TERMS AND CONDITIONS
1. The following Terms and Conditions constitute a binding agreement between you and the operators of PornDoe.com ("PornDoe") regarding your use of the PornDoe website and all related services provided by PornDoe (the „PornDoeService“). Since the Terms and Conditions of the PornDoeService are binding, read them carefully. The Terms and Conditions contained herein apply to all users of the PornDoeService whether as a 'visitor' or as a 'member'. For members of PornDoeServices as PondoePremium further Terms and Conditions may apply.
3. These Terms and conditions may be revised from time to time by PornDoe without prior notice to you. It is your sole responsibility to regularly check the PornDoeService before using and to review the current Terms and conditions. In case you continuously use the PorndoeService, this constitutes your agreement to all revisions to the corresponding Terms and Conditions.
4. By accessing and using the PornDoeService you represent and warrant that:
4.1 you are at least 18 (eighteen) years old,
4.2 that you have reached the legal age determined by the governing law of your country to view sexually explicit material as shown and displayed on the PornDoeService,
4.3 that you are accessing the PornDoeService from a location where the content of the PornDoeService is deemed legal and permitted, and
4.4 that you will not permit any other person access to the PornDoeService who is not allowed to do so, especially persons under the age of 18 (eighteen).
ACCESS TO MATERIALS AND/OR CONTENT PROVIDED BY THE PORNDOESERVICE FROM A JURISDICTION WHERE MATERIALS AND/OR CONTENT MAY BE ILLEGAL IS STRICTLY PROHIBITED.
5. You may as a visitor or as a member, in accordance with these Terms and Conditions, view content and or materials provided through the PornDoeService and, to the extent permitted by PornDoe, download content or portions of content provided by the PornDoeService, to a single personal computer or other storage device, especially mobile phones and/or tablets. 5.1 Other than permitted by these Terms and Conditions you may not copy, distribute, or perform the content of the PornDoeService, or create derivative works using that content.
5.2 The PornDoeService may also contain certain links or ads with links to third party websites and/or third party offers in general which are in no way owned and/or controlled by PornDoe. PornDoe therefore assumes no responsibility for the content, privacy policies, terms od use and/or practices of any and all third party websites. PornDoe cannot censor or edit the content of third party sites. You acknowledge that PornDoe will not be liable for any and all liability arising for your use of any third-party website.
6. The PornDoeService is at all times provided to you on an AS IS and AS AVAILABLE basis. Therefore PornDoe disclaims all responsibility and liability for the availability, timeliness, security or reliability of the PornDoeService or any feature or software included in the PornDoeService. PornDoe disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the PornDoeService, and you agree that PornDoe will not be liable for any such services, software, content, or advertising.
7. PornDoe reserves the right at any time to modify or discontinue, temporarily or permanently, the PornDoeService (or any part thereof) with or without prior notice. The PornDoeService may be subject to interruptions, caused by PornDoe, partners of PornDoe or other third parties. PornDoe will not be liable for any modification, suspension, interruption or discontinuance of the PornDoeService at any time.
8. The PornDoeService is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by PornDoe, e.g. Affiliates and advertising partners. Any illegal and/or unauthorized use of the PornDoeService is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited e-mails or unauthorized framing or linking to the PornDoeService is prohibited.
9. As a user of the PornDoeService you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on PornDoe. You agree that PornDoe shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the Terms and Conditions contained herein. You shall not (nor others using your account) under any circumstances:
9.1 post, upload, publish, transmit or make available in any way on the PornDoeService content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial.
9.2 post, upload, publish, transmit or make available in any way on the PornDoeService software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.
9.3 post, upload, publish, transmit or make available in any way on the PornDoeService content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote and
9.4 post, upload, publish, transmit or make available in any way on the PornDoeService content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use the PornDoeService in any way that exposes the PornDoeService to criminal or civil liability.
10. The Content contained on the PornDoeService with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to PornDoe, subject to copyright and other intellectual property rights worldwide and under all applicable laws and international conventions.
11. Content on the PornDoeService and its websites may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
12. PornDoe reserves all rights not expressly granted in and to the PornDoeService its websites and the content. As a user you agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the PornDoeService for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the PornDoeService or features on the websites that prevent or restrict use or copying of any content or enforce limitations on use of the PornDoeService and its websites or the content therein.
13. The user is allowed/permitted to link to materials on the PornDoeService and its websites for personal, non-commercial purposes only, see above. Further PornDoe might provide an "Embeddable Player" feature, which the user may incorporate into his own personal, non-commercial websites for use in accessing the materials on the PornDoeService and its websites, provided that he includes a prominent link back to the the PornDoeService and its websites on the pages containing the Embeddable Player. PornDoe reserves the right to discontinue any aspect of the PornDoeService and its websites at any time. In addition, the user may not modify, build upon or block any portion of the Embeddable Player in any way.
14. The user shall be solely responsible for any and all of his User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
- you own or retain the necessary licenses, rights, consents, and permissions to use and authorize PornDoe to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the PornDoeService and its websites and these Terms and Conditions; and
- you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
- you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the PornDoeService and its websites and these Terms and Conditions. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to PornDoe, you grant PornDoe a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the the PornDoeService and its websites and PornDoe's (and its successor's) business, including without limitation for promoting and redistributing part or all of the PornDoeService and its websites (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the PornDoeService and its websites a non-exclusive license to access your User Submissions through the PornDoeService and its websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the PornDoeService and its websites and under these Terms and Conditions. The foregoing license granted by you terminates once you remove or delete a User Submission from the PornDoeService and its websites.
In submitting material (video or other communication), you further agree that you shall not under any circumstances:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PornDoe all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage PornDoe or any third party;
- submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- Impersonate another person. PornDoe does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PornDoe expressly disclaims any and all liability in connection with User Submissions. PornDoe does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PornDoe will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. PornDoe reserves the right to remove Content and User Submissions without prior notice or delay. PornDoe will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, PornDoe also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms and conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. PornDoe may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
16. You agree that PornDoe may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the Website or other PornDoe network or services at any time, for any reason, or for no reason at all, with or without notice.
17. PornDoe provides its website as a service to its users. However, PornDoe assumes no responsibility whatsoever for monitoring the PornDoe Services for inappropriate content or conduct. If at any time PornDoe chooses, in its sole discretion, to monitor the PornDoeServices, however, PornDoe assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content. PornDoe may review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
19. PornDoe reserves the right to charge for the PornDoeServices and its related websites and to change its fees from time to time in its sole discretion. Further more, in the event PornDoe terminates your rights to use the website because of a breach of this Agreement (Terms and Conditions), you shall not be entitled to the refund of any unused portion of subscription fees.
20. You represent and warrant that all of the information provided by you to PornDoe to participate in the PornDoeServices and its websites is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
22. WARRANTY DISCLAIMER YOU AGREE THAT YOUR USE OF THE PORNDOESERVICE AND ITS WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PORNDOE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PORNDOE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORNDOE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORNDOE WEBSITE. PORNDOE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORNDOE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PORNDOE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PORNDOE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PORNDOESERVICE AND ITS WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORNDOESERVICE AND ITS WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH PORNDOESERVICE AND ITS WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA PORNDOESERVICE AND ITS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PORNDOE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
24. The user agrees to defend, indemnify and hold harmless PornDoe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the PornDoeService and its website;
- your violation of any term of these Terms and Conditions;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and conditions and your use of the PornDoeService and its website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions contained herein.
26. The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PornDoe without restriction.
27. If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
28. This Agreement shall be governed by and construed in accordance with the laws of the Marshall Islands, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Ajeltake Island, Marshall Islands. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.