TERMS OF USE


  1. Your acceptance of these terms and conditions.
    Use of TotalPorns' service (the "Service") in any manner, and whether at the TotalPorn.com website or through a third party website or other interface, you certify that
    1. you are at least 18 years of age,
    2. if you are providing access to the Service to any person who is under 13 years of age, you are such person's parent or legal guardian and you consent to the use of the Service by such person only under your direct supervision and subject to any reasonable verification required by TotalPorn, and
    3. you expressly agree to be bound by these terms and conditions of service (these "Terms").

    Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. TotalPorn reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.
    1. TotalPorn hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
      1. your use of the Website as permitted is solely for your personal, noncommercial use;
      2. you will not copy or distribute any part of the Website in any medium without TotalPorn's prior written authorization;
      3. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
      4. you will otherwise comply with the terms and conditions of these Terms of Service.
    2. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TotalPorn immediately of any breach of security or unauthorized use of your account. Although TotalPorn will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of TotalPorn or others due to such unauthorized use.
    3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the TotalPorn servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Doing so may result in being permanently banned from our service. Notwithstanding the foregoing, TotalPorn grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. TotalPorn reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

  2. Intellectual Property Rights

    The content on the TotalPorn Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TotalPorn, subject to copyright and other intellectual property rights under United States 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. TotalPorn 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, 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 circumvent, disable or otherwise interfere with security related features of the TotalPorn Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TotalPorn Website or the Content therein.

    These Terms of Service apply to all users of the TotalPorn Website. The TotalPorn Website may contain links to third party websites. TotalPorn assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, TotalPorn will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TotalPorn from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the TotalPorn Website and to read the terms and conditions and privacy policy of each other website that you visit.

    The opinions expressed on the Website are the opinions of the individual author and may not reflect the opinions of TotalPorn.

    Links to external sources are provided to users AS IS. TotalPorn is not responsible for and does not endorse or warrant in any way any content, materials, information, goods or services available through such linked sites or any privacy or other practices of such sites.


  3. User Submissions
    1. The TotalPorn Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, TotalPorn does not guarantee any confidentiality with respect to any submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
      1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize TotalPorn to use all patent, trademark, trade secret, copyright 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
      2. 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. However, by submitting the User Submissions to TotalPorn, you hereby grant TotalPorn 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 TotalPorn Website and TotalPorn's (and its successor's) business, including without limitation for promoting and redistributing part or all of the TotalPorn Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TotalPorn 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 TotalPorn Website.
      3. In connection with User Submissions, you further agree that you will not:
        1. 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 TotalPorn all of the license rights granted herein;
        2. publish falsehoods or misrepresentations that could damage TotalPorn or any third party;
        3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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;
        4. post advertisements or solicitations of business:
        5. impersonate another person. TotalPorn does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TotalPorn expressly disclaims any and all liability in connection with User Submissions. TotalPorn does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TotalPorn will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. TotalPorn reserves the right to remove Content and User Submissions without prior notice. TotalPorn will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. TotalPorn also reserves the right to decide 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, pornography, obscene or defamatory material, or excessive length. TotalPorn 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.
      4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

        For detailed instructions regarding DMCA Notifications, please visit our DMCA page.

        You understand that when using the TotalPorn Website, you will be exposed to User Submissions from a variety of sources, and that TotalPorn 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 TotalPorn with respect thereto, and agree to indemnify and hold TotalPorn, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. For any general copyright questions, please visit our Copyright Information Page.


  4. Disclaimer

    TotalPorn may change or discontinue the Service. You acknowledge that TotalPorn may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. TotalPorn may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. TotalPorn is under no obligation to preserve, provide access to or return to you any Content. You agree that TotalPorn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

    Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOTALPORN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
    2. TOTALPORN WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, TOTALPORN IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. TOTALPORN DOES NOT WARRANT THAT
      1. THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
      2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
      3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
      4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
      5. ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED;
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    Limitation of liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTALPORN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOTALPORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO

    1. THE USE OR THE INABILITY TO USE THE SERVICE;
    2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
    3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
    5. ANY OTHER MATTER RELATING TO THE SERVICE.

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.


  5. Additional Details

    TotalPorn is an interactive computer service that enables individuals to easily and quickly access information and websites located on the Internet. TotalPorn also allows individuals to chat, post comments, and exchange information regarding their favorite websites and other information.

    TotalPorn provides links to third party websites offering video content, but does not host content, other than user-created comments, postings and an TotalPorn blog. All video content is the responsibility of the owner of the third party website to which TotalPorn links and TotalPorn is not responsible for any such content. TotalPorn, as an online service provider, is not liable for the actions of third parties in posting infringing, obscene or otherwise illegal content. Further, TotalPorn merely serves as an intermediary in linking to other parties' content and is not liable for content found on third party websites. Although TotalPorn may review websites to determine system compatibility, file format, virus risks, site speed, uptime, and reliability, TotalPorn's policy is not to police, screen, or otherwise review third party websites or content to which it links.

    By allowing the free flow of information without intervention, screening or filtering TotalPorn can continue to offer the most diverse search engine index of Internet information and websites. This allows TotalPorn to be a forum offering the most diverse and unique index of information found on the Internet. Aside from this, policing the content of third party websites to which TotalPorn links is, as a practical matter, impossible. This is especially true given the subjectivity associated with discerning violent, obscene, infringing or otherwise harmful information.

    Where TotalPorn receives user complaints or otherwise becomes aware that information or content on a particular website or post may be illegal, harmful or injurious, TotalPorn will take reasonable actions to investigate the complaint and determine whether the post or the link to such third party website should be removed from TotalPorn's site. However, TotalPorn will not undertake a legal analysis of the content and will use its own internal criteria for determining whether a link should be removed. As a general matter, where individual users or other third parties believe content on a website is illegal or harmful, objections with regard to such content should be made directly at such website.