DMCA

USER SUBMISSIONS

A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions (“Submissions”). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that: you have the written consent, release, and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these terms of service; your Submission is compliant with all applicable laws, including, but not limited to, 18 U.S.C. 2257 and 28 C.F.R 75; you retain all of your ownership rights in your Submissions. However, by submitting the material to us, you grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the Website and business; and the posting of your Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; and you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Website;

B. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HDPorner all of the license rights granted herein; allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including member Submissions, without our express prior written consent; publish falsehoods or misrepresentations that could damage HDPorner or any third party; submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; submit material depicting or implying rape, forced sexual acts, bestiality, death, use of controlled substances (implied, staged, simulated, artificial or cartoon/drawn/art); submit material depicting violence, abuse (actual harm to another living thing); submit material that depicts or promotes incest; depict or promote coprophilia, also known as “fecophilia” or “scat”; use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Website, unless you are expressly authorized to do so by us; use or launch any automated system that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser; collect or harvest any personally identifiable information, including account names, from the Website; to solicit, for commercial purposes, any users of the Website with respect to their Submissions; post advertisements or solicitations of business; impersonate another person.

C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. HDPorner does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their user access to the Website terminated. Read about our repeat infringers policy here. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) with this form with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):

— An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;

— A description identifying the material claimed to have been infringed and that is to be removed or access to which is to be disabled, and the location where the original or an authorized copy of the material exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

— Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail;

— A statement that you have a good faith belief that use of the material, in the manner complained of, is not authorized by its rightful owner, its agent, or the law;

— And a statement that the information in the notification is accurate, and under penalty of perjury, that you are the rightful copyright owner or that your are authorized to act on behalf of the owner’s behalf.

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