This Agreement is between you (User) and Porn Monster (as Porn Monster, (‘SaaS’) (“Company” or “we” or “us”) concerning your use of (including any access to) mobile application (together with any successor app(s), the “App”), and website as www.PornMonster.com (together with any successor site(s), the “Site”). This Agreement refers to the mobile application and website (together with any materials and services available therein) as the “Service.” Please note that this Agreement hereby incorporates by reference any additional terms and conditions posted by Company through the Service, or otherwise made available to you by Company.
By using the Service, you affirm that you are of legal age to enter into this Agreement (which is 18 in most countries), or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement, and that your parent or guardian has agreed to be liable for your acts and omissions. Please carefully read all of the following terms and conditions before using our Service. Using our Service is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not use the Service.
We do not ask/use/require credit cards or any financial information using our services at any point. We strictly prohibit any financial information used in any mode of communication with Porn Monster. Failing to do so will not bring any liability to the company. We reserve the right to refuse our services or deactivate the account of any individual or corporate body if violated our financial information terms.
AVAILABILITY, ERRORS, AND INACCURACIES
In order to provide the Service, we have to regularly update the products and services on the Service. We cannot and do not guarantee the accuracy or completeness of any information, including, but not limited to, prices, product images, specifications, availability, and services related, directly and/or indirectly, to the Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, we may experience delays in updating information on the Service and in our advertising on other websites. Furthermore, the products and/or services available on our Service may have an error regarding the price, maybe inaccurately described, or may be unavailable. Therefore, you expressly acknowledge that we are not responsible and/or liable for any damage that may arise from the usage of the Service.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
Beware that promotions may be available for a limited time and may be withdrawn at our sole discretion, at any time, without prior notice to you.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, content, reports, data, databases, interfaces, web pages, files, software, product names, company names, trade-marks, logos and trade names contained on this Service or other material (collectively the “Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. You expressly acknowledge that said Content may be removed and/or deleted, without previous notice, from our database/storage and that you will indemnify us from any harm or prejudice that said Content may have done.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. Subject to the terms herein, you retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. You agree that, through this Agreement, you shall give us a License that includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Accordingly, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-License, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other Content you provide on or through this Service or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
REMOVAL OF CONTENT
We reserve all rights to block, delete or remove any communications or materials, especially, but not limited to, such communication we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property rights of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that we are not undertaking any obligation or liability relating to any Contents or activities on the Service.
You agree that you will not:
(i) Distribute the Service for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Service by the press or media or through any commercial network, cable, or satellite system; or
(ii) Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-License, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Service in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Service.
The Service is controlled or operated (or both) from India, and is not intended to be subject Company to any non-Indian. jurisdiction or law. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
The Service includes a forum where users may post and browse listings for goods, including second-hand goods (“Products”). Such listings and Products are provided by users, and not by us. We do not sell or otherwise make available any products, we do not buy or otherwise acquire any products, and we do not facilitate the sale, purchase, or transfer of any products. We are not responsible or liable for any such listings or products, for any transactions or transfers involving products, including the shipping or delivery of any products or any payments for products, or for any dispute between users relating to any such listings or products. Please use caution and common sense when buying, selling, or otherwise transferring any product, or making or receiving payment for any product.
Neither the availability through the Service of any such listing, nor any promotional services that we may make available to the user who posted such listing, implies our endorsement of the listed Product or the provider of such Product, or any affiliation with such provider. We make no representations as to any Products or listings, or any providers of Products. Such information and the availability of any Product are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession, and use of any Product. We reserve the right to remove any Product listing for any reason.
You must ensure that you have the necessary authority and permissions to post any Product listing, and to enter into any transaction or make any transfer relating to a Product, including, if you are not of legal age to do so, by obtaining proper parental or guardian consent. The legal age is 18 in most countries.
PROFILES AND FORUMS
Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Service, including listings for Products, and on profile pages or the Service’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. The company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights concerning attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
YOUR LIMITED RIGHTS
The App is licensed (not sold) to end-users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement,
(i) you must immediately cease using the App,
(ii) you must remove (that is, uninstall and delete) the App from your mobile device and
(iii) you are prohibited from using the App on any mobile device until we grant you explicit permission to use the App again. Please note that if you do not accept the system permissions that the App requires from time to time, you may not be able to use the App or be certain of its functionalities. You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Service.
