Legal, DMCA & Section 2257 Compliance Statement
TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
- These TOS may be revised from time to time by the Operators without notice to the User other than appearing on the Service. It is the User’s responsibility to regularly check the Service and to review the TOS in their current version as published on the Service. The User’s continued use of the Service constitutes the User’s agreement to all revisions to the TOS. The TOS were last revised on 2015, March 5.
- By accessing the Service the User represents and warrants to the Operators that the User is at least 21 years old, that the User has reached the legal age determined by the governing law of the User’s country of residence to view sexually explicit material, that the User is accessing the Service from a location where the content of the Service is legal and permitted, and that the User will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by the Service from jurisdictions where any contents of the Service are illegal is prohibited.
PROVISION AND MODIFICATION OF THE SERVICE
- The Operators offers two parts of the Service for access by Users: (i) the free usage of certain features of the Service without registration and subscription (“Free Site”) and; (ii) the paid usage of certain features of the Service only accessible to registered Users who have bought a subscription (“Paid Site”).
- The User may, in accordance with these TOS, view content provided through the Service and, to the extent permitted by the Operators in writing, download content or portions of content provided by the Service, to a single personal computer or other viewing device. The User may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
- The User agrees that the Service is provided to the User on an as-is and as-available basis. The User agrees that the Operators herewith disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. The Operators 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 Service, and the User agrees that the Operators will not be liable for any such services, software, content, or advertising.
- The Operators reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the Paid Site) with or without notice. The Service may be subject to interruptions, caused by the Operators or others. The User agrees that the Operators will not be liable for any modification, suspension, interruption or discontinuance of the Service.
GENERAL CONDITIONS FOR USE OF THE SERVICE
The Operators grants to the User permission to access and use the Service as set forth in these TOS subject to the fulfillment, at any time, of the User’s representations and warranties to the Operators as follows:
- The User has the capacity and authority to agree to these TOS and to perform any acts required on the part of the User hereunder.
- All user and other information provided by the User to the Operators is accurate and will be kept current by the User at all times.
- The User will access and use the Service solely for its own personal use.
- The User will comply with all applicable laws and regulations in using the Service and any content of the Service.
- The User will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
- The User will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
- The User will not use any automated system, software, or device to generate or send unsolicited communications to, from, through or on behalf of the Service.
- The User will not collect personally identifiable information, including without limitation account names and e-mail addresses, from the Service.
- The User will not defeat or interfere with any security feature of the Service, or attempt to do so.
- The User will not alter or modify any content or component of the Service.
- The User will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content or any component of the Service, or any use of or any access to the Service, without the prior written permission of the Operators.
- The User may not maintain more than one account with the Service. The User may not open a new or additional account with the Service after the User’s account has been terminated for any reason.
USE OF SERVICE AND REGISTRATION
- The Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. The User is responsible for its own use of the Service.
- In order to use the Paid Site the User must first register and open a user account on the Service (“Registration”). Upon Registration the User shall select and pay for a subscription plan for using the Paid Site (“Subscription”) and a password for its user account. The User is obliged to keep this password secret. The Operators shall not disclose the password to any third party and the Operators shall not ask for the User's password at any time.
- The User warrants and represents to the Operators that all of the data provided by the User for Registration is accurate and complete. The User shall report any changes in the registration data to the Operators without undue delay.
- Each User is entitled to one Registration and one Subscription only and the User may only establish one (1) user account.
SUBSCRIPTION FEES AND PAYMENT
- Registered Users shall pay to the Operators periodic fees in connection with the use of the Paid Site (“Subscription Fees”). Subscription Fees for the User’s use of the Paid Site shall be according to the subscription plan selected by the User upon Registration or at any time thereafter through the Service. Subscription Fees may be reduced for an initial time period (“Trial Period”).
- All Subscription Fees are due for payment by credit card at the beginning of each subscription period as specified in the registration process. Subscription Fees are inclusive of VAT, if any, but exclusive of other taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”). The User shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than VAT and any taxes based on Operators’s own income.
- The User’s credit card will be immediately charged at Registration and at the beginning of each subscription period. Subscription Fees shall be automatically renewed at the end of any subscription period, for a similar period of time, unless notice of cancellation is received from the User. Unless and until the Subscription for the Paid Site is terminated in accordance with these TOS, the User hereby authorizes the Operators to charge the User’s credit card to pay for the Subscription Fees for any following subscription period.
