Terms of Service

Introduction

Please read these Terms of Service carefully before using eporner.com.

These Terms of Service (the “Terms” or “TAC”) govern your access to and use of eporner.com, its related pages, features, interfaces and services covered by these Terms (collectively, the “Website” or the “Service”). They form a binding agreement between you and the Service Provider identified below.

In these Terms, “Eporner,” “we,” “us” and “our” refer to the Service Provider. “You” and “your” refer to the person using the Website and, where applicable, the entity that person validly represents. “Content” includes all text, images, photographs, audio, video, software, data, metadata and other material available through the Website.

By visiting, accessing, registering with or otherwise using the Website, you confirm that you understand and accept these Terms. If you do not accept them, you must not use the Website.

0A. Service Provider and Legal Contacts

0A.1. The Website and the services made available through it are provided and operated by MW MEDIA (the “Operator”). Correspondence relating to the Website, the services, or these Terms may be addressed as follows: MW Media 64/607 Hoi Yuen Road, Yen Sheng Centre KWUN TONG, KOWLOON - HONG KONG Email: contact@eporner.com

0A.2. General support requests may be submitted through the Contact / Support page or by email to contact@eporner.com.

0A.3. Communications from EU and Member State authorities concerning Regulation (EU) 2022/2065 may be sent to dsa@eporner.com. Polish and English are accepted for that communication.

0A.4. DMCA Copyright notices may be submitted through the Copyright Claims page or to dmca@eporner.com.

0A.5. Competent authorities may send non-DSA legal requests to contact@eporner.com. The dedicated Article 11 DSA channel is stated in Clause 0A.3.

0A.6. Any address outside Poland shown elsewhere in the Service is an administrative or correspondence address only. It does not replace the Service Provider’s registered office or change the identity of the contracting party.

0A.7. Where another provision of these Terms conflicts with a provision that expressly preserves mandatory rights or implements mandatory law, the latter provision controls to the extent of the conflict.

0A.8. The National Broadcasting Council of Poland (Krajowa Rada Radiofonii i Telewizji, “KRRiT”, gov.pl/web/krrit) is the authority competent for matters concerning Polish video-sharing platforms.

0A.9. Contact channels are provided for the purposes described in these Terms. Submitting a message does not by itself entitle the sender to an individual response, except where a response is required by applicable law, including under Sections 0B.8, 10.4, 10.5, 10.6 and 10B.5.

0B. Electronic Services and Complaints

0B.1. Depending on the features made available, the Website provides electronic services consisting of: browsing, searching and streaming adult videos, images and related information; registration and maintenance of a user account; saving preferences, favourites and playlists; uploading, hosting and publishing User Submissions; comments, profiles and community functions; content-reporting and complaint tools; the Embeddable Player and API functions; and CPP functions for admitted partners. A feature may vary by account, device, location, legal requirement and technical availability.

0B.2. Use requires an internet-connected device, sufficient connectivity for the selected Content, and a current browser supporting HTML5, TLS and JavaScript. Technically necessary cookies or local storage may be required for particular functions. An active email address is required for account functions that use email communication. The user is responsible for keeping the device, browser and security software reasonably current.

0B.3. Use of an internet service involves risks including unauthorized access to an account, malicious links or files, third-party tracking and loss of data. Users should use a unique password, protect access credentials, verify links before opening them and keep their device and software protected. Information about software, cookies and other data used by the Website is provided in the Privacy Notice and any cookie notice displayed through the Service.

0B.4. A contract for an unregistered electronic service is concluded when the user starts using that service and ends when the user stops using it. A contract for registered functions is concluded when registration is completed and these Terms are accepted. A contract for an optional function is concluded when the user activates or uses that function.

0B.5. A user may stop using an unregistered service at any time. A registered user may request account deletion through an account tool made available for that purpose or through the Contact / Support page. Ending a service does not require deletion of information that we must or may retain under applicable law, including Section 10B.7.

0B.6. Users must not provide unlawful content. The detailed prohibitions and moderation rules appear below in this document.

Complaints about electronic services

0B.7. A complaint concerning the functioning or provision of an electronic service may be submitted through the Contact / Support page or to contact@eporner.com. No special form is required. So far as available, the complaint should identify the account or service, describe the issue and relevant date, and state the requested resolution. We may request information reasonably necessary to identify and examine it.

0B.8. We respond within the period required by applicable law. Where Article 7a of the Polish Consumer Rights Act applies, a consumer complaint is answered within fourteen (14) days of receipt on paper or another durable medium. A shorter mandatory period for a specific report, including Section 10B.5, takes precedence.

0B.9. These Terms are made available free of charge before a contract is concluded and in a form that permits them to be obtained, reproduced and stored.

1. Eligibility

1.1. You may use the Website only if you are at least eighteen (18) years old. If the age of legal majority in your jurisdiction is higher than eighteen, you must have reached that higher age.

1.2. You must not use the Website where access to or use of the Website is prohibited by applicable law.

1A. Age Assurance and Access Control

1A.1. Where required by applicable law or reasonably necessary to protect minors, we may require you to complete an age-assurance or age-verification measure before accessing all or part of the Service.

1A.2. You must not circumvent, interfere with, transfer or fraudulently complete an age-assurance measure. You must not use another person’s identity document, image, account, verification result or verified session, or assist another person in doing so.

1A.3. We may refuse, restrict or suspend access where a required measure has not been completed or where there is a reasonable suspicion of fraud, circumvention or use by a minor.

1A.4. Information about personal data processed for age assurance is provided in our Privacy Notice or in a notice displayed before the relevant measure begins.

1A.5. We select, and may change, the method, technology, provider, scope and frequency of age assurance, and may require renewed or additional verification at any time, including on a periodic, random or risk basis. A completed or positive verification does not create an unconditional right of access and may be re-examined.

2. Grant of Use

2.1. Subject to these Terms, we grant you a limited, non-exclusive and non-transferable permission to access, privately display and use the Website and its Content on your computer or mobile device.

2.2. Subject to Sections 2A and 10 and to applicable law, we may withdraw that permission at our discretion, for any reason, with or without advance notice. Following withdrawal, we may delete or deactivate your account, block your email address or IP address, prevent further access, and remove or delete associated User Submissions.

2.3. Once your permission to use the Website has ended, you must not use or attempt to use the Website again.

2.4. Termination ends the permission granted by this Section. Provisions intended by their nature to survive termination remain effective, including Sections 3, 4.6, 4.7, 4.11, 12, 13, 13A, 14, 15 and this Section 2.4.

