Terms and Conditions


1. Introduction

  • Welcome to the Deerporn.com website. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR ACCESSING DEERPORN.COM. These Terms of Service apply to all users who access, visit, or use in any manner the Deerporn.com website (hereafter, "Deerporn"), or any aspect of Deerporn, including any and all products, software, information, materials, functions, data feeds, and services provided to you on, from, or through Deerporn (collectively the "Service"). As used herein, "Deerporn, LLC," "we," or "our," refer collectively to the Deerporn company, its owners, directors, members, managers, employees, management, operators, and any and all agents or any other persons acting on behalf of Deerporn with Deerporn's permission. "You" or "your" refers to the user of Deerporn.
  • By using or accessing Deerporn or the Service, you thereby signify that you have read, understand, and agree to be bound by (1) all of the above and following terms and conditions contained herein (the "Terms of Service"), (2) Deerporn's privacy notice, found at (Deerporn.com/Privacy?) and incorporated herein by reference, and (3) Deerporn's Community Guidelines, found at (Deerporn.com/communityguidelines?) and also incorporated herein by reference. If you do not agree to any of these terms, do not use the Service.
  • Deerporn is intended for use by persons age 13 or older. By using or accessing Deerporn, you affirm that you are 13 years of age or older. If you are younger than 18 years of age, you further affirm that you are an emancipated minor, or possess legal parental or guardian consent to access Deerporn, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are younger than 13 years of age, please do not use Deerporn.
  • These Terms of Service apply to users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view through, access through, or contribute to, the Service.
  • Deerporn, LLC, may, in its sole discretion, amend, revise, or otherwise modify these Terms of Service and any related policies at any time, and you agree to be bound by such amendments, revisions, or modifications. Although Deerporn, LLC, may attempt to notify you at the email address which you provide to us when significant changes are made to these Terms of Service, you should periodically review the most up-to-date version (Deerporn.com/Privacy?). You are responsible for providing a current, functioning email address to Deerporn, LLC, for such purposes.
  • Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  • Deerporn, LLC, reserves the right in its sole discretion to discontinue any aspect of the Service, in whole or in part, at any time, without prior notice, for any reason whatsoever, or for no reason at all.
  • Deerporn, LLC, can be contacted at info@deerporn.com.

2. Use of the Service-Restrictions

  • You agree not to distribute in any medium any part of the Service or Content without Deerporn, LLC's prior written authorization, unless Deerporn, LLC, makes available the means for such distribution through functionality offered by the Service.
  • You agree not to change, alter or modify in any way, any part of the Service.
  • You agree not to access Content through any technology or means other than the means which have been expressly authorized by Deerporn, LLC, for such purposes.
  • You agree not to use the Service for any of the following commercial purposes without Deerporn, LLC's prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or 
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Deerporn appears on the same page and is of sufficient value to be the basis for such sales.
    • However, prohibited commercial uses do not include: 
      • uploading original video to Deerporn to promote your business or artistic enterprise, though Deerporn, LLC, reserves the right to impose limitations upon such uploading;
      • any other use that Deerporn,LLC, expressly authorizes in writing.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner which sends more request messages to the Deerporn servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Deerporn, LLC, grants the operators of public search engines permission to use spiders to copy Content from the site for the exclusive purpose of, and only to the extent necessary for, creating publicly available searchable indices of the Content; however, such operators of public search engines may not create caches or archives of such materials. Deerporn, LLC, 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 Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes.
  • You agree not to solicit for commercial purposes, any users of the Service with respect to their Content.
  • In your use of the Service, you will comply with all applicable laws.

3. Deerporn Accounts

  • Certain features of the Service can only be accessed by logging into a Deerporn account. Thus, to gain access to such features, you must create a Deerporn account. When creating your account, Deerporn asks you to provide certain information such as an email address and birthdate. You agree to provide true, accurate, and complete information as requested by Deerporn.
  • When creating or using a Deerporn account, you shall not impersonate or represent yourself as being or being affiliated with any person or entity to which you are not affiliated or otherwise do not have permission to impersonate or represent. You may never, under any circumstances, use another user's account, personal information, or likeness without permission, including using another user's username, password, or other personal account information, or another person's name, likeness, voice, or image, whether such image be photographic or otherwise.
  • Should you choose to create a Deerporn account, you are solely responsible for any and all activity that occurs on your Deerporn account, and you must keep your account password secure.
  • You must notify Deerporn immediately at info@deerporn.com of any breach of security or unauthorized use of your account. Deerporn, LLC, will not be liable for any of your losses caused by any unauthorized use of your account; however, you may be liable for any and all losses sustained by Deerporn, LLC, or any other party, due to such unauthorized use.

