Terms of Service
Last Modified: March 11, 2024
Acceptance of the Terms of Service
By accessing, using or visiting pornmixer.org (the "Website"), as well as any of its content, features, and services, you express your acceptance of the following Terms of Service and our Privacy Policy.
These terms of Service apply to all users, including Verified Uploaders who may also be contributors of Content, of the Website (collectively "you", "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.
If you do not agree to the terms and conditions contained herein, or our Privacy Policy, then do not use PornMixer.
Key Terms related to Content
"Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on the Website.
"Verified Uploaders" means users of the Website who have a validly identified account and as such have the ability to upload to the site.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
Modification
PornMixer reserves the right to amend these Terms of Service at any time and without prior notice, and it is your responsibility to review these Terms of Service for any changes. We will also update the "Last Modified" date at the top of these Terms. Your continued use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
The updated version of the Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms of Service found at https://pornmixer.org/about/tos.
Eligibility
You affirm that you are at least eighteen (18) years of age and/or of legal required age in the jurisdiction you reside in and from which you access the Website, 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 of Service. If you are under 18 or the applicable age of majority, then you are not permitted to use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third party age verification service providers with information which will help us confirm that you are over the age of majority required to have access to the Website and to view its contents. For more information on how this information is processed, please review our Privacy Policy. Failure to, when required, provide us and/or our third party age verification service providers with information which will help us determine that you are over the age of majority required to have access to the Website and to view its contents will lead to the termination or suspension of your access rights to all or part of the Website.
You agree to adhere to the standards set forth by any card associations and payment processors while accessing and utilizing the services provided by the Website, including but not limited to Visa, Mastercard, and PayPal.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms, and that "you" and "your" will hereby refer and apply to that company or other legal entity.
About PornMixer
The Website allows for the general viewing of adult-oriented content by Users, registered and unregistered. In addition, the Website allows for uploading of adult-oriented content by Verified Uploaders.
The Website may contain links to third party sites that are not owned or controlled by the Website or its operator (such as in the case of advertisements). The Website has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using any of the Website, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policies of each other sites that you visit.
The Website is for adult-oriented content. Other categories of content may be rejected or deleted in our sole discretion. We may, in our sole discretion and at any time, remove any content on the Website.
By using the Website, you understand that you'll come across content from various sources. The Website cannot guarantee the accuracy, usefulness, safety, or intellectual property rights of that content. It's important to note that you may encounter content that is inaccurate, offensive, indecent, or objectionable. In such cases, you agree to waive any legal rights you may have against the Website and accept that you won't hold it responsible. You also agree to indemnify and protect the Website, its operator, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from any harm related to your use of the Website, to the extent allowed by law.
Access to the Website
We have the right to modify or remove the Website, as well as any services or materials we offer on it, at our discretion and without prior notice. We will not be held responsible if the Website or any portion of it becomes unavailable temporarily or permanently. Occasionally, we may limit access to certain sections of the Website, or the entire Website, for Users, including those registered and verified uploaders.
You are responsible for:
  • Making the necessary arrangements to access the Website.
  • Ensuring that anyone accessing the Website through your internet connection is aware of these Terms of Service and complies with them.
In order to access the Website or utilize its resources, you may be required to provide certain registration details or other information. It is a condition of using the Website that all information you provide is accurate, up-to-date, and complete. By registering with the Website or providing information through any interactive features, you agree that our Privacy Policy governs all the information you provide. You also consent to our actions regarding your information in accordance with our Privacy Policy.
Account Security
If you receive a username, password, or any other information as part of our security procedures, you must keep such information confidential and not disclose it to anyone else. You are solely responsible for all activities that occur under your username or password. Your account is personal to you, and you agree not to share your username, password, or any other security information that would grant access to the Website or its sections with any other individual. If you become aware of any unauthorized access or use of your username, password, or any security breach, please notify us immediately by contacting us at [email protected]. Additionally, make sure to log out of your account at the end of each session. When accessing your account from a public or shared computer, exercise caution to prevent others from viewing or recording your password or personal information. While the Website is not liable for any losses caused by unauthorized use of your account, you may be held responsible for losses incurred by the Website or others due to such unauthorized use.
When interacting with us or our third-party service providers, you agree to provide accurate, complete, and current information. Please review all relevant policies and agreements associated with the use of third-party services. If you use our Website on mobile devices, you acknowledge that your carrier's regular rates and fees, such as excess broadband fees, will still apply.
We reserve the right, at our sole discretion and for any reason, to deactivate any username, password, or identifier, whether chosen by you or provided by us.
Communication
By using the Website, you explicitly and specifically agree to receive electronic communications from us regarding your account. These communications may include emails sent to the email address you provided during registration or after, or messages posted on the Website to ensure delivery even if you have unsubscribed from email notifications. These communications, which may consist of notices concerning your account (such as password changes or confirmation emails), are an integral part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications we send to you electronically fulfill all legal communication requirements, including the need for written communication. It is advisable to maintain copies of electronic communications by saving electronic copies.
Member Content License
The trademarks and service marks associated with PornMixer, including logos and names, are owned by us. Other trademarks, service marks, names, and logos used on the Website, including those associated with third-party content providers, are the property of their respective owners. You do not have any rights or license to use these trademarks, service marks, or logos.
The presence of images or text containing trademarks, service marks, or the name or likeness of any person, including celebrities, does not imply any endorsement, either express or implied, by the individual or the Website.
The Website and certain materials available on or through the Website, which we refer to as our "Assets", are owned, authored, created, purchased, or licensed by us. Our Assets may be protected by copyright, trademark, patent, trade secret, or other laws, and we retain all rights in our Assets and the Website.
We grant you a limited, revocable, non-sublicensable, non-transferable, non-exclusive, and conditional license to access and view the Website and our Assets solely for personal use. This license is subject to your compliance with these Terms of Service and your agreement to view the Website as presented, including any advertising, without interfering with its display or using ad-blocking software. You agree not to use any information obtained from the Website to block or interfere with advertising or to update ad-blocking software or filter lists. Interfering with the display of advertising, using ad-blocking software while viewing the Website, or using Website-derived information to update ad-blocking software or filter lists is prohibited and constitutes copyright infringement.
Except as expressly permitted or allowed by fair use, you may not reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Website and our Assets or any adaptations thereof. Such actions would exceed the scope of your license and constitute copyright infringement.
The above-described license is contingent upon your compliance with these Terms of Service, including the agreement to view the Website as presented, with advertising intact. This license will terminate upon the termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically revoked. To safeguard our rights, certain Assets on the Website may be protected by digital rights management technologies, and you must not circumvent, remove, delete, disable, alter, or interfere with such technologies, as it is prohibited by law.
You are not permitted to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or copy our Assets or the assets owned by others, in whole or in part, except as allowed under fair use or other applicable legal provisions.
Guidelines for All Content and Uploaders on the Website
To upload content to the Website, you must become a Verified Uploader, unless such Content is limited to comments, a banner, a profile picture, and/or limited personal information as described in the account settings. If you provide false information during the account creation process, your account will be terminated immediately, and you may face legal consequences.
By uploading content to the Website, you represent and warrant the following:
  • The content you upload does not violate any applicable laws and will not subject the Website to any legal claims, demands, lawsuits, or liabilities.
  • You have the rights to use the content on the Website, and it does not infringe upon any third party's rights, including intellectual property rights. You have obtained consent and releases from all individuals appearing in the content, confirming your right to use and upload it.
  • You have verified the age of every individual appearing in the content, ensuring they are at least 18 years old, or the age of majority in your jurisdiction, through valid governmental photo identification.
  • You or the producer of the content have complied with the record-keeping requirements under 18 U.S.C. § 2257 et. seq., as well as other applicable laws for maintaining records and age verification.
  • The content you upload is original and not a duplicate of any other content you have uploaded.
  • The content complies with the Website's Terms of Service, including its policies on Child Sexual Abuse Material and Non-Consensual Content.