2.5. The Website and its features are provided as available. You do not acquire a right to any particular feature, functionality, publication or placement of Content, level of support, uninterrupted availability, or availability on a particular device, network, territory or language version. Subject to Sections 2A, 10 and 11 and to applicable law, we may add, modify, restrict, suspend or withdraw features in whole or in part. You bear your own costs of devices, connectivity, software and of safeguarding your account and credentials.

2.6. The Website is not an archiving, backup or storage service. You are responsible for keeping your own copies of material you wish to retain. Subject to mandatory retention duties (including Section 10B.7) and applicable law, we do not guarantee that Content, accounts, messages, playlists, favourites or metadata will be retained, remain available or be recoverable.

2A. Mandatory Limits on Restrictions and Termination

2A.1. We will not restrict or terminate access in a manner contrary to mandatory applicable law.

2A.2. Where applicable law requires reasons, advance notice, a warning, a complaint procedure or another means of redress, we will provide it only to the extent and within the time required by that law.

2A.3. We may take an immediate, temporary or protective measure where reasonably necessary in connection with suspected illegal content, child sexual exploitation, non-consensual intimate content, trafficking or coercion, a threat to life or safety, a security incident, fraud, circumvention of age assurance, a serious or repeated breach, or a binding order from a competent authority.

2A.4. After an immediate measure, we will provide reasons and redress information only where and when required by applicable law.

3. Intellectual Property

3.1. Except for User Submissions and Third-Party Content, the Website’s text, graphics, images, photographs, music, videos, software, scripts, trademarks, service marks, logos and other materials (collectively, “Proprietary Materials”) are owned by or licensed to us.

3.2. Proprietary Materials are protected by applicable copyright, trademark and other domestic, foreign and international laws. We reserve all rights in them.

3.3. Unless expressly permitted by these Terms or by separate written authorization, you must not copy, modify, publish, transmit, distribute, transfer, sell, create derivative works from or otherwise exploit any Content, in whole or in part.

3.4. Text and data mining reservation. To the maximum extent permitted by applicable law, including Article 4(3) of Directive (EU) 2019/790 and its national implementations, we and the applicable rightholders expressly reserve all rights in the Website and its Content for the purposes of text and data mining, machine learning and the training, development, testing or improvement of artificial-intelligence models or systems. Automated or manual extraction, scraping, harvesting, downloading or reproduction of Content or data for those purposes is prohibited without our prior written consent. Where the Website communicates this reservation through technical measures or metadata, it is also expressed by machine-readable means.

4. User Submissions

4.1. “User Submissions” means all material you upload, submit, transmit, publish or otherwise make available through the Website, including videos, images, communications, comments and profile information.

4.2. You are fully responsible for your User Submissions and the consequences of making them available. It may not always be possible to withdraw a User Submission after it has been provided, subject to mandatory law and the removal procedures in these Terms. Information disclosed in a User Submission may identify you, and we do not promise that User Submissions will remain confidential.

4.3. For every User Submission, you represent and warrant — on a continuing basis, repeated each time you upload and throughout the entire period the material remains available through the Service — that:

1. you own or hold all licences, permissions, rights and consents required to submit the material and authorize every use contemplated by the Website and these Terms;
2. the material does not depict any person below eighteen (18) years of age, and you have inspected and retain written age records satisfying 18 U.S.C. § 2257 standards and any analogous or otherwise applicable requirements, whether or not United States law applies directly to you or us;
3. you have obtained a written consent, release or other legally sufficient authorization from every identifiable person shown in the material, permitting the uses contemplated by the Website and these Terms; and
4. you authorize publication of the material on platforms cooperating with or directly or indirectly associated with eporner.com, subject to applicable law and the rights of depicted persons.

4.4. You must not submit material that:

1. infringes or is subject to another person’s copyright, trademark, trade-secret, privacy, publicity or other proprietary right unless you own that right or have express authority to submit the material and grant the licences stated here;
2. is illegal, unlawful, defamatory, fraudulent, harmful, harassing, abusive, threatening, invasive of privacy or publicity, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate under these Terms;
3. depicts illegal activity, promotes or depicts physical harm against a person or group, or promotes or depicts cruelty to animals;
4. impersonates a person or entity, creates a false identity or otherwise misrepresents who you are;
5. constitutes, encourages or instructs another person to commit an offence, violates another person’s rights, creates legal liability, or violates applicable law; or
6. consists of unauthorized or unsolicited advertising, promotions, spam or another form of solicitation.

4.5. We do not claim ownership of User Submissions. You or the applicable licensor retain copyright in them and remain responsible for protecting those rights.

4.6. By submitting material, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable licence, sublicensable through multiple tiers, to host, store, reproduce, publicly perform, publicly display, communicate to the public, distribute, adapt, modify, publish, translate, excerpt, create derivative works from, and otherwise use or exploit that material, in whole or in part, on all fields of exploitation known at the time of submission and, to the maximum extent permitted by applicable law, in any media, format or technology later developed, for any purpose, including operating, providing, developing, securing, promoting, marketing and advertising the Website and platforms cooperating or associated with it, and generating revenue in connection with the material, including through advertising presented before, during, after or alongside it. This licence survives termination of your account or of these Terms; where mandatory law nevertheless permits termination of the licence, it remains effective for the maximum scope and period that law allows.

4.7. You also grant Website users permission to display, stream and download your User Submissions in connection with their use of the Website and for other personal purposes. To the maximum extent legally possible, you waive, and agree to procure the waiver of, moral-right, attribution and integrity claims against us, our successors, assignees, licensees and cooperating platforms, and against Website users, in relation to those submissions. Where such rights cannot validly be waived, you undertake not to exercise them against those persons, and you consent to use without attribution and to modifications contemplated by these Terms, including measures under Section 4E.

4.8. You confirm that you possess all authority necessary to grant these rights and that uploading the material does not infringe another person’s rights or breach your contractual obligations.

4.9. Subject to Sections 2A and 10 and applicable law, we may refuse to publish, remove or block access to a User Submission at our discretion, with or without advance notice.

4.10. Without limiting Section 12, if a third party alleges that your User Submission or unlawful use of the Website infringes its intellectual-property rights or violates applicable law, you agree, to the extent legally permitted, to defend and indemnify us against resulting claims, damages, reasonable legal fees and other costs.

4.11. Unless a separate written agreement (including a Content Partner Agreement) expressly provides otherwise, you are not entitled to any remuneration, revenue share or other compensation for User Submissions or for their use under these Terms, including where we present advertising with, or otherwise generate revenue in connection with, User Submissions.

