IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service ("Agreement") is a legal agreement between you (referred to herein as "you" or "your") and Make Love Not Porn, LLC and its affiliates ("we", "our", or "us") for access to and use of our website available at http://www.makelovenotporn.tv (the "Website") and other related software, interactive features or downloads operated by us and that are available through the Website (whether accessed directly or through any software application) (collectively, the "Service").
YOU REPRESENT THAT YOU:
- ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND
- HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. NO BUSINESS ENTITY (e.g., A CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP, ETC.) IS AUTHORIZED TO USE THE SERVICE.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED IN THE SERVICE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED IN THE SERVICE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, DOWNLOADABLE FROM, AND/OR ABLE TO BE PURCHASED FROM THE SERVICE INCLUDE EXPLICIT PICTORIAL, VIDEO, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE WARRANTING TO US THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL ENJOYMENT.
Use of the Service by You
- The Service includes user-generated video Content (defined below). Submissions of video Content and related information and materials ("Video Submissions") are governed by the Video Submissions Agreement ("VSA") available at https://makelovenotporn.tv/policies/index#submission_agreement. Please read the VSA carefully. You may only upload or otherwise submit Video Submissions to us if:
- you meet the eligibility criteria set forth in the VSA,
- the Video Submissions satisfy the requirements of the VSA, and
- you otherwise agree to be bound by all of the provisions of the VSA and this Agreement. Payment terms for Video Submissions are described in the VSA.
- We provide the Service for entertainment, educational and promotional purposes only. You may not rely on any information or opinions expressed on the Service for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Content (defined below). We do not endorse or warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Service by anyone other than our authorized employees or spokespersons while acting in their official capacities.
- The Service may contain links to other websites or services maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on third-party websites or services. You assume sole responsibility for your use of third-party links, websites, products and services.
- You agree that:
- you will use the Service solely for your own personal use in accordance with this Agreement and in accordance with any specific rules or usage provisions specified by us on the Service,
- all information supplied by you to us will be true, accurate, current and complete, and
- you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you (as more fully described below). We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
- You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under our control or in any way connected to the Service, shall be at your sole risk and responsibility and we shall have no obligation to back-up such data, files, information and/or other materials. We expressly reserve the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service for any reason including, without limitation, if we deem, in our sole discretion, such data to be in violation of this Agreement and/or any rule or policy of ours and/or any local, state, or federal law or regulation.
- You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including, without limitation, any loss or damage which anyone may suffer) of any such breach.
- We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
- By connecting to the Service with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that service.
- The Service includes social features designed to automatically share information with others. If you choose to make your profile on the Service visible, the information in your profile will be potentially visible to all other registered users of the Service. If you elect to keep your profile visible only to yourself, only your user name/handle will be viewable to other registered users of the Service. Please pay careful attention to your account/privacy settings on the Service, and adjust them accordingly. BY SELECTING TO MAKE YOUR PROFILE VISIBLE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHER USERS OF THE SERVICE. EVEN IF YOU DO NOT MAKE YOUR PROFILE VISIBLE, YOUR USERNAME WILL BE VISIBLE TO OTHER USERS.
- Please remember that you are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and any other user of the Service, or any user's action or inaction.
- You represent, warrant, and agree that you will not:
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state, national and international laws and regulations and treaties;
- use the Service for the distribution, housing, processing, propagation, storage, or other handling of, any Content (as defined below) or other material prohibited by this Agreement, or any material that may create a risk of any loss or damage to any person or property, or any other material (including, without limitation, links to such material) that we deem, in our sole discretion, to be objectionable whether or not such material is unlawful;
- permit or otherwise enable unauthorized users to access and/or use the Service;
- use the Service to export software or data in violation of applicable U.S. laws or regulations;
- sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service or Content, or otherwise permit any third party to use or have access to the Service or Content for any purpose (except as expressly permitted by us in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;
- remove any copyright, trademark, patent or other proprietary notices from the Service or any Content on the Service;
- distribute, publish, exhibit, or otherwise use the Service or Content, in any manner and for any purpose not expressly permitted under this Agreement;
- frame or utilize framing techniques to enclose the Service, or any portion thereof;
- exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;
- register as a user of the Service by providing false, inaccurate, or misleading information;
- post hyperlinks to commercial services or websites;
- impersonate any person or entity, including, without limitation, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- collect information about other users of the Service for commercial or any other purposes unless specifically permitted by this Agreement;
- post or otherwise make available irrelevant Content (as defined below), repeatedly post or make available the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to our computer systems (including any non-public areas of the Service) or engage in any activity that disrupts, diminishes the quality of, probes for vulnerability, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);
- make available Content (as defined below) that in our opinion constitutes or contains "affiliate marketing," "link referral codes," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement, except to the extent such Content is provided to you by us or one of our affiliates for a purpose specifically authorized by us in writing;
- create or attempt to create multiple user accounts;
- access or use the Service if you have been previously removed from the Service by us;
- use the Service for any commercial purpose or for the benefit of any third party, except as otherwise explicitly permitted for you by us;
- use the Service to encourage any conduct that:
- violates any applicable law or regulation, or any term or condition of this Agreement, or
- could create a risk of harm, loss or damage of any kind; or
- attempt to access or search the Service or Content in order to scrape any Content or information from the Service, or otherwise use, upload Content to, or create new links, posts or referrals in the Service through the use of any computerized or mechanized process, engine, software, tool, agent, device or mechanism other than the software provided by us or other generally available third party web browsers.
- The Service includes user-generated video Content (defined below). Submissions of video Content and related information and materials ("Video Submissions") are governed by the Video Submissions Agreement ("VSA") available at https://makelovenotporn.tv/policies/index#submission_agreement. Please read the VSA carefully. You may only upload or otherwise submit Video Submissions to us if:
Provision of the Service by Us
We are constantly improving the Service in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs or Content within the Service) to you or to users generally at our sole discretion, without liability or prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other Content which is contained in your account. You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the Service, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion. Any new features that augment or enhance the current Service shall be subject to this Agreement.
Access to the Service; Reservation of Rights
- Subject to your compliance with this Agreement, we hereby give you a personal, revocable, non-assignable and non-exclusive right to access and use the Service (and to view and privately display Content) in the manner and for the purposes expressly permitted by the Agreement. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to the Website or subdomains thereof so long as the link does not portray us, our parents, subsidiaries, or affiliates, or products or services provided by us or our parents, subsidiaries or affiliates in a false, misleading, derogatory, or otherwise offensive manner in our sole judgment. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.
- You may not publicly display any portion of the Service, or any films or other audiovisual or digital works available via the Service, without a written license signed by a party authorized to legally bind us to such a contractual arrangement. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Content from the Service (including, without limitation, Content you access by virtue of Fee-Based Services (defined below)).
- We reserve all right, title and interest in and to the Service not expressly granted to you under this Agreement. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
- You recognize that certain jurisdictions ("Prohibited Areas”) may have laws or regulations that prohibit you from accessing, viewing, downloading, or otherwise receiving the Service, and you represent and warrant that you will not access or use the Service in those jurisdictions.
Password; Account Security
To use certain features and functionalities of the Service, you must create an account with us, and provide certain information about yourself to us. If you are under the age of eighteen (18) or under the age of majority in your jurisdiction of residence, then you are not permitted to create an account. You agree and understand that you are solely responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at
Content in the Service
- You understand that all information and materials (including, without limitation, data files, text, scripts, computer software, music, audio files, sounds, graphics, designs, illustrations, images, photographs, videos, advertising copy, URLs, technology, compilation, assembly, arrangement of the materials, trademarks, logos, trade names, trade desk, service marks, and other forms of intellectual property) accessible as part of, or through the use of, the Service is the property of us or of our licensors or certain third parties and, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. All such information and materials is referred to as "Content".
- You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) unless specifically permitted by this Agreement.
- We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
- You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.
- You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including, without limitation, any loss or damage which we may suffer) by doing so.
- Content that you create, transmit, or display while using the Service must be appropriate for the Service. We may reject, remove, or edit any Content that:
- is unlawful, harassing, defamatory, abusive, hateful, threatening, harmful, tortious, libelous, or invasive of another's privacy;
- attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual;
- contains material or language that is, ethnically offensive, "off color," political, or propaganda;
- infringes or violates any party's rights, including, without limitation, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution or in a way that is likely or intended to cause confusion, or using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- has been broadcasted, streamed, published or televised in any form of media, including, without limitation, television, books and movies;
- contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
- uses the Service to buy or solicit any goods, services, or money to advertise or sell products or services of others;
- discloses or references any information relating to an identified or identifiable individual;
- depicts or describes any activities that would violate the personal privacy rights of others, including, without limitation, collecting and distributing information about others without their permission;
- impersonates any person or entity, including deep-fakes; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including, without limitation, headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any Content transmitted to the Service;
- contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- interferes with, disrupts, or harms in any way the Service or any servers or networks connected to the Service;
- uses the Service for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
- promotes drugs or alcohol, illegal or inappropriate activities or any other dangerous behavior that may result in harm;
- posts on behalf of a banned user; or (xvii) we otherwise determine to be inappropriate for the Service or inconsistent with our image and reputation.
- Depending upon the geographic location of the user, the equipment that the user is using to access the Service, the bandwidth available to the user and other factors, certain users may not have access to streaming Content.
