Terms and Condition
The following definitions apply to the TOS.
The term "User" refers to any individual or organization that (a) accesses, attempts to access, or otherwise makes use of any uniform resource locator (URL) that resides entirely on a server owned or operated by Pumph; (b) sends electronic mail, files, or other data transmission onto any network owned or operated by Pumph or onto the Site (whether via private Transmission or public upload posting); or (c) links to a URL resource owned or operated by Pumph
Members are included in the word "User".
The term "Member" refers to a User who pays a fee (amount to be determined by Pumph in its sole discretion from time to time) and is only permitted access to certain areas of the Site after completing login protocols established from time to time by Pumph, including without limitation, through the use of an approved User name and password.
All information and materials, including data, text, software, music, sound, pictures, graphics, and videos, are referred to as "Content."
The term "Services" refers to all materials (including Content) made available through or on the Site at any time. As an illustration only and without limitation, this includes a User's capacity to (i) view Content, log into the Site as a Member, and add to or modify that Member's Registration Data. (defined below); (ii) interact with the Site and other Users through the Site (including, without limitation, the capacity to download or upload Content or additional information or material, post messages, and engage in groups or forums); and (iii) shop or make use of other services that are offered, including approving charges to such User's credit or debit card, checking account, telephone invoice to make purchases or pay subscription fees related to the Site.
The term "Site" means the website http://www.pumph.net.
The term "Pumph" is an assumed business name of http://www.pumph.net.
The term "Transmit" or "Transmission" refers to when a User uploads, posts, emails, transmits or otherwise makes any Content or other information or material available (directly or indirectly, by act or omission) or communicates it to the Site, or through such means uses a Service offered on or through the Site.
The term "Erotica" means still photography or video footage that intends to trigger sexual pleasure or arousal, including depictions of nudity and sexually-explicit acts (penetration, oral sex, masturbation, etc.).
ACCEPTANCE OF TERMS
Each User is granted access to the Services and Content following the TOS, which may occasionally be updated or rewritten without prior notice by Pumph in its sole discretion. The Site will always have the most recent version of the TOS posted there. The TOS also covers any other guidelines, instructions, or notices placed elsewhere on the website, such as—but not exclusively any information included in the sections of the website titled "Shop”, “Films”, “Photography”, “Culture”, “Blurred Lines”, “Submissions”. A User accepts the terms and conditions of the TOS when they access or use any element of the Site.
AGE AND LEGAL ACCESS CERTIFICATION
By using or accessing the Site, the User represents and warrants that they are at least eighteen (18) years old; that they are familiar with the local laws that may restrict their ability to access the Site legally; and that they are at least the age of consent (or older) in the jurisdiction from which they are viewing or accessing the Site’s erotica or age-restricted Content; that the User has the legal right to access those materials; that Pumph has the legal right to display or make those materials available to the User; that the User is requesting those materials for their enjoyment; and that the User will not, directly or indirectly, share those materials with or otherwise make them accessible to minors.
REGISTRATION OBLIGATIONS AND SECURITY
In return for using the Site (whether as a Member, guest, or otherwise), the User agrees to: (a) provide true, accurate, current, and complete information about the User as prompted by the Pumph registration and profile date forms, or by any other form that asks the User for information about the User, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete (collectively, such information is sometimes referred to as the "Registration Data"). The failure of a User to provide or maintain true, accurate, current, and complete Registration Data as specified in the TOS may result in such User's access to or use of the Site being suspended or terminated without incurring any costs to Pumph and without obligation to reimburse any fees previously paid by a Member to Pumph. This is without limiting any other provision contained herein
Each Member is responsible in protecting the privacy of their Member login information (or other identifying information).
Neither the login user name nor the password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of Pumph, which consent may be withheld in Pumph's sole discretion. Each Member is solely responsible for all activities under their login username or password.
Each User agrees to immediately notify Pumph of any unauthorized use of the Site or any other security breach known to the User. Each Member agrees to immediately inform Pumph of any unauthorized use of their Member name or password.
User acknowledges and agrees that all Content a User Transmits to the Site, whether publicly displayed on the Site or privately transmitted onto or over the Site, is the exclusive responsibility of the User from whom such Content originated or is uploaded and is not checked or pre-screened by Pumph.
This means that regardless of whether the Content is eventually shown on the Site, the User, and not Pumph, is accountable for all Content that the User Transmits onto or via the Site.
As a result, neither Pumph nor its affiliates make any representations or warranties concerning the truth, integrity, or quality of User-submitted Content to the Site. Moreover, user is aware of the possibility of being exposed to Content that might be regarded as offensive, indecent, or objectionable by viewing, using, or accessing the Site.
User agrees to NOT use the Site to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
harm minors or any person in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
Transmit any Content that User does not have a right to Transmit, whether or not under any law, rule or regulation, or under contractual or fiduciary relationships;
Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Site (http://www.pumph.net) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, or violate any terms contained in the TOS;
"stalk" or otherwise harass any model, person, or other User; or
collect or store personal data about Users other than User.
download Content except as otherwise permitted by the Site’s management or under the TOS.
Under no circumstances will Pumph be liable or responsible in any manner for any Content that User agrees to view or gives permission for Pumph to publish on the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate and bear all risks associated with the sharing, use of, or access to any Content, including Content posted to the Site by Pumph.
User acknowledges and agrees that Pumph may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if Pumph believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of the Site or Pumph, its Users or the public.
User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User and Pumph, Pumph does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In its sole discretion, Pumph may condition Site display of User Transmitted Content upon such User becoming a Member.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to Pumph a perpetual, world-wide, royalty-free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrants that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, Pumph has NOT hired, contracted for, managed or otherwise arranged for the participation of any persons, fictional or non-fictional, depicted in such Content.
User acknowledges that Pumph may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that comments, submissions, message board postings, or other Transmitted Content will be retained by Pumph on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that Pumph has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that Pumph reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without prior notice.