4. You Submission of Content

  • Deerporn account holders may submit Content to the Service, including videos, photographs, and user comments. You understand that information uploaded or submitted to Deerporn is or may become publicly accessible. Deerporn, LLC, cannot and will not guarantee any confidentiality with respect to any Content you submit. You have no expectation of privacy regarding any Content submitted or uploaded to Deerporn.
  • You shall be solely responsible for any and all Content which you upload, including any and all consequences and liability that may result from submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or possess the necessary licenses, rights, consents, and permissions to publish all Content which you submit; further, you license to Deerporn, LLC, all patent, trademark, trade secret, copyright or any other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
  • Although you retain all of your ownership rights in any Content which you submit to Deerporn, by submitting such Content, you thereby grant Deerporn, LLC, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Deerporn, LLC's (and its successors' and affiliates') business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you regarding video or photograph Content which you submit to the Service terminate within a commercially reasonable time after you remove or delete your photographs and/or videos from the Service. You understand and agree, however, that Deerporn, LLC, may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
  • You agree that all Content which you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Deerporn, LLC, all of the license rights granted herein.
  • You agree that you will not submit to the Service any Content or other material that is contrary to the Deerporn Community Guidelines, found at (Deerporn.com/communityguidelines?), which may be updated from time to time, or is contrary to any local, national, and international laws and regulations, or encourages violation of any such law or regulation
  • You agree that you will not submit any material which is defamatory, abusive, harassing, threatening, obscene, bigoted, racial in nature, pornographic, sexually explicit, invades the privacy rights of another, and/or can reasonably be expected to cause harm to any person or entity. Deerporn, LLC, reserves the right to decide whether any Content posted on Deerporn meets any of these criteria, and to remove such content at any time.
  • You agree that you will not submit any Content or other material which contains any sort of computer virus or any other component designed to harm, impair, damage, or otherwise tamper with, Deerporn or any other user's computer, or impairs any other user's use of Deerporn.
  • You are aware that other users may display advice, recommendations, or opinions from time to time through Content which such users post on Deerporn. Unless otherwise stated in writing, Deerporn, LLC, does not endorse such advice, recommendations, or opinions. If you choose to rely on such advice, recommendations, or opinions, you do so at your own risk. Deerporn, LLC, specifically disclaims any liability in connection from reliance on such advice, recommendations, or opinions.
  • Deerporn, LLC, does not permit any form of activities to occur on the Service which infringe on any copyright or intellectual property rights. Deerporn, LLC, will remove all Content if properly notified that such Content infringes on another's copyright or intellectual property rights.
  • You understand that Deerporn, LLC, reserves the right to, but assumes no duty to, monitor Content on Deerporn, either on Deerporn, LLC's initiative, through other users (all of whom have the ability to "flag," or make Deerporn, LLC, aware of, Content which is in violation of these Terms of Service), or through any other legal means which Deerporn, LLC, should so choose. Deerporn, LLC, reserves the right to modify, refuse to post or display, or to remove, any Content whatsoever, without prior notice, for any reason, or for no reason at all, but Deerporn, LLC, specifically disclaims any responsibility to do so. You are solely responsible for all Content which you submit to Deerporn.

5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

  • Content on the Service, trademarks, service marks, word marks, logos, and other marks on the Service, are owned by or licensed to Deerporn, LLC, and are subject to copyright and other intellectual property rights under the law. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Deerporn, LLC, or the respective licensors of the Content.
  • You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by Deerporn on the Service for that Content.
  • Deerporn, LLC, and its licensors reserve all rights and privileges not expressly granted in and to the Service and the Content.
  • You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  • You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Deerporn, LLC, is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, and/or objectionable, and you hereby waive, any legal or equitable rights or remedies which may be available to you against Deerporn, LLC, with respect thereto, and, to the extent permitted by applicable law, you agree to indemnify and hold harmless Deerporn, LLC, and any of Deerporn, LLC's affiliates, licensors, and/or licensees, to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Account Termination Policy

  • Deerporn, LLC, reserves the right to terminate or suspend your account or access to Deerporn at any time, without prior notice, for any reason including any violation of these Terms of Service or any other agreement which you make with Deerporn, LLC, or for no reason at all.
  • Deerporn, LLC, reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, including but not limited to, pornography, obscenity, or excessive length. Deerporn, LLC, may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
  • Deerporn, LLC, reserves the right to terminate a user's access to the Service with or without prior notice if, under appropriate circumstances, the user is determined to be a repeat violator of these Terms of Service.

7. Links to Third Party Websites

  • The Service may contain links to third party websites that are not owned or controlled by Deerporn, LLC. Deerporn, LLC, has no control over, and assumes no responsibility for, any content, privacy policies, or practices of any third party websites. In addition, Deerporn, LLC, will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release Deerporn, LLC, from any and all liability arising from your use of any third-party website.
  • We encourage you to be aware when you navigate away from Deerporn, and to read the terms and conditions and privacy policy of each third-party website that you visit or access.

8. Digital Millennium Copyright Act

  • If you are a copyright owner or an agent thereof and believe that any 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):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Notifications of infringement should be sent to info@deerporn.com for review. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
  • Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature; 
    • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; 
    • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and 
    • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New Orleans, LA, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Such counter-notices should be sent to info@deerporn.com. If a counter-notice is received by the Copyright Agent, Deerporn, LLC, may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Deerporn, LLC's sole discretion.

9. Warranty Disclaimer
DEERPORN, AND ALL SERVICES AND CONTENT THEREON, ARE PROVIDED ON AN "AS-IS" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEERPORN, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND/OR NONINFRINGEMENT. DEERPORN, LLC, MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DEERPORN, LLC, DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEERPORN, LLC, WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


10. Limitation of Liability
IN NO EVENT SHALL DEERPORN, LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES INCLUDING CONTESTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT DEERPORN, LLC, SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Deerporn, LLC, from its facilities in the United States of America. Deerporn, LLC, makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Deerporn, LLC, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Deerporn, LLC, without restriction or prior notice to you.

13. General
You agree that: (i) the Service shall be deemed solely based in Louisiana; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Deerporn, LLC, either specific or general, in jurisdictions other than Louisiana. These Terms of Service shall be governed by the internal substantive laws of the State of Louisiana, without respect to its conflict of laws principles. Any claim or dispute between you and Deerporn, LLC, that arises in whole or in part from the Service or Content posted on Deerporn shall be decided exclusively by a court of competent jurisdiction located in New Orleans, LA. These Terms of Service, together with the Privacy Notice (deerporn.com/privacy) and any other legal notices published by Deerporn, LLC, on the Service, shall constitute the entire agreement between you and Deerporn, LLC, concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Deerporn, LLC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Deerporn, LLC, reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DEERPORN, LLC, AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.