Terms
1. ACCEPTANCE
By using and/or visiting the Best Porn Flix website (collectively, including but not limited to all Content, Uploads and User Submissions available through bestpornflix.com, "Best Porn Flix", the website) you agree to the terms and conditions contained herin and the terms and conditions of Best Porn Flix's privacy policy incorporated herin, and all future amendments and modifications (collectively referred to as the "Agreement"). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use bestpornflix.com.
The terms and conditions of this Agreement are subject to change by Best Porn Flix at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use bestpornflix.com.
The terms and conditions contained herein apply to all users of Best Porn Flix whether a 'visitor' or a 'member' and you are only authorized to use bestpornflix.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION
The Best Porn Flix website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, Best Porn Flix contains video content, information and other materials posted/uploaded by users. Best Porn Flix allows its users to view the Content and Website subject to the terms and conditions of this Agreement.
The Best Porn Flix website may also contain certain links to third party websites which are in no way owned or controlled by Best Porn Flix. Best Porn Flix assumes no responsibility for the content, privacy policies, practices of any and all third party websites. Best Porn Flix cannot censor or edit the content of third party sites. You acknowledge that Best Porn Flix will not be liable for any and all liability arising for your use of any third-party website.
Best Porn Flix is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by bestpornflix.com. Any illegal and/or unauthorized use of Best Porn Flix is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Best Porn Flix website is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
4. CONDUCT
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing, transmitting or other making them available on Best Porn Flix. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Best Porn Flix 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. You also agree that you shall not post, upload, publish, transmit or make available in any way on Best Porn Flix 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. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Best Porn Flix 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, You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Best Porn Flix 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 Best Porn Flix in any way that exposes Best Porn Flix to criminal or civil liability.
You agree that Best Porn Flix 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.
5. INTELLECTUAL PROPERTY
The Content contained on the Best Porn Flix 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 Best Porn Flix, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and 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. Best Porn Flix reserves all rights not expressly granted in and to the Website and the Content. 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 Website 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 Best Porn Flix or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Best Porn Flix Website or the Content therein.
6. USER SUBMISSIONS
Best Porn Flix permits the submission of video and other communications and the hosting, sharing and publishing of such user submissions. You understand that whether or not such User Submissions are published and/or uploaded, Best Porn Flix does not guarantee any confidentiality with respect to any submissions.
Best Porn Flix allows/permits you to link to materials on the Website for personal, non-commercial purposes only. More over, Best Porn Flix provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Best Porn Flix website on the pages containing the Embeddable Player. Best Porn Flix reserves the right to discontinue any aspect of the Best Porn Flix website at any time. In addition, you may not modify, build upon or block any portion of the Embeddable Player in any way.
You shall be solely responsible for any and all of your own 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 Best Porn Flix 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 Website and these Terms of Service; 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 Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to Best Porn Flix, you hereby grant Best Porn Flix 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 Best Porn Flix Website and Best Porn Flix's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Best Porn Flix Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Best Porn Flix Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Best Porn Flix Website.
In submitting material (video or other communication), you further agree that you shall not:
- 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 Best Porn Flix all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Best Porn Flix 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.
Best Porn Flix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Best Porn Flix expressly disclaims any and all liability in connection with User Submissions. Best Porn Flix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Best Porn Flix will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Best Porn Flix reserves the right to remove Content and User Submissions without prior notice or delay. Best Porn Flix 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, Best Porn Flix 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 of Service 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. Best Porn Flix may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using bestpornflix.com, you will be exposed to User Submissions from a variety of sources, and that Best Porn Flix is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Best Porn Flix with respect thereto, and agree to indemnify and hold Best Porn Flix, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that Best Porn Flix 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 Best Porn Flix network or services at any time, for any reason, or for no reason at all, with or without notice.
Best Porn Flix provides its website as a service to its users. However, Best Porn Flix assumes no responsibility whatsoever for monitoring the Best Porn Flix Services for inappropriate content or conduct. If at any time Best Porn Flix chooses, in its sole discretion, to monitor the Best Porn Flix Services, however, Best Porn Flix 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. Best Porn Flix 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.
You further understand, acknowledge, agree and specifically authorize Best Porn Flix to use, reuse, post, publish or upload any User Submissions on any other website owned or controlled by Best Porn Flix or on any website with whom Best Porn Flix has an agreement with respect to User Submissions content or sponsor uploaded video. In addition, User submission is deemed to include any sponsored or otherwise branded uploaded videos. Best Porn Flix reserves the right to determine as its discretion on what basis would a User submissions or an uploaded video might be shared with other websites (rating, number of views, user reviews, etc.).
7. ACCOUNT TERMINATION POLICY
A User's access to Best Porn Flix will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. Best Porn Flix reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Best Porn Flix 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.
8. POLICY
Best Porn Flix abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Best Porn Flix. Best Porn Flix shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.
9. FEES
You acknowledge that Best Porn Flix reserves the right to charge for Best Porn Flix services and to change its fees from time to time in its discretion. Further more, in the event Best Porn Flix terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
10. WARRANTIES
You represent and warrant that all of the information provided by you to Best Porn Flix to participate in the Best Porn Flix website 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.
As a condition to using the Best Porn Flix, you must agree to the terms of Best Porn Flix's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Best Porn Flix with regard to its users may be disclosed in accordance with the Best Porn Flix Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE BEST PORN FLIX WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BESTPORNFLIX.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BESTPORNFLIX.COM 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 OUR 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 BEST PORN FLIX WEBSITE. BEST PORN FLIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEST PORN FLIX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEST PORN FLIX 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 BEST PORN FLIX 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.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL BEST PORN FLIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 OUR 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 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 THE BEST PORN FLIX 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 BEST PORN FLIX 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.
13. INDEMNITY
You agree to defend, indemnify and hold harmless Best Porn Flix, 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 Best Porn Flix Website;
- your violation of any term of these Terms of Service;
- 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 of Service and your use of the Best Porn Flix 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 of Service, and to abide by and comply with these Terms and Conditions contained herein.
14. ASSIGNMENT
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 Best Porn Flix without restriction.
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.
