This Terms of Use Agreement (hereafter, Terms of Use, Agreement) is a binding contract between the parties responsible for operating this Internet website on the domain name of (hereafter, GooberPorn, we, us) and the person viewing or using our website (hereafter, you). By using this website, you certify your agreement to all terms, conditions, and notices contained or referenced herein. We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We may not post notices regarding changes, so you must check these Terms of Use periodically for changes. Your use of this website following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s). For purposes of the Terms of Use, the term Content shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information. The term post shall mean to publish, provide, display, upload, or otherwise transmit. Eligibility You must be eighteen (18) years of age or over to use this website. Membership is void where prohibited. By using and/or viewing this website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement and that you are at least 18 years old (or 21 years old in any location where 18 is not the age of majority) and you are interested in and wish to have access to sexually-explicit content. The materials that are available within this website should not be accessed by anyone who is younger than 18 years old (or 21 years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. For more information on how to restrict access to our website, please see our page on Online Safety and Age Verification. By using and/or viewing this website you represent and warrant under penalty of perjury the following: 1 ? 2 That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).? 3 That you will not permit any person(s) under 18 years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this website.? 4 That you understand that when you gain access to this website, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.? 5 That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually-oriented material.? 6 That you represent and warrant that you have not and will not use and/or view the website(s) in a restricted location -- namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.? Content posted on this website As a GooberPorn user you may join the community of content contributors and submit Image & Video content (User Uploads) and textual content (Chat). User Uploads and chat is collectively referred to as User-Submitted Content. You understand GooberPorn does not guarantee any confidentiality with respect to any User-Submitted Content, and that any User-Submitted content is specifically intended to be viewed by any age-qualified person viewing the GooberPorn site. You shall be solely responsible for your own User-Submitted Content and the consequences of posting or publishing content. In connection with User-Submitted Content, you affirm, represent, and/or warrant that: you won or have the necessary licenses, rights, consents and permissions to use and authorize GooberPorn to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all User-Submitted Content to enable inclusion and use of the User-Submitted Content in the manner contemplated by the GooberPorn website and these Terms of Use. You understand and agree that the Content displayed on GooberPorn is posted by third parties. GooberPorn is not liable or responsible for Content posted by third parties. GooberPorn claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content posted by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that GooberPorn may delete any Content that in the sole judgment of GooberPorn violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of GooberPorn, its employees, associates or users. GooberPorn is not responsible for any failure or delay in removing such Content. This website may display images from, or otherwise link you, to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under GooberPorn control, and you acknowledge that GooberPorn is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by GooberPorn or any association with its operators. You are solely responsible for the Content that you post on this website or otherwise transmit to other GooberPorn users. By posting Content on this website, you automatically grant, and represent and warrant that you have the right to grant, to GooberPorn and visitors of GooberPorn, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing. You acknowledge that GooberPorn is acting as a passive conduit of User-Submitted Content and that GooberPorn is not undertaking any obligation or liability relating to any content or activity on the website. As such, GooberPorn acts merely as a forum for the expression of ideas, thoughts, and information. GooberPorn is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained herein. GooberPorn is not responsible for any User-Submitted Content that violates a communitys norms or mores. GooberPorn expects and demands that you comply with all federal, state, provincial and local laws when using the website and when submitting or posting Content to the website. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. GooberPorn cannot enforce every jurisdictions laws for all Content that is posted to this site. As such, GooberPorn is not responsible for the User-Submitted Content of the website. GooberPorn and its administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by GooberPorn is not to be construed as endorsement of any remaining content, and you expressly agree that you will never assert that GooberPorn edits or amends any content for the purpose of establishing that GooberPorn is a producer or author of ay User-Submitted Content viewed via the GooberPorn services. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard you acknowledge that you may not rely on any Content created by GooberPorn or User-Submitted Content transmitted to the website. You are responsible for all your Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service. A partial list of content that is illegal or prohibited includes content that: • ? • Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking performer (i.e., someone who looks younger than 18, regardless of their actual age) or by a performer who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, settings or props; This includes board posts or comments that talk about real life sexual accounts with underage individuals. This includes educational fictitious events;?? • Provides material that constitutes bestiality or which involves or implies depictions of sexuality with animals, or by a performer who is portrayed or otherwise made to appear as an animal by virtue of the script, make-up, demeanor, costuming, settings or props; This includes board posts or comments that talk about sexual accounts with animals. This includes educational fictitious events;?? • Exploits or solicits personal information from anyone under 18;? • Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;? • Provides material associated with rape or simulated rape;? • Harasses or