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Created: July 3, 2015
Last Updated: July 3, 2015
Inc. respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website TheBestPorn.com ("Website") and our practices for collecting, using, keeping, protecting, and disclosing that information.
This policy applies to information we collect:
- On this Website (including desktop and mobile versions).
- In email, text, and other electronic messages between you and this Website.
- When you interact with our advertising on third-party websites and services, if the advertising include links to this policy.
- When you interact with this Website through third-party social media platforms.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by or any third party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from (or on) the Website.
- Are minors welcome on our Website?
We do not intend this Website for minors. The Website limits access to adults' at least 18-years old that have reached the age of majority in their jurisdiction. We prohibit all persons who do not meet the age requirements from accessing this Website. We do not knowingly collect any personal information from or about minors, and minors may not access this Website or use its services.
Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information about providers of these protections may be found on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- What types of information do we collect about you?
Information we collect from users
This Website is a free service for surfers that does not require registration or the submission of any personal information to use the Website. We keep confidential and do not share with any third parties all names and email addresses you input on a form on our Website (contact us, nominate website, submit error report, etc.). We do not send email solicitations (spam) to users who submit an email address at one of these sections (i.e., contact us, nominate website, submit error report, etc.).
Information we collect from webmasters
Webmasters submitting or maintaining their websites with us must create an account where confidential information like email addresses, passwords, and website passes (i.e., login information for your website), are kept. When you create an account, you provide us with the following information: (1) your email address (required), (2) your real name (optional); (3) your website URL (required); (4) your title/position (required); (5) ICQ (optional); (6) your location (required); (7) your gender (optional); and (8) your birth date (required).
Information we collect through social media
You may engage with the Website's content and other offerings on or through third-party social media websites, like Facebook® and Twitter®. If you do, when you link your account or engage with content on or through third-party social media websites, services, plugins, or applications, you may allow us to have ongoing access to certain information from your social media account. We may also receive nonpersonally identifiable information from your interaction with the Website's content, including content viewed, content preferences, and information about any advertisements within the content you have been shown or may have clicked on.
If you interact with this Website through social media websites, plugins, or other applications, then, depending on your privacy settings, this information may become public on the Internet. You acknowledge that we cannot prevent further use of this information once it becomes public on the Internet. You can control what data you share through privacy settings available on some social media websites. For more information about how you can customize your privacy settings and how third-party social media websites handle your personally identifiable information, please refer to their privacy help guides, privacy policies, and terms.
Information we collect about usage
We may collect certain nonpersonally identifiable information when you use this Website. For example, we may collect information on the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, IP address, and certain usage information including the locations of the webpages that you viewed right before arriving at, while navigating, and immediately after leaving the Website.
Information we collect from mobile devices
Information we collect from other sources
- How do we collect information about you?
We collect information about you:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies. We do not collect personal information automatically.
The technologies we use for automatic data collection may include:
How do we use your information?
- Web Beacons. Pages of our Website (and our emails) may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit , for example, to count users who have visited those pages (or opened an email) and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). If you want to learn more about web beacons, please see www.allaboutcookies.org/web-beacons/.
We use information that we collect about you or that you provide to us, including any personal information:
With whom do we share your information?
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes to our Website, Website news or announcements, special offers, or any products or services we offer or provide through the Website.
- To allow you to participate in any interactive features on our Website.
- To request member passwords if we need access to one of your listed websites as part of our review procedure.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may disclose aggregated information about you, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of 's assets, whether as a going concerning or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
What choices do you have about how we use and disclose your information?
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of , our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
We strive to provide you with choices about the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
How do you access and correct your information?
- Marketing communications. If you do not want to have your email address used by to promote our own or third parties' products or services, you can opt-out by (1) following the "unsubscribe" instructions in any marketing email you receive from us or (2) sending us an email at admin [at] thebestporn [dot] com to request removal from future email distributions. This opt-out does not apply to transactional emails, including service announcements and administrative notices.
You may send us an email at admin [at] thebestporn [dot] com to request access to, correct, or delete any personal information that you have provided to us. We will not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Webmasters can review and change their personal information by logging into the Website and visiting their account profile page. Webmasters may also send us an email at admin [at] thebestporn [dot] com to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your webmaster account. We will not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
How do we protect your personal information?