4A. Uploader Verification

4A.1. Uploading is a conditional privilege, not an unconditional right.

4A.2. As a condition of uploading or continuing to upload, we may require confirmation of your identity, age, authority, business status or rights in submitted content. Verification may take place before publication or afterwards and may be repeated on a periodic, random or risk basis. We may set a reasonable deadline for providing required confirmations or documents and may reject, quarantine, restrict or remove material where sufficient evidence is not provided within that deadline.

4A.3. Verification information must be true, current and authentic. False, altered, stolen or misleading documents or verification materials are prohibited. You must not permit another person to upload through your verified account or upload for an undisclosed person or entity.

4A.4. Failure or refusal to complete a required verification may result in rejection of material, restriction of uploading privileges or suspension of the account, subject to notices and redress required by law.

4A.5. Verification does not transfer responsibility for a User Submission to us and does not constitute our endorsement of an uploader or the submitted material.

4B. Performer Age, Identity and Consent

4B.1. Before submitting sexually explicit material and throughout the period in which it remains available through the Service, the uploader must obtain and securely retain reliable records sufficient to establish, for every depicted person:

1. the person’s identity and date of birth;
2. that the person was at least eighteen (18) years old when the material was created;
3. the person’s informed, specific and voluntary consent to every depicted sexual act;
4. the person’s informed, specific and voluntary consent to being photographed or recorded;
5. authorization for the upload, publication and distribution of the material to the extent represented by the uploader; and
6. the uploader’s rights and authority to submit the material and grant the licences stated in these Terms.

4B.2. Consent is not valid for the purposes of these Terms if obtained through force, threats, deception, coercion, trafficking, abuse of power or vulnerability, intoxication, unconsciousness, incapacity, or another circumstance preventing a free and informed decision.

4B.3. On request, the uploader must provide appropriate records through a secure method specified by us and within a reasonable period set by us. Identity and consent records must not be published as part of a User Submission.

4B.4. If an uploader learns that an age, identity or consent representation was false, or that a depicted person disputes participation, recording or publication, the uploader must stop further distribution, notify us and cooperate with a review.

4B.5. Material removed or restricted following such a review must not be uploaded again.

4B.6. No licence granted by an uploader authorizes the use of another person’s likeness or intimate material without legally valid consent or limits the mandatory rights of a depicted person.

4C. CSAM, Non-Consensual Content and Trafficking

4C.1. You must not upload, request, distribute, link to, advertise, promote or otherwise make available:

1. child sexual abuse material or child sexual exploitation material, including material that depicts, appears to depict or realistically represents a person below eighteen engaged in actual or simulated sexually explicit conduct, or depicts that person’s sexual organs primarily for sexual purposes;
2. realistic AI-generated, computer-generated, morphed, manipulated or synthetic sexual material depicting a child or a person presented as below eighteen;
3. material, titles, tags, descriptions, comments or communications that groom, recruit, sexually exploit, sexualize, threaten or extort a child, facilitate sexual access to a child, or promote sextortion or child trafficking;
4. intimate material created, obtained or distributed without the legally valid consent of every identifiable person, including hidden-camera, voyeuristic, hacked, stolen, coerced or unlawfully disclosed material;
5. actual sexual activity involving a person who is asleep, unconscious, incapable of consenting, seriously intoxicated or otherwise unable to give informed consent;
6. manipulated or synthetic intimate material using an identifiable person’s face, body, likeness or voice without legally valid consent;
7. material resulting from trafficking, forced sexual activity, commercial sexual exploitation, coercion, deception, abuse of power or vulnerability, debt bondage or control by another person; or
8. content or communications that recruit, advertise, transport, transfer, harbour, receive, sell, buy, control or otherwise facilitate sexual exploitation or trafficking.

4C.2. A title, disclaimer or description stating that material is fictional, simulated or “role-play” does not cure the absence of reliable evidence of age, identity and consent.

4C.3. Simulated content may be rejected where the evidence or context does not resolve a reasonable doubt concerning age, consent, exploitation or legality.

4C.4. These prohibitions apply regardless of where the material was created and whether the uploader received payment.

4C.5. We may apply safety standards stricter than the minimum required to establish criminal or civil liability. A reasonable suspicion is a sufficient basis for a measure under these Terms; a conviction, indictment or final determination by an authority is not required.

4C.6. Where the age of a depicted or participating person cannot be established to our satisfaction, we may treat that person as a minor, and treat the material accordingly, until satisfactory verification is provided.

4D. AI-Generated, Synthetic and Manipulated Content

4D.1. The uploader must clearly disclose that content was generated or materially manipulated using artificial intelligence wherever applicable law requires disclosure and, in any event, wherever the content could mislead a viewer as to its authenticity or as to the participation, conduct or identity of a depicted person. This duty applies regardless of whether the Service provides a dedicated labelling tool; where no tool is available, the disclosure must be made in the title or description. The uploader must not remove, conceal or falsify provenance information or content labels.

4D.2. We may add, correct, preserve or display a label identifying content as artificial or manipulated, and may restrict or remove content that is unlabelled or mislabelled. You must not remove or circumvent a label applied by the Service.

4D.3. Disclosure does not make illegal, non-consensual or otherwise prohibited content permissible.

4E. Moderation and Safety Measures

4E.1. We may use automated or human moderation, content matching and other proportionate safety measures before or after publication.

4E.2. Where permitted by law, we may retain limited, non-public identifiers of removed or restricted content where reasonably necessary to prevent repeated abuse, protect users, comply with law, or establish, exercise or defend legal claims.

4E.3. You must not crop, mirror, re-encode, rename, mark or otherwise alter material for the purpose of avoiding detection, review, a removal decision or a re-upload restriction.

4E.4. Unless mandatory law provides otherwise, these Terms do not require us to monitor every item of information, use any particular technology, repeatedly re-verify users at fixed intervals, perform reviews at a specified frequency, maintain a particular staffing level, or meet contractual response times. This does not limit obligations arising from a valid order, a legally sufficient notice or actual awareness of illegal content.

4E.5. Grounds. We may act under this Section where we identify, or have a reasonable suspicion of, any of the following: illegal content or conduct; a breach of these Terms; missing, insufficient, unsatisfactory or unverifiable records, documents or verification; legal, regulatory or safety risk; fraud, malware, spam or other abuse; circumvention or attempted circumvention of age assurance, access controls, blocks or other restrictions; false, misleading or manipulated metadata, titles, tags, descriptions, thumbnails or labels; or a threat to the security, integrity or operation of the Service, its users or third-party services. Sections 2A and 10 apply.

4E.6. Measures. Available measures include, without limitation: refusing, delaying or quarantining publication; removing or disabling access to material; delisting, demotion or reduced visibility; geographic, age or feature restrictions; restricting, suspending or terminating monetisation, embedding, API access, downloading or commenting; changing or removing a title, tag, category, description, thumbnail or label; hashing or fingerprinting material and blocking re-uploads; preserving evidence where permitted by law; warning, restricting, suspending or terminating an account; and preventing or restricting re-registration or other circumvention of a restriction, including through associated accounts.

4E.7. Application. Measures may be applied individually or in combination, temporarily or indefinitely, and globally or for particular territories, features, accounts or items of information, in the manner described in Section 10.3. Lodging a complaint or appeal does not automatically suspend a measure. Where Article 17 DSA applies, Section 10.5 governs statements of reasons.

4E.8. Voluntary measures. Voluntary monitoring, detection, matching, investigation or human review of particular material does not create an obligation to monitor generally, to review other material, to continue using the same measure or technology, or to achieve a particular detection rate. This clause is applied consistently with Articles 7 and 8 DSA and Section 10.3.

4F. Safety Reports and Preservation

4F.1. Suspected child sexual abuse or exploitation may be reported without providing the reporter’s name or contact details through the illegal-content reporting channel or by email to contact@eporner.com.

4F.2. A depicted person or an authorized representative may report non-consensual publication, disputed consent or trafficking-related material through the Content Removal or the illegal-content reporting channel.

4F.3. A CSAM report should identify the relevant URL, username or other location information. A reporter must not download, copy, forward or attach suspected CSAM solely for reporting purposes.

4F.4. We may temporarily restrict content or an account and preserve limited related information where reasonably necessary and legally permitted to assess a report, prevent further harm, comply with law or protect legal claims.

4F.5. We notify competent authorities only where and to the extent required by Article 18 DSA or other applicable law, and we comply with valid orders from competent authorities.

4G. Commercial Users and Content Partner Program

4G.1. Participation in the Eporner Content Partner Program (“CPP”) may be governed by a separate Content Partner Agreement. That agreement supplements these Terms and controls only for CPP-specific matters, including verification, reporting, remuneration, payments, taxes and partner rights and obligations.

4G.2. Mandatory law prevails over both documents.

4G.3. Detailed terms governing a commercial relationship, including restriction, suspension or termination, contractual changes, complaint handling, data access and settlement, are addressed in the Content Partner Agreement only to the extent required by law or by the adopted CPP model.

5. Content on the Website

5.1. The Website may expose you to material supplied by other users or made available through automated or other processes (“Third-Party Content”). We do not control Third-Party Content and, subject to applicable law, are not responsible for it.

5.2. Third-Party Content may be inaccurate, offensive, indecent, objectionable or harmful to a device or computer system. To the maximum extent permitted by law, you waive claims against us arising solely from encountering such material.

5.3. We do not claim ownership of Third-Party Content. The applicable third parties retain their rights and remain responsible for protecting them.

5.4. Subject to Sections 4E and 10, we do not undertake generally to monitor the Website for inappropriate content or conduct. Choosing to moderate particular content does not make us responsible for all content, require us to alter or remove every item, or make us responsible for the conduct of the person who supplied it.

5.5. Content is provided on an “as is” basis for information and personal use. Without prior written permission from the applicable owner or licensor, you must not use, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit it for another purpose.

5.6. Subject to Sections 2A and 10 and applicable law, we may refuse to publish, remove or block access to Content at our discretion, with or without advance notice.

6. User Conduct

6.1. You represent that the information and Content you provide is accurate and current and that you have the rights, authority and capacity necessary to accept these Terms, provide User Submissions and perform your obligations.

6.2. As a condition of using the Website, you agree that you will not:

1. use the Website for an unlawful purpose or in a way prohibited by these Terms;
2. violate applicable local, national or international law;
3. use the Website in a way that exposes us to civil or criminal liability;
4. deny responsibility for acts or omissions arising from your use of the Website;
5. provide a User Submission that does not belong to you or that you lack authority to provide;
6. fail to keep your password secure or permit unauthorized use of your account;
7. access or attempt to access another person’s account without authorization;
8. use robots, crawlers, scrapers, data-mining tools or other automated means to access, download, monitor, extract or use Website data or Content, or use any Website data or Content to train, develop, test or improve a machine-learning or artificial-intelligence model or system, without our written permission;
9. collect usernames or email addresses for unsolicited communications;
10. place an unreasonable or disproportionately large load on our technical infrastructure or otherwise make excessive demands on it;
11. stalk or harass another person through the Website;
12. forge headers or manipulate identifiers to conceal the source of information you transmit;
13. disable, circumvent or interfere with security functions, Content-use restrictions, age assurance, uploader verification or other limitations imposed by the Website;
14. make available viruses or code, files or programs intended to interrupt, destroy, restrict or monitor software, hardware or telecommunications equipment;
15. license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or otherwise make the Website or its Content available to another person;
16. frame or mirror the Website; or
17. reverse-engineer any part of the Website.

6.3. We may take appropriate action against unauthorized use, including restricting access and seeking civil, criminal or injunctive remedies. Unauthorized use may violate these Terms and applicable law.

7. Embeddable Player

7.1. We may choose to provide an embeddable media player (“Embeddable Player”). If made available, it may be used only in accordance with these Terms. Permission to use the Embeddable Player is conditional and revocable at any time, in whole or in part.

7.2. You may place the Embeddable Player only on your own personal, non-commercial website to access material hosted on the Website. Every page containing the Embeddable Player must display a prominent link back to eporner.com.

7.3. You must not modify, extend, obscure or build upon any part of the Embeddable Player.

7.4. We may condition, restrict or manage embedding by technical or contractual means, including domain allow-lists or deny-lists, tokens, referrer checks, device, network or territorial restrictions and volume limits. We may modify, update, suspend or discontinue the Embeddable Player at any time and provide no service level for it. The Embeddable Player may include advertising, branding, labels and notices served by us; you must not remove, obscure or interfere with them.

7A. Embeddable Player Safety

7A.1. The Embeddable Player must not be used to circumvent age assurance or a geographical, legal, security or access restriction applied by the Service.

7A.2. A person embedding adult content is responsible for ensuring that its own website or service complies with applicable age and child-protection requirements.

7A.3. You must not remove or obscure age, safety, copyright, AI or advertising labels; modify the player to evade an access control; cache or directly serve restricted video files outside the player; misrepresent the source of Content; or use the player on a service directed to minors.

7A.4. We may disable embedding for particular material, a domain, territory or user where reasonably necessary for legal, safety, copyright or cybersecurity reasons.

8. Privacy and Cookies

8.1. Our processing of personal data is described in the Privacy Notice and 2257 Statement. Cookies, local storage and similar technologies are addressed in that notice and any separate cookie notice displayed through the Service.

8.2. Accepting these Terms confirms that the Privacy Notice has been made available to you. It does not itself constitute consent to personal-data processing or non-essential cookies where applicable law requires separate consent.

8.3. Where processing is based on consent, consent will be requested separately through an affirmative and distinguishable action. It may be withdrawn as easily as it was given, without affecting the lawfulness of processing before withdrawal.

8.4. The Privacy Notice may be updated to reflect changes in processing, law or technology. Where required by law, we will provide an appropriate notice or request consent again. An update does not retroactively create a new contractual obligation or legal basis for processing.

8.5. Personal data of users who are minors, where collected or generated through measures applied under statutory requirements to protect minors, will not be processed for commercial purposes, including direct marketing, profiling or behaviourally targeted advertising. This clause states the statutory prohibition and does not extend it beyond its mandatory scope.

9. Copyright Claims

9.1. You must respect the intellectual-property rights of others. We may remove Content that we reasonably believe infringes copyright, trademark or another proprietary right and, subject to applicable law, may restrict a user who submits infringing Content.

9.2. Subject to Sections 9A and 10, we may restrict, suspend or terminate the permission of a user who, in our reasonable assessment, repeatedly infringes, or is repeatedly the subject of good-faith allegations of infringing, intellectual-property rights. We are not required to apply a fixed number of complaints or a fixed reference period. A disputed or facially incomplete complaint is not automatically treated as a proven infringement.

9.3. Voluntary DMCA procedure

Although we state that we are not subject to United States law, we voluntarily accept notices and counter-notices modelled on the Digital Millennium Copyright Act.

A notice unrelated to the Website or legally ineffective may receive no response or action. A qualifying notice should be in writing and include substantially:

1. identification of the copyrighted work claimed to have been infringed, preferably with a copy or URL showing an authorized version;
2. identification and location of the allegedly infringing material, including a URL or other information sufficient to locate it;
3. the claimant’s address and telephone number and, where available, email address;
4. a statement of good-faith belief that the disputed use was not authorized by the copyright owner, its agent or the law;
5. confirmation that the notice is accurate and, under penalty of perjury, that the claimant owns the relevant right or is authorized to act for its owner; and
6. the physical or electronic signature of the copyright owner or authorized representative.

9.4. Counter-notification

If your User Submission is removed following a copyright notice, you may send a written counter-notification to the agent above. It should substantially include:

1. your physical or electronic signature;
2. identification of the removed or disabled material and its former location;
3. a statement under penalty of perjury that you believe in good faith that removal or disabling resulted from a mistake or incorrect identification;
4. your name, physical address, telephone number and email address, together with the jurisdictional consent required for the voluntary DMCA procedure; and
5. confirmation that you will accept service of legal process from the claimant or its agent.

9.5. A counter-notice may contain personal data that must be shared with the original claimant or its representative to operate the procedure. Relevant processing is described in the Privacy Notice. Knowingly false notices or counter-notices may result in account restrictions and legal liability.

9.6. We may require reasonable evidence of rights and authority, including chain-of-title documentation, licences, powers of attorney, reference files and identification of the claimant or its representative. We may use hashing, fingerprinting or other matching technology and may block or restrict re-uploads of removed material; we do not warrant the use of any particular technology or complete effectiveness.

9.7. Receipt of a counter-notification does not automatically result in reinstatement. Material may remain removed or restricted where an independent legal, safety, verification or Terms-based ground exists or where reinstatement is not required by applicable law. Operation of the voluntary procedure in Section 9.3 does not constitute a choice of United States law or a submission by us to United States jurisdiction. Section 9.5 applies to knowingly false notices and counter-notices.

9A. European Copyright Notices

9A.1. The DMCA procedure in Section 9 is an additional voluntary procedure primarily intended for notices under United States law. It is not the exclusive method of reporting copyright infringement and does not limit rights available under EU or national law.

9A.2. A European notice does not need to contain a United States perjury statement, consent to United States jurisdiction or another formality applicable only to the DMCA.

9A.3. Copyright notices are processed under the law applicable to the notice. Where applicable law requires a means of redress, the user may use the common appeal channel identified in Section 10.6.

9A.4. A complaint will not be decided solely by automated means where applicable law requires human review. An automated match does not by itself establish that a use is unlawful.

9A.5. Nothing in this Section creates a general obligation to monitor all information submitted to or stored by the Service.

10. Digital Services Act and Content Moderation

10.1. Scope and priority

For recipients of the Service in the European Union, this Section supplements these Terms to the extent that Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”) applies.

If this Section conflicts with Sections 2, 4, 5, 6 or 9, this Section prevails only to the extent necessary to comply with mandatory applicable law. References elsewhere to our sole discretion, action without notice or action without stating a reason do not limit an obligation imposed by the DSA or other mandatory law.

For this Section, “Illegal Content” has the meaning given in Article 3(h) DSA.

10.2. DSA contact points

The single point of contact for competent authorities of the European Union and its Member States under Article 11 DSA is dsa@eporner.com. Communications to this address may be submitted in Polish or English.

Recipients may contact us under Article 12 DSA at contact@eporner.com or through the Contact / Support page. These channels allow direct electronic communication and do not rely solely on automated tools.

10.3. Content moderation and restrictions

Where information or conduct is illegal, incompatible with these Terms, infringes another person’s rights, or threatens the security or integrity of the Website or its users, we may, as permitted by applicable law:

• refuse or delay publication;
• remove information or disable access to it;
• restrict its visibility, including by demotion, territorial restriction or age restriction;
• restrict, suspend or terminate monetisation or payments;
• restrict or suspend access to all or part of the Service;
• suspend or terminate an account; or
• preserve relevant information where permitted or required by law.

Moderation may be based on user or third-party reports, information received from authorities, our own review, automated detection or content-matching tools, human review, or a combination of those methods. Automated tools may detect, identify, prioritise or restrict suspected violations. Human review may be used where appropriate or required by applicable law. The tools and methods used may change as the Website and relevant risks develop.

Except where mandatory law requires otherwise, these Terms do not require us to monitor every item of information, use any particular technology, perform continuous or periodic re-verification, review information at a fixed frequency, maintain any particular staffing level, or meet a contractual response time. We do not undertake a general obligation to monitor or actively seek facts or circumstances indicating illegal activity.

The preceding paragraph does not limit a specific obligation arising from applicable law, a valid order, a legally sufficient notice, or our acquisition of knowledge of specific Illegal Content.

When applying and enforcing restrictions concerning information supplied by recipients, we act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including applicable fundamental rights.

10.4. Notices of Illegal Content

Any person or entity may notify us of specific information that they consider to be Illegal Content by using the mechanism described on our EU DSA page or by contacting contact@eporner.com.

A notice should contain:

1. a sufficiently substantiated explanation of why the information is alleged to be illegal;
2. the exact URL or URLs and, where necessary, additional information enabling us to identify it;
3. the notifier’s name and email address, except for notices concerning suspected offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and
4. a statement confirming the notifier’s good-faith belief that the information and allegations in the notice are accurate and complete.

A notifier is not required to identify a particular statutory provision if the facts supplied allow the alleged illegality to be assessed. Information about the relevant country or legal basis may be provided if known.

Do not download, reproduce, redistribute or attach suspected child sexual abuse material. Providing its exact electronic location is sufficient.

Where the notifier has provided electronic contact details, we send an acknowledgement of receipt without undue delay. We process notices and take decisions concerning them in a timely, diligent, objective and non-arbitrary manner.

We inform the notifier without undue delay of our decision concerning the reported information and the available means of redress where the DSA requires us to do so. If automated means were used to process the notice or make the decision, the notification includes the information required by Article 16 DSA.

10.5. Statements of reasons

Where Article 17 DSA applies and the relevant electronic contact details are known to us, we provide the affected recipient with a clear and specific statement of reasons no later than the date on which the relevant restriction is imposed.

This applies only to restrictions covered by Article 17(1) DSA that are imposed because information supplied by the recipient is considered to be Illegal Content or incompatible with these Terms. The statement contains the information required by Article 17(3) DSA and is presented in the manner required by Article 17(4) DSA.

A statement under Article 17 is not required where we do not know the recipient’s relevant electronic contact details, where the information constitutes deceptive high-volume commercial content within Article 17(2) DSA, or where the decision gives effect to an order referred to in Article 9 DSA. Separate statutory duties concerning such orders remain unaffected.

10.6. Internal complaints

For at least six months beginning on the date on which an eligible decision is communicated under Article 16(5) or Article 17 DSA, an affected recipient, including a person or entity whose notice was the subject of the decision, may lodge a complaint electronically and free of charge at dsa@eporner.com.

The internal complaint system covers:

• a decision taken following a notice submitted under Article 16 DSA;
• a decision whether or not to remove information, disable access to it or restrict its visibility;
• a decision whether or not to suspend or terminate all or part of the Service;
• a decision whether or not to suspend or terminate an account; and
• a decision whether or not to suspend, terminate or otherwise restrict the ability to monetise information,

where the decision was based on the conclusion that information supplied by a recipient constitutes Illegal Content or is incompatible with these Terms.

A complaint should identify the decision or information concerned and provide a sufficiently precise and substantiated explanation of why the complainant considers the decision to be incorrect.

Complaints are handled in a timely, non-discriminatory, diligent and non-arbitrary manner. Decisions on complaints are taken under the supervision of appropriately qualified personnel and are not based solely on automated means.

Where a complaint provides sufficient grounds showing that the original decision was unfounded, that the information is not illegal or incompatible with these Terms, or that the complainant’s conduct did not justify the measure imposed, we reverse the decision without undue delay. We communicate a reasoned outcome and information about the available means of redress.

We may use one common electronic channel to process complaints arising under the DSA, copyright rules and other applicable laws, provided that the requirements applicable to each complaint are observed.

Duplicate or substantially identical notices or complaints concerning the same information and the same grounds may be consolidated and answered jointly. Where a complaint cannot be linked to an identifiable decision, account or item of information, we may request the missing details; if they are not provided within a reasonable period, the complaint may be closed. A complaint submitted after the end of the period stated in this Section, concerning a matter outside the scope of the internal complaint system, or repeating a complaint already decided on the same grounds, may be rejected on that basis. A manifestly unfounded complaint may be decided summarily and without extended analysis, in accordance with Article 20(4) DSA; suspension of the processing of complaints from a person occurs only under Section 10.9. Lodging a complaint does not suspend the contested measure unless we decide otherwise or mandatory law requires suspension.

10.7. Out-of-court dispute settlement

A recipient addressed by a decision covered by Article 20(1) DSA, including an eligible notifier, may select an out-of-court dispute settlement body certified under Article 21 DSA to resolve a dispute concerning that decision.

The European Commission’s current list of certified bodies is available on its DSA out-of-court dispute settlement page.

We engage in good faith with a properly selected certified body where Article 21 DSA requires us to do so. We may refuse to engage where the same dispute concerning the same information and the same grounds has already been resolved. A certified body’s decision is not binding on either party. Either party may seek judicial redress in accordance with applicable law.

10.8. Trusted flaggers

Notices submitted by entities formally awarded trusted-flagger status under Article 22 DSA are processed and decided upon with priority and without undue delay. Trusted-flagger status does not by itself determine the outcome of a notice.

10.9. Measures against misuse

After issuing a prior warning and following a case-by-case assessment, we suspend for a reasonable period:

1. the provision of services to a recipient who frequently provides manifestly Illegal Content; or
2. the processing of notices or complaints submitted through the mechanisms referred to in Articles 16 and 20 DSA by a person or entity that frequently submits notices or complaints that are manifestly unfounded.

For this purpose, content is “manifestly illegal”, or a notice or complaint is “manifestly unfounded”, where that conclusion is evident without a substantive legal or factual analysis. A disputed allegation is not treated automatically as a confirmed violation or misuse.

When assessing whether conduct is frequent and manifest, and when determining the duration of a suspension, we consider all relevant information reasonably available to us, including:

• the absolute number of items of manifestly Illegal Content or manifestly unfounded notices or complaints submitted within a given period;
• their proportion relative to all information, notices or complaints submitted by that person during the same period;
• the seriousness of the misuse, including the nature of the content and the actual or potential consequences;
• whether similar conduct continued after an earlier warning or restriction; and
• the person’s apparent intention, where it can reasonably be identified.