Failure to comply with these Terms of Service or providing untrue or non-compliant statements may result in the refusal of your content, removal of the content from the Website, termination of your account, and necessary measures to minimize liability.
Your account may be terminated at any time, with or without cause, for breaching the Terms of Service.
If your content is believed to violate any criminal laws, the Website's policies on Child Sexual Abuse Material or Non-Consensual Content, your account will be immediately terminated, and you will be reported to law enforcement authorities.
You are obligated to comply with the record-keeping requirements under 18 U.S.C. §2257. Upon request, you must provide legible copies (lawfully redacted if necessary) of valid governmental photo identifications for all individuals appearing in your content, demonstrating they were at least 18 years old when the content was produced. Failure to provide this information promptly may result in the temporary or permanent suspension of your account. You are responsible for indemnifying and defending the Website against any liabilities arising from your failure to comply with record-keeping obligations.
You are solely responsible for the activity on your account and must immediately inform the Website of any apparent security breach. You may not allow anyone else to use your account, and you may not use anyone else's account.
You will be liable for any losses incurred by the Website due to unauthorized use of your account. The Website is not responsible for any losses resulting from unauthorized account use, and you waive any claims against the Website related to such losses.
If you create a user profile for select services, it may be searchable by other Users and publicly available search engines.
You understand that the Website does not guarantee confidentiality for any content you contribute.
You have the freedom to choose the type of content you produce and post, and you will be solely responsible for your content and its consequences.
The Website is not responsible for any content that violates community standards or any applicable laws. If you are uncertain about the legality of your content, it is recommended to consult with an attorney before posting. The Website cannot enforce all jurisdiction's laws regarding content posted on the Website and assumes no responsibility for the content.
You must evaluate and bear all risks associated with using any content, including its accuracy, completeness, usefulness, and legality. You are responsible for all content you upload, post, email, transmit, or otherwise make available through the Website.
If there is a reason to suspect that your content violates a third party's rights, the Website reserves the right to remove or disable access to the content in question. This may occur if the Website receives a valid copyright infringement notice or if it determines, in its sole discretion, that the content violates any intellectual property rights or other rights of a third party.
If your content is removed due to a copyright infringement claim, you have the right to submit a counter-notification in accordance with the Digital Millennium Copyright Act (DMCA). The counter-notification must include your contact information, a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification, and your consent to the jurisdiction of the federal district court for the judicial district in which your address is located. The counter-notification must also include your physical or electronic signature.
Upon receipt of a valid counter-notification, the Website may reinstate the removed content, unless the party who submitted the initial infringement claim files an action seeking a court order to restrain you from engaging in infringing activity related to the content.
It's important to note that the Website reserves the right to terminate the accounts of repeat infringers and to remove any content that is deemed to be infringing upon intellectual property rights, regardless of whether a counter-notification is received.
By agreeing to the Website's Terms of Service, you acknowledge and accept these conditions regarding content uploading, copyright infringement, and the handling of disputes related to intellectual property rights.
Requirements for Verified Uploaders
As a Verified Uploader, you will have a validated account and the ability to submit various types of content, including videos, to the Website.
We reserve the right to decline your application to become a content provider for any reason at our sole discretion.
During the verification process, you will be asked to provide a valid email address for verification purposes. You will also need to select a unique screen name (username) that is not offensive to others and does not violate copyright or trademark rights. Additionally, you will choose a password, which can be changed later. It is essential that you maintain the confidentiality and security of your account by not sharing your password with anyone else. Please note that certain changes to your personal information, such as your name and username, can only be made by our staff. If any information appears incorrect or needs to be updated, please contact our staff for assistance.
At our discretion, users may be required to submit high-resolution images or scans of one to two identification documents to verify their identity. These documents should include your date of birth, ID expiration date, photo, full legal name, and address. Examples of acceptable identification documents include driver's licenses (in countries where a national ID is not mandatory), international passports, citizenship cards, state IDs, national passports, or national ID cards. If all the required information is clearly stated on your government-issued photo ID, a second document is not necessary. However, we may request multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of document authenticity are also part of the identity verification process. Our collection, use, and disclosure of this information and documentation are governed by our Privacy Policy.
Website Usage and Content Restrictions
By accessing and using the Website, you agree to utilize it and our services solely for lawful purposes as expressly permitted and outlined in these Terms of Service. Without our express written consent, you may not employ the Website or our services for any other purposes, including commercial endeavors.
It is understood and acknowledged that you shall view the Website and its content in their original and unaltered form (as provided by the Website, as is the case with our Personalized Filters functionality). You are strictly prohibited from modifying the Website or removing any of its content, including advertisements. Additionally, you must not circumvent, delete, disable, alter, or interfere with any age verification processes, technologies, or security tools implemented on the Website or in relation to our services. By using the Website, you expressly agree to accept the display of advertising served on and through the Website, and you agree not to use or enable ad-blocking software prior to visiting the Website.
The Content provided to you is presented "AS IS". You may access the Content for informational and personal purposes only, utilizing the functionality provided by the Website and as permitted under these Terms of Service. It is strictly prohibited to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content that is not expressly permitted by the Terms of Service.
General Prohibitions
To ensure a safe and respectful environment, the following terms and conditions outline the prohibited uses of the Website. It is important to review these restrictions carefully before utilizing the Website. Any breach of the following provisions will result in appropriate actions, including the termination of your access to the Website. By using the Website, you agree not to:
  • Violate any laws, regulations, or encourage others to do so.
  • Engage in conduct that negatively affects other Users' ability to use the Website, including harmful, threatening, abusive, inflammatory, intimidating, violent, or harassing behavior, invasion of privacy, or any racially, ethnically, or otherwise objectionable actions.
  • Engage in activities which violate any card association standards.
  • Post or depict any Content that involves individuals under 18 years of age (or older in jurisdictions where 18 is not the minimum age of majority), whether real or simulated.
  • Share Content without maintaining sufficient written documentation confirming that all subjects depicted are over 18 years of age (or older in jurisdictions where 18 is not the minimum age of majority).
  • Upload Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, hate speech, or any form of explicit hatred (verbal or written).
  • Publish Content that contains falsehoods or misrepresentations capable of damaging the Website or any third party.
  • Post Content that is obscene, illegal, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages criminal offenses, civil liability, violation of laws, or any inappropriate behavior.
  • Share Content that includes unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation.
  • Upload Content related to sweepstakes, contests, lotteries, or gambling in any form.
  • Publish copyrighted materials or materials protected by other intellectual property laws without owning them or obtaining all necessary written permissions and releases.
  • Impersonate another person or misrepresent your affiliation with anyone else.
  • Utilize the Website or post Content that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking.
  • Arrange in-person meetings through the Website for the purpose of engaging in sexual activity for hire.
  • Collect or store personal data about anyone.
  • Alter or modify any part of the Website or its content, including ads, without permission.
  • Obtain or attempt to access Content or information through unauthorized means.
  • Exploit design errors, undocumented features, or bugs to gain unauthorized access.
  • Attempt unauthorized access, interference, damage, or disruption of any parts of the Website, its servers, or connected databases.
  • Use the Website in a manner that could disable, overburden, damage, or impair the site or interfere with other parties' use of the Website, including real-time activities.
  • Use any automated devices, processes, or means to access the Website, including robots or spiders, without prior written consent.
  • Use manual processes to monitor, download, or copy materials on the Website without authorization.
  • Use information obtained from the Website to block or interfere with the display of advertising or modify software or filter lists that obstruct or disrupt advertising.
  • Utilize devices, bots, scripts, software, or routines that interfere with the proper functioning of the Website or alter its intended design or appearance.
  • Introduce or upload malicious software, such as viruses, Trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files, or similar materials that may harm or disrupt the Website's operation or others' property.
  • Remove any copyright or proprietary notices from the Website or its materials.
  • Launch a denial-of-service attack or distributed denial-of-service attack against the Website.
  • Attempt to interfere with the proper working of the Website in any other way.
By using the Website, you agree to adhere to these usage restrictions and refrain from engaging in any activities that violate these Terms of Service. Failure to comply may result in account termination or legal action as deemed necessary.
We reserve the right, but not the obligation, to:
  • In our sole discretion, remove or decline to post any Content you submit or contribute to the Website, including if the information or documentation provided by you is inadequate, incomplete, inaccurate, or does not allow us to verify your identity.
  • Monitor any communication on or through the Website to ensure compliance with these Terms of Service, Website security, or any legal obligations.
  • Take necessary and appropriate actions regarding any Content posted by you that we believe violates these Terms of Service, infringes intellectual property rights or other rights of any person or entity, poses a threat to the personal safety of Website Users or the public, or could create liability for us.
  • Take legal action, including referring to law enforcement, against any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any reason, including violations of these Terms of Service.
Furthermore, we have the right to cooperate fully with law enforcement authorities or comply with court orders that request or direct us to disclose the identity or other information of anyone posting Content on the Website. By submitting personal information in response to data disclosure requests from law enforcement authorities, you waive any claims and hold us, our officers, directors, employees, successors, and assigns harmless.
The Website strongly opposes any form of child exploitation or human trafficking. If we discover any Content involving underage individuals or any form of force, fraud, or coercion, we will promptly remove the Content and report it to the appropriate law enforcement authorities. If you come across such Content, you agree to report it to the Website by contacting [email protected].
To maintain our services appropriately within our venue and to the maximum extent permitted by applicable laws, the Website may, but is not obligated to:
  • Display, reject, refuse to post, store, maintain, accept, or remove any Content posted by you.
  • Delete, move, reformat, remove, or refuse to post or otherwise utilize Content without notice or liability to you or any third party, at our sole discretion, in connection with the operation of the Website.
  • Review and monitor messages posted by you. This may include addressing offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate Content or enforcing the rights of third parties, these Terms of Service, or any additional applicable terms, including the Content restrictions outlined herein.
We do not accept liability for any actions or lack thereof concerning the transmission, communication, or Content provided by Users or third parties. We hold no responsibility or liability to anyone for the execution or non-execution of the activities described in this section.
Account Termination Policy
The Website maintains the authority to assess the appropriateness of Content and determine whether it violates these Terms of Service, excluding copyright infringement and intellectual property right violations. This assessment includes considering factors such as obscenity or defamatory nature. The Website retains the discretion to remove such Content and/or terminate a User's account without prior notice, should the User submit material that violates these Terms of Service.
In the event that you breach the provisions or intent of these Terms of Service, or if your actions pose a risk or potential legal consequences for us, we reserve the right to terminate your access to the Website or cease providing all or part of the Website to you.
Copyrights and Other Intellectual Property
The Website upholds a comprehensive Copyright Policy regarding any Content that is alleged to infringe upon the copyright of a third party. If you have a belief that certain Content violates your copyright, please refer to our Copyright Policy for detailed instructions on how to submit a notice of copyright infringement. As part of our commitment to this policy, the Website reserves the right to terminate a User's access to the Website if, in appropriate circumstances, the User is found to be a repeat infringer.
Regarding trademark disputes between Users and trademark owners, the Website does not act as a mediator. We encourage trademark owners to directly engage with the User involved or seek resolution through legal avenues or judicial means. If you are certain about reporting trademark infringement on the Website, you can contact us here. The Website is prepared to conduct a limited investigation into valid complaints and will promptly remove content in clear cases of infringement. It's important to note that only the trademark owner or their authorized representative is eligible to file a report for trademark infringement. Please be aware that we may disclose the rights owner's name, your email address, and the details of your report to the person who posted the content you are reporting. This individual may reach out to you based on the information you provide.
Reporting Abuse
The Website strictly prohibits any instances of revenge porn, blackmail, or intimidation. If you come across any violations of this policy, you may use the "Report" button underneath any video.
Information Reliance
The information presented on or available through the Website is provided solely for general information purposes. We make no warranties regarding the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, other visitors to the Website, or anyone who may be informed of its contents.
