Terms of Service
Acceptance of Terms of Service
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 10th of May 2011.
By accessing the Service you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.
Provision and Modification of the Service
You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by XPornClub , download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. XPornClub disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. XPornClub disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that XPornClub will not be liable for any such services, software, content, or advertising.
XPornClub reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by XPornClub or others. You agree that XPornClub will not be liable for any modification, suspension, interruption or discontinuance of the Service.
Conditions on Use of the Service
XPornClub grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
You will access and use the Service solely for your own personal use.
You will comply with all applicable laws and regulations in using the Service and any content of the Service.
You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
You will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service;
You will not collect personally identifiable information, including without limitation account names or e- mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS.
You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment.
You will not defeat or interfere with any security feature of the Service, or attempt to do so.
You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service.
You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of XPornClub .
Your Conduct and Your Use of the Service
The XPornClub Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the XPornClub website, or through the XPornClub Community. User Content uploaded through the XPornClub website will generally be made public. When you upload User Content through the XPornClub Community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the XPornClub Community, or to make it public. You consent to the public dissemination of all User Content you submit through the XPornClub website, that you upload through the XPornClub Community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by XPornClub , including but not limited to User Content that you upload through the XPornClub Community and designate as public or to be shared with specified members.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize XPornClub to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that XPornClub does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by XPornClub . You are solely responsible for creating backup copies of and replacing any User Content you submit to XPornClub or post on the Service, at your own cost and expense. You agree that XPornClub has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. XPornClub retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that XPornClub is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Rights to the Content on the Service
All content and components of the Service other than User Content (" XPornClub Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos used in the Service, are owned by XPornClub , or are licensed to XPornClub subject to copyrights or other intellectual property rights held by others. XPornClub reserves all rights to the XPornClub Content, User Content, and any other component or content of the Service not expressly granted to you by these TOS.
XPornClub provides the Service for the personal, non-commercial use of viewers, visitors, subscribers or potential subscribers of the Service. You are granted a personal, non-exclusive, nontransferable license to view, on a single computer only, the content of the Service. XPornClub reserves the right to limit the amount of materials viewed. Commercial use of any content of the Service, other than your own commercial use of User Content you have uploaded, is strictly prohibited. In addition, except with respect to User Content that you have uploaded, you may not: (i) modify any of the materials provided by the Service; (ii) copy, reproduce, publically display or perform, distribute, or prepare derivative works from any of the content of the Service; (iii) remove, modify or alter any copyright, trademark, or other attribution or proprietary notice from any of the materials used in the Service; or (iv) otherwise transfer any material provided through the Service to any other person or entity. XPornClub reserves the right to terminate this license at any time if you breach or violate any provision of these TOS, in which case you will be obligated to immediately destroy any materials you have obtained from this Site.
By submitting, posting, or communicating User Content using the Service, you grant to XPornClub an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
XPornClub does not assert any ownership over your User Content; rather, as between XPornClub and you, subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
XPornClub may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights XPornClub obtains will apply only to the compilation, collective work, or derivative work; as between XPornClub and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content.
When you submit or communicate any User Content using the Service, you also authorize XPornClub to record and make such copies thereof as it deems necessary in order to facilitate the posting, maintenance, and storage of the User Content as part of the Service.
Objectionable or Inappropriate Content
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. XPornClub does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
XPornClub may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in it sole discretion. However, you acknowledge and agree that XPornClub is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform XPornClub by using our contact form. XPornClub will review your message and the content to which you object (assuming it is still available through the Service). XPornClub may remove the content if, in XPornClub's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that XPornClub is not legally responsible for content that it does not originate. Neither is XPornClub legally responsible for removing content that it deems inappropriate from the Service.
XPornClub reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of XPornClub , its users and the public. You agree that XPornClubwill not be liable for exercising or failing to exercise any of these rights.
XPornClub respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content of the Service infringes your copyrights, you may submit a notice by following the directions on our DMCA Page.
Names and Trademarks
XPornClub, XPornClub.com, and other XPornClub logos and product or service names are trademarks of XPornClub . All other trademarks used in the Service are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
Sponsors, Advertisers and Third Parties
The Service may provide links to sponsor, advertiser, or other third party websites that are not owned or controlled by XPornClub . Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by XPornClub . XPornClub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By accessing or using the Service, you agree to release XPornClub from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Service.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Service, are solely between you and such third parties. You agree that XPornClub shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence in the Service.