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. In addition, we encrypt all webmaster provided passwords in our database and do not share or sell them to any other companies.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information over the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Do we comply with Do Not Track?
Do Not Track ("DNT") is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt-out. But we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information about DNT signals, you may visit www.allaboutdnt.com.
Where do we process EU personal information?
Any personal information collected about EU visitors through the services is processed in Canada or in other countries in which we or our affiliates, subsidiaries, or service providers host these services. When you provide personal information to us through the services, you consent to the processing of your data in, and the transfer of your data to, Canada or any other country in which we or our affiliates, subsidiaries, or service providers host these services.
Your California Privacy Rights
If you are a California resident, you have the right to receive (1) information identifying any third-party company to whom we may have disclosed, within the past calendar year, personal information concerning you and your family for our direct marketing purposes; and (2) a description of the categories of personal information disclosed. If you want to exercise this right, you must make a request in writing to us to obtain this information. We will not process your request unless it includes your full name, email address, postal address, the URL for the website you visited, and the subject line labeled "Your California Privacy Rights." Please email your request to admin [at] thebestporn [dot] com. We will only honor one request per calendar year.
Your Canadian Privacy Rights
This Website is subject to Canadian law, including, the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5). If you believe that we have violated your privacy rights in any way, please contact us immediately at admin [at] thebestporn [dot] com. You may visit www.priv.gc.ca for more information about your privacy rights.
DMCA take-down requests
This Website complies with the Digital Millennium Copyright Act. If you reasonably believe your copyrighted work has been used or posted by a third party without your authorization, you may follow the instructions here on how to report it.
By submitting a copyright infringement notice or other communication (including communications about content stored on or transmitted through the Website), you consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by your communication, in order to facilitate a prompt resolution. We forward DMCA infringement notices (including any personally identifying information contained in the notices) as submitted to us without any deletions.
Created: July 3, 2015
Last Updated: July 3, 2015
Minors prohibited. This Website contains, and directs you to websites containing, pornographic content and is not intended for minors. Only adults who are at least 18-years old that have reached the age of majority in their community may access this Website. If you do not meet this age requirement, you must not access this Website.
Section 230(d) Notice: Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, you can restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- Introduction; Scope of Terms
- This Website provides a complete resource for users seeking pornography on the Internet. On this Website, we offer reviews of websites containing pornographic content and special discounts for select pornographic websites. This Website and the websites we review contain graphic depictions of nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. While access to this Website is free and no registration is required (except for webmasters), this Website is offered and available only to adults at least 18-years old who have reached the age of majority in their community.
- We offer this Website, the reviews, and the links for informational purposes only. By accessing this Website, you acknowledge that each review constitutes the mere opinion of the reviewer and that you should not rely on this Website or the reviews for advice of any nature. We are not responsible for the actions, decisions, or other behavior you take or do not take in reliance on this Website or the reviews contained on this Website. The reviews and other materials on this Website may be outdated, and we make no commitment to update them. Not all websites mentioned on this Website may be available at the time that you view them. You act at your own risk in relying on the contents of this Website.
- These terms apply to all users of the Website (including the mobile version), whether you are a "visitor," a "user," or a "webmaster." By accessing any part of this Website, you accept these terms. If you do not want to agree to these terms, you may not access this Website. If you breach these terms, we may revoke your license to access this Website.
- We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the "last updated" date stated on the top of this webpage. Changes will not operate retroactively. While we will try to notify you when we change these terms, you should frequently check this webpage so you are aware of any changes. If you do not agree to the changes, you must stop accessing this Website. Your continued access to this Website after the posting of changes to these terms means that you agree to the changes.
- If you have any questions about these terms or any questions or comments about this Website, please email us at admin [at] thebestporn [dot] com and we will try to get back to you by the end of the next business day.
- Adult Entertainment and Eligibility Requirements
- This Website contains uncensored sexually explicit material unsuitable for minors. This Website is offered and available only for adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you do not meet these age requirements, you must not access this Website.