The Website includes Content provided by third parties, including materials from other Users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. The statements, opinions, articles, responses to questions, and other content expressed in these materials, apart from the content provided by us, are solely the opinions and responsibility of the individuals or entities providing them. These materials may not necessarily reflect our views. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by these third parties.
Website Changes
The content on the Website may be periodically updated, but it may not always be complete or up-to-date. Any material on the Website could be outdated at any given time, and we are not obligated to update such material.
Collected Information
All information collected on the Website is governed by our Privacy Policy. By using the Website, you acknowledge that you have read and comprehended the terms of the Privacy Policy. You consent to all actions taken by us in relation to your information, complying with the Privacy Policy.
Use of Collected Information by Advertisers and Others
The Website permits the display of advertisements by third parties. These third parties utilize technology to directly deliver advertisements to your browser while you use the Website. As part of this process, they may automatically receive your IP (Internet Protocol) address. These advertisers may also utilize cookies and/or web beacons to gather information, including details about your usage of the Website. It's important to note that we do not have control over the methods employed by advertisers to collect information. However, IP addresses, cookies, and web beacons are generally unable to identify individuals directly; they can only identify devices. As a result, unless you provide them with additional information, such as responding to an advertisement, entering into an agreement, or using other means, advertisers and others associated with the service will generally not know your specific identity. We also do not provide advertisers with any additional information which they do not collect themselves (excluding limited category-based view patterns).
Links to the Website
You are welcome to establish links to the Website as long as you do so in a fair and lawful manner that does not harm our reputation or take advantage of it. However, you are not allowed to create a link in a way that suggests any association, approval, or endorsement on our part without our express written consent.
The Website may offer specific social media features that allow you to:
  • Link to certain content on the Website from your own or certain third-party websites.
You may utilize these features solely as provided by us, strictly in relation to the content they are associated with, and in accordance with any additional terms and conditions we provide for such features. However, you must not:
  • Display or make the Website or any portions of it appear within, for example, frames, deep links, or in-line links on any other website.
  • Take any actions regarding the materials on the Website that contradict any other provisions stated in these Terms of Service.
The websites you link from or where you make specific content accessible must fully comply with the content standards outlined in these Terms of Service.
If there is any unauthorized framing or linking, you agree to cooperate with us promptly to cease such activity. We reserve the right to revoke linking permission without prior notice.
We retain the discretion to disable any and all social media features and links at any time, without notice, according to our sole judgment.
Links from the Website
The Website may contain links to other websites and resources provided by third parties. These links are provided solely for your convenience. This includes links that appear in advertisements, such as banner advertisements. We do not have control over the contents, privacy policies, or practices of these sites or resources, and we do not assume any responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of, linking to, or permitting the use or installation of any third-party sites, applications, software, content, or advertising does not imply our approval or endorsement of them. If you choose to access any third-party sites linked to the Website, you do so at your own risk and are subject to the terms and conditions of those sites.
Furthermore, any communications, transactions, or interactions you have with sponsors, advertisers, or other third parties found through the Website are solely between you and such third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any kind incurred as a result of any dealings with these sponsors, third parties, or advertisers, or as a result of their presence on the Website.
You release us from any and all liability arising from your use of any third-party websites, content, services, or software accessed through the Website.
Disclosures of Personal Information
The Website does not collect personally identifiable information (such as your name, email address, and password) unless you submit or communicate Content through the Website or register with us to access certain features. We are committed to protecting your privacy, and we will not disclose any personally identifiable information we collect or obtain except in the following circumstances:
  • As described in these Terms of Service or our Privacy Policy.
  • With your permission for a specific use or disclosure.
  • If required by valid legal process or governmental request, such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement. We may, at our sole discretion, inform you of such process or request.
  • To protect the property, safety, or operations of the Website or others.
  • In connection with the acquisition of the Website or its assets by another person or entity.
  • As otherwise required by law.
If we are required to respond to or comply with any of these information requests, we reserve the right to charge you for the costs associated with responding to or complying with such requests. This may include research costs, copying fees, media storage, mailing, document delivery, and any applicable legal fees.
