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Welcome to Pornseum! These Terms of Service ("Terms") govern your use of the website located at Pornseum.com (the "Site") and any related services provided by Pornseum ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. Eligibility
You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Site. By accessing and using the Site, you represent and warrant that you meet this age requirement.
2. User Accounts
To access certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3. User-Generated Content
Pornseum allows users to upload, share, and sell content, including videos, cam footage, photos, and stories ("User Content"). By uploading User Content, you affirm, represent, and warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use and authorize Pornseum to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms;
- You have written consent, release, and/or permission from each and every identifiable individual person in the User Content to use their name or likeness for the use of the User Content in the manner contemplated by the Site and these Terms.
4. Prohibited Conduct
By using the Site, you agree not to:
- Post, upload, or share any content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, incites violence, or contains nudity or graphic or gratuitous violence;
- Engage in any activity that exploits, harms, or threatens to harm children;
- Transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Attempt to gain unauthorized access to any portions of the Site to which you have not been granted access;
- Use the Site for any commercial purposes not expressly permitted by Pornseum;
- Engage in any activity that violates any applicable law or regulations.
5. Intellectual Property
All materials on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of Pornseum or its content suppliers and are protected by international copyright laws. The compilation of all content on the Site is the exclusive property of Pornseum and is protected by international copyright laws. All software used on the Site is the property of Pornseum or its software suppliers and is protected by international copyright laws.
6. Termination
We reserve the right to terminate or suspend your account and access to the Site without prior notice or liability, for any reason, including but not limited to if you breach the Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may discontinue using the Site.
7. Disclaimer of Warranties
The Site is provided on an "as is" and "as available" basis. Pornseum makes no representations or warranties of any kind, whether express, implied, or statutory, regarding the Site or the content contained therein, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Pornseum does not warrant that the Site will be uninterrupted, error-free, or secure, nor does Pornseum make any warranty as to the accuracy, reliability, or currency of any information on the Site.
8. Limitation of Liability
In no event shall Pornseum, its owners, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
9. Indemnification
You agree to indemnify, defend, and hold harmless Pornseum, its owners, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
10. Modifications to the Site
Pornseum reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Pornseum shall not be liable for any modification, suspension, or discontinuance of the Site or any part thereof.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Pornseum operates, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction.
12. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall continue in full force and effect.
13. Entire Agreement
These Terms constitute the entire agreement between you and Pornseum regarding your use of the Site and supersede any prior or contemporaneous understandings and agreements between you and Pornseum with respect to the subject matter hereof.
14. Contact Information
If you have any questions about these Terms, please contact us at compliance@pornseum.com.
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
15. Privacy Policy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
16. Changes to the Terms
Pornseum reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms.
17. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Pornseum. Pornseum has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pornseum shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
18. User Disputes
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
19. Waiver and Severability
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Pornseum's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full effect and such provision will be enforced to the maximum extent possible to effect the intent of the parties.
20. Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Pornseum without restriction.
21. Acknowledgement
By using Pornseum.com, you acknowledge that you have read these Terms of Service and agree to be bound by them.
22. Notices
All notices to you will be sent via email to the address you provide to us during the registration process and will be deemed given when dispatched. You may give notice to Pornseum by emailing us at compliance@pornseum.com or by mail at our physical address provided on the Site.
23. Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at support@pornseum.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Pornseum and you hereby assign all of your right, title, and interest in and to all Feedback to us.
24. Prohibited Uses
As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair any Pornseum server, or the network(s) connected to any Pornseum server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to any accounts, computer systems, or networks connected to any Pornseum server or to the Site through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
25. International Use
This Site is controlled and operated from facilities in the United States. Pornseum makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
26. Miscellaneous
These Terms do not create any agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and Pornseum. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall be interpreted in accordance with their fair meaning and shall not be interpreted strictly for or against either party.
27. Contact Us
If you have any questions about these Terms, please contact us at:
Email: compliance@pornseum.com
We reserve the right to update or amend these Terms at any time, and any such changes will be posted on this page. It is your responsibility to review these Terms periodically. Your continued use of the Site after any modifications indicates your acceptance of the new Terms.
28. Survival
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
29. Electronic Communications
By using the Site, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
30. Force Majeure
Pornseum shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pornseum's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
By continuing to use the Site, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please discontinue using the Site.
31. User Responsibility
You are solely responsible for your conduct and any data, text, files, information, usernames, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials (collectively, "Content") that you submit, post, or display on or via the Site. Pornseum does not claim ownership of any Content that you post on or through the Site. Instead, you hereby grant to Pornseum a non-exclusive, fully paid, and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Site, subject to the privacy provisions of our Privacy Policy.
32. Content Removal
Pornseum reserves the right, but has no obligation, to monitor, edit, or remove any activity or Content at its sole discretion, if it believes that such activity or Content may violate these Terms, or may pose a risk to the safety of users of the Site, infringe upon the rights of third parties, or violate applicable laws and regulations.
33. Governing Language
Any translation of these Terms is provided solely for your convenience. To the extent there is any inconsistency between the English version of these Terms and any translated version, the English version shall govern and control.
34. Third-Party Services
The Site may provide links to third-party websites or services, including payment processors, that are not owned or controlled by Pornseum. Pornseum has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Site, you expressly relieve Pornseum from any and all liability arising from your use of any third-party website or services.
35. Advertising
Some of the services provided by Pornseum are supported by advertising revenue and may display advertisements and promotions. You agree that Pornseum may place such advertising and promotions on the Site or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
These Terms of Service, along with the Privacy Policy, constitute the entire agreement between you and Pornseum and govern your use of the Site, superseding any prior agreements between you and Pornseum. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Pornseum services, affiliate services, third-party content, or third-party software.
36. Compliance with Laws
You agree to comply with all applicable local, state, national, and international laws and regulations regarding your use of the Site and any Content you upload or share on the Site.
37. Reporting Violations
If you become aware of any misuse of the Site, including any prohibited conduct by other users, please report it to compliance@pornseum.com.
38. No Third-Party Beneficiaries
These Terms are between you and Pornseum and no third party will be considered a beneficiary of these Terms.
39. Waiver and Severability of Terms
The failure of Pornseum to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
40. Independent Contractors
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship. Each party is an independent contractor and not an agent or employee of the other party.
41. Assignment
Pornseum may assign any or all of its rights and obligations hereunder to any party without your consent. These Terms will inure to the benefit of, and be binding upon, the successors and assigns of the parties thereto.
42. Dispute Resolution
Any disputes arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be [Location], and the language of arbitration shall be English.
43. Non-Waiver
The failure of Pornseum to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Pornseum.
44. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: compliance@pornseum.com
Thank you for using Pornseum.com. We hope you have a safe and enjoyable experience on our platform.
45. Acknowledgment
By using Pornseum.com, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions.
Thank you for choosing Pornseum.com. We appreciate your trust and look forward to providing you with a safe and satisfying online experience. Your adherence to these Terms of Service helps ensure that our community remains respectful and safe for everyone.
Last updated: June 19, 2024
