Introduction.
Please read these terms of service carefully as this document is a binding legal agreement (the “Agreement”) between you and Sinful Digital, LLC (the “Company”) before, after or while accessing pornstarspot.com. (the “Site”)
GENERAL AGREEMENT
- Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
- Binding Agreement. The Agreement spells out the terms and conditions to which you and all users of this site (the “Site”) are expected to adhere. By creating a free account or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement, and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.
- Changes to Service. The Company is continually testing, modifying and changing the Site and Service, including without limitation service levels, the Content, and delivery methods. By using the Site and Service, and entering into this Agreement, you agree that the Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company.
- Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time. Changes are effective upon notice to you by email, posting, or made available as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
SITE CONTENT
- Nature of Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE “CONTENT”) INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
- Use of Content. The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
- Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney’s fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
USER GENERATED CONTENT
- Nature of Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE “CONTENT”) INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
- Submissions. You acknowledge that any user-generated content that you transmit, including comments, forum messages, text, email, video, audio, photographs, or other types of media to the Company (“Submission”) may be edited, removed, modified, published, transmitted and displayed by the Company and you waive any rights you may have in the material. The Company reserves the right (but not the obligation) to delete, move, or revise any Submission at its sole discretion without notice. You may not infringe on any party’s intellectual property or other rights and must adhere to the warranties listed under V. REPRESENTATION AND WARRANTIES, as described below. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to release, indemnify, and hold harmless the Company and its agents for all claims resulting from the content you supply.
- License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty-free, perpetual, and fully sublicensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.
- Your Warranties. You hereby represent, warrant, and affirm (the “Warranties”):
- that you are at least 18 years old and the age of majority in your community;
- that it is legal to view the materials where you are located;
- that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;
- that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:
- Violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
- Plagiarize any material owned by any third party or the Company;
- Contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
- Otherwise harm or be reasonably expected to harm any person or entity;
- Contain 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);
- Contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site and/or Service;
- Contain materials irrelevant to the designated topic or theme of the relevant public forum;
- Violate any specific restrictions applicable to a public forum; or
- Constitute antisocial, disruptive or destructive behavior, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
- Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.
- Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, “Indemnified Parties”), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney’s fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
- Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
- No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD-PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD-PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD-PARTY SITE’S ADMINISTRATOR OR WEBMASTER.
- The Company’s Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
- Nature of Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE “CONTENT”) INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
SECURITY AND PRIVACY
- Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at the Company’s sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else’s use of your account or password.
- Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s privacy policy can be found at www.pornstarspot.com/privacy and is expressly incorporated into the Agreement by this reference.
GENERAL
- Governing Law; Dispute Resolution. The validity, construction, performance, and breach of this Agreement shall be governed by the internal laws of the State of Maryland, without regard to conflicts or choice of law principles, except that the Federal Arbitration Act will govern all provisions relating to arbitration.
- Miscellaneous. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that the Agreement shall remain in full force and effect. These terms of service, together with the Privacy Policy at www.pornstarspot.com/privacy, and any other legal notice published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning your use of the Service. The Company will not be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control if it makes reasonable efforts to perform. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s delay in asserting any right or provision under this Agreement shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND SINFUL DIGITAL, LLC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ACKNOWLEDGED AND AGREED
You are electronically signing this Agreement by visiting pornstarspot.com or accessing this site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER.