TERMS OF USE & PRIVACY POLICYEffective Date: Feb 7, 2023
Last Modified Date: Feb 7, 2023 The Website www.portaglory.com and its contents and related services are owned by PortaGlory, LLC. By accessing and/or using the Website, or otherwise availing yourself of the services and information offered through the Website, You (the “User”) agree to be bound by these Terms of Use and Privacy Policy (collectively “Terms” or “Agreement”) in effect at the time of each such access or other use of the Website. The Terms apply to all users of this Website, regardless of whether they are members or merely visitors, and apply to any and all entities or persons on whose behalf any User acts. You acknowledge that PortaGlory, LLC may, from time to time, and in its sole discretion and without notification to You, modify these Terms (which modifications would be applicable as of the date of modification and would not have retroactive application prior to the date of modification). Your access and/or use of this Website indicates Your agreement to be governed by these Terms. Should we modify these Terms in any way, we will update the “Last Modified Date” located at the top of this webpage, accordingly. However, it is Your responsibility to apprise Yourself of any such revisions or modifications each time You visit or use the Website. If You do not so agree, You are not authorized to access or use the Website in any manner. IF YOU DO NOT AGREE TO THE ALL OF TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR SERVICES IN ANY WAY AND YOU ARE NOT AUTHORIZED TO PURCHASE ANY PRODUCTS. YOU MUST EXIT THE WEBSITE IMMEDIATELY. I. OVERVIEWPortaGlory, LLC is the manufacturer of adult products (“Products”) and the operator of this Website. The features and information that a User may avail himself/herself of via the Website are collectively referred to as the “Services.” II. TERMS OF USEA. Website Intended for Adults to be Viewed in Private.You must be legal age (21 in some jurisdictions, and 18 in some jurisdictions, “Legal Age”) to access, purchase from, or otherwise use any Services. You represent and warrant that the laws applicable to You in any jurisdiction with authority do not prohibit You from accessing sexually explicit content, products or services. You agree that the following is not obscene to You and is not obscene by law in any jurisdiction that has authority over You: erotic images of gay men, men using sex toys. The previously listed examples are intended to be illustrative and not exhaustive in nature. You will not redistribute the content on this Website and You will not allow any individuals under Legal Age to access this Website or any content from this Website. You will not show the content of this Website to any individual under Legal Age. Notwithstanding any other provision in these Terms, we reserve the right to fully cooperate with any law authorities as we deem necessary or desirable. You will not make available or display any Products purchased from this Website to anyone under Legal Age or display such Products in public. You agree not to view or display the Website in public, and that You intend to access the Website for your personal use in your own home or the home of another of Legal Age. B. Availability & LegalityPortaGlory, LLC makes no guarantees regarding the availability and legality of the Website, the Services (including the availability of any given Service) and/or the Products. You agree to consult with the law of Your jurisdiction to confirm the legality of any Products before ordering such Products from PortaGlory, LLC. PortaGlory, LLC reserves the right, in its sole discretion, to discontinue the Website or Services and/or modify the contents of the Website or the terms of the Services as it sees fit, including but not limited to, the price for Services, descriptions, and other e-commerce related information and/or functionality. You agree that PortaGlory, LLC will not be liable to You for any such discontinuance or modification of the Website or the Services. C. Authorized UsePortaGlory, LLC grants You a limited license to access and make personal use of the Website for purposes and uses that are legal and that are otherwise permitted by these Terms, including purchasing Products. Other than to view the Website for Services and to consider purchasing Products, You are not authorized to download or modify the Website or any portion of it, except with express, prior written consent of PortaGlory, LLC. This license does not include and specifically prohibits any resale or commercial use of this Website or its contents (except for Your purchase of Products and/or Services); any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another person or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not post or transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, including intellectual property rights; and/or (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to Products or Services. You are also prohibited from using the Website in any way that restricts or inhibits any other Website user from using or enjoying the Website consistent with these Terms. You may not assign or share your user name or password with any other party. Any unauthorized use terminates Your permission to access the Website and the license granted by PortaGlory, LLC immediately. D. Consent to Receive Notifications & Other CommunicationsWe do not sell or provide your email address or other information to any third parties to allow those parties to market to you or otherwise contact you (other than to our service providers to facilitate us providing services to you) (e.g., we may use a third party email service to notify you when a shipment was made or, when you do not opt out of our marketing emails, to send you notification of a sale). We reserve the right to send electronic mail or other messages to You and to other Users, but you can opt out of our marketing emails. You understand and agree that even unsolicited commercial email sent from Us or Our affiliates (acting on our behalf related to our products and services) is not SPAM as that term is defined under the law. The purpose of this communication may include but is not limited to: (a) Inform You of any changes to the status of Your account; (b) Inform You of any purchases made on the Website via Your account; (c) Provide information to You regarding products or services offered by Our affiliates or partners (subject to your ability to opt out of our marketing emails); (d) Inform You about any of Our related products or services; (e) Provide You with information about any item that We think, in Our sole discretion, may be of interest to You (e.g, if we were to have to recall a product). You may opt out of marketing announcements and messages by contacting [email protected]. If You opt out of these marketing emails, You may still receive system notices and other information that is specifically related to Your account. For example, We may send You messages related to a product recall or in response to a lost password request or for other administrative reasons associated with the Website. If You provide Your information to Us, use the Website, or Our Services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates (acting on our behalf related to our products and services) is not SPAM as that term is defined under the law. E. Prohibition against Harmful Transmissions & Appropriate Use of WebsiteYou, as a User, agree You are responsible for all of your communications and postings, including, but not limited to, comments, commentary, suggestions, product reviews, product “how tos” and otherwise (“User Content”). You agree that You will not upload, post, e-mail, or otherwise transmit to the Website or to any other User any messages, programs, or other materials (including, but not limited to, Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment or collect or mine information about this site or other users. PortaGlory, LLC does not have an obligation to assess, guarantee the accuracy or appropriateness of, or otherwise review User Content in any way, even if PortaGlory, LLC elects, in its sole discretion, to do so or to attempt to do so. from time to time. PortaGlory, LLC does not endorse any User Content, even if PortaGlory, LLC makes efforts to screen User Content. You agree that any User Content will not infringe upon, or breach another party’s intellectual property rights, contract rights or other rights. You agree not to utilize the Website and/or Services to send inappropriate communications or make inappropriate postings, including, but not limited to, communications and postings that are obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, solicitations of business, chain letters or pyramid schemes. PortaGlory, LLC is not responsible for any User Content or actions or omissions in response to User Content. If You follow any instructions or suggestions in any User Content, You do so at your own risk. You may not, and You agree that You will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. You may not violate or attempt to violate the security of the Website, including, without limitation, unauthorized access of data; circumventing authentication mechanisms; or interfering with the Website in any way. You may not use any engine, software, tool, agent or other device or mechanism (including but not limited to, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Website other than as provided through the Website and/or a standard third party web browser. You may not “frame” this Website or display the Website’s content through any other URL or in conjunction with another company name or trademark. You shall not copy the HTML code created to generate the Website and any associated web pages. F. Disclaimer of Warranties; Limitation Of Liability1. Warranties DisclaimedNEITHER PORTAGLORY, LLC NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE IN THESE TERMS OR ON THE WEBSITE IN RELATION TO PRODUCT PURCHASES (AND NOT INCLUDING ANY HOW TOS, EDITORIALS OR INSTRUCTIONS OR CONTENT FROM ANY OTHER PARTY), THE PRODUCTS AND SERVICES ARE MADE AVAILABLE “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER PORTAGLORY, LLC NOR ANY OF ITS SERVICE PROVIDERS, INFORMATION PROVIDERS, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR SUFFERED BY ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE, SERVICES OR PRODUCTS, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES OR PRODUCTS, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF PRODUCTS VIA THE WEBSITE OR SERVICES, AND REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C). YOU ASSUME ALL RISK OF USE OF OUR PRODUCTS AND SERVICES, AND ACKNOWLEDGE THAT SOME USE OR MISUSE OF OUR PRODUCTS MIGHT BE INHERENTLY DANGEROUS. YOU THEREFORE RELEASE PORTAGLORY, LLC, ITS LICENSORS, EMPLOYEES, CONTRACTORS OFFICERS, DIRECTORS, AFFILIATES, DISTRIBUTORS, VENDORS, ASSIGNEES, OR AGENTS, FROM ANY AND ALL CLAIMS AND LIABILITIES ASSOCIATED WITH THE USE OF THE PRODUCTS OR SERVICES. WHERE PORTAGLORY, LLC INCLUDES PRODUCT REVIEWS, DEMONSTRATIONS, RECOMMENDATIONS OR OTHER SERVICES RELATED TO THE PRODUCTS, THOSE ARE FOR YOUR CONSIDERATION ONLY. IT IS IMPERTATIVE THAT YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT AS TO WHETHER OR NOT SUCH PRODUCT OR USAGE OF SUCH PRODUCT IS SAFE OR APPROPRIATE FOR YOU OR ANY OTHER PERSON. YOU SHOULD MAKE AN INDEPENDENT INVESTIGATION AND ASSESSMENT OF ANY PRODUCT THAT MIGHT POSE RISKS TO YOU OR ANYONE ELSE, INCLUDING CONSULTING EXPERIENCED FRIENDS WHO HAVE USED THE PRODUCTS OR SIMILAR PRODUCTS. OUR OPINION OF WHETHER OR NOT A PRODUCT IS SAFE OR A SUGGESTED USE OF A PRODUCT IS SAFE MIGHT DIFFER FROM ANOTHER’S OPINION AND OUR OPINION COULD BE WRONG AS TO YOU AND YOUR INTENDED OR ACTUAL USE OF PRODUCTS. YOU MUST BE THE JUDGE OF THE SAFETY AND APPROPRIATE USE OF ALL PRODUCTS AND SERVICES. ALTHOUGH WE HOPE EVERY PRODUCT IS PERFECT WHEN WE RECEIVE IT FROM THE MANUFACTURER OR SUPPLIER, THE REALITY IS THAT WE CANNOT AND DO NOT INSPECT EACH PRODUCT WE RECEIVE FROM OUR SUPPLIERS AND MANUFACTURERS. YOU MUST BE SURE TO INSPECT IN GOOD LIGHT EACH PRODUCT YOU RECEIVE FOR ANY MANUFACTURING DEFECTS OR FLAWS AND/OR ANY DESIGN DEFECTS. 2. Limitation of LiabilityTO THE EXTENT ALLOWED BY LAW, PORTAGLORY, LLC SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD PARTY ACCESS, ALTERATION THEFT, OR DESTRUCTION OF ANY INFORMATION CONTAINED ON THE WEBSITE, WHETHER THROUGH ACCIDENTAL, FRAUDULENT, OR WRONGFUL MEANS AND/OR DEVICES. IN ANY EVENT, THE LIABILITY OF CERUZZI TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF SERVICES OR PRODUCTS, THE COST OF SUCH DISPUTED SERVICES OR PRODUCTS (I.E., THE AMOUNT YOU PAID TO PORTAGLORY, LLC FOR SUCH SERVICES OR PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS. NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE PRECEDING PARAGRAPHS OF SECTION III.E OF THE TERMS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU. 3. No Products are Medical Devices; Products are for Novelty OnlyUnless otherwise expressly labeled on any Products or packaging, all Products are for novelty only purposes and are not medical devices. PortaGlory, LLC Products are for entertainment and amusement, unless expressly labeled in writing otherwise. G. Risks Associated With Use of Products and ServicesThis Website provides adult-oriented products, ideas for adult activities with and uses of the Products. PortaGlory, LLC is not a product testing organization. PortaGlory, LLC obtains the Products from suppliers and manufacturers that PortaGlory, LLC believes are reputable and reliable, however, PortaGlory, LLC is not in a position to test every Product and/or to assess the safety of every suggestion that PortaGlory, LLC makes for User consideration PortaGlory, LLC is not a medical organization and cannot – and does not – provide You with medical advice or clearance to use certain Products or engage in any activities. Nothing contained in this Website should be construed as medical or other professional advice. Any suggestions by PortaGlory, LLC as to use of Products or activities should not be interpreted as a substitute for physician consultation, and product safety assessment. You must use good sense and personal judgment about your use of the Products and the activities in which You engage. The text, pictures, and descriptions set forth in this Website are for illustrative purposes only and do NOT advise that You or any other particular Website User undertake or perform any particular technique or activity. You agree that You will not undertake or perform any exercise or technique described in this Website until and unless You consult with and are cleared by a medical doctor in relation to such participation and You consult with an experienced User of the same Product or a similar Product. YOU HEREBY AGREE TO HOLD HARMLESS PORTAGLORY, LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, DISTRIBUTORS, LICENSEES AND CONTRACTORS FROM ANY LIABILITY ARISING FROM INACCURATE, INCOMPLETE OR MISSING WARNINGS, INSTRUCTIONS AND DISCLAIMERS PROVIDED BY OUR SUPPLIERS OR MANUFACTURERS. H. IndemnificationYou agree to indemnify, defend, and hold harmless PortaGlory, LLC, its directors, officers, employees, contractors, assignees, affiliates, vendors, distributors, licensees, and agents (“Indemnitees”), and defend any action brought against Indemnitees with respect to any claim, demand, cause of action, debt or liability (“Claim”), including, without limitation, reasonable attorneys’ fees, to the extent that such action is based upon a Claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements under these Terms; (ii) arises out of or relates to your use of the Website and/or (iii) arises out of or relates to your negligence, willful misconduct, other breach of this Agreement, or unlawful act. In the event of a claim subject to indemnification, PortaGlory, LLC shall be permitted to select its own counsel, and have the authority to settle the claim, in consultation with You. I. SeverabilityIn the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.). J. Entire AgreementThis Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and PortaGlory, LLC. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter of these Terms. K. Choice Of Law & ArbitrationThis Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of North Carolina. All contracts resulting from or relating to this Website shall be deemed entered into in the State of North Carolina. L. Venue; Personal Jurisdiction; Service of ProcessAny action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject-matter hereof, shall be brought or commenced, if at all, only in the courts of North Carolina. By accessing and using the Website, You (and any person or entity on whose behalf You act) hereby submit to personal jurisdiction in North Carolina in any action by or against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist. You (and any person or entity on whose behalf You act) agree to accept service of process for any claim arising out of or related to these Terms via either email (at the email address You provide us) or a national private carrier (e.g., FedX, UPS), and You hereby waive personal service. M. Headings For Convenience OnlyThe headings used herein are for convenience only. The headings do not purport to define, limit or extend the scope or intent of the language of the sections and the paragraphs to which they pertain. N. WaiverThe waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. O. PortaGlory, LLC Intellectual PropertyThe Website contains copyrighted material, trademarks, service marks and other proprietary information which may include text, software, photos, video, graphics, music and sound. The entire contents of the Website are subject to United States copyright laws. PortaGlory, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PortaGlory, LLC. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the Website. Without the owner’s prior written permission, You agree not to display or use in any manner, any trademarks or content found on the Website. You further agree that PortaGlory, LLC retains and reserves all rights to any trademarks, service marks, trade names or brand names under which it does business, whether registered or under common law. P. Copyright Complaints & Notice and Take Down PolicyPortaGlory, LLC respects the intellectual property of others and expects others to respect PortaGlory, LLC intellectual property. If You believe that Your work has been copied or otherwise appears on this Website in a way that constitutes copyright infringement or any other legal violation, please notify us immediately in writing at the contact address set forth below. Q. Company ContactPlease direct all inquiries and other communications relating to the Website and/or the Services to: 385 Pisgah Dr, Canton, North Carolina 28716 or by email to: [email protected] R. Local LawsYou represent and warrant that Your access to and use of the Website, the Services and your purchase of any Products is in compliance with the laws governing such access, use, Product and related conduct in your geographic region. PortaGlory, LLC is not in a position to research and monitor all laws of all jurisdictions. Therefore, it is up to you to know the laws that apply to you. S. Prohibited ConductUse of the Website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute a violation of state and federal civil and criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, PortaGlory, LLC may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the Website if You: (1) breach these Terms; and/or (2) take actions that PortaGlory, LLC believes may result in legal liability for You, for PortaGlory, LLC, or for other Website Users. PortaGlory, LLC reserves the right to deny access to the Website, Services and/or any elements of the Website or Services to any person at any time and for any reason, as allowed by law. III. ADULT NOTICES, DISCLAIMERS AND ISSUESA. Special Considerations Regarding Minors i. You represent that You are of Legal Age to access this Website and utilize the provided Services and Products provided by PortaGlory, LLC. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age. ii. You represent and warrant that You will not allow any minor access to this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Website from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep any age-restricted content from being displayed to Your children or wards. iii. WE HAVE A ZERO TOLERANCE POLICY FOR MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY. iv. You understand that all depictions of all persons on this Website and in all content produced or published by Us are of persons over the Legal Age as of the date of the production of the depiction. We take great measures to ensure that no underage individuals are depicted in any of Our content. v. If You seek any form of material involving minors (including so-called “virtual” pornography involving minors), You must exit this Website and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material. vi. In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Website. If You see any images or other depictions that are questionable, You agree to report these images by contacting Us at: [email protected]. vii. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken. viii. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a child pornography reporting service such as ASACP.org; http://www.asacp.org/index.php?content=report or the N.C.M.E.C. Cybertip Hotline: http://www.missingkids.com/missingkids/servlet/PageServlet?LanguageCountry=en_US&PageId=169 B. Images & Contenti. You acknowledge and stipulate that all of the content on the Website constitutes expressive content that is fully protected by the the First Amendment of the U.S. Constitution, and other similar legal principles. ii. You acknowledge and understand that some or all of the content on Our Website and transmitted via Our Services may be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Website and that You access the Website and Services freely, voluntarily, and willingly. iii. Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: http://www.getnetwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. iv. Pursuant to the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Users Content as defined within these Terms. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from these Terms between You and Us. IV. PRIVACY POLICYA. What This Privacy Policy CoversThis policy addresses what Personal Information (defined below) is and how PortaGlory, LLC uses Personal Information that PortaGlory, LLC collects from this Website and may otherwise receive from You. Personal Information is limited to Your legal name, physical address, a valid email address, and phone number and any other registration data we request, or acquire from Your use of the Website.. If you have any questions about the Privacy Policy (or these Terms), you can contact customer service at: [email protected]. Any terms with initial caps in this Privacy Policy shall have the meaning as/if defined in the Terms of Use if not defined in this Privacy Policy. B. Information Collection and Use PortaGlory, LLC does not rent, sell, or share Personal Information with other people or companies except to provide or offer services You have requested, when PortaGlory, LLC has Your permission to share Personal Information under the following circumstances: (i) In response to subpoenas, court orders, discovery requests, or other legal processes, or to establish or exercise its legal rights or defend against legal claims; (ii) If necessary to share information, including Personal Information, in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the PortaGlory, LLC policies or these Terms, or as otherwise required by law; (iii) When necessary to fulfill certain services or functions related to this Website that are outsourced to third parties; or (iv) In the event of the sale, merger or acquisition of PortaGlory, LLC’s business. C. Confidentiality and Securityi. PortaGlory, LLC uses commercially reasonable protections to safeguard Your Personal Information. These measures are intended to protect against the loss, misuse, or alteration of the information under our control; however, PortaGlory, LLC cannot guarantee that our security measures will prevent parties (such as “hackers” or other bad actors) from illegally obtaining or misusing Personal Information. ii. Although PortaGlory, LLC takes commercially reasonable security measures to protect Your Personal