User Agreement

Use of EarthPorn.co Content

Using our website to do anything other than access the links to this "Terms" page or accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, do not use our website.

Your use of our website to do anything beyond simply accessing/viewing it (that is, submitting, downloading, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms and by our Privacy Policy.

By downloading an image from EarthPorn, you agree that you do not claim any rights to it. The following conditions apply:
  1. You may use the content for personal, non-commercial purposes.
  2. You may use the content for anything that qualifies as fair use under copyright law, such as journalism (news, comment, criticism, etc.), but please include an attribute ("https://EarthPorn.co" or "courtesy of https://EarthPorn.co") next to where the content/image is displayed.
  3. You use the content at your own risk. EarthPorn.co MAKES NO WARRANTIES OF NON-INFRINGEMENT, and you will indemnify and hold EarthPorn.co harmless from any copyright infringement claims arising out of your use of the content. (See our general disclaimers below.)

NOTICES OF CLAIMED COPYRIGHT INFRINGEMENT (OR OTHER TYPES OF INFRINGEMENT)

If you see anything on our site that you believe infringes your copyright rights, you may notify our Digital Millennium Copyright Act ("DMCA") agent by sending the following information:
  1. Identification of the copyrighted work or works claimed to have been infringed. IMPORTANT: you must have a registered copyright for the work, or at least have filed with the Copyright Office (http://www.copyright.gov/eco/) an application to register a copyright for the work. DMCA notifications based on unregistered works are not valid.
  2. Identification of the material on our servers that is claimed to be infringing and that is to be removed, including the URL.
  3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you as copyright owner, or by your agent, or by law.
  4. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner (or authorized to act on behalf of the owner) of the exclusive copyright right that is allegedly being infringed.
  5. Your electronic signature, or of someone authorized to act on your behalf.
  6. Instructions on how we may contact you: preferably email, but also address and phone.
Because all DMCA notifications must be based on a work for which the copyright is registered with the Copyright Office (or for which registration has been applied for), and because a high percentage of DMCA takedown notices are not valid, it will speed our investigation of your DMCA notice if you attach to it a copy of your copyright registration, or registration application, for the work.

Use the same procedure for any claimed trademark violations or other infringements. If we receive a DMCA takedown demand for material you posted that we believe constitutes fair use, we will attempt to notify you if we have your contact info; otherwise we are under no obligation to notify you regarding the removal. We reserve the right to refuse to remove any material that in our view constitutes fair use.

Our agent to receive such notifications of claimed infringement can be found at [email protected]

Disclaimer of Warranties, Limitations of Remedies, Indemnity

While we strive to make EarthPorn.co as dependable as possible, our services are provided on an AS IS - WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. EarthPorn.co DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER EarthPorn.co TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, EarthPorn.co HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. EarthPorn.co DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON https://EarthPorn.co THAT IS NOT PRODUCED BY EarthPorn.co, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Your sole remedy for the loss of any services and/or of any images stored on EarthPorn.co's services is to discontinue your use of our service. EarthPorn.co WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, EarthPorn.co's SERVICES, EVEN IF EarthPorn.co HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF EarthPorn.co's SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

YOU WILL INDEMNIFY AND HOLD EarthPorn.co AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR SUBMISSION OF CONTENT TO OUR SERVERS.

Miscellaneous

"EarthPorn.co" or "we" refers to our corporation, and its successors and assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time. These terms are governed by California law, excluding its conflicts of law principles, and if there is a lawsuit between you and EarthPorn.co, jurisdiction and venue will lie exclusively in the State where the defendant is located. If any part of these terms is invalid, the remaining provisions will be unaffected. These Terms of Use constitute the entire agreement among the parties relating to this subject matter, and they will continue to govern any issues that arise out of your use of EarthPorn.co's services even after you discontinue using them. We may revise these terms from time to time without notice.