Terms of Service

Terms of Service:

Updated: April 29, 2016

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

This document states the terms and conditions (“Terms”) upon which PornHit Inc., (“we” or “us”), will provide service to you PornHit.com (the “Website”). These Terms constitute a contractualagreement between you and us. By visiting, accessing, using, and/or joining (collectively “using”) the Website,you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or“your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates,and any of your or their devices. If you do not agree to be bound by these Terms, navigate away from the Websiteand cease using it.

Eligibility
You must be at least eighteen (18) years of age to use the Website, unless the age of majority in yourjurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age ofmajority in your jurisdiction. Use of the Website is not permitted where prohibited by law.
Grant of Use
We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and usethe Website, including all content available therein (the “Content”) on your computer consistent withthese Terms.
This grant is terminable by us at will for any reason and at our sole discretion, with or without priornotice. Upon termination, we may, but shall not be 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 (defined below). You agree not to use or attempt touse the Website after said termination. Upon termination, the grant of your right to use the Website shallterminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsibleto you or any third party for the termination of your grant of use.
Intellectual Property
The Content, excluding Third Party Content (defined below), 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 Materialsare subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions,including the United States, foreign laws, and international conventions. We reserve all our rights overour Proprietary Materials.
Except as otherwise 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, inwhole or in part, any Content.
Content on the Website
The Website is a search engine (such as Google or Bing). We do not upload or post any Content to theWebsite. The Website merely contains information regarding the location of files on the Internet, atlocations which we do not own, operate or control. You understand and acknowledge that, when using theWebsite, you will be exposed to Content from a variety of sources including content made available onthe Website through automated means (collectively, “Third Party Content”) and that we do not control andare not responsible for any Third Party Content. You understand and acknowledge that you may be exposedto Content that is inaccurate, offensive, indecent or otherwise objectionable or may cause harm to yourcomputer systems and you agree to waive, and hereby do waive, any legal or equitable rights or remediesyou may have against us with respect thereto.
We claim no ownership or control over Third Party Content. Third parties retain all rights to Third PartyContent and they are responsible for protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Website forinappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor suchContent, we assume no responsibility for such Content, have no obligation to modify or remove any suchContent (including Third Party Content), and assume no responsibility for the conduct of otherssubmitting any such Content (including Third Party Content).
All Content on the Website is provided to you “AS-IS” for your information and personal use only and youshall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwiseexploit for any other purpose whatsoever that Content without the prior written consent of therespective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to anyContent for any reason, or for no reason at all, with or without notice.
User Conduct
You represent and warrant that all the information provided by you to us is accurate and current and thatyou have all necessary rights, power and authority to agree to these Terms and to perform the actsrequired of you under these Terms.
YOU AGREE NOT TO USE THE WEBSITE FOR MAKING, OBTAINING OR OTHERWISE ACCESSING ILLEGAL COPIES OFCOPYRIGHTED MATERIALS.
As a condition of your use of the Website:
1. You agree not to use the Website for any unlawful purpose or in any way that is prohibited by theseTerms;
2. You agree to abide by all applicable local, state, national and international laws and regulations;
3. You agree not to use the Website in any way that exposes us to criminal or civil liability;
4. You agree that you are solely responsible for all acts and omissions that occur as a result of youruse of the Website;
5. You agree to maintain the security of your login password and to be fully responsible for any andall use of your account;
6. You agree not to use or attempt to use any other party’s account on the Website withoutauthorization;
7. You agree not to use any automated means, including robots, crawlers or data mining tools, todownload, monitor or use data or Content from the Website;
8. You agree not to use the Website to collect usernames and/or e-mail addresses for sendingunsolicited messages of any kind;
9. You agree not to take any action that imposes, or may impose, in our sole discretion, anunreasonable or disproportionately large load on our technology infrastructure or otherwise makeexcessive demands on it;
10. You agree not to “stalk” or otherwise harass anyone on the Website;
11. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the originof any information you transmit;
12. You agree not to disable, circumvent, or otherwise interfere with security related features of theWebsite or features that prevent or restrict use or copying of any content or which enforcelimitations on the use of the Website or the content therein;
13. You agree not to post, link to, or otherwise make available on the Website any material thatcontains software viruses or any computer code, file or program designed to interrupt, destroy,limit or monitor the functionality of any computer software or hardware or any telecommunicationsequipment;
14. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in anyway commercially exploit or make available the Website or any Content to any third party;
15. You agree not to “frame” or “mirror” the Website; and
16. You agree not to reverse engineer any portion of the Website.
We reserve the right to take appropriate action against any user for any unauthorized use of the Website,including civil, criminal and injunctive redress and the termination of any user’s use of the Website.Any use of the Website and our computer systems not authorized by these Terms is a violation of theseTerms and certain international, foreign and domestic laws, including the Computer Fraud and AbuseAct.
Privacy Policy
We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to thePrivacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendmentsto the Website. The top of the Privacy Policy page will indicate the date that revisions were last made.No other notification may be made to you about any amendments. Your continued use of the Websitefollowing such amendments will constitute your acceptance of such amendments, regardless of whether youhave actually read them.
Digital Millennium Copyright Act
We respect the intellectual property rights of others. You may not infringe the copyright, trademark orother proprietary informational rights of any party. We may in our sole discretion remove any Content wehave reason to believe violates any of the intellectual property rights of others and may terminate youruse of the Website if you submit any such Content.
REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR WHOSE MATERIALWE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY CONTIGUOUS SIX-MONTH PERIOD WILLHAVE HIS 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 yourcopyrighted material is being infringed on the Website, we have designated an agent to receivenotifications of claimed copyright infringement. Notifications should be e-mailed to legal@pornhit.com or to:
Copyright Agent at LightSoft
100 SE 3rd Avenue
10th Floor
Fort Lauderdale, FL 33394
United States
All notifications not relevant to us or ineffective under the law will receive no response or actionthereupon. Pursuant to Title 17, Section 512(c)(3) of the United States Code, an effective notificationof claimed infringement must be a written communication to our agent that includes substantially thefollowing:
1. Identification of the copyrighted work that is believed to be infringed. Please describe the workand, where possible, include a copy or the location (e.g., a URL) of an authorized version of thework;
2. Identification of the material that is believed to be infringing and its location. Please describethe material and provide a URL or any other pertinent information that will allow us to locate thematerial on the Website;
3. Information that will allow us to contact you, including your address, telephone number and, ifavailable, your e-mail address;
4. A statement that you have a good faith belief that the use of the material complained of is notauthorized by you, your agent or the law;
5. A statement that the information in the notification is accurate and that under penalty of perjurythat you are the owner or are authorized to act on behalf of the owner of the work that is allegedlyinfringed; and
6. A physical or electronic signature from the copyright holder or an authorized representative.

Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. Thetop of the Terms will indicate the date that revisions were last made. No other notification may be madeto you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCHAMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLYREAD THEM.
Indemnification and Release
You hereby 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 or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any third parties, you herebyrelease us, our officers, employees, agents and successors-in-right from claims, demands and damages(actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected,disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
If you are a California resident, you waive California Civil Code Section 1542, which states: “A generalrelease does not extend to claims which the creditor does not know or suspect to exist in his or herfavor at the time of executing the release, which if known by him or her must have materially affectedhis or her settlement with the debtor.”
Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLELAW.
The Website may contain links to third-party websites which are completely independent of us. We assumeno responsibility for the content, privacy policies, or practices of and make no representation orwarranty as to the accuracy, completeness or authenticity of information contained in any third partywebsites. We have no right or ability to edit the content of any third party websites. You acknowledgethat we shall not be liable for any and all liability arising from your use of any third partywebsites.
The Website is provided “AS-IS” and without any warranty or condition, express, implied or statutory. Wespecifically disclaim to the fullest extent any implied warranties of merchantability, fitness for aparticular purpose, non-infringement, information accuracy, integration, interoperability or quietenjoyment. We disclaim any warranties for viruses or other harmful components in connection with theWebsite. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OREXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANYASPECT OF YOUR USE OF THE WEBSITE. WHETHER SUCH DAMAGES ARISE FROM (i) YOUR USE, MISURE OR INABILITY TOUSE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION,MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BYUS. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES ORPRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOWLIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TOYOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE WEBSITE WILLBE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OFTHE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR(v) ANY ERRORS IN CONTENT WILL BE CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARESOLELY RESPONSBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTSFROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE OR ANY OTHERGRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE WEBSITE. IN NO CASE SHALL THE MAXIMUM LIABILITY OFUS ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US, OR OWED BYUS TO YOU, PURSUANT TO THESE TERMS.
Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or disputethat may arise between you and us, are governed by the laws of Gibraltar without regard to conflict oflaw provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONALAND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS LOCATED IN GIBRALTAR.
General Terms
1. These Terms, as amended from time to time, constitute the entire agreement between you and us andsupersede all prior agreements between you and us and may not be modified without our writtenconsent.
2. Our failure to enforce any provision of these Terms will not be construed as a waiver of anyprovision or right.
3. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law,then the invalid and unenforceable provision will be deemed superseded by a valid, enforceableprovision that most closely matches the intent of the original provision and the remainder of theagreement shall continue in effect.
4. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
5. These Terms are not assignable, transferable or sublicensable by you except with our prior writtenconsent, but may be assigned or transferred by us without restriction.
6. You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website.
7. The section titles in these Terms are for convenience only and have no legal or contractual effect.
8. As used in these Terms, the term “including” is illustrative and not limitative.