Use of OVGuides' service (the "Service") in any manner, and whether at the OVGuide.com website or through a third party website or other interface, you certify that:
Your use of the Service is expressly conditioned upon the certifications listed above and your acceptance of these Terms. If the certifications above are not true, or if you do not agree to any part of these Terms, you may not use the Service. OVGuide reserves the right to update and revise these Terms from time to time without notice to or acceptance by you.OVGuide hereby grants you permission to use the Website as set forth in this Terms of Service, provided that:
In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OVGuide immediately of any breach of security or unauthorized use of your account. Although OVGuide will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OVGuide or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the OVGuide servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Doing so may result in being permanently banned from our service. Notwithstanding the foregoing, OVGuide grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OVGuide reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
The content on the OVGuide Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OVGuide, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OVGuide reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the OVGuide Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the OVGuide Website or the Content therein.
The opinions expressed on the Website are the opinions of the individual author and may not reflect the opinions of OVGuide.
Links to external sources are provided to users AS IS. OVGuide is not responsible for and does not endorse or warrant in any way any content, materials, information, goods or services available through such linked sites or any privacy or other practices of such sites.
The OVGuide Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, OVGuide does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
In connection with User Submissions, you further agree that you will not:
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).
For detailed instructions regarding DMCA Notifications, please visit our DMCA page.
You understand that when using the OVGuide Website, you will be exposed to User Submissions from a variety of sources, and that OVGuide is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OVGuide with respect thereto, and agree to indemnify and hold OVGuide, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. For any general copyright questions, please visit our Copyright Information Page.
OVGuide may change or discontinue the Service. You acknowledge that OVGuide may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. OVGuide may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. OVGuide is under no obligation to preserve, provide access to or return to you any Content. You agree that OVGuide shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOTALPORN 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, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOTALPORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
OVGuide is an interactive computer service that enables individuals to easily and quickly access information and websites located on the Internet. OVGuide also allows individuals to chat, post comments, and exchange information regarding their favorite websites and other information.
OVGuide provides links to third party websites offering video content, but does not host content, other than user-created comments, postings and an OVGuide blog. All video content is the responsibility of the owner of the third party website to which OVGuide links and OVGuide is not responsible for any such content. OVGuide, as an online service provider, is not liable for the actions of third parties in posting infringing, obscene or otherwise illegal content. Further, OVGuide merely serves as an intermediary in linking to other parties' content and is not liable for content found on third party websites. Although OVGuide may review websites to determine system compatibility, file format, virus risks, site speed, uptime, and reliability, OVGuide's policy is not to police, screen, or otherwise review third party websites or content to which it links.
By allowing the free flow of information without intervention, screening or filtering OVGuide can continue to offer the most diverse search engine index of Internet information and websites. This allows OVGuide to be a forum offering the most diverse and unique index of information found on the Internet. Aside from this, policing the content of third party websites to which OVGuide links is, as a practical matter, impossible. This is especially true given the subjectivity associated with discerning violent, obscene, infringing or otherwise harmful information.
Where OVGuide receives user complaints or otherwise becomes aware that information or content on a particular website or post may be illegal, harmful or injurious, OVGuide will take reasonable actions to investigate the complaint and determine whether the post or the link to such third party website should be removed from OVGuide's site. However, OVGuide will not undertake a legal analysis of the content and will use its own internal criteria for determining whether a link should be removed. As a general matter, where individual users or other third parties believe content on a website is illegal or harmful, objections with regard to such content should be made directly at such website.