembering your settings, displaying personalized advertising as well as measuring how effective our online adverts are, recognizing you when you sign in on different devices and tailoring our marketing communications based on what you view on our site.
- To carry out marketing analysis, for example we look at what you have viewed on our sites and apps and what products and services you have bought (including what you have looked at and what products or services you have bought on our other platforms) to better understand what your interests and preferences are, and to improve our marketing by making it more relevant to your interests and preferences. You can opt out from having your personal data used for marketing analysis by emailing email@example.com.
- To improve our marketing communications, we use a similar technology to cookies to confirm whether you have opened a marketing email or clicked on a link in the email.
- To sell advertising space on our sites.
- For statistical purposes such as analyzing the performance of our sites and apps and to understand how visitors use them.
- To respond to your queries and to resolve complaints.
- To comply with applicable laws and regulations.
Access permissions that we ask from users of Our app
When you use our app, we ask for the following permissions to access particular functions of your mobile device:
- For the Android version, we ask for permission to access your contact details/profile on your mobile device, so that we can add or find your Account on your phone.
- For the iOS version, we ask for permission to save pictures to your photo library, so that you can save pictures that you find in our articles on your mobile device.
Legal grounds for using your personal data
We will only use your personal data where we have a legal ground to do so. We determine the legal grounds based on the purposes for which we have collected and used your personal data. In every case, the legal ground will be one of the following:
- Consent: For example, where you have provided your consent to receive marketing emails from us. You can withdraw your consent at any time. In the case of marketing emails you can withdraw your consent by clicking on the “unsubscribe” link at the bottom of the email or through your email preferences in the “emails and marketing” tab, when signed into your Account.
- Our legitimate interests: Where it is necessary for us to understand our users, promote our services and operate our sites and apps efficiently for the creation, publication and distribution of news, media and related content both online and in print form, globally. For example, we will rely on our legitimate interest when we analyze what content has been viewed on our sites and apps, so that we can understand how they are used. It is also in our legitimate interest to carry out marketing analysis to determine what products and services may be relevant to the interests of our readers. You can opt out from having your personal data used for marketing analysis by emailing firstname.lastname@example.org.
- Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a membership from us and we need to use your contact details and payment information in order to process your order, or you have signed up to our affiliate program or hosted tube program and we needed to use your personal information to pay you.
- Compliance with law: In some cases, we may have a legal obligation to use or keep your personal data.
Updating your personal data and your profile page on our sites
When you register for an account with our site, you may have access to a profile page. Under “edit profile” you can review what information is public when you comment on our content, or if people look up your profile. You can also update your information or provide extra information if you want.
Personal data that we receive about you from other organizations
Adding to or combining the personal data you provide to us
When you sign up for our services we may add to the personal data you give us by combining it with information shared with us by other trusted organizations. This includes, for example, information about the region that you are located in, so that we can show you the prices for memberships or other products in your local currency. We may also obtain information from partners whose offers we include in some of our marketing communications and we use this information to ensure that we do not send you irrelevant marketing.
Data for persons under 18
This Website is not intended for minors. You will only access the Website or register if you are at least 18-years old and have reached the age of majority in the country where you live if that age happens to be greater than 18. We prohibit all persons who do not meet the age requirements from accessing the Website. Minors will not access the Website or use its services.
We do not knowingly collect any information about children, minors, or anyone under the age of majority. Nor do we knowingly market to children, minors, or anyone under 18-years old. If you are under 18-years old, we ask that you do not submit information to us. If we become aware that a child, minor, or anyone under 18-years old has registered with us and provided us with personal information, we will take steps to cancel that person’s registration. If we do cancel a registration because you breached our no children rules, we may keep your email and IP address to make sure that you do not try to get around our rules by creating a new account.
In accordance with 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Security of your personal data
We have implemented appropriate technical and organizational controls to protect your personal data against unauthorized processing and against accidental loss, damage or destruction. You are responsible for choosing a secure password when we ask you to set up a password to access parts of our sites or apps. You should keep this password confidential and you should choose a password that you do not use on any other site. You should not share your password with anyone else, including anyone who works for us. Unfortunately, sending information via the internet is not completely secure. Although we will do our best to protect your personal data once with us, we cannot guarantee the security of any personal data sent to our site while still in transit and so you provide it at your own risk.
Who we share your personal data with
We do not share your personal data with other people or organizations that are not directly linked or affiliated to us except under the following circumstances:
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- We may share your data with other organizations that provide services on our behalf such as dealing with online payments and other forms of payment processing, i.e. credit card transactions, online bank payments and preventing fraud.
- We may also share your data with our advertising partners, as set out in the section about Online Advertising below.
- We may reveal your personal data to any law enforcement agency, court, regulator, government authority or other organization if we are required to do so to meet a legal or regulatory obligation, or otherwise to protect our rights or the rights of anyone else.
