INTRODUCTION

1. This Agreement is a legal document which sets out your rights and obligations, and those of Pornsonic ("Pornsonic", "we" or "us"), in relation to this site and the services offered by Pornsonic through it (the "Pornsonic Service"). By registering for the Pornsonic Service, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. Visitors to the Pornsonic Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Pornsonic Service. You should be aware that this Agreement may change from time to time in accordance with Clause 27 below.

NATURE OF THE SERVICE

2. The Pornsonic Service is intended to provide all of its Members with the ability to:

- Search the database of Members, and their porn collections, with whom they have a connection through their Buddy network.

- Provide a means of contacting the Members within their Buddy network

And for Full Access Members the ability to:

- Search the entire Pornsonic Member database.

- Provide a means of contacting all Pornsonic Members

TYPES OF MEMBERSHIP

3. People who register for the Pornsonic Service become "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay our fee for a full access monthly membership (which we call "Full Access Members"), and those who do not ("Standard Members").

Standard Members agree:

- that their profile and porn collection list will appear on the Pornsonic Service;

- to receive emails from Pornsonic unless they opt not to do so;

- that their links to other Pornsonic Members will be displayed;

- to receive emailed messages from Pornsonic Members, which will be sent to the email address contained in Your Profile;

Only Full Access Members are entitled to contact all Pornsonic Members via the service

We are not an internet service provider, however. In order to avail of the Pornsonic Service, you must have internet access and all the software (and skills) required for email and web usage.

4. Important Note: Full Access Membership. If you decide to become a Full Accessc Member, and therefore pay our Full Access Membership fee, you are agreeing to take the Full Access Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee.

5. The details Members provide within their Profiles are entirely at their discretion. Members should give careful consideration to the information they wish to include as this will be available to other Members (with the exception of their e-mail address). Examples are personal telephone numbers, personal addresses etc.

6. Members are responsible for ensuring that they have gained approval to post information relating to any third party or their respective services.  

PRIVACY POLICY

7. Pornsonic' Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Pornsonic Service (including any which contain personal information) is, of course, accessible to internet users around the world.

ABUSE OF THE SERVICE

8.1 Members are discouraged from unsolicited contact with other Members where the primary objective is to sell their service. This type of unsolicited contact will be considered abuse of the Service and persistent offenders reported by other Members may have their Membership cancelled.

8.2. Anti Spam Policy. The Pornsonic Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not use your access to the Pornsonic Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

9. Inappropriate material. Even though the Pornsonic service does not host or provide any actual content, information held within your profile and porn collection listing should at all times comply with current relevant legislation. In particular your profile should make no reference to illegal content such as child pornography. Offenders will have their accounts terminated and will be reported to the relevant authorities.

10. We reserve the right (a) to suspend or terminate any Member's access to the Pornsonic Service, or parts of it, and/or (b) to edit, or require the Member to edit, material posted on the Pornsonic Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Pornsonic Service without our prior consent. You are responsible for everything which is done on or through the Pornsonic Service while your Membership account is logged on to the Pornsonic Service, or through your email address(es).

GENERAL TERMS

11. Registration. You undertake to register for the Pornsonic Service using accurate and current information about yourself - including your correct real name, email address and any other requested details. You also undertake only to connect yourself with Contacts on the Pornsonic Service which you have a personal connection with. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

12. Pornsonic' Role. You, whether you are a Member or just a non-Member who visits the Pornsonic Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Pornsonic Service or outside of it. We only provide a venue where the Pornsonic Service may be accessed. In particular, you should be aware that Pornsonic does not pre-screen or monitor the material contributed by Members.

13. Additional services. Pornsonic or its affiliates may offer new or additional services through the Pornsonic Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Pornsonic Service in an appropriate manner (as determined by Pornsonic in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

14. Operation of Pornsonic Services. Pornsonic reserves the right to withdraw or modify one or more aspects of the Pornsonic Service where we have legal or technical reasons to do so (including technical difficulties experienced by Pornsonic or on the Internet). There may also be times when the Pornsonic Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change password or other information which facilitates access to the Pornsonic Service.

15. Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Pornsonic Service.

(ii) Fees paid by a Full Access Member will not be rebated or refunded by Pornsonic, unless the Pornsonic Service for which the Full Access Member has subscribed is completely withdrawn from that Full Access Member by us other than in circumstances permitted under this Agreement.

We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.

16. Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Pornsonic Service, nor any activity or communication you make in connection with any Pornsonic Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, false, unreliable or misleading.

17. Alerting Pornsonic. If you see anything on the Pornsonic Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here. We do not generally monitor material contributed by Members before it is placed on the Pornsonic Service, and so we are reliant upon users to point out any which infringes this Agreement.

18. Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on the Pornsonic Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Pornsonic Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Pornsonic Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Pornsonic Service.

19. Disclaimer and Release. Pornsonic has no control over or responsibility for the truth or accuracy of any material available on the Pornsonic Service, whether provided by Members or others.

- If any third party sites are linked to from the Pornsonic Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

- You should exercise no lesser degree of caution in appraising what you see on the Pornsonic Service than you do offline.

- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

- Your use of the Pornsonic Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Pornsonic its directors, contractors and employees from all liability arising out of or in connection with the Pornsonic Service and the material included here by Members and other third parties.

20. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Pornsonic Service (including the material which is contributed by Members) are owned by Pornsonic. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Pornsonic Service, or any of the material which is found on the Pornsonic Service unless properly licensed to do so by us.

By submitting any material to the content of the Pornsonic Service, you:

- are representing that you are fully entitled to do so;

- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

21. Excluded loss. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Pornsonic will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

22. Maximum liability. Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Pornsonic under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) $5, or (b) an amount equal to the sums paid by you to us by way of Full Access Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

23. Non-excluded Liabilities. Nothing in this Agreement limits Pornsonic's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

24. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Pornsonic Service.

25. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Pornsonic assign or dispose of this Agreement.

26. Entire Agreement. This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the Pornsonic Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

27. Changes to this Agreement. Pornsonic reserves the right to change this Agreement from time to time, and post the new version on the Pornsonic Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.pornsonic.com), and the new version of these terms and conditions will take effect, and will govern all Pornsonic Services and your relationship with Pornsonic:

- commencing four weeks after the date of posting (or such later date as Pornsonic indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Pornsonic Service; or

- immediately upon the date of posting (or such later date as Pornsonic indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Pornsonic's addresses or email addresses referred to in this Agreement.

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