Terms and conditions

Date of Last Update: October 17, 2023

We own and operate the website RefacePorn.com (the “Website” or “RefacePorn.com”). The Website is an online adult interactive website. The Website may feature content of a sexual nature, including but not limited to nude, non-nude, erotic and other adult content. Unless otherwise specified in the present Terms and Conditions, the Website is available to users residing anywhere the world.

The present Terms and Conditions set forth the terms upon which you may use the Website, upload images and purchase AI-generated videos from the Website. We seek to ensure all users benefit from a positive enriching experience while using the Website. Accordingly, it is crucial for all users of the Website to understand their legal obligations and rights with respect to the Website. Please review these Terms and Conditions, in full, prior to using the Website.

1. BACKGROUND

RefacePorn.com (the “Service”) is an artificial intelligence (AI) application offered through the Website, that allows you to create images and videos of individuals for personal entertainment. Please note that RefacePorn.com has implemented all reasonable and available legal measures to ensure its users view sexually explicit content only with their consent.

 2. ACKNOWLEDGEMENT

It is your exclusive responsibility to carefully read through and understand these Terms and Conditions in full. By using the Website, you confirm to us that you have carefully read and clearly understood the present Terms and Conditions, in full, entering into the same of free will.

3. BINDING AGREEMENT

When you register on the Website, purchase videos offered on the Website and/or use the Service, you will be deemed to have agreed to these Terms and Conditions. By using RefacePorn.com or uploading an image thereon, you are agreeing to be bound by these Terms and Conditions.

These Terms and Conditions constitute a binding legal agreement between you and us. Any usage of the Website, even accessing or browsing, will be deemed to be your acceptance of these Terms and Conditions in full. If you do not agree with any portion of these Terms and Conditions, your sole recourse is to not use the Website.

4. UPDATES TO THESE TERMS AND CONDITIONS

We may update or change these Terms and Conditions at any time at our discretion. The most recent version of these Terms and Conditions will be published on the Website. These Terms and Conditions will specify the date of their latest update. Please review these Terms and Conditions periodically to keep up with any updates.

All updates to these Terms and Conditions will be binding as of their publication on the Website. Your usage of the Website following the publication of the updated Terms and Conditions will constitute your agreement to be bound by the updated Terms and Conditions.

 

5. CONDITIONS TO USE THE WEBSITE

RefacePorn.com is an online adult interactive website. Upon using the Website and the Service, you understand and acknowledge that you may gain access to nudity, sexual content, graphic depictions, videos of a sexual nature and other explicit materials. The Website is not suitable for minors, and is not intended for minors. Minors are strictly prohibited from using the Website. We do not intentionally market or advertise to minors.

The access to RefacePorn.com is not recommended to persons who might be sensitive to adult entertainment content. As such, any eventual access of RefacePorn.com by such persons will be at their sole risk.

Considering the nature of the Website’s content, only adults may access and use the Website. For purposes of these Terms and Conditions, an adult is defined as (1) an individual who is at least eighteen (18) years of age, or (2) an individual who has reached the age of majority in the individual’s country of residence. Any adult who does not meet the minimum age requirement may not use or access the Website.

By using the Website, you represent and warrant to us that:

• You reside in a country that allows the distribution and receipt of adult content. As an adult, you declare that you have the right to view any content you deem advisable. Moreover, you declare that viewing adult entertainment content on the Website will not in any way infringe the laws and regulations applicable in your town, city, county, state or country.
• You further declare that you currently reside in the country which you truthfully and accurately indicated in the form provided to log into RefacePorn.com. You undertake to immediately notify us, within 24 hours, of any change to your country of residence by sending an email.
• You have been informed that the Website contains adult content and content that may be of an explicit sexual nature. You confirm that you are not easily offended by videos, images, texts, content, and audio that is explicit.
• You will use the content available on the Website for personal and private use, only, and not for any commercial purposes. You declare and acknowledge that you are not acting on behalf of a legal person but as an individual consumer and in no event the purchase of services under this Agreement could be considered as being part of your professional activity.
• You are not subject to any restrictions that would prevent you from using the Website in your country of origin or residence.
• You will ensure that all personal data provided to us is accurate, true, complete and current to the best of your knowledge.
• You will be responsible for the payment of any Video purchased or subscription on the Website. To this effect, you confirm that you are the sole owner of the payment information (such as the credit card, PayPal account or other information) provided to make the payment.
• You agree to release and discharge us from any and all liability and claims that may arise out of your usage of the Website, as further specified in these Terms and Conditions.

