PornoTank Terms Of Service / Privacy Policy |
By using and/or visiting the PornoTank website (collectively, including all Content and User Submissions available through this website, the "Website"), you agree to these Terms of Service. These terms of service, including the PornoTank Privacy Policy, which is incorporated herein, and any future amendments (collectively, the "Agreement"), constitute a legal agreement between PornoTank ("PornoTank") and you. By clicking the Enter Site button, you agree to be bound by all of these terms. If you do not agree to be bound by all of these terms, then do not use this site.
PornoTank may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Website.
1. Description of Service.
PornoTank is a website that makes available to its viewers content generated by third-parties. The website is a resource for people who are looking for, among other things, visual depictions of adult content, including sexually explicit images. Visitors to the website can also "rate" the content they view on a scale of 1 through 5. (Collectively, "PornoTank's Services.")
Among other things, PornoTank's dynamic and collaborative service enables registered and unregistered users (visitors and registered members are collectively referred to as "User(s)") to access a host of functionality.
This Agreement sets forth the legally binding terms for your use of the Website. By agreeing to these Terms of Use, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the PornoTank Website) or you are a "Member" (which means that you have registered with PornoTank). You are only authorized to use PornoTank's Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
PornoTank grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
2. Use.
Use of and membership in the PornoTank Website is void where prohibited.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PornoTank. Illegal and/or unauthorized use of the PornoTank Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the PornoTank Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
These Terms of Service apply to all Users. The Website may contain links to third party websites or provide content from third party websites that are not owned or controlled by PornoTank. PornoTank has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve PornoTank and its affiliates 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 Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Ability to Accept Terms of Service.
You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you 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 of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website.
4. User Conduct.
You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) impersonate any person or entity, including without limitation any PornoTank personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (c) damage, interfere with, or disrupt PornoTank, the Website, or PornoTank networks; (d) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (e) "stalk" or otherwise harass another; (f) engage in, promote, or provide instructional information about illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (g) use the Website in any way that exposes PornoTank to criminal or civil liability (h) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) PornoTank determines, in its sole discretion, is inappropriate for sale through the Website; (j) use the Website as a forwarding service to another website; or (k) exceed the scope of the service that you have signed up for.
PornoTank shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
If you decide to register with PornoTank, you will receive a password and PornoTank ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. PornoTank reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify PornoTank of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PornoTank cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another Member.
5. Content.
The content on the Website, including without limitation, any 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 PornoTank, 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. PornoTank 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. 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
6. Equipment and Software.
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. PornoTank may modify system requirements or the Software at any time. PORNOTANK MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
7. Fees.
You acknowledge that PornoTank reserves the right to charge for the PornoTank services and to change its fees from time to time in its discretion. If PornoTank terminates your rights to use the PornoTank services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
8. Representations and Warranties.
You represent and warrant that all of the information provided by you to PornoTank to participate in the 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.
9. Privacy.
As a condition to using the Website, you agree to the terms of the PornoTank Privacy Policy as it may be updated from time to time. You acknowledge and agree that the technical processing and transmission of the Website, may involve (a) transmissions over various networks; and (b) 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 PornoTank with regard to its users may be disclosed in accordance with PornoTank Privacy Policy.
12. Termination.
PornoTank reserves the right to terminate your access to and/or use of the Website and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of this Agreement. PornoTank also reserves the right to discontinue providing all or part of the Website. PornoTank reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by PornoTank in providing the Website may be effective without notice to you. You agree that PornoTank shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.
13. Warranty Disclaimer/Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT PORNOTANK SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PORNOTANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PORNOTANK 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.
IN NO EVENT SHALL PORNOTANK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PORNOTANK SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE 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.
PORNOTANK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PORNOTANK 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT PORNOTANK SHALL NOT BE LIABLE FOR 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.
PornoTank makes no representations that the Website is appropriate or available for use in locations outside of the United States of America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. Indemnification.
You agree to defend, indemnify, and hold harmless PornoTank, its members, 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: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
15. Choice of Law and Jurisdiction.
Unless expressly stated to the contrary elsewhere within the Website, all legal issues arising from or related to the use of the Website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New Jersey applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newark, New Jersey, and judgment on the arbitration award may be entered into in any state or federal court in New Jersey having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New Jersey having jurisdiction thereof. Except as set forth above, the state and federal courts of New Jersey shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any User's use of the Website. By using the Website and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in New Jersey with respect to all such disputes.
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