1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the LostInPorn.com domain name, the "LostInPorn Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF LostInPorn'S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the LostInPorn Website.
2. LostInPorn Website
These Terms of Service apply to all users of the LostInPorn Website, including users who are also contributors of video content, information, and other materials or services on the Website. The LostInPorn Website may contain links to third party websites that are not owned or controlled by LostInPorn. LostInPorn has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, LostInPorn will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve LostInPorn from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the LostInPorn Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. LostInPorn hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
you are at least 18 years of age;
the Website as permitted is solely for your personal, noncommercial use;
you will not copy or distribute any part of the Website in any medium without LostInPorn's prior written authorization;
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another person's account without express written permission from the account holder. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LostInPorn immediately of any breach of security or unauthorized use of your account. Although LostInPorn will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of LostInPorn or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the LostInPorn servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LostInPorn grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LostInPorn reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the LostInPorn Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to LostInPorn, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. LostInPorn reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the xHamster Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the xHamster Website or the Content therein.
5. User Submissions
A. The LostInPorn Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, LostInPorn does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
you own or have the necessary licenses, rights, consents, and permissions to use and authorize LostInPorn to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to LostInPorn, you hereby grant LostInPorn a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the LostInPorn Website and LostInPorn's (and its successor's) business, including without limitation for promoting and redistributing part or all of the LostInPorn Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the LostInPorn Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the xHamster Website.
All visual depictions displayed on this Web site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created.
All other visual depictions displayed on this Web site are exempt from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because said visual depictions are not visual depictions of conduct specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990, or were produced, manufactured, published, duplicated, reproduced, or reissued before May 26, 1992.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the Web site.
In connection with User Submissions, you further agree that you will not:
POST, ALLOW ANOTHER TO POST OR BE IN ANY WAY INVOLVED IN THE POSTING OF ANY MATERIAL THAT DEPICTS OR IMPLIES PERSONS UNDER THE AGE OF 18: no visual depictions of anyone under the age of 18 - PERIOD! Even if the minor is fully dressed, playing at the park. YOU WILL BE BANNED AND REPORTED TO THE POLICE! LostInPorn does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and LostInPorn expressly disclaims any and all liability in connection with User Submissions. LostInPorn does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and LostInPorn will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. LostInPorn reserves the right to remove Content and User Submissions without prior notice. LostInPorn will also terminate a User's access to its Website, if they are determined to be a repeat infringer.
A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. While pornographic and adult content are accepted, LostInPorn also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. LostInPorn may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Privacy Police
The Information LostInPorn Collects:
User Provided Information: You provide certain personally identifiable information (such as your name, email and in some cases mailing address) to LostInPorn when choosing to participate in various activities on the LostInPorn Sites such as uploading videos, posting messages in our forums or in the photo/video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
Cookies Information: When you visit the LostInPorn Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. LostInPorn uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the LostInPorn Sites may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the LostInPorn Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
The Way LostInPorn Uses Information:
If you submit personally identifiable information to us through the LostInPorn Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the LostInPorn Sites.
Any personal information or photo/video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the LostInPorn Sites and other Users can contact you through messages and comments. Any videos that you submit to the LostInPorn Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major LostInPorn Site changes or for customer service purposes).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the LostInPorn Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the LostInPorn Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
When LostInPorn Discloses Information:
We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the LostInPorn Sites.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order,subpoena, or search warrant.
LostInPorn also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that LostInPorn believes, in good faith, is appropriate or necessary to enforce our Terms, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of LostInPorn, our Users or others.
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