6. REGISTRATION AND USER ACCOUNTS

You may visit the Website without creating a user account on the Website, however, some portions of the Website may be inaccessible without a valid user account. To upload an image and benefit from the Service, you will be required to register for a user account on the Website.

To register a user account, you may be asked to provide personal or private information, such as your name, email address, age, username and password. You will be responsible for updating any personal data which becomes outdated or expired. In addition, you represent and warrant that all information you provide to us when you establish a user account, and when you access and use the Service, is and will remain complete and accurate.

Every user account will be secured by a password. You are responsible for ensuring your password remains confidential and secret.

In case of a security breach, such as a compromised password, please notify us immediately by sending an email or submitting a notice on the Website. We will not be responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your user account for billing purposes.

Every user account is personal and may only be used by the registering user. You may not share your login details with a third party. You will also be responsible for any account that you have access to and any activity occurring in such account, whether or not you authorized such activity.

In case of your unlawful conduct or breach of the present Terms and Conditions, RefacePorn.com may terminate, without notice, your user account. RefacePorn.com will not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund.

RefacePorn.com will be entitled to suspend a user account on the Website and/or terminate a user account with immediate effect, if RefacePorn.com believes that a user did not meet the requirement(s) stated in these Terms and Conditions.

7. PROVISION OF IMAGES BY USERS

You acknowledge that you can only upload an image of yourself on the Website for purposes of the Service. You may also upload an image of a person who has granted you his or her explicit prior consent.

All images you upload on the Website will be automatically deleted after one (1) month unless you pay an additional fee or change your subscription package, as applicable.

You understand that it is your sole responsibility to secure the consent of any person(s) appearing or otherwise featured in images you upload to the Website. It is strictly prohibited to upload any images that are illegal, unlawful or illegitimate, such as photos of underage children. All individuals appearing or featured in images uploaded on the Website must be above the age of 18 or the age of majority in jurisdiction where such age is higher than 18.

8. VIDEOS AND OWNERSHIP THEREOF

Videos generated as a result of the Service (the “Videos”) are the sole property of RefacePorn.com.  It is strictly forbidden for you to download, convert, share or distribute the Videos. The Videos will be accessible for streaming and viewing only, and may not be downloaded from the Website.

Videos generated will be stored on the Website for at most thirty (30) days. This period may be extended at your request. A monthly fee must be paid for the extension.

9. PURCHASES AND PRICING

Once your user account has been created, you may upload an image to the Website. You will then be asked to select a movie. Upon selecting the video, you will be directed to a shop page where the payment can be done. Please note that at this time, you may only purchase one (1) Video at once. Once the purchased Video has been generated, it will be available for viewing on the Website’s main page, under the Finished Videos menu tab.

Payments for the Service may be made using PayPal, bank card payments, Apple Pay, Google Pay, cryptocurrency or any payment method authorized by us in advance. For information on bank charges, you should consult your bank directly.

All currency and transaction related costs are included in the displayed price of the Service. We reserve the right to modify the prices on an as needed basis to consider the fluctuations of currency exchange rates.

We may change the pricing at any time by publishing the new pricing on the Website.

10.  SUBSCRIPTIONS

In order to purchase a subscription to RefacePorn.com, it is mandatory to be at least 18 years old or 21, depending on the age of majority in the country of residence, in compliance with the local regulations applicable to the subscriber.

The pricing for the subscriptions will be set by us. The pricing may consist of a flat fee or a recurring monthly fee to gain ongoing access to RefacePorn.com.

You will be responsible for verifying the price of the subscription prior to making the corresponding payment. Unless otherwise indicated, the payments for subscriptions are exclusive of any taxes and duties. You are responsible for paying taxes charged in connection with your purchase of the subscription.

Subscriptions must be prepaid.

Subscribers may unsubscribe from RefacePorn.com at any time by sending an email to our customer service ([email protected]) or deleting their user account. Once deleted, all data associated with the account will be delete from our servers.

11. PERMITTED AND PROHIBITED CONDUCT

The Website and all its features must be used, at all times, in accordance with their purpose and intended use. Any dishonest behavior, action, maneuvers of any kind, inclusive of attempt(s), with special regard to the circumvention of applicable rules (whether written or implied) may lead to the immediate suspension or termination of your user account on the Website. Please note that we are entitled to act accordingly on the basis of conclusions drawn from circumstantial or factual information brought to our attention either through Website monitoring or by any other means within the scope of legality.

You agree to comply with the following when using the Website and the Service:

You will not upload any images or Videos to the Website without the explicit prior consent of the owner and any individuals who appear in the images or videos.

You must only upload images or videos containing individuals who are above the age of 18. If the laws in a legal juristriction set a older age of consent, you may not upload images of individuals younger than the age of consent.

You may not use the Website in such a way that it violates any applicable laws.

You may not download, make copies (by using your phone camera or otherwise) or share the Videos with anyone else.

We do not allow the Website or the Service to be used to incite harm, bully or harass. If you violate this obligation, we will terminate your access to the Service. We also may terminate your access to the Website at our sole discretion.

You must not use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not impersonate an individual, celebrity, entity, business, or company on the Website.

You must not collect personal information or data regarding users of the Website, without obtaining the users’ consent.

Further, you agree that we may, without liability and without penalty, terminate your user account or revoke your right to use the Website if you breached or attempted to breach any obligation in these Terms and Conditions. Once your user account has been suspended or terminated for any reason, all Videos purchased under such user account will no longer be accessible to you.

12. USER DECLARATIONS

You, as an individual user of the Website, hereby declare to us as follows:

• I am fully aware that RefacePorn.com transmits, distributes and shares adult entertainment content.
• I am fully aware that viewing adult content is only allowed for viewers of at least 18 years old or 21 in some regions.
• I expressly declare that, on the present date, I have reached the necessary age to view adult content in accordance to my local rules and regulations. I declare that I have full legal capacity and mental capacity to use the Website and the Service, without restriction. I declare that I will not use the Service if my capacity may be deemed insufficient for any reason.
• I certify that I am aware of my criminal liability and, therefore, will act, under all circumstances, in accordance to my local community standards of morality and applicable laws.
• I am fully aware that all Videos provided on RefacePorn.com are duly protected by copyrights and intellectual property and therefore, they will be for my own exclusive personal use.
• I am fully aware of and agree that RefacePorn.com can grant full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction as well as responds to subpoenas and court orders.
• I acknowledge that RefacePorn.com and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, the Website and/or material contained herein.
• I agree and acknowledge that intellectual property rights (including but not limited to right to use, adapt, translate, etc.) to any content (such as messages, pictures, videos, etc.) created, published or otherwise made public to me on RefacePorn.com belong to RefacePorn.com.
• I expressly authorize RefacePorn.com to monitor and record my online activities on the Website, including my requests for the Service and e-mails.
• I hereby expressly waive any rights and declare to withdraw any claim that any use by RefacePorn.com violates any of my rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.

13. LIMITED GUARANTEES

We do not provide any guarantees as to the quality of the completed Videos. You accept that errors or discrepancies may occur during the conversion, which could affect the quality of the Videos.

We cannot guarantee a particular outcome following the provision of the Service. We do not provide any guarantees regarding the Videos. You therefore agree to purchase Videos from the Website at your sole risk, without any guarantees as to their effectiveness, quality and content.

14. LIABILITY

Under no circumstances will RefacePorn.com or any of its related, affiliated companies be liable to you for any indirect, incidental, special, consequential or punitive damages, even if based on negligence and even if we were advised of the possibility of those damages, that result from the usage of the Website, Videos generated and purchased, the use of or inability to use the Service and any matters arising out of these Terms and Conditions.

You understand that the Service utilizes an artificial intelligence generator to generate the Videos, and we will not be responsible for the quality or content of the Videos generated. We do not accept liability for the quality of the produced Videos. Our artificial intelligence algorithms may produce results which are sometimes not as high quality as other times. The time and performance of the Service may vary based on maintaince, and the amount of traffic the Service receives amoungst other reasons.

We will not be liable for any defamatory, offensive or illegal conduct of any user of the Website, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, which affects the Website.

You recognize that technical issues may arise when using the Website. Such issues may delay, suspend, terminate or completely prevent access to the Website. We will not be liable for any loss, damage or harm caused by the Website or the Service. Further, we disclaim liability for: (i) any issue affecting our servers, including unauthorized access to personal information and data; (ii) any service interruptions, bugs or other issues affecting the Website; and (iii) a virus or other harmful component impairing the Website, such as viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware or other programs and codes intended to harm or adversely affect computer software or hardware.

To the fullest extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service. Our aggregate liability for all claims made regarding the Service or the Website will not exceed the amount you paid us for the Service the month before the event giving rise to the liability.

15. FRAUDULENT TRANSACTIONS AND OUR RIGHTS

In case of any fraudulent transaction, we reserve the right to use all available information at our disposal during any kind of legal procedure, including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity.

During such legal procedures, we reserve the right to other professional third parties, such as investigators parties and share certain information in order to: (i) comply with laws; (ii) vindicate our rights; and/or (iii) represent the best interests of the Website’s users and subscribers.

We will grant full co-operation to legal authorities in the position to investigate fraudulent transactions and other matters falling under legal jurisdiction. We will also diligently and promptly respond to subpoenas and court orders.

16. NO CONTENT INVOLVING MINORS

We adhere to a zero-tolerance policy related to child pornography. We are strongly opposed to any pornographic content that involves minors.

If you believe or have reason to be believe any content on the Website involves a minor, please immediately notify us by sending a written notice by email. Please ensure the written notice includes a link to the infringing content, and the date and time at which you discovered such content. We take all reports of child pornography extremely seriously and we are committed to investigating all claims made by users. All claims of minor involvement will be thoroughly investigated. In case of the slightest suspicion, any related user will immediately and permanently be closed and the appropriate authorities may be contacted.

Any user found to have uploaded or provided content featuring a minor will be subject to sanctions, which may include legal sanctions for criminal conduct. We will cooperate with law-enforcement agencies and organizations in any matter involving child pornography.

17. COMPLAINTS

Any complaint regarding the Service or the Website must be placed, within 24 hours counted from the occurrence. All complaints should be addressed to our Customer Service. Given the complexity and particularities of the procedure to determine the righteousness of any complaints placed after the 24 hour period, such tardy complaints will only be acknowledged in cases of force majeure.

18. PREVAILING LANGUAGE

The English version of these Terms and Conditions will prevail over any translated versions. RefacePorn.com does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.

19. ASSIGNMENT

You are not entitled to transfer or assign any of your rights and obligations under these Terms and Conditions, including your username and password, to another person without our prior written consent. We may transfer or assign our rights and obligations under these Terms and Conditions, without limitation.

20. INDEMNITY

To the fullest extent permitted by law, you will indemnify and hold us harmless from and against all losses, damages, liabilities, fees, fines, penalties, costs and expenses in connection with any claims, lawsuits, actions, proceedings, motions, investigations or suits arising out of:

(a) your recklessness, gross negligence, or willful misconduct,

(b) your misrepresentation or breach of any warranty provided under these Terms and Conditions,

(c) your failure to comply with any provision of these Terms and Conditions, applicable laws, orders or regulations and/or

(d) your usage of the Website, the Service, the Videos or any information available on the Website.

21. EQUITABLE RELIEF

If you violate these Terms and Conditions, we reserve the right to seek injunctive relief or other equitable relief available to us by law.

22. ACCOUNT DISPUTES

You may not request access to or information about a user account that is not yours. Any account-related disputes will be resolved directly with the other party. We decide who owns a user account based on a number of factors, including the content in that account, and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we will require you to resolve the matter through proper channels outside of the Website.

When a dispute is identified, we may suspend any user account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

23. REFUNDS

If you purchased a Video, and such Video was not able to be redeemed because there was an error with the Website, we will refund you the cost of such unused Video. Please email us at [email protected] if such is the case.

Please note that we do not offer refunds in other circumstances. All purchases made on or via the Website are final and may not be refunded. Notwithstanding the foregoing, we may award a refund under exceptional circumstances. Any refunds awarded will be at our sole discretion. We will not be under any obligation to issue a refund under any circumstances. Any past refund will not entitle you to subsequent or future refunds.

If you are not happy with the Service or the quality and wish to request a refund, please send us an email to support your claim at [email protected]. We will investigate all refund requests received within 30 days. If the request is founded and legitimate, we will refund the amount paid. Refunds may be provided as coupons usable on the Website or to the original payment method used to purchase.

24. PROPRIETARY RIGHTS OWNED BY US

Trademarks, logos and intellectual property relating to us and the Website are proprietary to us. Our trademarks and logos may not be reproduced or shared without our explicit prior written consent.

All Videos published or available on the Website constitute our sole property, and are protected by intellectual property laws. You may only stream Videos that have been purchased in accordance with the terms hereof. Any download or other usage of the Videos is prohibited and will give rise to sanctions imposed by law or in place by us. Such recourses may be cumulative.

25. PROPRIETARY RIGHTS OWNED BY YOU

You represent and warrant that you either own or have permission to use all of the images you upload to the Website (including consent of any individuals who appear in any images or videos that you upload). You retain ownership of the images that you upload to the Website. We may use or disclose your images only as described in these Terms and Conditions, and in our Privacy Policy.

26. COPYRIGHT POLICY

The Website’s trademarks and logos are protected by copyright laws. You may not use such trademarks and logos for any purpose other than to benefit from the Service offered on the Website in strict compliance with the terms set forth herein. We take the protection of our copyright very seriously. If we discover that you have used our copyrighted materials in contravention of any licence set out in these Terms and Conditions, we may institute legal proceedings against you, seeking monetary damages and/or an injunction to stop you using such copyrighted materials. We further reserve the right to claim the payment of our legal costs and attorney fees.

27. INTELLECTUAL PROPERTY

We, together with our licensors, own and control all the copyright and other intellectual property rights of the content and material on the Website. All the copyrights and other intellectual property rights in the Website and the material on the Website are reserved.

You may only use the Website for your own personal use, and not for any other purposes. Except as expressly permitted in these Terms and Conditions, you must not edit or otherwise modify any material or content on the Website.

Unless you have obtained our prior written consent, you may not republish material from the Website. You must not: (a) sell, rent or sub-license material from the Website; (b) show any material from the Website in public; (c) exploit material from the Website for a commercial purpose; or (d) redistribute material from the Website, save to the extent expressly permitted by these Terms and Conditions.

You must not, under any circumstances, remove, or hide, or alter the prominance or visibility the ”RefacePorn” watermark or any other watermark that appears on the images or Videos generated by the Service. This is necessary in order to allow us to determine if any images and Videos are fake.

28. FORCE MAJEURE

We decline responsibility for any failure to perform our obligations due to a Force Majeure event. During a Force Majeure event, our obligations under these Terms and Conditions will be suspended, and will resume upon the completion of the Force Majeure.

If the Force Majeure lasts longer than thirty (30) days, our obligations under these Terms and Conditions may be permanently terminated or altered, as determined by us depending on the severity of the Force Majeure.

29. NO WAIVERS

No waiver of any of the provisions of these Terms and Conditions will constitute a waiver of any other provision (whether or not similar) nor will such waiver constitute a continuing waiver unless otherwise expressly provided.

30. LINKS TO THIRD PARTY SERVICES

The Website may contain links to third party websites or other services (the “Links”). The Links are not under our control. We are not responsible for the Links. We are providing Links to you only as a convenience, and the inclusion of such Links is not an endorsement by us of such Links. If you decide to access any Links, you understand you will be doing so at your own risk.

31. GOVERNING LAW

These Terms and Conditions will be governed by and interpreted and construed in accordance with the laws of Hungary (excluding any conflict of laws rule).

32. DISPUTE RESOLUTON

All disputes arising out of or relating to these Terms and Conditions (each, a “Dispute”) will be handled as follows.

Prior to undertaking any legal or arbitration proceedings, you will make reasonable efforts to resolve the Dispute amicably.

If the Dispute cannot be resolved amicably within thirty (30) days, the unresolved Dispute will be referred to and finally resolved by binding arbitration. The Dispute will then be handled through arbitration administered in accordance with the standards set forth by the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The number of arbitrators will be one (1). The arbitrator will benefit from the authority to resolve the Dispute.

Any claim or Dispute relating to these Terms and Conditions, the Website or the Videos must be introduced within one (1) year of the event giving rise to the claim. Any claim or Dispute introduced after the one (1) year delay will be barred.

33. QUESTIONS AND COMMENTS

We invite you to send questions and comments regarding the Website or these Terms and Conditions to us. Any such questions and comments may be sent by email or via the Website. We undertake to respond to your questions in a timely manner.