We do not use a single fixed numerical threshold. A shorter suspension may be appropriate for a lower-volume or lower-impact pattern, while repeated, deliberate, high-volume or seriously harmful misuse may justify a longer suspension. The scope and duration of any suspension are proportionate to the circumstances reasonably known to us.

Misuse may also occur through associated or successor accounts, automated tools or bots, coordinated or commissioned notices or complaints, circumvention of an existing restriction, registration through another person, or repeated submission of the same matter after a final decision. Conduct of that kind may be attributed to the person reasonably identified as directing or benefiting from it.

This misuse policy does not prevent separate and, where permitted by law, immediate action under another provision of these Terms, including in response to suspected child sexual abuse material, another serious offence, an urgent safety risk, account compromise, fraud, or a valid order from a competent authority.

10.10. Recommender systems

Information about the main parameters used by the Website’s recommender systems, the reasons for their relative importance, and the options available to recipients to modify or influence those parameters is provided in the Recommendations section of our EU DSA page. That information is incorporated into these Terms for the purposes of Article 27 DSA.

Recommendation parameters may differ between features such as “Best Videos”, “Related Videos” and personalised listings. Operation of a recommender system does not guarantee any particular placement, ranking, visibility, traffic or audience for Content.

10.11. Advertising and commercial communications

Unless expressly authorised by us, a recipient may not use the Website to publish advertising, promotional material, affiliate marketing, spam or another commercial communication.

Where publication of a commercial communication is permitted and we provide functionality for declaring that information is or contains a commercial communication, the uploader must use that functionality and provide complete, current and accurate information. The uploader must not conceal the commercial nature of the information or misidentify the person on whose behalf it is published or the person who paid for it.

Advertisements and permitted commercial communications presented through the Website include the labels and information required by Article 26 DSA, to the extent that Article applies.

We do not present advertisements based on profiling, as defined in Article 4(4) GDPR, using special categories of personal data referred to in Article 9(1) GDPR.

10.12. Statutory standards and changes

Expressions used in this Section such as “without undue delay”, “timely”, “reasonable period”, “diligent” and “proportionate” have the meaning given to them by applicable law. They do not establish a shorter fixed contractual deadline or service level. Any response-time estimate communicated through the Service or in correspondence is indicative only and does not create a contractual service level.

We inform recipients of significant changes to these Terms as required by Article 14(2) DSA or other mandatory applicable law.

Nothing in this Section expands an obligation beyond the scope in which it is imposed by mandatory applicable law.

10A. Valid Legal Requests and Preservation

10A.1. We may preserve, restrict, disclose or otherwise process Content and account information only where and to the extent required or permitted by applicable law, including in response to a valid order from a competent authority.

10A.2. Before acting on a request, we may verify its authenticity, the requesting authority’s competence, its legal basis, its territorial scope and its proportionality, may require use of a secure or designated channel, may seek clarification, and may challenge or decline a request that is invalid, excessive or defective, to the extent permitted by law. Disclosure is limited to data covered by the valid request.

10A.3. We do not disclose user information merely because a private person describes a request as official or makes an unsupported allegation.

10A.4. A competent authority may use contact@eporner.com for a non-DSA legal request. The Article 11 DSA channel is dsa@eporner.com.

10A.5. Where permitted by law, we may notify the user of a request or disclosure. Notice may be delayed or withheld where required by law or necessary to protect proceedings or a person’s safety.

10A.6. Where a legal basis exists, we may preserve and process relevant information also for security, fraud and abuse prevention, for the establishment, exercise or defence of legal claims, and to comply with a litigation or legal hold, in accordance with the Privacy Notice and applicable law.

10B. Polish Video-Sharing Platform Rules

10B.1. This Section contains the rules required for a video-sharing platform under Chapter 6b of the Polish Broadcasting Act. It applies in addition to the other content and moderation rules in these Terms.

10B.2. Age classification and protection of minors

Content must be classified in accordance with the Regulation of the National Broadcasting Council of 13 April 2022 on classification and marking of content on video-sharing platforms. Classification takes account of the presented view of the world, moral assessments, emotions evoked and behavioural models. The statutory categories are:

The complete binding classification criteria and official graphic models appear in Annexes 1 and 2 to the Regulation. The Website must display the official applicable symbol so that it is easy to see while the material is playing or displayed.

An uploader must use the classification control provided during upload and select the category that accurately describes the material. Pornographic content, naturalistic sexual activity and other content meeting Category IV criteria must be classified as Category IV (18+) and protected by the applicable technical safeguards. Where a feature accepts only adult material, the Website may apply Category IV by default. Deliberate misclassification is prohibited. We may correct or override a missing or inaccurate classification and may correct or change an associated symbol, marking, title, tag, description, thumbnail or label to the extent necessary for accurate classification and marking, without the uploader’s consent.

Adult Content is subject to access controls intended to protect minors. Section 1A applies to age assurance and attempted circumvention. Personal data of users who are minors, collected or generated through statutory protection measures, is not processed for commercial purposes, including direct marketing, profiling or behaviourally targeted advertising; this prohibition applies within its mandatory statutory scope.

10B.3. Content prohibited by the Polish Broadcasting Act

Without limiting any broader prohibition in these Terms, a user must not provide:

1. content capable of impairing the proper physical, mental or moral development of minors, particularly pornography or unjustified exposure of violence, unless it is correctly classified and subject to effective technical safeguards required by law;
2. content inciting violence or hatred against a group of persons or a member of such a group on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, nationality, membership of a national minority, property, birth, disability, age or sexual orientation; or
3. content capable of facilitating the commission of a terrorist offence, child sexual abuse material, or content inciting the public insult of a group or individual because of national, ethnic, racial or religious affiliation or because of lack of religious belief.

When assessing compliance, we may consider the audiovisual material together with its title, thumbnail, description, tags, comments, declared age category, access safeguards, commercial labels and other context reasonably available to us. We consider the nature and presentation of the material, the persons depicted or targeted, the apparent purpose, the risk and seriousness of harm, and whether required safeguards or labels are present. A title, disclaimer, fictional setting or classification does not make material lawful where the underlying content is prohibited.

10B.4. Commercial communications in User Submissions

Commercial communications in User Submissions, including advertising, sponsorship and product placement, are prohibited unless we have expressly admitted the uploader or the communication in advance through a dedicated procedure or functionality. Before uploading, the uploader must use the declaration control made available by the Website to state whether Content contains a commercial communication (“commercial content: yes / no”) and must truthfully identify the advertiser, sponsor, promoted party or payer where required. A declaration that Content contains a commercial communication results in rejection of the upload unless the uploader has been admitted in advance. A user must not remove, conceal or falsify a commercial label or declaration.