- By accessing the Website, you state that the following facts are accurate:
- You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to agree to these terms;
- You are aware that you may be exposed to websites from a variety of niches that you may find offensive, obscene, or otherwise objectionable;
- You are aware of the pornographic nature of the content available on the Website and that you are not offended by content depicting men or women in various sexual situations;
- You are familiar with your community's laws affecting your right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
- You have the legal right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities and we have the legal right to transmit them to you;
- You are voluntarily requesting pornographic materials for your own private enjoyment;
- You will not share these materials with a minor or otherwise make them available to a minor;
- You understand that all reviews located on the Website are merely the opinion of the author;
- You understand that is not responsible for the content of any reviewed websites; and
- By entering the Website, you will have released and discharged the providers, owners, and creators of this Website from all liability that might arise, including actions that you take in reliance on any reviews, opinions, or comments on the Website.
- Child Pornography Prohibited
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct found on the Website were 18-years old or older at the time of the creation of the depictions. We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at admin [at] thebestporn [dot] com . Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
- Ownership of Content; Limited License
- owns or has the license to use:
- this Website, including its past, present, and future versions;
- all webpages found within the Website;
- all the material and information on this Website;
- all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, "look and feel," and arrangement of the content contained on the Website; and
- all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration.
Intellectual property laws, including copyright, patent, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect this Website and its content. In using the Website or the content, you will comply with all applicable intellectual property laws, and any specific notices contained on the Website.
We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By "access," we mean visit the Website, use its services, and view its content. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
The license granted in section 4.2 does not include: (1) any resale or commercial use of the Website; (2) the distribution, public performance, or public display of the Website or the content; (3) changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless we specifically authorize change or derivative use in a separate written agreement with you; (4) use of any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage caching) any portion of the Website or the content except as permitted on the Website; or (6) any other use of the Website or the content other than for its intended purpose. Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by these terms will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.
- The trademarks, service marks, logos, slogans, and domain names referenced on the Website, including "THE BEST PORN℠" ("marks"), are either common-law service marks or trademarks, or registered service marks or trademarks that belong to , and trademark laws in the United States, Canada, and other countries, and international laws and treaties, protect them. Other names of actual companies and websites mentioned on this Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with . Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other "hidden text" using marks that belong to and its licensors, without advanced written permission from or the third party who may own the mark.
- You will not reproduce, imitate, or use the Website's marks in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website. If you do, your actions may constitute an infringement of 's rights or the rights of third parties.
- We neither endorse nor recommend the owner of any third-party trademarks or service marks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Linking to the Website
We hereby grant you a limited, nonexclusive, nontransferable license to create a link in the forms available at http://www.thebestporn.com/webmasters/banners.html or http://www.thebestporn.com/webmasters/reviewed.html. You will not link directly to any other webpage or content within the Website (webmasters may link directly to the review of their website) without our advance written consent. We only consent to links in which the link and the webpages that are activated by it do not:
- duplicate the content of the Website;
- frame or create any other border around the content or any webpages on the Website or use other techniques that change in any way the visual presentation or appearance of any content within the Website;
- misrepresent your relationship with or otherwise create a false affiliation, connection, or association with ;
- imply that approves or endorses you, your website, or your services or product offerings (except as authorized at http://www.thebestporn.com/webmasters/reviewed.html);
- present a false or misleading impression about or otherwise damage the goodwill associated with the name or marks;
- use marks in webpage text, metatags, or hidden text to gain higher rankings from search engines; or
- use 's name, marks, colors, or other brand features unless authorized by us at http://www.thebestporn.com/webmasters/banners.html or http://www.thebestporn.com/webmasters/reviewed.html.
We may revoke this license at any time. If we revoke this license, you will promptly remove all links to the Website and stop using our marks. We will disable any unauthorized links or frames. We make no statements about websites that link to this Website and will not be liable for the content available on any other website that links to this Website.