- In no event will we be liable for the removal of or disabling of access to any Content, materials or functionality of the Service. You specifically acknowledge and agree that third party Video Submissions may be removed or taken down at any time, by us, or our licensors, for any reason or no reason, and, except as otherwise expressly provided in this Agreement, we shall have no liability to you in connection therewith.
- You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Service, including, without limitation, any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including, without limitation, the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material, and all intellectual property rights to the same, are owned or controlled by us, our licensors, or both.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.
- You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Grant of Rights
- You retain copyright and any other rights you already hold in all Content which you upload or otherwise submit to, or make available on, the Service.
- By uploading, submitting or otherwise making available Video Submissions, you grant us and other users of the Service the rights described in the VSA.
- By posting, uploading, submitting or otherwise making available Content (other than Video Submissions), you give us a worldwide, perpetual, fully-sublicensable (through multiple tiers), transferable, irrevocable, royalty-free, and non-exclusive license to use, host, store, reproduce, adapt, modify, translate, re-arrange, publish, publicly perform, publicly display, distribute and otherwise exploit such Content (in whole or in part) in any manner or media whatsoever, now known or hereafter developed, for any purpose whatsoever, including, without limitation,
- in connection with our business and
- in connection with the business of our successors, subsidiaries, and their related companies. The Service is a public platform and other users of the Service may, and you hereby grant all users of the Service the right to, search for, see, and/or use any Content that you make publicly available through the Service to the extent permitted by the features and functionalities of the Service.
- You agree that we may use your feedback, suggestions, or ideas (collectively, "Feedback") in any way, including, without limitation, in future modifications of the Service, other products or services, advertising or marketing materials, and without any compensation or accounting to you. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use Feedback you provide to us in any way. In no event will Feedback you provide us be treated as confidential. Please also be aware that your Feedback will not be acknowledged and does not create a confidential, fiduciary or other special relationship between you and us, or place us in a position that is any different from the position held by members of the general public. You acknowledge and agree that we do not have now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Feedback, and that we are not responsible for the loss, deletion, failure to store or mis-delivery of any Feedback submitted.
- You agree that we are not responsible for protecting and enforcing any intellectual property rights granted by you to us in connection with this Agreement and that we have no obligation to do so on your behalf.
- By submitting Content, you also grant us the right to use your name, picture, likeness, voice, and biographical information in connection with the use or publication of your Content.
- In connection with Content you upload, submit, post, or otherwise make available via the Service, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use such Content in the manner contemplated by this Agreement. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant to us all of the rights granted herein. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
- You understand that we may:
- transmit or distribute your Content over various public networks and in various media;
- make such changes to your Content as determined by us in our sole discretion (including, without limitation, changes to conform and adapt Content to the technical requirements of connecting networks, devices, services or media); and
- display advertisements in connection with your Content and/or use your Content for advertising and promotional purposes. You agree that the rights and licenses you grant to us in this Agreement shall permit us to take these actions.
- You represent and warrant to us that you have the full right, capacity, power and authority necessary to grant the rights and licenses granted herein.
- Some of the Content on the Service is available only on a fee basis (that is, you must pay to access the Content), including pay-per-rental ("PPR") and subscription ("Subscription") films. Parts of the Service we make available on a fee basis are sometimes referred to herein as the "Fee-Based Services".
- Our PPR films are available at the price points as set forth on the Service. We reserve the right to change those at any time. In any event, whatever the price, it will be clearly marked on the launch page for the PPR film and clearly marked when you enter your payment information. A valid credit card (VISA, MasterCard or American Express) is required to pay for the PPR films. The PPR fee will be charged when you submit the credit card information to us. Currently, each PPR film is available to you for three (3) weeks (i.e., 21 consecutive days) of unlimited viewing, from the time your order is approved by us. We reserve the right to change the time period with respect to future films but will not change the time period with respect to films that you have already paid for. You can watch the PPR film whenever you want, as many times as you want during the authorized time period. After that time, if you want to watch the PPR film, you will have to pay the PPR fee again.
- Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Subscription, you get access to the number of Subscription films allotted to you by your Subscription. For example, if you sign up for a 30 film Subscription, you can access 30 Subscription films during the Subscription period. You can watch each Subscription film whenever you want, as many times as you want during the Subscription period. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND WE WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Not all PPR films may be available as Subscription films and not all Subscription films may be available as PPR films.
- Your payment will automatically renew at the end of the Subscription period, unless you cancel your Subscription through your Subscription page before the end of the current Subscription period. The cancellation will take effect the day after the last day of the current Subscription period. We may change the price for the Subscriptions, from time to time, by posting the new price on the Service. Price changes for Subscriptions will take effect at the start of the next Subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.
- Trial Subscriptions
- From time to time, we may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We will require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, WE WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A REOCURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.