We will retain access to the information you have submitted or created for as long as reasonably necessary to comply with information requests, conduct investigations, or protect the Website. By using the Website, you agree to grant us access to your information for these purposes.
We are committed to maintaining the privacy and confidentiality of your personal information. For more details on how we collect, use, and protect your information, please refer to our Privacy Policy.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Website, its site operator, affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, or debts, including reasonable attorney's fees, arising from:
  • Your use of and access to the Website.
  • Your violation of any term of these Terms of Service.
  • Your violation of any third-party right, including but not limited to copyright, property, or privacy rights.
  • Any claim that your Content caused damage to a third party.
This defense and indemnification obligation will remain in effect beyond the termination of these Terms of Service and your use of the Website. You agree that we shall have the exclusive right and obligation to control the legal defense against any such claims, demands, or litigation. This includes the right to select legal counsel of our choice and to negotiate, settle, or compromise any such claims, demands, or litigation.
We are committed to protecting the rights of others and ensuring the integrity of the Website. By accepting these Terms of Service, you acknowledge and agree to fulfill your indemnification obligations as outlined above.
Disclaimers
Your use of the website is entirely at your own risk. The website is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the website disclaims all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will meet your requirements or that it will be uninterrupted, timely, secure, or error-free. Any content or information obtained through the website is used at your own discretion and risk.
We make no warranty or representation regarding the accuracy, completeness, or reliability of the website's content or the content of any linked sites. We assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury, or property damage resulting from your use of the website or our services. We are not liable for any unauthorized access to or use of our secure servers, including any personal or financial information stored therein. We also disclaim any responsibility for any interruption or cessation of transmission to or from the website, any bugs, viruses, or harmful components transmitted through the website by third parties, or any errors or omissions in any content.
The website does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the website or our services, or any linked services featured in any advertising. We are not a party to any transaction between you and third-party providers of products or services. It is your responsibility to exercise caution and use your best judgment when engaging in any transaction or interaction.
Any information obtained from us or through the website does not create any warranty not expressly stated in these terms.
Limitation of Liability
By using our website, you acknowledge and agree that the website, its officers, directors, or employees shall not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from:
  • Errors, mistakes, or inaccuracies of content.
  • Personal injury or property damage resulting from your access to and use of our website or services.
  • Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
  • Interruption or cessation of transmission to or from our website.
  • Bugs, viruses, trojan horses, or similar malicious code transmitted through our website or services by any third party.
  • Errors or omissions in any content or any loss or damage incurred due to your use of posted, emailed, transmitted, or otherwise made available content through our website or services.
  • Interactions with third-party advertisements, service providers, or sites found on or through our website, including payment and delivery of related goods or services and any other associated terms, conditions, policies, warranties, or representations.
This limitation of liability applies regardless of whether such claims are based on warranty, contract, tort, or any other legal theory, and whether or not the website or its site operator were advised of the possibility of such damages. It applies to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the website's officers, directors, and employees shall not be liable for the content or conduct of any third party, and that any risk of harm or damage from the foregoing rests entirely with you.
Furthermore, you acknowledge that any content uploaded to the site may be viewed, downloaded, republished, and distributed, potentially in violation of your rights or this agreement, and you assume such risks as a material part of these Terms of Service.
By agreeing to these Terms of Service, you agree not to file any arbitration claim, lawsuit, or proceeding inconsistent with the aforementioned liability limitations.
Any claim that may arise in connection with these Terms of Service will be compensable by monetary damages, and you will not be entitled to injunctive or other equitable relief.
Limitations on Time to File Claims
Regardless of any statute or law to the contrary, any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one (1) year after the cause of action accrues. If not initiated within this timeframe, such cause of action or claim is permanently barred.
Your Concerns
For all notices of copyright infringement claims, please follow the procedures outlined in our Copyright Policy.
For any other feedback, comments, requests for technical support, or other communications related to the website, please direct them to: [email protected].
Assignment
These Terms of Service, along with any rights and licenses granted hereunder, may not be transferred or assigned by you, except in the case of accepting on behalf of a company or other legal entity. However, we reserve the right to assign them without any restrictions.
