Terms and Conditions

  1. Preamble

    These are official terms and conditions and form a legally binding agreement between you and PornScum (“we”, “us”) regarding your use of the internet website located at http://pornscum.com (the “Website”).


  1. Access

    By accessing the Website, you certify that:

  1. Intellectual Property Rights

    The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all PornScum software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by PornScum and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners.


  1. 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:

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:

C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. PornScum does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content. 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):

The Counter-Notification Process

When a user’s video submission has been removed pursuant to a DMCA take-down notice that complies with 17 U.S.C. § 512(c)(3), the Website shall notify the user of this removal.
Pursuant to the Website’s repeat infringer policy, the user then has seventy-two (72) hours to submit a counter-notification to the Website, explaining why the original take-down notice was sent in error. The Counter-Notification may be sent to the email the user originally received a notice from (c******@xvideos.com).

For the Website to consider a user’s counter-notification, it must comply with the requirements of 17 U.S.C. § 512(g)(3) and include the following:

1. A physical or electronic signature of the user.

2. Identification the material that has been removed by providing one or more URLs where the material was previously available.

3. A statement under penalty of perjury that the user has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The user’s name, address, and telephone number.

5. A statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the Website may be found.

6. A statement that the user will accept service of process from the person who sent the notice of alleged infringement or an agent of such person.

Counter-notifications that do not satisfy all of these elements are ineffective and will not be considered by the Website. Failure to provide effective counter-notification when a takedown notice is issued for a video posted by a user’s account will result in a strike against the user’s account; three strikes, will lead to the termination of a user’s account under the Website’s repeat infringer policy.

CONTENT OWNERS (CHANNEL) AND TAKE-DOWN REQUESTS

In order to protect content owners from abusive take-down requests, or requests sent in error, we do not automatically disable videos that are owned by a content owner (channel). If such a notice was sent through the online form for copyright infringements, the sender will automatically receive an email warning him that such links pertaining to a channel were found, and will be requested to email us with more information.

If you sent us a notice through direct email or letter we will try to inform you of the situation however we cannot guarantee that we will do it everytime because some notices include many links.

Channels on xvideos are made for exclusive content owners only. We do not give this status to companies or individuals that simply bought non-exclusive video licenses. However it is sometimes difficult to evaluate content so if you think some channels on xvideos do not own the content they are uploading please contact us and we will remove their content owner status if we find that we made a mistake.

 

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that PornScum is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PornScum with respect thereto, and agree to indemnify and hold PornScum and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

 

  1. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, XVIDEOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. XVIDEOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

XVIDEOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PornScum WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability

    IN NO EVENT SHALL XVIDEOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

  1. Venue and Jurisdiction, Choice of Law, Arbitration

Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

  1. General

    These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and Xvideos. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and Xvideos’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. Xvideos reserves the right to amend these terms at any time. Your use of the Website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms.

  2. Other

    The word teen is used to describe young adults of age 18 to 20 years. We shall delete quickly any content featuring persons under the age of 18, upon receiving an explicit well-documented notice.