XPornClub may, in its sole discretion, terminate your access to the Service, delete any content or information that you have posted or communicated through the Service, and/or prohibit you from using the Service, at any time, with or without notice, and for any reason, including but not limited to violation of these TOS.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XPornClub EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN PARTICULAR, AND WITHOUT LIMITATION, XPornClub MAKES NO WARRANTY THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (5) ANY ERRORS IN THE COMPONENTS OR CONTENTS OF THE SERVICE WILL BE CORRECTED; OR (6) OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No advice or information, oral or written, obtained by you from XPORNCLUB , shall create any warranty not expressly stated in these TOS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT XPORNCLUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF XPORNCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE.
IN PARTICULAR, AND WITHOUT LIMITATION, XPORNCLUB WILL HAVE NO LIABILITY FOR DAMAGES ARISING FROM: (1) ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING ANY CONTENT OR COMPONENT OF THE SERVICE, EVEN IF IT RESULTS IN THE INADVERTENT TRANSFER OF HARMFUL COMPUTER CODE, SUCH AS VIRUSES, MALWARE, OR SPYWARE; (2) UNAUTHORIZED ACCESS TO OR DISCLOSURE OR ALTERATION OF YOUR POSTINGS, TRANSMISSIONS OR DATA; (3) CONTENT OR CONDUCT OF ANY THIRD PARTY PROVIDED THROUGH THE SERVICE; OR (4) AS OTHERWISE PROVIDED IN THESE TOS.
UNDER NO CIRCUMSTANCES WILL RETUBE'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO XPORNCLUB OR $100.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND XPORNCLUB . THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY XPORNCLUB , AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
You agree to hold harmless and indemnify XPornClub , and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. XPornClub will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of XPornClub to provide such notice will not relieve you of these obligations.
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
The failure of XPornClub to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Choice of Law
The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Service, will be governed by the laws of the United States and the State of California, without giving effect to conflict of laws provisions.
Arbitration & Class Action Waiver
You and XPornClub agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and XPornClub hereby waive any right to a jury trial of any dispute we have that is subject to this arbitration agreement. Neither you nor XPornClub may bring a claim against the other as a class action. Neither you nor XPornClub may act as a private attorney general or class representative, nor participate as a member of a class of claimants with respect to any dispute or claim between us.
As used in this arbitration agreement and waiver, the terms " XPornClub " and "you" include XPornClub's and your respective owners, officers, directors, shareholders, employees, subsidiaries, affiliates, agents, predecessors in interest, successors, attorneys, and assigns. This arbitration agreement and waiver will be interpreted broadly, and will encompass all disputes between you and XPornClub, including, but not limited to claims that relate in any way to the relationship between you and XPornClub, your use of the Service, and any advertising or content of the Service, regardless of legal or equitable theory.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. Such agencies can, if the law allows, seek relief from us on your behalf. Moreover, you and XPornClub have the right to bring qualifying claims in small claims court.
Arbitration of any dispute or claim must be initiated within two years, or within the period of time provided by applicable statute, after the date on which the basis for the dispute or claim first arises. The arbitration will be conducted by the JAMS dispute resolution service. To initiate arbitration, you or XPornClub must submit a claim to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California, USA, 94111, tel. 415-982-5267, with notice to the other party by certified mail. Notice to XPornClub should be sent to: For more information regarding JAMS, you may visit its website at http://www.jamsadr.com/.
These Terms evidence a transaction in interstate commerce, and thus the arbitration will be subject to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 et seq. ("FAA"). In addition, the arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules") in effect on the date of commencement of the arbitration, as modified by these TOS. The arbitration will be conducted by a single arbitrator. The arbitration will be based entirely on the written submissions of the parties and documents submitted to the arbitrator, unless the parties agree or the arbitrator orders otherwise. Unless you and XPornClub both agree otherwise, the arbitrator may not join your claim(s) or XPornClub 's claim(s) with any other claim, and may not preside over any representative or class proceedings.
For any arbitration in which you claim less than $10,000, XPornClub will reimburse you for the cost of your filing fee with AAA or JAMS and will directly pay all of JAMS' other costs and fees. For claims between $10,000 and $75,000, you will pay any filing fee required by JAMS, and XPornClub will pay all of JAMS' other costs and fees. If you bring claims between $10,000 and $75,000 and cannot afford to pay the filing fee, XPornClub will pay the fee directly on your behalf upon written notice from you. If, however, the arbitrator determines that any claim brought by you is frivolous, then payment of JAMS' costs and fees will be governed by the JAMS rules. Furthermore, if the arbitrator determines that your claims are frivolous, you agree to reimburse XPornClub for any costs or fees that it paid that otherwise would have been your responsibility under the JAMS Rules. If you bring a claim for greater than $75,000 payment of fees and other costs to JAMS will be governed by the JAMS rules.
In issuing any award, the arbitrator shall issue a written decision that is sufficiently detailed to inform both you and XPornClub of the reasons for his or her decision. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only as necessary to provide the relief warranted by that party's individual claim. Any award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings will be governed by the FAA.