Information, PortaGlory, LLC must interact with third party servers and systems (for example, to support Your requests, provide services, and process Your transactions). PortaGlory, LLC strives to work with only reputable third parties vendors to provide those services, yet PortaGlory, LLC is not responsible for any acts or omissions of third parties that may result in compromising the security of Personal Information. D. Registration and Password.To access some of the content, information, and services at the Website, You may be required to register by providing certain information and creating a user name and password to access (or log into) the Website. You are responsible for maintaining the confidentiality of Your user name and password. You shall be responsible for all uses of Your user name(s) and password(s), and activity associated with Your account. You agree to immediately notify PortaGlory, LLC of any unauthorized access or use of Your user name(s) and/or password(s). E. Public Forums, Indemnification, Release & Content License From YouAny information that You disclose in public areas of this Website may become public information. You should exercise caution when deciding to disclose any personally identifiable information in such areas. Any and all information posted or contributed to any element of the Website may be used by PortaGlory, LLC in any manner, and the act of contributing information or other content constitutes a perpetual, royalty-free, worldwide license for PortaGlory, LLC (and its affiliates and successors) to use, reproduce, distribute, perform, display and make derivative works from such information and content. By submitting content or information to this Website, You represent and warrant that such information and content does not infringe upon or violate any person’s or company’s rights and that such content is legal and any and all persons shown or referenced are above the Legal Age, and You agree to indemnify, defend and hold harmless PortaGlory, LLC, its affiliates, officers, directors, employees and contractors for any damages or liability that arise out of or related to Your contribution of content or information. You promise not to sue or make a claim against PortaGlory, LLC or its affiliates, officers, directors, employees or contractors, and You hereby waive any and all claims against such PortaGlory, LLC Parties for any liability or damages arising out of or related to the acts or omissions of other users or contributors to this Website. F. Cookies; Pixel Trackingi. When You browse the Website, a temporary cookie is placed on Your computer that helps PortaGlory, LLC collect information to help us better understand our visitors’ interests and to better serve You. “Cookies” are small pieces of information that are stored by Your web browser’s software on Your computer’s hard drive or temporarily in Your computer’s memory. The use of cookies is an industry standard and it enhances the user experience and Your access to information on our Website. Cookies enable PortaGlory, LLC to recognize You and personalize Your viewing experience on the Website. PortaGlory, LLC uses cookies for a variety of purposes including, but not limited to, recognizing user access (or logon) privileges to the Website (such as to store user names and other information supplied at registration), track Website usage and traffic patterns, estimate the number of users who visit and use the Website, and track such usage patterns. Although most web browsers are initially set up to accept cookies, You may be able to decline the placement of a cookie on Your hard drive by using the appropriate feature(s) of Your web browser software (if available) to delete the cookie. Please note, however, that certain areas or features of the Website will not function properly if Your web browser does not accept cookies. ii. In addition to using Cookies, the Website may employ “pixel tracking”, a common process which may be used in connection with advertisements on other sites. Pixel tracking involves the use of pixel tags that are not visible to the user and consist of a few lines of computer code. Pixel tracking measures the effectiveness of advertisements and compiles aggregate and specific usage statistics. A “pixel tag” is placed on certain pages of websites that is used to track an individual user’s activity. We may access these pixel tags to identify activity and interests that may allow us to better match our goods, services, and other offers with Your interests and needs. For example, if You visit our Website from an advertisement on another website, the pixel tag will allow the advertiser to track that its advertisement brought You to the Website. If You visit our Website, and we link You to another website, we may also be able to determine that You were sent to and/or transacted with a third-party website. This data is collected for use in our marketing and research. |