Any organizations which access your data in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your data and keep to all data privacy laws that apply. We may also independently audit these service providers to make sure that they meet our standards.
We will not share your personal data with anyone else for their own marketing purposes unless we have your permission to do this.
Some of our webpages use social plug-ins from other organizations (such as the “Facebook Recommend” function, Twitter’s retweet function, Google+ function). These other organizations may receive and use personal data about your visit to our sites or apps. If you browse our site or view content on our apps, information they collect may be connected to your account on their site. For more information on how these organizations use personal data, please read their privacy policies.
Third Party-Payment Processors
International data transfers
Whenever we transfer your personal data out of the European Economic Area (EEA), we ensure similar protection and put in place at least one of these safeguards:
- We will only transfer your personal data to countries that have been found to provide an adequate level of protection for personal data.
- We may also use specific approved contracts with our service providers that are based in countries outside the EEA. These contracts give your personal data the same protection it has in the EEA .
- Where we use service providers in the United States, we may transfer personal data to them if they are part of the Privacy Shield scheme, which requires them to provide a similar level of protection of your personal data to what is required in the EEA.
If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place for the transfer of your personal data outside the EEA.
How long we keep your personal data
How we may contact you
From time to time we may send you service emails, for example, telling you your membership is coming to an end or thanking you when you contribute or place an order with us.
Marketing communications and editorial newsletters
If we have your permission, we may send you materials we think may interest you, such as offers and updates. Depending on your marketing preferences, this may be by email, phone, SMS or post.
You can decide not to receive these emails at any time and will be able to “unsubscribe” directly by clicking a link in the email or by emailing email@example.com.
Responding to your queries or complaints
If you have raised a query or a complaint with us, we may contact you to answer your query or to resolve your complaint.
Cookies and similar technology
When you visit our sites or when you use our apps, we may collect personal data from you automatically using cookies or similar technology. A cookie is a small file that can be placed on your device that allows us to recognize and remember you.
Advertising on our sites that is based on cookies and similar technology
We use personalized online advertising on our sites. This allows us to deliver more relevant advertising to people who visit our site. It works by showing you adverts that are based on your browsing patterns and the way you have interacted with our sites and apps. It then shows you adverts which we believe may interest you.
When you browse our sites or use our apps, some of the cookies and similar technology we place on your device are advertising cookies, so we can understand what sort of pages you are interested in. We can then display advertising on your browser based on these interests.
We do not collect or use information such as your name, email address, postal address or phone number for personalized online advertising.
We may also share online data collected through cookies and similar technology with our advertising partners. This means that when you are on another website, you may be shown advertising based on your browsing patterns on our site. We may also show you advertising on our site based on your browsing patterns on other sites that we have obtained from our advertising partners.
Online retargeting is another form of online advertising that allows us and some of our advertising partners to show you advertising based on your browsing patterns and interactions with a site away from our sites.
For example, if you have visited the website of an online clothes shop, you may start seeing adverts from that same shopping site displaying special offers or showing you products you were browsing. This allows companies to advertise to you if you leave their website without making a purchase.
Advertising that we place on our site or on other sites
We also use personalized online advertising to promote our own products and services. This means that you may see advertising for our products and services on our sites and when you are on other, third party websites, including social media platforms.
Your rights with regard to the personal data that we hold about you
You can contact us with regard to the following rights in relation to your personal data:
- If you would like to have a copy of the personal data we hold on you or if you think that we hold incorrect personal data about you, please write to the Data Protection Officer at firstname.lastname@example.org. We will deal with requests for copies of your personal data or for correction of your personal data within one month. If your request is complicated or if you have made a large number of requests, it may take us longer. We will let you know if we need longer than one month to respond. You will not have to pay a fee to obtain a copy of your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
- Where you have provided us with consent to use your personal data, you can withdraw this at any time.
- Where applicable, you may also have a right to receive a machine-readable copy of your personal data.
- You also have the right to ask us to delete your personal data or restrict how it is used. There may be exceptions to the right to erasure for specific legal reasons which, if applicable, we will set out for you in response to your request. Where applicable, you have the right to object to processing of your personal data for certain purposes.
- If you do not want us to use your personal data for marketing analysis, you can do so by emailing email@example.com.
If you want to make any of these requests, please contact firstname.lastname@example.org.
We may need to request specific information from you to help us confirm your identity.
Your California privacy rights
Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family or household purposes, you may ask us about the information we release to other organizations for their marketing purposes. To make such a request, please send an email to email@example.com with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal data we revealed to other organizations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal data shared in this way is covered by Section 1798.83 of the California Civil Code.
Canada Privacy Rights
We comply with Canadian Federal and Provincial privacy laws and regulations including the Personal Information Protection and Electronic Documents Act.