- Valid payment information (such as a VISA, MasterCard or Diner's Club credit card) is required to pay for the Fee-Based Services. Upon receipt of payment of the applicable fees to our third party payment processor, we grant you a limited, non-transferable license to access, use and privately display the applicable Fee-Based Services soley as provided in this Agreement, on once computer at a time, solely for you personal, non-commercial use, and provided that you are not in breach of this Agreement.
- Please note that in order to access the Fee-Based Services, your computer(s) must be connected to the Internet. Additionally, the Fee-Based Services will only operate on certain hardware and software platforms specified at the "How it Works" feature of the Services. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Fee-Based Services. Please check the requirements periodically, as we reserve the right to change or cease support of any hardware or software platforms at any time.
- In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), Internet service provider fees, telephone and computer equipment, and any service fees necessary to access the Fee-Based Services.
- You specifically agree not to assign, transfer or sublicense your rights as a customer of the Fee- Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account. You hereby authorize us to charge the payment information you submit (which you hereby acknowledge was entered by you) to pay for the Fee-Based Services. You agree to keep the information accurate and will be personally liable for all charges incurred by you during or through the use of the Fee-Based Services. Your liability for such charges shall continue after termination of your use of the Service.
- If you are unable to view your selected film(s), please contact . We will work with you to try to solve your problem. Your exclusive and sole remedy with respect to Content for which you have paid, but that you are not able to use, and our only obligation, will be either replacement of such Content, or refund of the fee paid for such Content, which will be at our sole discretion.
- In the event of any errors relating to the pricing or specifications, we shall have the right to refuse or cancel any orders in its sole discretion. If we charged your payment card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.
We respond to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
- A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated agent is:
- DMCA Agent
- Make Love Not Porn, LLC
- 110 East 25 th Street, New York, NY 10010
- Phone: 212.273.0440
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 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 of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
We will respond to counter notifications in accordance with the DMCA.
Changes to Agreement; Additional Rules & Policies
We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time, upon the provision of reasonable notice thereof to you, which may include sending you an e-mail or posting an announcement on the Service. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by us. If you object to any such changes, your sole recourse is to cease using the Service. From time to time, we may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service ("Additional Terms"). These Additional Terms shall thereafter be part of this Agreement. To the extent there is a conflict between this Agreement and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Third Party Services
The Service may link you to other sites on the Internet including, without limitation, sites owned or controlled by our licensors. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of us, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND ANY OF OUR OR THEIR DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, (COLLECTIVELY, THE “MLNP PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE MLNP PARTIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU OR ANY THIRD PARTY SUBMITS, POSTS OR SENDS OVER THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR AND OTHER USERS' ONLINE DISTRIBUTION AND PUBLICATION OF CONTENT PROVIDED BY YOU AND THEM.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM OUR INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
DISCLAIMER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MLNP PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING ANY DIRECT ,SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL ARISING OUT OF OR IN CONNECTION WITH:
- THE SERVICE OR THE CONTENT THEREIN;
- THIS AGREEMENT; OR
- YOUR MISUSE OF, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE;
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM OUR INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the MLNP Parties from and against any and all liabilities, losses, damages, claims, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or in connection with any of the following:
- your actual or alleged violation or breach of this Agreement,
- your misuse the Service,
- your Content,
- your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities,
- your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right,
- your use of a third party service, or
- any misrepresentation made by you.
We reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. You will not in any event settle any claim without the prior written consent of us. For the avoidance of doubt, this section shall survive the termination of this Agreement.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
If you are a California resident, you waive California Civil Code 1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Waiver of Injunctive or other Equitable Relief
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US OR A LICENSOR OF US.
Suspension and Termination
We may suspend or terminate this Agreement, in whole or in part, to any individual user or all users, for any reason, at any time in our sole discretion and without advance notice to you or liability. Upon suspension or termination of your access to the Service, or upon notice from us, the licenses granted to you herein by us shall terminate immediately, and you shall immediately cease using the Service and Content.
Agreement to Arbitrate Dispute and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- The Parties Agree to Arbitrate
- What is Arbitration
- Arbitration Procedures
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
- Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
The parties agree to resolve any claims relating to this Agreement through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to this Agreement shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, the parties must do the following things:Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
No consent or approval may be deemed to have been granted by us without being in writing and signed by one of our officers.
All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to arbitration, choice of law, no class action, and no trial by jury.
Severability and Interpretation
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Agreement.
No Assignment, Sublicense or Transfer
We may assign our rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void.
All legal notices to us must be mailed to: Make Love Not Porn, LLC, Attention Legal, 110 East 25 th Street, New York, NY 10010. You agree that we may communicate with you electronically. Such electronic communications may consist of email, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing
Entire Agreement and No Waiver
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, without limitation, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY US TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.
Investigations and Cooperation with Law Enforcement
We reserve the right to investigate and prosecute any suspected breaches of this Agreement or the Service. We may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
California Consumer Rights and Notices
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov .
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re- export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.