1. ACCEPTANCE
By using and/or visiting the Blendporn website (collectively, including
but not limited to all Content, Uploads and User Submissions available
through Blendporn.com, "Blendporn", the website) you agree to the
terms and conditions contained herein and the terms and conditions of
Blendporn'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, then do not use Blendporn.com.
The terms and conditions of this Agreement are subject to change by Blendporn at any time in its sole discretion and you agree be bound by all
modifications, changes and/or revisions. If you do not accept to be
bound by any and all modifications, changes and/or revisions of this
agreement, you many not use Blendporn.com.
The terms and conditions contained herein apply to all users of Blendporn whether a 'visitor' or a 'member' and you are only authorized to
use Blendporn.com if you agree to abide by all applicable laws and be
legally bound by the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES
The Blendporn website allows for uploading, sharing and general viewing
various types of content allowing registered and unregistered users to
share and view visual depictions of adult content, including sexually
explicit images. In addition, Blendporn contains video content,
information and other materials posted/uploaded by users. Blendporn
allows its users to view the Content and Website subject to the terms
and conditions of this Agreement.
The Blendporn website may also contain certain links to third party
websites which are in no way owned or controlled by Blendporn. Blendporn assumes no responsibility for the content, privacy policies,
practices of any and all third party websites. Blendporn cannot censor
or edit the content of third party sites. You acknowledge that Blendporn will not be liable for any and all liability arising for your use
of any third-party website.
Blendporn.com is for your personal use and shall not be used for any
commercial endeavor except those specifically endorsed or approved by Blendporn.com. Any illegal and/or unauthorized use of Blendporn is
prohibited including but not limited to collecting usernames and e-mail
addresses for sending unsolicited emails or unauthorized framing or
linking to the Blendporn website is prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least eighteen
(18) year of age and/or over the age of majority in the jurisdiction you
reside and from which you access the website where the age of majority
is greater than eighteen (18) years of age. If you are under the age of
18 and/or under the age of majority in the jurisdiction you reside and
from which you access the website, then you are not permitted to use the
website.
4. USER CONDUCT
You acknowledge and agree that you shall be responsible for your own
user submissions and the consequences of posting, uploading, publishing
transmitting or other making them available on Blendporn. You agree
that you shall not (nor others using your account) post, upload,
publish, transmit or make available in any way on Blendporn content
which is illegal, unlawful, harassing, harmful, threatening, tortuous,
abusive, defamatory, obscene, libelous, invasive of one's privacy
including but not limited to personal information, hateful, racial. You
also agree that you shall not post, upload, publish, transmit or make
available in any way on Blendporn 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 Blendporn 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 Blendporn 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 Blendporn in any way that exposes Blendporn to
criminal or civil liability.
You agree that Blendporn 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 Blendporn with the exception of User
Submissions including but not limited to the text, software, scripts,
graphics, music, videos, photos, sounds, interactive features and
trademarks, service marks and logos contained therein, are owned by
and/or licensed to Blendporn, 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.
Blendporn 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 Blendporn or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Blendporn Website or the Content
therein.
6. USER SUBMISSIONS
Blendporn permits the submission of video and other communications and
the hosting, sharing and publishing of such user submissions. You
understand that whether or not such User Submissions are published
and/or uploaded, Blendporn does not guarantee any confidentiality with
respect to any submissions.
Blendporn allows/permits you to link to materials on the Website for personal, non-commercial purposes only.
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:
1. you own or retain the necessary licenses, rights, consents, and permissions to use and authorize Blendporn 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
2. 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.
3. 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 Blendporn, you hereby grant Blendporn 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 Blendporn Website and Blendporn's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Blendporn Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Blendporn 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 Blendporn Website.
In submitting material (video or other communication), you further agree that you shall not:
4. 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 Blendporn all of the license rights granted herein;
5. publish falsehoods or misrepresentations that could damage Blendporn or any third party;
6. 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;
7. post advertisements or solicitations of business;
8. Impersonate another person. Blendporn does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Blendporn expressly disclaims any and all liability in connection with User Submissions. Blendporn does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blendporn will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Blendporn reserves the right to remove Content and User Submissions without prior notice or delay. Blendporn will also terminate a User's access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, Blendporn also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Blendporn 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 Blendporn.com, you will
be exposed to User Submissions from a variety of sources, and that Blendporn 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 Blendporn with respect
thereto, and agree to indemnify and hold Blendporn, 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 Blendporn 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 Blendporn network or services at
any time, for any reason, or for no reason at all, with or without
notice.
Blendporn provides its website as a service to its users. However, Blendporn assumes no responsibility whatsoever for monitoring the Blendporn Services for inappropriate content or conduct. If at any time Blendporn chooses, in its sole discretion, to monitor the Blendporn
Services, however, Blendporn 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.
Blendporn may review and delete any User Submissions that, in its sole
judgment, violates this Agreement or may be otherwise offensive or
illegal, or violate the rights, harm, or threaten the safety of any User
or person not associated with the Website (collectively "Inappropriate
User Submissions"). You are solely responsible for the User Submissions
that you make visible on the Website or to any third-party website via
an embedded player provided by the Website or any other material or
information that you transmit or share with other Users or unrelated
third-parties via the Website.
7. ACCOUNT TERMINATION POLICY
1. A User's access to theWebsite will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
2. The Website 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. Website 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
Blendporn abides by a ZERO TOLERANCE policy relating to any illegal
content. Child Pornography, bestiality, rape, torture, snuff, death
and/or any other type of obscene and/or illegal material shall not be
tolerated by Blendporn. Blendporn shall not condone child pornography
and will cooperate with all governmental agencies that seek those who
produce child pornography.
9. FEES
You acknowledge that Blendporn reserves the right to charge for Blendporn services and to change its fees from time to time in its
discretion. Further more, in the event Blendporn 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
Blendporn to participate in the Blendporn 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 Blendporn, you must agree to the terms of
Blendporn'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 Blendporn with regard to its
users may be disclosed in accordance with the Blendporn Privacy Policy.
11. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Blendporn WEBSITE SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Blendporn, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Blendporn
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
9. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
10. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
11. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
12. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
13. 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 Blendporn WEBSITE. Blendporn DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Blendporn WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Blendporn 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 Blendporn 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 Blendporn, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
14. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
15. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
16. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
17. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
18. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
19. 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 Blendporn WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Blendporn 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 Blendporn, 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:
20. your use of and access to the Blendporn Website;
21. your violation of any term of these Terms of Service;
22. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
23. 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 Blendporn 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 Blendporn 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.
15. JURISDICTION
This Agreement shall be governed by and construed in accordance with the
laws of the site operator's country, without regard to conflicts of law
principles. The sole and exclusive jurisdiction and venue for any
action or proceeding arising out of or related to this Agreement shall
be in an appropriate court located in the appropriate jurisdiction. You
hereby submit to the jurisdiction and venue of said Courts. You consent
to service of process in any legal proceeding.