The Ultimate Entertainment!
Terms of Use for PornBuzz.net
Welcome to www.PORNBUZZ.NET! Please read these terms and conditions of use carefully before using www.PORNBUZZ.NET (the "Site").
THESE TERMS OF USE GOVERN YOUR USE OF THE SITE. BY ACCESSING THE
SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF
USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN ITS
SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT
THESE TERMS OF USE REGULARLY.
Age and Legal Access
Certification
By
subscribing to and entering the Site, you certify the following information and
understand that the Owner is relying on such certification and agreement to
these terms of service for allowing entry into the site. You hereby certify
under unsworn declaration of perjury the following:
1.
That you are eighteen (18) or twenty-one (21) years of age (whichever is
applicable) or older;
2. That you are familiar with all of the local laws
in your area affecting your legal right to access erotic or adult-oriented or
obscene materials; and,
3. That you have the legal right to access erotic or adult-oriented
or obscene materials and the Site has the legal right to transmit them to you;
that you are requesting erotic or adult-oriented or obscene materials for your
own private enjoyment and that you will NEVER share these materials with a minor
or in ANY WAY make these materials available IN ANY FORM WHATSOEVER to a
minor.
Custodian of Records
The actors, models, actresses and/or other persons that appear in any
visual, graphic, artistic, written or other depiction of actual sexually
explicit conduct appearing or otherwise contained in this Website were over the
age of eighteen (18) years at the time of the creation of such. All other
pictures, graphics, videos and/or other visual media displayed on this Site are
exempt from the provisions of 18 U.S.C. §2257, any amendments thereto, and 28
C.F.R. 75, because said visual media do not consist of depictions of conduct as
specifically listed in 18 U.S.C. §2256 (2)(i) through (iv), but are merely
depictions of non-sexually explicit nudity, or are depictions of simulated
sexual conduct , or are depictions as set forth in 18 U.S.C. 2256 (2)(v) created
prior to July 27, 2006, and/or are otherwise exempt because the visual
depictions were created prior to July 3, 1995. With respect to all visual
or written, artistic or graphic media, as defined above, displayed on this
website, whether of actual sexually explicit conduct, simulated sexual content
and/or otherwise, all persons in said visual depictions were at least eighteen
(18) years of age when said visual media, as defined above, were created.
The records required from the producer of said video and visual media
and pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for all materials
contained in the website are kept by the following Custodian of
Records:
Custodian of Records:
K. Carr
Address:
14560 Calvert Street
Van Nuys, California
91411
E-mail address:
2257@hushinc.com
Access to the
Site
To
access this Site and/or some of the resources it has to offer, you may be asked
to provide certain registration details or other information. It is a condition
of your use of this Site that all the information you provide on the Site will
be correct, current, truthful, accurate and complete. If the Owner believes the
information you have provided is not correct, current, truthful, accurate and/or
complete, the Owner has the right to refuse you access to the Site and/or any of
its resources and to terminate or suspend your access at any
time.
Restrictions
on Use
You may ONLY use the Site for purposes expressly permitted by the Site.
You may not use the Site for any other purpose, including any commercial
purpose, without the Owner's express prior written consent. For example, you may
not (and may not authorize any other party to) (i) co brand the Site, and/or
(ii) frame the Site, and/or (iii) hyper-link to the Site, without the express
prior written permission of the Owner or its designated authorized
representative. For purposes of these Terms of Use, "co branding" means, but is
not limited to, display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably likely to give
a user the impression that such other party has the right to display, publish,
or distribute the Site or content accessible within the Site. You agree to
cooperate with the Owner in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary
Information
The material and content accessible from the Site, and any other World
Wide Web site owned, operated, licensed, or controlled by the Owner (the
"Content") is the proprietary information of the Owner or the party that
provided the Content to the Owner and the Owner or the party that provided the
Content to the Owner retains all right, title, and interest in the Content.
Accordingly, the Content shall not be copied, distributed, republished,
uploaded, posted, and/or transmitted in any manner whatsoever, without the
express prior written consent of the Owner, except that you may print out a copy
of the Content solely for your personal use. In doing so, you may not remove
and/or alter, or cause to be removed and/or altered, any copyright, trademark,
trade name, service mark or any other proprietary notice or legend appearing on
any of the Content. Modification or use of the Content except as expressly
provided in these Terms of Use violates the Owner's intellectual property
rights. Neither title nor intellectual property rights are transferred to you by
access to the Site.
Hyper-Links
The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Owner. The Owner has not reviewed any and/or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk and the Owner makes no representations or warranties about the content, completeness, legality and/or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site.
Submissions
You hereby grant to the Owner the royalty-free, perpetual, irrevocable,
worldwide, non exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display all content, remarks, suggestions, ideas, graphics, or other information
communicated to the Owner through the Site (together, the "Submission"), and to
incorporate any Submission in other works in any form, media, or technology now
known or later developed. The Owner will not be required to treat any Submission
as confidential and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future Owner
operations.
The Owner is free from any and/or all legal obligation under 18 U.S.C.
§2257 for Submissions placed directly on the Site and shall not be responsible
for 18 U.S.C. §2257 compliance unless the Submission comes with all records
required under 18 U.S.C. §2257.
The Owner will treat any personal
information that you submit through the Site in accordance with its Privacy
Policy.
Privacy Policy
THE PRIVACY POLICY FOR THE SITE, INCORPORATED HEREIN BY THIS
REFERENCE, ALSO GOVERNS YOUR USE OF THE SITE. BY ACCESSING THE SITE, YOU ARE
INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE PRIVACY POLICY. THE PRIVACY
POLICY IS SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN ITS SOLE DISCRETION.
YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THE PRIVACY POLICY
REGULARLY.
Disclaimer
YOU UNDERSTAND THAT THE OWNER CANNOT, WILL NOT AND DOES NOT GUARANTEE
AND/OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE
FREE OF VIRUSES, WORMS, TROJAN HORSES AND/OR OTHER CODE THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS
FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO
THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE OWNER DOES NOT ASSUME ANY
RESPONSIBILITY AND/OR RISK WHATSOEVER, IN ANY FORUM, FOR YOUR USE OF THE
INTERNET.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR
NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF
ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE OWNER MAY OR MAY NOT MAKE CHANGES
AND/OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR
DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS OR
INFRINGEMENTS IN SUCH CONTENT. THE OWNER DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE
IN ALL COUNTRIES, STATES, PROVINCES, COUNTY, LOCALITIES OR ANY OTHER
JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN
INITIATIVE AND RISK AND ARE SOLELY, TOTALLY AND COMPLETELY RESPONSIBLE FOR
COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation on Liability
THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OFFICIALS. CONTRACTORS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
YOU WILL INDEMNIFY, DEFEND AND HOLD THE OWNER, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OFFICIALS, DIRECTORS, AND CONTRACTORS (THE "INDEMNIFIED PARTIES")
HARMLESS FROM ANY AND ALL BREACHES OF THESE TERMS OF USE BY YOU, INCLUDING ANY
USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU
AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY
SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL
RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES AND ATTORNEYS' FEES
OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND
HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY
THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE
SITE.
Trademarks
TRADEMARKS, SERVICE MARKS AND/OR LOGOS APPEARING ON OR IN THE SITE ARE
THE PROPERTY OF THE OWNER OR THE PARTY THAT PROVIDED THE TRADEMARKS, SERVICE
MARKS AND/OR LOGOS TO THE OWNER. THE OWNER AND ANY PARTY THAT PROVIDED
TRADEMARKS, SERVICE MARKS AND/OR LOGOS TO THE OWNER RETAIN ALL RIGHTS AND
PRIVILEGES WITH RESPECT TO ANY OF THEIR RESPECTIVE TRADEMARKS, SERVICE MARKS,
AND LOGOS APPEARING IN THE SITE.
Information You Provide
You may not post, send, submit, publish or transmit, in connection with
the Site, any material that:
" You do not have the right to post,
including proprietary material of any third party;
" Advocates illegal
activity and/or discusses an intent to commit an illegal act;
" Is vulgar,
obscene, pornographic, or indecent;
" Does not pertain directly to the site;
" Threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive;
" Seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
" Infringes any intellectual property or other right of any entity
or person, including violating anyone's copyrights or trademarks or their rights
of publicity;
" Violates any law or may be considered to violate any
law;
" Impersonates or misrepresents your connection to any other entity or
person or otherwise manipulates headers or identifiers to disguise the origin of
the content;
" Advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services), except as may be specifically authorized on the
site;
" Solicits funds, advertisers or sponsors;
" Includes programs
which contain viruses, worms and/or trojan horses or any other computer code,
files or programs designed to interrupt, destroy and/or limit the functionality
of any computer software or hardware or telecommunications;
" Disrupts the
normal flow of dialogue, causes a screen to scroll faster than other users are
able to type, or otherwise acts in a way which affects the ability of other
people to engage in real time activities via the site;
" Includes mp3 format
files;
" Amounts to a 'pyramid' or similar scheme;
" Disobeys any policy
or regulations established from time to time regarding use of the site or any
networks connected to the site; or,
" Contains hyper-links to other sites
that contain content that falls within the descriptions set forth above.
The Owner reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Owner nor any third party that provides Content to the Owner will assume or have any liability for any action or inaction by the Owner or such third party with respect to any submission.
Security
Any passwords used for the Site are for individual use only. You will be completely and totally responsible for the security of your password. The Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Owner considers insecure, the Owner will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with the Site to compromise security and/or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in any
violation of system security, the Owner reserves the right to release your
details to system administrators at other sites in order to assist them in
resolving security incidents. The Owner reserves the right to investigate
suspected violations of these Terms of Use.
The Owner reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing the Owner to disclose the
identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING
THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE OWNER, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OFFICIALS, CONTRACTORS AND DIRECTORS FROM ANY CLAIMS RESULTING FROM
ANY ACTION TAKEN BY THE OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OWNER OR
LAW ENFORCEMENT AUTHORITIES.
Waiver
The Owner's failure to enforce strict performance of any provision of
these Terms of Use will not constitute a waiver of the Owner's right to
subsequently enforce such a provision or any other provision of these Terms of
Use nor will any delay or omission on the part of the Owner to exercise or take
advantage of any right or remedy that the Owner has or may have hereunder
operate as a waiver of any right or remedy.
Acts of God
The Owner shall be excused from its obligations for any period to the
extent that the Owner is prevented from performing, in whole or in part, its
obligations under these Terms of Use, as a result of any acts of God, any
action(s), regulation(s), order(s) or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s), regulations(s),
order(s), or request(s) prove(s) to be invalid), Internet failure, equipment
failure, earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or
material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, foreign or domestic court order, third
party non-performance (including the acts or omissions of any suppliers, agents,
or subcontractors) or any other cause beyond the Owner's reasonable control
affecting production or delivery in any manner, including failure or
fluctuations in electrical power, heat, light, air conditioning or
telecommunications equipment or lines or other equipment, whether electronic or
otherwise.
Notices
Notices by site owner to customers shall be given by means of electronic
messages or by a general posting on the site. Notices by customers to site owner
shall be given by electronic messages unless otherwise specified in the
agreement. All questions, complaints, or notices to site owner by means of
electronic message must be sent to PROVIDE E-MAIL ADDRESS. This will be the only
acceptable form of communications.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws
of the State of Texas, United States of America, notwithstanding any principles
of conflicts of law. You specifically consent to personal jurisdiction in the
State of Texas in connection with any dispute between you and the Owner
arising out of these Terms of Use or pertaining to the subject matter hereof.
The parties to these Terms of Use each agree that the exclusive venue for any
dispute between the parties arising out of these Terms of Use or pertaining to
the subject matter of these Terms of Use will be in the state and federal courts
in Texas. If any part of these Terms of Use is unlawful, void or unenforceable,
that part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use constitute the
entire agreement among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and conditions on the Site
will govern the items to which they pertain. The Owner may revise these Terms of
Use at any time by updating this posting.
Last updated: February 15,
2008
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