Terms of Service
1. Acceptance
By using and/or
visiting the PornHeli website (collectively, including but not limited to all
Content, Uploads and User Submissions available through mrporngeek.com, “PornHeli”,
the website) you agree to the terms and conditions contained herein and the
terms and conditions of PornHeli’s privacy policy incorporated herein, 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,
please leave PornHeli immediately.
The terms and
conditions of this agreement are subject to change by PornHeli at any time in
its sole discretion and you agree to 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, please leave PornHeli
immediately. The terms and conditions contained herein apply to all users of PornHeli
whether a ‘visitor’ or a ‘member’ and you are only authorized to use
mrporngeek.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 PornHeli
website is a review portal that reviews and ranks various websites, platforms,
networks, communities and so on in fields including, but not limited to, adult
entertainment, escorting, erotica, dating and online webcam streams. This
content is intended to be used by users visiting PornHeli to learn about new
websites and places to find various goods and services. PornHeli does not
guarantee service by recommendations of third-parties, nor can it be held
liable in any way for anything that you do with these third-parties.
We assume no
responsibility for any content, privacy policy, practices or anything else
related to third-parties that are linked to or otherwise mentioned by PornHeli.
By using mrporngeek.com, you acknowledge that we cannot be held liable for any
and all liabilities that arise from your interaction and engagement with
third-parties.
PornHeli is for
your personal use and shall not be used for any commercial endeavor, except
those specifically endorsed or approved by PornHeli. Any illegal and/or
unauthorized use of PornHeli’s name, content, likeness or other identifiable
characteristics is prohibited including, but not limited, to collecting
usernames and e-mail addresses for sending unsolicited emails or unauthorized
framing or linking to the PornHeli 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. Please leave immediately.
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
content available on PornHeli. You agree that you shall not (nor others using
your account) post, upload, publish, transmit or make available in any way on PornHeli
content which is illegal, unlawful, harassing, harmful, threatening, tortuous,
abusive, defamatory, obscene, libelous, invasive of one’s privacy including but
not limited to the release of names, dates of births, addresses, email
addresses or other personally identifying information. You also agree that you
shall not post, upload, publish, transmit or make available in any way on PornHeli
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 PornHeli
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 PornHeli
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 PornHeli in any way that exposes PornHeli to
criminal or civil liability.
You agree that PornHeli
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 PornHeli with the exception of user aubmissions 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 PornHeli, 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. PornHeli 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 PornHeli or features that prevent or restrict use or copying
of any content or enforce limitations on use of the PornHeli website or the
content therein.
6. User
submissions
PornHeli
permits the submission of content 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, PornHeli does not
guarantee any confidentiality with respect to any submissions.
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 PornHeli
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 PornHeli, you hereby grant PornHeli
a worldwide, non-exclusive, royalty-free, sub-licensable and transferable
license to use, reproduce, distribute, prepare derivative works of, display,
and perform the user submissions in connection with the PornHeli Website and PornHeli’s
(and its successor’s) business, including without limitation for promoting and
redistributing part or all of the PornHeli Website (and derivative works
thereof) in any media formats and through any media channels. You also hereby
grant each user of the PornHeli 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 PornHeli 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 PornHeli all of the license rights granted
herein;
·
publish
falsehoods or misrepresentations that could damage PornHeli 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.
PornHeli does
not endorse any user submission or any opinion, recommendation, or advice
expressed therein, and PornHeli expressly disclaims any and all liability in
connection with user submissions. PornHeli does not permit copyright
infringing activities and infringement of intellectual property rights on its
website, and PornHeli will remove all content and user submissions if properly
notified that such content or user submission infringes on another’s
intellectual property rights. PornHeli reserves the right to remove content
and user submissions without prior notice or delay. PornHeli may also
terminate a user’s access to its website, if they are determined to be an
infringer.
While
pornographic and adult content are accepted, PornHeli 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,
excessive length or excessive file size. PornHeli 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 PornHeli, you will be exposed to user
submissions from a variety of sources, and that PornHeli 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 PornHeli
with respect thereto, and agree to indemnify and hold PornHeli, 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 PornHeli
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 PornHeli
network or services at any time, for any reason, or for no reason at all, with
or without notice.
PornHeli
provides its website as a service to its users. However, PornHeli assumes no
responsibility whatsoever for monitoring the PornHeli services for
inappropriate content or conduct. If at any time PornHeli chooses, in its sole
discretion, to monitor the PornHeli services, however, PornHeli 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. PornHeli 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 PornHeli to use,
reuse, post, publish or upload any User Submissions on any other website owned
or controlled by PornHeli or on any website with whom PornHeli 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. PornHeli 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 PornHeli will be terminated if, under appropriate conditions, the user is
determined to have infringed repeatedly. PornHeli 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, or excessive
size. PornHeli 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
PornHeli abides
by a ZERO TOLERANCE policy relating to any illegal content. Child pornography,
bestiality, non-simulated rape, torture, snuff, death and/or any other type of
obscene and/or illegal material shall not be tolerated by PornHeli. PornHeli
shall not condone child pornography and will cooperate with all governmental
agencies that pursue those who produce and distribute child pornography.
9. Fees
You acknowledge
that PornHeli reserves the right to charge for some or all PornHeli services
and to change its fees from time to time at its discretion. Furthermore, in the
event PornHeli 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 PornHeli to
participate in the PornHeli 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 PornHeli, you must agree to the terms of PornHeli’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 PornHeli
with regard to its users may be disclosed in accordance with the PornHeli
Privacy Policy.
11. Warranty
disclaimer
YOU AGREE THAT
YOUR USE OF THE PornHeli WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, MRPORNGEEK.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. MRPORNGEEK.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 PornHeli WEBSITE. PornHeli DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE PornHeli WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND PornHeli 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 PornHeli 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
PornHeli, 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 PornHeli 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 PornHeli 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 PornHeli, 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 PornHeli 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;
·
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 PornHeli 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 PornHeli 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.