Arbitration Agreement & Waiver of Legal Rights
Arbitration shall be the primary method for resolving any disputes between you and us (including disputes involving third-party agents). Both parties agree to waive the right to a jury trial for any claim (referred to as a "Claim" hereafter). All Claims, including controversies, counterclaims, or other disputes between you and us or you and a third-party agent, shall be subject to binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be conducted by a single arbitrator, and the arbitrator's decision will be final and binding. The arbitration proceedings will be kept confidential, and the existence of the proceedings, along with any related documents or awards, will not be disclosed beyond the arbitration proceedings, except as required by law or permitted by state regulations. The Federal Arbitration Act and federal arbitration law apply to this agreement. The exclusive authority to resolve any disputes relating to the interpretation, enforceability, applicability, or formation of these Terms of Service lies with the arbitrator, rather than any federal, state, or local court or agency.
In the event that the costs of arbitration are determined to be prohibitively high compared to litigation costs, we will cover the necessary administrative costs and arbitrator's fees to ensure that the arbitration remains affordable. The arbitrator may allocate the costs and compensation among the parties as deemed appropriate in the final award.
This arbitration agreement does not prevent either party from seeking relief through federal, state, or local government agencies. Both parties also retain the right to bring qualifying claims in small claims court. Additionally, either party may apply to a court of competent jurisdiction for provisional relief, such as preliminary injunctions or pre-arbitral attachments, without waiving the right to have disputes submitted to arbitration as outlined in these Terms of Service.
Neither party may act as a class representative or private attorney general, nor participate as a member of a class of claimants, in relation to any Claim. Claims cannot be arbitrated on a class or representative basis. The arbitrator can only decide individual Claims of you or us and may not consolidate or join similar claims from other parties. The arbitrator may award damages and other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. However, the arbitrator is not authorized to issue a "public injunction", which can only be granted by a federal or state court. If a party seeks a "public injunction", all other claims and relief requests must first be resolved through arbitration, and the court's consideration of the "public injunction" claim shall be stayed until arbitration is completed. The decision of the arbitrator is binding on the federal or state court in terms of claim or issue preclusion.
If any provision of this section is found to be invalid or unenforceable, that specific provision shall be severed, and the remainder of this section shall remain in full force and effect. No waiver of any provision of this section shall be effective unless it is recorded in a signed writing by the waiving party. Such a waiver shall not waive or affect any other part of these Terms of Service. This arbitration section will survive the termination of your relationship with us.
This section on arbitration applies only to users located in the United States of America.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO INITIATE A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE CLAIMS, THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS PROVIDED IN AAA RULES), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Miscellaneous
These Terms of Service govern your use of the Website, and the relationship between you and us, and are subject to the laws of The Netherlands, without regard to conflict of law rules. These Terms of Service constitute the entire agreement between you and us, superseding any prior agreements or understandings.
The Website is considered a passive platform, and by using it, you acknowledge that it does not establish personal jurisdiction over us in jurisdictions other than The Netherlands.
Any disputes or claims arising from these Terms of Service shall be resolved through arbitration in The Netherlands, in accordance with the applicable rules of the arbitration association. The arbitration proceedings will be confidential, and the arbitrator's decision will be final and binding.
In the event that any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the remaining provisions shall continue to be in full force and effect.
Our failure to enforce any term or condition of these Terms of Service does not constitute a waiver of that term or condition, nor does it waive our right to enforce it in the future.
We reserve the right to terminate these Terms of Service at any time, without cause, by providing notice through the Website or other means of communication. Termination does not affect our rights, remedies, claims, or defenses.
Upon termination, you will no longer have access to your account or Content. We are not obligated to assist with data migration or provide backup services. We bear no responsibility for the deletion of your Content, which may remain in our archives. Please note that certain licenses may continue to apply to your Content even after its deletion from our active servers.
These Terms of Service are governed by the laws of The Netherlands, and any legal action or proceeding shall be brought in the appropriate courts located in The Netherlands.