- The name of the Operators, the name of SSL Secure Billing or the name of any other payment service provider the Operators uses from time to time will appear on the User’s credit card statement. Any other information may appear on the User’s credit card statement based on credit card association, NACHA and any other mandated rules and regulations.
- Users will be emailed a receipt for any Subscription Fees. The User may request a copy of the account of charges of their use of the Paid Site. The Operators does not guarantee the availability of such records after more than 365 days following the charge of the User’s credit card.
- Upon termination of the Subscription, any unused prepaid Subscription Fees will be refunded to the User no later than thirty (30) days from the date of termination. The refund amount will be the difference between the prepaid Subscription Fees and the pro-rated portion of the Subscription Fees due for use of the Paid Site up to the date of termination calculated on a daily basis as the number of days in the current term prior to the date of termination divided by the total number of days in the current term. The User shall not be entitled to claim reimbursement of any advance payments if the Operators has terminated or blocked the Subscription for good cause.
RIGHTS TO THE CONTENT ON THE SERVICE
- All content and components of the Service ("Service Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by the Operators, or are licensed to the Operators subject to copyrights or other intellectual property rights held by others. The Operators reserves all rights to the Service Content and any other component or content of the Service not expressly granted to the User by these TOS.
- The Operators provides the Service for the personal, non- commercial use of viewers, visitors, subscribers or potential subscribers of the Service. The User is granted a personal, non-exclusive, nontransferable license to view, on a single computer or other viewing device only, the content of the Service. The Operators reserves the right to limit the amount of materials viewed or accessible. Commercial use of any content or other component of the Service is strictly prohibited. In addition, the User may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publicly display or perform, distribute, or prepare derivative works from any of the content or other component of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. The Operators reserves the right to terminate this license at any time, in particular if the User breaches or violates any provision of these TOS, in which case the User will be obliged to immediately destroy any materials it has obtained from the Service.
OBJECTIONABLE OR INAPPROPRIATE CONTENT
- By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. The User will use caution and common sense and exercise proper judgment when using the Service. The Operators does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. The User acknowledges that any use of or reliance on material provided by the Service will be at its own risk.
- If the User believes any content provided by the Service is illegal or violates these TOS, the User may inform the Operators by using its contact form. The Operators will review the User’s message and the content to which the User objects (provided it is still available through the Service). The Operators may remove the content if, in the Operators’s judgment, it is illegal or otherwise inappropriate. The User understands that deciding whether content is inappropriate is a judgment call, and that the Operators is not legally responsible for content that it does not originate. Neither is the Operators legally responsible for removing content that it deems inappropriate from the Service.
- The Operators reserves the right to access, read, preserve, disclose and otherwise process any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of the Operators, its users and the general public. The User agrees that the Operators will not be liable for exercising or failing to exercise any of these rights.
NAMES AND TRADEMARKS
The logos and product or service names used for the Service or otherwise on PornHDPrime.com are trademarks owned by the Operators. All other trademarks used in the Service or otherwise on PornHDPrime.com are trademarks of their respective owners and the Operators’s reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
SPONSORS, ADVERTISERS AND THIRD PARTIES
- The Service may provide links to sponsor, advertiser, or other third-party websites that are not owned or controlled by the Operators. Inclusion of, linking to, or permitting the use or installation of any third-party website, application, software, advertising or other content does not imply any approval or endorsement thereof by the Operators. The Operators has no control over, and assumes no responsibility for any such third-party content including the privacy policies and practices of any third parties. By accessing or using the Service, the User agrees to release the Operators from any and all liability arising from the User’s use of any third-party website, content, service, or software accessed through the Service.
- The User’s communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between the User and such third parties. The User agrees that the Operators will not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
TERM AND TERMINATION
- Any Subscription shall run for the period selected by the User when making the Registration or at any time thereafter. If the User does not terminate its Subscription within the Trial Period, the User’s Subscription is automatically converted upon the end of the Trial Period into a Subscription with a monthly subscription period. After the end of any Subscription period which is not a Trial Period, the Subscription to the Service will be automatically extended by a Subscription period of the same length as the previous period, unless amended by the User or terminated in due time by the User or the Operators.
- The User may terminate the Subscription at any time without cause. The User may deliver notice of termination using the contact form available through the Service at any time. The termination notice shall include the User’s registered name and an email address of the User registered on the Service.
- The Operators may, in its sole discretion, terminate the Subscription and the User’s access to the Service in general, delete any information that the User has placed in its account, and/or prohibit the User from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
DISCLAIMER OF WARRANTIES
- The User expressly understands and agrees that its use of the Service is at the User’s sole risk. The Service is provided on an as-is and as-available basis. The Operators expressly disclaims any and all warranties of any kind for the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- In particular, and without limitation, the Operators makes no warranty that: (1) the Service will meet the User’s requirements; (2) the Service will be uninterrupted, timely, secure and error-free; (3) the results that may be obtained from the use of the Service will be accurate and reliable; (4) the quality of any products, services, information or other material obtained by the User through the Service will meet the User’s expectations; (5) any errors in the contents or components of the Service will be corrected; or (6) the Service is free of viruses and other harmful components.
- No advice or information, oral or written, obtained by the User from the Operators will create any warranty not expressly stated in these TOS.
LIMITATION OF LIABILITY
- The User expressly understands and agrees that the Operators will not be liable for: (1) any criminal or other offences or any non-compliance with applicable laws the User is accused of or convicted for and; (2) any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Operators has been advised of the possibility of such damages), in each case resulting from the use by the User of or its inability to use the Service.
- In particular, and without limitation, the Operators will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the Service, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of any of the User’s postings, transmissions or data; (3) content or conduct of any third party provided through the Service; or (4) as otherwise indicated in these TOS.
- Under no circumstances will the Operators’s total liability for any and all claims by the User arising out of or related to these TOS or the use of the Service exceed the greater of: (1) the amount paid by the User to the Operators for using the Service and; (2) the amount of US$ 100
EXCLUSIONS AND LIMITATIONS
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations on liability and damages contained in these TOS may not apply to the User and these TOS will apply to the furthest extent permitted by the jurisdiction applying for the relationship between the Operators and the User.
- The provisions of these TOS that provide for limitations of liability, disclaimers of warranties, or exclusion of damages allocate risks between the User and the Operators. That allocation is reflected in the delivery of free content to the User by the Operators, and is an essential element of the transactions between the User and the Operators. Each of the provisions of these TOS is severable and independent of all other provisions of these TOS. The limitations of liability, disclaimers of warranties, or exclusion of damages in these TOS will apply notwithstanding any failure of essential purpose of any limited remedy under these TOS.
The User agrees to hold harmless and indemnify the Operators, and its subsidiaries, affiliates, officers, agents, and employees from and against any third- party claim arising from or in any way related to the User’s use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. The Operators will make reasonable efforts to provide the User with written notice of any such claim, suit or action, but the failure of the Operators to provide such notice will not relieve the User of these obligations.
I If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the User and the Operators nevertheless agree that the court should endeavor to give effect to the their intentions as reflected in the relevant provision, and the other provisions of the TOS remain in full force and effect.
The failure of the Operators to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision.
CHOICE OF LAW
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Illinois, without giving effect to conflict of laws provisions.
ARBITRATION AND CLASS ACTION WAIVER
- The User and the Operators agree that disputes between them will be resolved through binding and final arbitration instead of through court proceedings. The User and the Operators hereby waive any right to a jury trial of any dispute between them that is subject to this arbitration agreement. Neither the User nor the Operators may bring a claim against the other as a class action. Neither the User nor the Operators may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between them.
- As used in this Clause 19, the terms "Operators" and "User" include the Operators’s and the User’s respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This Clause 19 will be interpreted broadly, and will encompass all disputes between the User and the Operators, including, but not limited to claims that relate in any way to the relationship between the User and the Operators, the User’s use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
- This Clause 19 does not preclude the User from seeking action by United States federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from the Operators on the User’s behalf. Moreover, the User and the Operators have the right to bring qualifying claims in small claims court.
- Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS Foundation dispute resolution service pursuant to the JAMS Arbitration Administrative Policies and, unless otherwise agreed in writing by the parties, to the applicable JAMS Arbitration Rules and Procedures. To initiate arbitration, the User or the Operators must submit a claim to JAMS, 71 S. Wacker-Drive Suite 3090, Chicago, IL 60606, with notice to the other party by certified mail.
- These TOS may evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless the parties agree otherwise, the arbitrator may not join the User’s claim(s) or the Operators’s claim(s) with any other claim, and may not preside over any representative or class proceedings. The payment of fees and other costs to JAMS will be governed by the JAMS rules.
- In issuing any award, the arbitrator will issue a written decision that is sufficiently detailed to inform both the User and the Operators of the award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.
CONTACTING THE OPERATOR
For any questions or concerns about these TOS or the Service, please contact the Operators using the contact form.