Links from the Website
As a convenience to you, the Website contains links to other websites and resources provided by persons independent from us. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use of them, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). If you decide to access any of the third-party-websites linked to this Website, you do so at your own risk and subject to the terms and privacy policies posted on those websites. We recommend that you review the terms and privacy policies posted on all third-party websites. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links or advertisements do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any advertisement or linked website is authorized to use any mark or copyright symbol. We do not endorse the opinions expressed in any third-party review linked to or embedded on this Website, including user reviews from our sister website www.pornusers.com . We may discontinue linking to any linked website at any time. Please contact the webmasters of any linked websites about any information, goods, or services appearing on them.
Webmasters must register if they want to maintain their websites, request reviews (if you meet our site guidelines), request website fact updates, submit member passes for webmaster websites, submit new websites, or communicate with reviewers. Registration is free. To register, you must create a webmaster profile and select a unique username and password. You must keep your username and password confidential. Your username and password are for your personal use only. You will not share them with any other person. You are responsible for all activity initiated under your username and password and we will not be liable to you if another person logs into your account and steals your information. Please contact us immediately if you know or suspect that someone is using your username or password without your authorization. You will need to give us all information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have breached any of these terms.
If you want to disable your account, you may do so from the edit profile page. This will make sure that you will not receive any email notices or have your profile displayed publically for others to see. Please note that we do not delete profiles from our systems completely for logging purposes.
Use of Website
Website Availability; Termination and Suspension of Access
- You state that all information you provided to us is accurate. You will promptly update this information when necessary to make sure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
- As a condition of your use of the Website:
- You will comply with all laws and regulations of any governmental body that apply to your access to this Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the United States, Canada, or the country where you live;
- You will keep the security of your username and password and be fully responsible for all use of your account;
- You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
- You will not use the Website in any way that exposes us to civil or criminal liability;
- ou will not use the Website to infringe on the intellectual property rights of another person, including to make, obtain, or otherwise access illegal copies of copyrighted content;
- You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, or illegal material to any other user of this Website or to any other person;
- You will not use the Website to exploit or harm or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
- You will not use the Website to stalk, harass, or otherwise invade the privacy of another person (including the dissemination of personal information);
- You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
- You will not use the Website to engage in false or deceptive advertising or trade practices;
- You will not use or try to use any webmaster's account on the Website without permission;
- You will not impersonate another person during your use of the Website, including to register or attempt to register any webmaster for an account if you are not authorized by that webmaster to do so;
- You will not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, or use data or content from the Website;
- You will not modify, build on, or block any portion or functionality of any embeddable content, including links back to this Website;
- You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
- You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- You will not forge headers or otherwise manipulate identifiers to disguise the origin of any information you transmit;
- You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management (DRM) functionality;
- You will not remove any proprietary notices or labels—including copyright, patent, service mark, or trademark notices—on the content;
- You will not post, link to, or otherwise make available on the Website any content that contains 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 telecommunications equipment;
- You will not send, create, or reply to so-called "mail bombs" (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent); engage in "spamming" (that is, unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
- You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to another person;
- You will not "frame" or "mirror" the Website; and
- You will not reverse engineer any part of the Website.
- You will only access this Website in accordance with these terms; we prohibit any other use of this Website. We may change, limit, or cancel your access if you fail to comply with these terms. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, and injunctive relief.
- While we will try our best to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
- We may suspend access to this Website temporarily without notice for system failure, maintenance or repair, or reasons beyond our control. We may change or delete this Website. We have no liability to you or any other person if we exercise our right to change or delete this Website.
- Besides our other remedies, we may discontinue, suspend, terminate, or block your access to this Website if we believe that you have breached or otherwise failed to comply with these terms.
Reliance on Information Posted
- Unfortunately, the transmission of information over the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. You acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted. So any transmission of personal information is at your own risk.
- We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
- If you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information or email address) across international boundaries. By accessing this Website and communicating electronically with us, you consent to these transfers.
Compliance with Laws
- We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
- This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements or opinions expressed in these materials, and all reviews and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of . We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
- The Website may contain errors, omissions, inaccuracies, or outdated information. We may correct any errors or omissions in any part of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at admin [at] thebestporn [dot] com.
