Terms of Service
Article 1. Definitions1. Pornative: Pornative is the supplier of the Services provided to the User.
2. User: the natural person or legal entity that is subject to these Terms & Conditions as a result of the use of the Website.
3. Service: Users may upload self-made movies and images and publish them on the Website.
4. Upload Form: an electronic form on the Website that the User may use to upload self-made movies or images.
5. Website: the website of Pornative, ďPornative.com".
6. Terms & Conditions: the present terms and conditions.
Article 2. Applicability1. These Terms & Conditions apply to any use of the Website on the Userís part.
2. Unless explicitly agreed otherwise, the applicability of other terms & conditions is hereby excluded.
Article 3. Communication1. All communications between Pornative and the User will take place in electronic form.
2. The version of each communication that Pornative receives or saves will serve as proof of that communication, unless the User submits proof to the contrary.
2. In the event that Pornative is or becomes aware that the information saved and/or exchanged by the User using the Service is unlawful, Pornative will act without delay to remove that information or to block access to that information. Pornative reserves the right to remove or block the Userís information in such an event, at Pornativeís discretion. In no instance can Pornative be held liable for the damages resulting from such measures.
3. The User agrees not to hinder other Users or Internet users or to damage the servers. The User may not start up any processes or programs, either on the server on which the Service runs or otherwise, of which the User is aware, or may reasonably expect, that they will hinder or cause damage to other Users or Internet users. Pornative will inform the User of any measures taken as a result.
4. The User hereby indemnifies Pornative against all legal claims relating to the data, information, websites etc. stored by the User.
5. In addition to any applicable statutory obligations, any damage caused by lack of expertise or failure to act in accordance with the provisions set out above will be for the Userís expense.
Article 5. Intellectual property rights1. The title to all intellectual property rights to all software made available and to all preparatory material belonging to such software remains exclusively to Pornative or its licensors. The User only acquires a non-exclusive and non-transferable right of use, as well as any rights explicitly granted pursuant to these Terms & Conditions or otherwise. The User may not reproduce or make copies of the Service or other materials.
2. The User may not remove or alter any references to copyrights, trademarks, trade names or other intellectual property rights in the software for the Service.
3. Pornative may take technical measures to protect the software for the Service. If Pornative has secured the software for the Service with technical security measures, the User may not remove or evade that security measure.
4. The User retains the copyrights to his or her self-made movies and images.
Article 6. Liability1. Pornative cannot in any instant be held liable for indirect damages incurred by the User or third parties, including consequential damage, loss of turnover and profit, loss of data and intangible damage.
2. Pornativeís liability toward the User, on whatever grounds, is limited to the fees paid to Pornative by the User in the current calendar year (exclusive of VAT) per event (for which purpose a series of related events is deemed to constitute a single event).
3. The User hereby indemnifies Pornative against all third-party claims, on whatever grounds, for compensation for damages, costs or interest relating to this Agreement and/or the Services.
4. The previous items of this Article 6 do not apply if and insofar as the damages in question were caused by intent or wilful recklessness on the part of Pornative.
Article 7. Force majeure1. In the event of force majeure, which is understood to include at least internal civil unrest, mobilisation, war, traffic obstructions, strikes, lockouts, interruption of operations, stagnation of supplies, fire, flooding and restrictions on imports and exports, and in the event that Pornative is rendered incapable of providing the Services by its own suppliers, regardless of the reasons for such, as a result of which Pornative cannot within reason be required to fulfil the Agreement, the implementation of the Agreement will be suspended, or else the Agreement will be terminated if the condition of force majeure lasts longer than four weeks. None of the situations outlined above will result in any liability to pay damages.
Article 8. Amendment of the Terms & Conditions1. Pornative reserves the right to amend or expand these Terms & Conditions.
2. Amendments will also apply to Agreements concluded previously, with due observance of a period of 30 days after the amendments are announced on the Website or by electronic notification. Minor amendments may be implemented at any time.
3. If the User does not wish to accept an amendment to these Terms & Conditions, he or she may, until the date on which the new Terms & Conditions enter into force, dissolve the Agreement with effect from that date or with effect from the date on which the notice of termination is received if that date is later than that on which the amendment takes effect.
Article 9. Final provisions1. These Terms & Conditions and the use of the Website are governed by the laws of the Netherlands.
2. Insofar as no mandatory legislative provision stipulates otherwise, any dispute arising in connection with the use of the Website will be referred to the competent Dutch court.
3. Partial invalidity: If any provision from these Terms & Conditions proves to be invalid, the validity of the Terms & Conditions as a whole will not be prejudiced. The parties will adopt a new provision that corresponds as closely as possible by law to the purport of the original Terms & Conditions.
Contact detailsIf you have read these Terms & Conditions and have any questions, complaints or comments about them, please feel free to contact Pornative by E-mail: