ACCEPTANCE OF TERMS OF SERVICE
PROVISION AND MODIFICATION OF THE SERVICE
The User may, in accordance with these TOS, use the Service and, to the extent permitted by the operator of the websites which are referred or linked to on the Service (each of these websites a “Third Party Service”), download content or portions of content of the Service. The User may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content. The User agrees that the Service is provided to the User on an as-is and as-available basis. The User agrees that the Operator herewith disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. The Operator disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, including of the operators of the Third Party Services, and the User agrees that the Operator will not be liable for any such services, software, content, or advertising. The Operator reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by the Operator or others. The User agrees that the Operator will not be liable for any modification, suspension, interruption or discontinuance of the Service.
USE OF THE SERVICE
The Service and all of its components are intended only for adults who may legally access and use them. The Service provides referrals and links to sexually explicit material on websites operated by persons other than the Operator, including the Third Party Services. The user is responsible for its own use of the Service and the Third Party Services. The Operator grants to the User permission to access and use the Service as set forth in these TOS subject to the fulfilment, at any time, of the User’s representations and warranties to the Operator as follows:
The User has the capacity and authority to agree to these TOS and the terms of service of the Third Party Services, and to perform any acts required on the part of the User thereunder.
The User will access and use the Service and the Third Party Services solely for its own personal use.
The User will comply with all applicable laws and regulations in using the Service and the Third Party Services and any content of the Service and the Third Party Services.
The User will not use the Service and the Third Party Services in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS and the terms of service of the Third Party Services.
The User will not use any automated system, software, or device to use the Service and the Third Party Services or obtain content or information from the Service and the Third Party Services.
The User will not defeat or interfere with any security feature of the Service and the Third Party Services, or attempt to do so.
The User will not alter or modify any content or component of the Service and the Third Party Services.
The User will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content or any component of the Service and the Third Party Services, or any use of or any access to the Service, without the prior written permission of the Operator or, as the case may be, the operator of the respective Third Party Service.
RIGHTS TO THE CONTENT ON THE SERVICE
All content and components of the Service (“Service Content”), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by the Operator, or are licensed to the Operator subject to copyrights or other intellectual property rights held by others. The Operator reserves all rights to the Service Content and any other component or content of the Service not expressly granted to the User by these TOS. The Operator provides the Service for the personal, non-commercial use of viewers and visitors of the Service. The User is granted a personal, non-exclusive, nontransferable license to view, on a single computer or other viewing device only, the content of the Service. The Operator reserves the right to limit the amount of materials viewed or accessible. Commercial use of any content or other component of the Service is strictly prohibited. In addition the User may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publicly display or perform, distribute, or prepare derivative works from any of the content or other component of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. The Operator reserves the right to terminate this license at any time, in particular if the User breaches or violates any provision of these TOS, in which case the User will be obliged to immediately destroy any materials it has obtained from the Service.
OBJECTIONABLE OR INAPPROPRIATE CONTENT
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material or references and hyperlinks to such material. In some cases, the Service may include content or references and hyperlinks that have been mislabeled or are otherwise deceptive. The User will use caution and common sense and exercise proper judgment when using the Service. The Operator does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. The User acknowledges that any use of or reliance on material provided by the Service will be at its own risk. If the User believes any content provided by the Service is illegal or violates these TOS, the User may inform the Operator by using its contact form. The Operator will review the User’s message and the content to which the User objects (provided it is still available through the Service). The Operator may remove the content if, in the Operator’s judgment, it is illegal or otherwise inappropriate. The User understands that deciding whether content is inappropriate is a judgment call, and that the Operator is not legally responsible for content that it does not originate. Neither is the Operator legally responsible for removing content that it deems inappropriate from the Service. The Operator reserves the right to access, read, preserve, disclose and otherwise process any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of the Operator, its users and the general public. The User agrees that the Operator will not be liable for exercising or failing to exercise any of these rights.
The Operator respects the intellectual property rights of others. If any copyright owner or an agent thereof believes that any content of the Service infringes upon its copyrights, he may submit a notification of alleged copyright infringement in accordance with 17 U.S.C. § 512 of the Digital Millennium Copyright Act (“DMCA”) by following the directions on the Operator’s DMCA Page.
DESIGNS, NAMES AND TRADEMARKS
The designs, logos and product or service names used for the Service or otherwise on gothdporn.com are intellectual property owned by the Operator. All other intellectual property used in the Service or otherwise on gothdporn.com are intellectual property of their respective owners and the Operator’s reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
SPONSORS, ADVERTISERS AND THIRD PARTIES
The Service provides links to sponsor, advertiser, or other third-party websites, including the Third Party Services that are not owned or controlled by the Operator. Inclusion of, linking to, or permitting the use or installation of any third-party website, application, software, advertising or other content does not imply any approval or endorsement thereof by the Operator. The Operator has no control over, and assumes no responsibility for any such third-party content including the privacy policies and practices of any third parties. By accessing or using the Service, the User agrees to release the Operator from any and all liability arising from the User’s use of any third-party website, content, service, or software accessed through the Service, including the Third Party Services. The User’s communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between the User and such third parties. The User agrees that the Operator will not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
The Operator may, in its sole discretion, terminate the User’s access to the Service and/or prohibit the User from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
DISCLAIMER OF WARRANTIES
The User expressly understands and agrees that its use of the Service and the Third Party Services is at the User’s sole risk. The Service is provided on an as-is and as-available basis. The Operator expressly disclaims any and all warranties of any kind for the Service and the Third Party Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, and without limitation, the Operator makes no warranty that: (1) the Service and the Third Party Services will meet the User’s requirements; (2) the Service and the Third Party Services will be uninterrupted, timely, secure and error-free; (3) the results that may be obtained from the use of the Service and the Third Party Services will be accurate and reliable; (4) the quality of any products, services, information or other material obtained by the User through the Service and the Third Party Services will meet the User’s expectations; (5) any errors in the contents or components of the Service and the Third Party Services will be corrected; or (6) the Service and the Third Party Services is free of viruses and other harmful components. No advice or information, oral or written, obtained by the User from the Operator will create any warranty not expressly stated in these TOS.
LIMITATION OF LIABILITY
The User expressly understands and agrees that the Operator will not be liable for: (1) any criminal or other offences or any non-compliance with applicable laws the User is accused of or convicted for and; (2) any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Operator has been advised of the possibility of such damages), in each case resulting from the use by the User of or its inability to use the Service and/or any Third Party Service. In particular, and without limitation, the Operator will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of the Service, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) content or conduct of any third party provided through or referred or linked to by the Service; or (3) as otherwise indicated in these TOS. Under no circumstances will the Operator’s total liability for any and all claims by the User arising out of or related to these TOS or the use of the Service or any Third Party Service exceed the greater of US$ 100.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations on liability and damages contained in these TOS may not apply to the User and these TOS will apply to the furthest extent permitted by the jurisdiction applying for the relationship between the Operator and the User. The provisions of these TOS that provide for limitations of liability, disclaimers of warranties, or exclusion of damages allocate risks between the User and the Operator. That allocation is reflected in the delivery of free content to the User by the Operator, and is an essential element of the transactions between the User and the Operator. Each of the provisions of these TOS is severable and independent of all other provisions of these TOS. The limitations of liability, disclaimers of warranties, or exclusion of damages in these TOS will apply notwithstanding any failure of essential purpose of any limited remedy under these TOS.
The User agrees to hold harmless and indemnify the Operator, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to the User’s use of the Service and any Third Party Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. The Operator will make reasonable efforts to provide the User with written notice of any such claim, suit or action, but the failure of the Operator to provide such notice will not relieve the User of these obligations.
I If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the User and the Operator nevertheless agree that the court should endeavor to give effect to the their intentions as reflected in the relevant provision, and the other provisions of the TOS remain in full force and effect.
The failure of the Operator to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision.
CHOICE OF LAW
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of Illinois, without giving effect to conflict of laws provisions.
ARBITRATION AND CLASS ACTION WAIVER
The User and the Operator agree that disputes between them will be resolved through binding and final arbitration instead of through court proceedings. The User and the Operator hereby waive any right to a jury trial of any dispute between them that is subject to this arbitration agreement. Neither the User nor the Operator may bring a claim against the other as a class action. Neither the User nor the Operator may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between them. As used in this Clause 18, the terms “Operator” and “User” include the Operator’s and the User’s respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This Clause 18 will be interpreted broadly, and will encompass all disputes between the User and the Operator, including, but not limited to claims that relate in any way to the relationship between the User and the Operator, the User’s use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory. This Clause 18 does not preclude the User from seeking action by United States federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from the Operator on the User’s behalf. Moreover, the User and the Operator have the right to bring qualifying claims in small claims court. Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS Foundation dispute resolution service pursuant to the JAMS Arbitration Administrative Policies and, unless otherwise agreed in writing by the parties, to the applicable JAMS Arbitration Rules and Procedures. To initiate arbitration, the User or the Operator must submit a claim to JAMS, 71 S. Wacker-Drive Suite 3090, Chicago, IL 60606, with notice to the other party by certified mail. These TOS may evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. (“FAA”). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”) in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless the parties agree otherwise, the arbitrator may not join the User’s claim(s) or the Operator’s claim(s) with any other claim, and may not preside over any representative or class proceedings. The payment of fees and other costs to JAMS will be governed by the JAMS rules. In issuing any award, the arbitrator will issue a written decision that is sufficiently detailed to inform both the User and the Operator of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party’s individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.
CONTACTING THE OPERATOR
For any questions or concerns about these TOS or the Service, please contact the Operator via [email protected]