The owner of the Website is based in the province of Québec in Canada. We are not making any statement that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
- You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
- Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. Specifically, we are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
- We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
Limit of Liability; Release
Exclusion of Damages; Exclusive Remedy
- We will not be liable to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage resulting from your access to and use of the Website;
- Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, offensive, threatening, defamatory, libelous, invasive of privacy, or illegal;
- Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
- Interruption or cessation of transmission to or from the Website;
- Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- Incompatibility between the Website and your other services, hardware, or software;
- Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
- Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
- You hereby release us from all liability arising out of the conduct of other users or nonparties, and for all liability arising out of the website reviews found on this Website.
- Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for any direct, indirect, special, punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website or the content. We will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told us of the possibility of these damages or we knew or should have known about the possibility of these damages.
- If you are dissatisfied with the Website (including any review) or have any other complaint, your exclusive remedy is to stop using the Website. Regardless, our maximum liability to you for any claim will not exceed C$1.
Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in sections 15, 16, and 17 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.
Loss Payment (aka Indemnification)
Governing Law; Place for Resolving Disputes
- In General. You will pay us for any loss of ours that is caused by (1) your use of the Website, (2) your breach of these terms, (3) your violation of rights of another person (including intellectual property rights), (4) your conduct on the Website, or (5) your negligent or intentional misconduct. But you are not required to pay if the loss was caused by our intentional misconduct.
- Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
- A loss is caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
- Our Duty to Notify You. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. Our failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
- Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
- No Exclusivity. Our rights under this section do not affect other rights we might have.
- The laws of the province of Québec, Canada—without giving effect to any principles of conflicts of law—govern all matters arising out of (or relating to) the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."
- Except for disputes subject to arbitration, all disputes arising out of (or relating to) the Website or these terms will be subject to the exclusive jurisdiction and venue of the courts in Montréal, Québec, Canada. Each party hereby submits to the personal jurisdiction of the courts in Montréal, Québec, Canada to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
- This Website will be deemed solely based in the province of Québec, Canada and will be deemed a passive website that does not give rise to personal jurisdiction over , either specific or general, in any other jurisdiction.
Class Action Waiver
- In General. Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the obligations under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the Website or these terms.
- Litigation Election. Either party may elect to litigate the following type of dispute arising out of (or relating to) the Website or these terms: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
- Mediation. If the parties cannot settle a dispute arising out of (or relating to) the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and ICDR Canada, demand mediation under the Canadian Mediation Rules of ICDR Canada. Mediation will take place in Montréal, Québec, Canada. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
- Arbitration. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of (or relating to) the Website or these terms by arbitration administered by ICDR Canada under its Canadian Arbitration Rules. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to arbitration. Arbitration will take place in Montréal, Québec, Canada. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator's right to award costs and fees under these terms. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator's decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator's award. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
- Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
Limitation on Time to File Disputes
A party will not bring a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.
- Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at admin [at] thebestporn [dot] com and we will email you a copy.
- Changes. We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of the webpage. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at admin [at] thebestporn [dot] com.
- Assignment and Delegation. We may assign our rights or delegate our obligations under these terms to an affiliate or third party. But you will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this section will be void.
- Waiver. If either party fails to require the other to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other's breach of a provision, that waiver is not treated as waiving a later breach of the provision.
- Severability. If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
- Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
- Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
- Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fiber cuts;
- 2Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software.
- Costs and Legal Fees. In any dispute between the parties, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in enforcing or defending these terms.
- Sending Notice to Us. You may send notice to us by email at admin [at] thebestporn [dot] com. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
- Sending Notice to You—Electronic Notice. You consent to receiving any notice from us in electronic form by either (1) email to the last known email address we have for you or (2) posting the notice on a location on the Website designated for this purpose (http://www.thebestporn.com/announcements.html). We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
- Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
- Electronic Signatures. Any affirmation, assent, or agreement you send through this Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
765 Beaubien St. East Suite 507
Montréal, Québec H2S 1S8
Users who want to gain access to the password-restricted section of the Website must be a webmaster. We do not charge consumers for accessing the Website. We may charge in the future. You may contact us at admin [at] thebestporn [dot] com to resolve any disputes or to receive further information about the Website.
- Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
In these terms, the following usages apply:
- Actions permitted under these terms may be taken at any time and on one or more occasions in the actor's sole discretion.
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
- In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
- "Including" means "including, but not limited to."
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