In addition, subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
THIRD-PARTY MATERIALS & LINKS
Certain Service functionality may make available access to information, products, services, and other materials made available by third parties, including listings for Products and other Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links.
We neither control nor endorse, nor are we responsible for, any Third Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by Company concerning any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials. Your use of Third Party Materials is subject to any additional terms and policies applicable to such Third Party Materials.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted under applicable law:
(a) The service and any third party materials are made available to you by us on an “as is,” “where-is” and “where available” basis, without any warranties by a company of any kind, whether express, implied, or statutory; and
(b) Company disclaims all warranties concerning the service and any products and third-party materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. all disclaimers of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers (collectively, the “affiliated entities”), and their respective successors and assigns.
While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at
firstname.lastname@example.org a description of such alteration and its location on the Service.
LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law:
(a) company will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use, or data, loss of other intangibles, loss of security of submissions (including an unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses, intellectual property violation or loss and damage by any act of the third party or users;
(b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the service or from any products or transactions or transfers relating to products, or from any third party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the service;
(c) your sole and exclusive remedy for dissatisfaction with the service or any third party materials is to stop using the service; and
(d) the maximum aggregate liability of the company for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall be the greater of
(i) the total amount, if any, paid by you to Company to use the service, and
(ii) twenty-five US Dollars ($25.00). All limitations of liability of any kind (including in this section and elsewhere in this agreement) are made for the benefit of both company and the affiliated entities, and their respective successors and assigns.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Products, listings for Products, transactions or transfers relating to Products, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. The company may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Company may, without liability to you or any third party, immediately block your associated device(s) from accessing or using the Service and deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. If any clause or the terms loses its position no matter for what reasons other clauses of the agreement will remain in force.
The terms of this Agreement are governed by the laws of India, without regard to its principles of conflicts of law, and regardless of your location. You agree to submit any dispute that might arise in the delivery of the products or services subject to these Terms and Conditions, to the Courts and laws of India.
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available online: https://en.wikipedia.org/wiki/Comparison_of_contentcontrol_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
When you create an account using our Service, you acknowledge that you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your account on our Service and a possible liability implication. Moreover, you expressly promise that you shall indemnify Porn Monster, for any damages that Porn Monster may suffer related to mentioned breach of these Terms and Conditions.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for complying with Indian export controls and for any violation of such controls, including any Indian embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to an Indian government embargo or other restriction, or that has been designated by the Indian government as a “terrorist supporting” country, or (b) on any of the Indian government lists of restricted end-users.
The Service and all contents, including but not limited to, text, images, graphics or code are the property of Porn Monster and are protected by copyright, trademarks, database, and other intellectual property rights. These Terms do not grant you a license to use any trademark or patent of Porn Monster or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Porn Monster is an intelligent cloud-based software and a provisional patent of Porn Monster. We take strict legal action against any unlawful use of our federally registered trademarks, copyrights, and patents. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner. Non- compliance with any violation of our intellectual property rights will lead to termination from our services and be considered as a breach of the agreement.
COPYRIGHT INFRINGEMENT CLAIMS (FOR US ONLY)
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our DMCA Agent as follows: By mail to Porn Monster by e-mail to admin@Porn Monster.com
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
You must rightfully own anything you intend to sell or involve under Porn Monster. We do not allow anyone to sell stolen goods or counterfeit products or violate anyone's intellectual property right neither we endorse such activities. We take strict legal actions against people who are involved in counterfeit productions or the selling of goods. We work closely with law enforcement agencies to protect Intellectual Property rights.
We strictly prohibit to use Porn Monster website or Mobile APP for:
Drugs and addictive material
Weapons and inflammatory
Stolen and Counterfeit products
Intellectual Property of Others
LINKS TO OTHER WEBSITES
The Service may contain links to third-party websites or services that are not owned or controlled by Porn Monster.
Porn Monster has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services or by their usage. You further acknowledge and agree that Porn Monster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. You may also contact us by writing to Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer.