Terms of Use

Updated June 6, 2012.

Please review these terms and conditions of use carefully before using PornWitch.com.

1. Introduction

This document outlines the terms and conditions (“Terms”) under which PornWitch.com (“we” or “us”) will provide services to you through PornWitch.com (the “Website”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Website, you acknowledge and accept these Terms. The terms “you” or “your” refer to you, any entity you represent, and any of your representatives, successors, assigns, and affiliates, and any of your or their devices. If you do not agree to these Terms, please navigate away from the Website and cease using it.

2. Eligibility

You must be at least eighteen (18) years of age to use the Website, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Website is not permitted where prohibited by law.

3. Grant of Use

We grant you a non-exclusive, non-transferable, and limited right to access, non-publicly display, and use the Website, including all content available therein (the “Content”) on your computer consistent with these Terms. This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but are not obligated to: (i) delete or deactivate your account, (ii) block your e-mail and/or IP addresses or otherwise terminate your access to or use of the Website, and/or (iii) remove and/or delete any of your User Submissions. You agree not to use or attempt to use the Website after said termination. Upon termination, your right to use the Website shall cease, but all other provisions of these Terms shall survive.

4. Intellectual Property

The Content, excluding Third Party Content, including text, graphical images, photographs, music, video, software, scripts, and trademarks, service marks, and logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark, and/or other rights under applicable laws. We reserve all our rights over our Proprietary Materials. Except as explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

5. Content on the Website

The Website is a search engine. We do not upload or post any Content to the Website. The Website merely contains information regarding the location of files on the Internet. You acknowledge that when using the Website, you may be exposed to Content from various sources, including automated means (collectively, “Third Party Content”), and that we do not control and are not responsible for any Third Party Content. You acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable, and you agree to waive any legal or equitable rights or remedies you may have against us with respect thereto.

6. User Conduct

You represent and warrant that all the information provided by you to us is accurate and current and that you have all necessary rights, power, and authority to agree to these Terms and to perform the acts required of you under these Terms.

You agree not to use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted materials. As a condition of your use of the Website, you agree to abide by all applicable local, state, national, and international laws and regulations. You agree not to use the Website in any way that exposes us to criminal or civil liability. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Website.

7. Privacy Policy

We retain a separate Privacy Policy, and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Website. The top of the Privacy Policy page will indicate the date that revisions were last made. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

8. Digital Millennium Copyright Act

We respect the intellectual property rights of others. You may not infringe the copyright, trademark, or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any intellectual property rights of others and may terminate your use of the Website if you submit any such Content.

As part of our repeat-infringement policy, any user for whose material we receive three good-faith and effective complaints within any contiguous six-month period will have their grant of use of the Website terminated.

Pursuant to Title 17, Section 512(c)(2) of the United States Code, if you believe that any of your copyrighted material is being infringed on the Website, please send notifications of claimed copyright infringement to [email protected].

All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. Pursuant to Title 17, Section 512(c)(3) of the United States Code, an effective notification of claimed infringement must be a written communication to our agent that includes substantially the following:

Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., a URL) of an authorized version of the work;
Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Website;
Information that will allow us to contact you, including your address, telephone number, and, if available, your e-mail address;
A statement that you have a good faith belief that the use of the material complained of is not authorized by you, your agent, or the law;
A statement that the information in the notification is accurate and that under penalty of perjury you are the owner or are authorized to act on behalf of the owner of the work that is allegedly infringed; and
A physical or electronic signature from the copyright holder or an authorized representative.

9. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. The top of the Terms will indicate the date that revisions were last made. Your continued use of the Website following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

10. Indemnification and Release

You agree to indemnify us and hold us harmless from any and all third-party claims and expenses, including attorney's fees, arising from your use of the Website and/or your breach of these Terms.

In the event that you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

11. Disclaimer of Warranties and Limitation of Liability

THE WEBSITE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

To the extent permissible under applicable laws, in no event shall we or our subsidiaries, affiliates, or any of our or their shareholders, directors, officers, employees, licensors, or agents be liable (jointly or severally) to you for personal injury or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever.

12. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the use of the Website and supersede any prior agreements between you and us relating to your use of the Website. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.