Terms of Use
1. ACCEPTANCE
By using and/or visiting the PorkPort website (collectively, including but not
limited to all Content, Uploads and User Submissions available through
PorkPort.com, "PorkPort", the website) you agree to the terms and conditions
contained herin and the terms and conditions of PorkPort'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 PorkPort.com.
The terms and conditions of this Agreement are subject to change by PorkPort 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
PorkPort.com.
The terms and conditions contained herein apply to all users of PorkPort whether
a 'visitor' or a 'member' and you are only authorized to use PorkPort.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 PorkPort 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, PorkPort contains video content, information and other materials
posted/uploaded by users. PorkPort allows its users to view the Content and
Website subject to the terms and conditions of this Agreement.
The PorkPort website may also contain certain links to third party websites
which are in no way owned or controlled by PorkPort. PorkPort assumes no
responsibility for the content, privacy policies, practices of any and all third
party websites. PorkPort cannot censor or edit the content of third party sites.
You acknowledge that PorkPort will not be liable for any and all liability
arising for your use of any third-party website.
PorkPort.com is for your personal use and shall not be used for any commercial
endeavor except those specifically endorsed or approved by PorkPort.com. Any
illegal and/or unauthorized use of PorkPort is prohibited including but not
limited to collecting usernames and e-mail addresses for sending unsolicited
emails or unauthorized framing or linking to the PorkPort 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 PorkPort. You agree that you shall not (nor
others using your account) post, upload, publish, transmit or make available in
any way on PorkPort 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 PorkPort 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
PorkPort 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
PorkPort 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 PorkPort in any way that exposes
PorkPort to criminal or civil liability.
You agree that PorkPort 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 PorkPort 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 PorkPort, 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. PorkPort 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 PorkPort or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the PorkPort Website or the Content
therein.
6. USER SUBMISSIONS
PorkPort 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, PorkPort
does not guarantee any confidentiality with respect to any submissions.
PorkPort allows/permits you to link to materials on the Website for personal,
non-commercial purposes only. More over, PorkPort 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 PorkPort website on the pages containing
the Embeddable Player. PorkPort reserves the right to discontinue any aspect of
the PorkPort 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 PorkPort 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
PorkPort, you hereby grant PorkPort 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 PorkPort Website and PorkPort's (and its successor's) business,
including without limitation for promoting and redistributing part or all of the
PorkPort Website (and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the PorkPort 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 PorkPort 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 PorkPort all of the license
rights granted herein; publish falsehoods or misrepresentations that could
damage PorkPort 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.
PorkPort does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and PorkPort expressly disclaims any and all liability
in connection with User Submissions. PorkPort does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and PorkPort will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. PorkPort reserves the right to remove Content and
User Submissions without prior notice or delay. PorkPort 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, PorkPort 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. PorkPort 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 PorkPort.com, you will be exposed
to User Submissions from a variety of sources, and that PorkPort 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
PorkPort with respect thereto, and agree to indemnify and hold PorkPort, 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 PorkPort 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 PorkPort network or services at any time, for any reason,
or for no reason at all, with or without notice.
PorkPort provides its website as a service to its users. However, PorkPort
assumes no responsibility whatsoever for monitoring the PorkPort Services for
inappropriate content or conduct. If at any time PorkPort chooses, in its sole
discretion, to monitor the PorkPort Services, however, PorkPort 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. PorkPort 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.
7. POLICY
PorkPort 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 PorkPort. PorkPort
shall not condone child pornography and will cooperate with all governmental
agencies that seek those who produce child pornography.
8. FEES
You acknowledge that PorkPort reserves the right to charge for PorkPort services
and to change its fees from time to time in its discretion. Further more, in the
event PorkPort 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.
9. WARRANTIES
You represent and warrant that all of the information provided by you to
PorkPort to participate in the PorkPort 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 PorkPort, you must agree to the terms of PorkPort'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
PorkPort with regard to its users may be disclosed in accordance with the
PorkPort Privacy Policy.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE PorkPort WEBSITE SHALL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, PorkPort, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. PorkPort 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, (IV) 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 PorkPort WEBSITE. PorkPort DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE PorkPort WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PorkPort 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 PorkPort 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.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL PorkPort, 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 PorkPort WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER ORNOT 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 PorkPort
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. INDEMNITY
You agree to defend, indemnify and hold harmless PorkPort, 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 PorkPort 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 PorkPort 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.
13. 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
PorkPort 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.