Residents of Canada are notified that the personal information they provide to us is stored in our databases outside of Canada including in the United States and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.
If you need to contact us about your personal information or believe that we have violated your privacy rights, please email us at firstname.lastname@example.org. You may visit www.priv.gc.ca for more information about your privacy rights.
Contact us for information about how we use your personal data
If you have any questions about how we use your personal data or if you have a concern about how your personal data is used, please contact the Data Protection Officer at email@example.com.
Complaints will be dealt with by the Data Protection Officer and will be responded to within 30 days.
If you are not satisfied with the way your concern has been handled, you can refer your complaint to the Information Commissioner’s Office.
If you have a question about anything else, please contact us firstname.lastname@example.org.
What is a cookie?
A cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies or similar technology.
- Keeping you signed in
- Understanding how you use our site
- Showing you media that is relevant to you
- Showing you products and services that are relevant to you
- Working with partners to serve you relevant advertising
Ultimately, this allows us to publish media you view on our sites and apps.
Other organizations also collect user information on our sites through cookies, tags and pixels. Tags and pixels, also known as web beacons, are similar to cookies but are collected through embedded images.
Using cookies and other technology allows other organizations to help us to analyze how our site is being used, measure the number of visitors to the site, and for display advertising.
Cookies that are used by us are referred to as “first-party cookies” and those that are used by our partners are “third-party cookies”. Because of how cookies work, our website cannot access third-party cookies; nor can other organizations access the data in the cookies we use on our website. There are more details about both in the following sections.
What types of cookies do we use ?
We use four types of cookies, which we describe in this section.
- Essential – cookies that are essential to provide you with services you have requested. For example, these include the cookies that make it possible for you to stay logged into your account and make comments. If you set your browser to block these cookies, then these functions and services will not work for you. In particular, we won’t be able to save your preferences about cookies.
- Performance – cookies which measure how often you visit our sites and how you use them. We use this information to get a better sense of how our users engage with our content and to improve our sites and apps, so that users have a better experience. For example, we collect information about which of our pages are most frequently visited, and by which types of users. We also use third-party cookies to help with performance. For example, the Google Analytics cookie gives us information such as your journey between pages and whether you have downloaded anything (details of how to opt out of it are below).
- Functionality – cookies that are used to recognize you and remember your preferences or settings when you return to our site, so that we can provide you with a more personalized experience. A mix of first-party and third-party cookies are used.
- Advertising – cookies that are used to collect information about your visit to our site, the content you have viewed, the links you have followed and information about your browser, device and your IP address. We have set out more details on this below.
Cookies are a key part of how we deliver advertising on our sites. Among other uses, they allow us to show more relevant advertising to people who visit our site by showing you adverts that are based on your browsing patterns and the way you have interacted with our sites and apps. We can then show you adverts which we believe may interest you.
As you browse our site, some of the cookies and similar technology we place on your device are for advertising, so we can understand what sorts of pages you read and are interested in. We can then display advertising on your browser based on these interests.
The advertising techniques we use do not collect information such as your name, email address, postal address or phone number. We sometimes use information such as your IP address and browser type and also sometimes share some limited aspects of this with third parties for advertising purposes.
We may also share online data collected through cookies and similar technology with our advertising partners. This means that when you are on another website, you may be shown advertising based on your browsing patterns on our site. We may also show you advertising on our site based on your browsing patterns on other sites that we have obtained from our advertising partners.
How to manage advertising cookies
You can switch some cookies off through the Your Online Choices site. You may need to do this again each time you use a different IP address or device.
It is also possible to stop your browser from accepting cookies altogether by changing your browser’s cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser. The following links may be helpful, or you can use the “Help” option in your browser.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari web and iOS
If you would like to find out more about privacy, cookies and their use on the internet, you may find the following links useful:
If you would like to contact us about cookies please email email@example.com.
Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at firstname.lastname@example.org.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may visit http://www.law.cornell.edu/uscode/text/17/512 or should you desire to review a memorandum summarizing each title of the DMCA you may visit http://www.copyright.gov/legislation/dmca.pdf. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. §512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement-
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. §512(c)(3); if you do not understand the language please seek independent legal advice):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please send your Claim of Infringement to:
Failure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Sagan Limited.
Claim of Infringement Counter-Notification-
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. §512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
- Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
- Your full name, address, telephone number, and email address;
- The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant”;
- The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Sagan Limited, is allowed under the provisions of 17 U.S.C. §512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Sagan Limited.’s system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Sagan Limited is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions-
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
- A statement indicating that you are retracting your Copyright Infringement Notification;
- The complete and specific URL of the material in question;
- An electronic signature; and
- A copy of your original Copyright Infringement Notification.
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. § 512(i).
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These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.