invades the privacy of another person;? • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someones privacy, or providing or creating computer viruses;? • Promotes an illegal or unauthorized copy of anothers copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;? • Involves transmission of junk mail, chain letters or unsolicited commercial email or spam;? • Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;? • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);? • Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct;? • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;? • Involves sending advertisements in chat or instant messaging messages;? • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;? • Includes any file or data stream that contains viruses, worms, Trojan horses or any other destructive features.? You agree that GooberPorn may review complaints about User-Submitted Content and take action upon such complaints at its sole discretion. You are solely responsible for any content you post and GooberPorn will investigate and take legal action, in its sole discretion, against anyone who violates these Terms of Use, including removal of the offending post from the service and termination of your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password. Code of conduct You agree that you will not post, or otherwise distribute or facilitate distribution of any Content that: 1 ? 2 is illegal, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy or publicity rights, tortious, or otherwise violates GooberPorn rules or policies;? 3 infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;? 4 constitutes unauthorized of unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;? 5 contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;? 6 contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such persons state, province, or country of residence; or? 7 that is otherwise prohibited on our Rules and Guidelines page.? You also agree that you will not: 1 ? 2 harvest or collect information about the users of this website;? 3 use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;? 4 knowingly solicit or collect personal information from a minor under eighteen (18) years of age;? 5 use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission;? 6 use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of GooberPorn;?vd 7 take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or? 8 act in bad faith against this website or GooberPorn.? You further agree to use only your own account to login to this website, establish a secure password, and to not make your login credentials available to anyone else. You agree that you are responsible and liable for any actions on your account even if they are performed by a third party. If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out of the website by clicking the Logout button, and not to allow the browser to save or otherwise store your personal username and password. If you access the website and find it is already logged in under another account, you must immediately logout of the website by clicking the Logout button. Transactions and fees All sales and transactions are final. GooberPorn does not guarantee the availability of a refund, whether in website account credits (hereafter, Tokens) or money, for any reason. GooberPorn may provide refunds at its own sole discretion; however, it is under no obligation to do so. Please see our Billing Help page for more information. Tokens have absolutely no cash value and are for entertainment purposes only. Unused Tokens are not eligible for any full or partial refunds. GooberPorn may modify the number of Tokens held in your account for any reason(s), including but not limited to: purchases, refunds, charge-backs, fraud, customer support issues, technical errors, account inactivity, penalties or fines. The fees for using this website are set forth and provided to you in the Instructions and Features page and in other places throughout the website. GooberPorn may change the fees, or introduce new fees at any time. Any purchase you make at this website must be paid for using a payment method of which you are the owner or authorized signer. You are liable and responsible for all purchases made on your account with GooberPorn, regardless of whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase. Any communication regarding a refund or transaction reversal must be made to GooberPorn support at our Contact Support page. Inquiring about, requesting or receiving any transaction reversal, refund or charge-back from the payment processor, credit card, bank, or any other entity other than GooberPorn is strictly prohibited and will constitute fraud and an intentional breach of this Agreement, for which GooberPorn will pursue full legal remedies. Tipping and Tokens Tipping performers is allowed by GooberPorn. Tokens may be purchased in various pre-determined quantities, at the discretion of GooberPorn. Tokens have no value outside of GooberPorn. Unused tokens are not eligible for any full or partial refunds. GooberPorn may modify the number of tokens held in your account for any reason(s), including but not limited to purchases, refunds, charge-backs, fraud, customer support issues, account inactivity, penalties, fines or mere technical errors. Tips are 100% optional, they are not required in any way. Please remember that tips do not change the rules for what performers are allowed to do on the site. Tips are gifts and not bribes, so please do not send tips and then demand something in return, that not fair to the performers. Please review the partial list of content that is illegal or prohibited (above), as it is forbidden to ask a performer to engage in any of these activities. If you do so, your account is subject to immediate termination. As in real life tipping of a gratuity, once Tokens are given to a performer, it is a gift and the Tokens cannot be retrieved or returned. All purchases on GooberPorn MUST be made with Tokens. A performer may exchange information with a GooberPorn user, but this information MAY NOT be used to provide webcam shows or receive payment outside of the website. Fraud Any attempt at fraud will result in a permanent ban, without payment. (e.g., working together with a customer or hacker to accept private shows paid for with stolen credit cards). Performers are required to report all such suspicious activity, or the performer may be considered complicit. Proprietary rights and restrictions You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. GooberPorn, the GooberPorn website, and the GooberPorn product and service names are trademarks and/or service marks of GooberPorn (the GooberPorn Marks) and are owned exclusively by GooberPorn. You will not display or use the GooberPorn Marks in any manner, without GooberPorn prior written permission. Except as expressly authorized by GooberPorn in writing, you agree not to record, sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from GooberPorn is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in