A commercial communication must be readily recognisable and distinguishable from non-commercial Content. Hidden commercial communications and techniques designed to affect the subconscious are prohibited.

To the extent prohibited or restricted by Polish law, commercial communications must not concern tobacco products or accessories, products imitating them, electronic cigarettes or refill containers; alcoholic beverages; healthcare services available only on medical referral; medicinal products; regulated casino, card, dice, betting or gaming-machine gambling; psychotropic substances, narcotic drugs or other products regulated under drug-control law; or tanning-bed services.

A commercial communication must not directly call on minors to buy a product or service, encourage them to pressure another person to buy it, exploit their trust, show them in a dangerous situation without justification, violate human dignity, discriminate, offend religious or political beliefs, endanger minors, or encourage conduct harmful to health, safety or the environment.

Sponsorship must be clearly disclosed by identifying the sponsor. A sponsor identification must not directly encourage purchase or rental or promote a prohibited product or service. A sponsor must not control Content in a manner contrary to applicable law. Product placement must be declared and clearly labelled, must not unduly emphasise the product or directly encourage purchase or rental, and must not concern a prohibited product or service.

Unless a binding regulation issued under Article 47q(2) of the Polish Broadcasting Act provides otherwise, the rules in this Section govern commercial communications uploaded by users. Any binding mandatory rule takes precedence from the time it applies.

10B.5. Statutory reports and the 48-hour response period

A user may report Content alleged to violate Section 10B.3 through the electronic reporting channel or by email to contact@eporner.com. The report should identify the Content by its exact URL or another precise location and explain the alleged violation sufficiently to permit an assessment. No special legal form is required.

A report concerning suspected offences referred to in Articles 3 to 7 of Directive 2011/93/EU, including suspected child sexual abuse material, may be submitted without the reporter’s name or contact details. The reporter must not download, copy, redistribute or attach suspected child sexual abuse material merely to report it.

We respond to a report made under Article 47s of the Polish Broadcasting Act promptly and no later than forty-eight (48) hours after receipt. A response is delivered to the email address or account channel associated with the report. For a report submitted without contact details, the reporting interface must provide a case reference through which the response can be retrieved.

A report that also constitutes a notice under Article 16 DSA is processed in accordance with both this Section and Section 10.4.

10B.6. Measures, reasons and remedies

Where Article 47t of the Polish Broadcasting Act requires it, after calling upon the uploader to remedy an unlawful situation within the period stated in the notice, we disable access to Content that remains improperly classified, violates the statutory prohibitions in Section 10B.3, or contains an unlawful or improperly labelled commercial communication.

To the extent permitted by applicable law, we may prevent an uploader from uploading for no longer than three (3) months where, despite being called upon to cease the infringement, the uploader has provided Content covered by Article 47t(1) at least twice. We may indefinitely withdraw upload access for Content covered by Article 47o(1)(3) of the Polish Broadcasting Act.

A decision under Article 47t(1)–(3) contains reasons and is communicated to the affected user promptly. This does not limit independent or immediate action permitted or required under another applicable rule, including action under Section 4E concerning suspected CSAM, an urgent safety risk, fraud or a valid order of a competent authority.

The affected user may complain to KRRiT. Current submission information is available on KRRiT’s complaints page; KRRiT also publishes contact information for submissions by email, post and ePUAP. A dispute concerning the handling of a report under Article 47s may be resolved by mediation with a mediator entered on the list maintained by the Chair of KRRiT. This information does not constitute an advance agreement by either party to participate in a particular mediation. DSA remedies and access to a competent court remain unaffected.

10B.7. Processing and statutory retention

For classification, access controls, statutory reports, complaints, moderation decisions, abuse prevention and legal compliance, we may process account and Content identifiers, contact details, submitted Content and metadata, report and complaint information, age-assurance results, relevant technical and security records, and decision records. The purposes are to provide and secure the Service, protect minors and other persons, assess and enforce these Terms, respond to reports and complaints, comply with legal duties and orders, and establish, exercise or defend legal claims. The Privacy Notice describes the applicable legal bases, recipients, retention periods and data-subject rights.

As required by Article 47v of the Polish Broadcasting Act, we retain a copy of publicly available programmes, user-generated videos, commercial communications and other publicly available material for at least twenty-eight (28) days after removal or the end of availability and provide it to the Chair of KRRiT upon a valid request. Material may be retained longer only where another legal obligation, a valid preservation requirement, or the establishment, exercise or defence of legal claims permits or requires it.

10B.8. Informed use and media literacy

This Section informs users of their principal rights and obligations, and of ours, under Articles 47l, 47m and 47o–47u of the Polish Broadcasting Act. Further information is available from KRRiT.

11. Changes to These Terms

11.1. Subject to Section 11A and applicable law, we may amend these Terms by publishing the revised version on the Website. Continued use after the effective date of an amendment constitutes acceptance only to the extent permitted by law.

11.2. Reasons for an amendment include, in particular, each of the following, applying independently: (a) a change in applicable law or its interpretation, regulatory guidance, or a decision, request or expectation of a competent authority, or a change in assessed legal risk; (b) security, fraud, malware, spam or abuse prevention; (c) technological change, compatibility, performance, maintenance or infrastructure needs; (d) a change concerning a third-party provider, service or dependency; (e) the introduction, development, modification, restriction or withdrawal of a feature or service; (f) economic reasons, including the costs of providing the Service or a change of business model.

11.3. An urgent amendment required for security, fraud, malware or spam prevention or by a legal requirement may take effect immediately upon publication where applicable law permits, with any legally required notice provided in accordance with Section 11A.

11A. Mandatory Notice of Changes

11A.1. Where required by applicable law, we inform recipients of a significant change to these Terms in a manner appropriate to the change and the relationship with the recipient.

11A.2. A particular method, form or period of notice, delivery on a durable medium, active acceptance, or a right to terminate applies only where and to the extent required by applicable law.

12. Indemnification and Release

12.1. To the extent permitted by law, you agree to indemnify and hold us harmless against damages, third-party claims, expenses and reasonable legal fees arising from your use of the Website or breach of these Terms.

12.2. To the extent permitted by law, if you have a dispute with another user or third party, you release us and our officers, employees, agents and successors from known and unknown, suspected and unsuspected, disclosed and undisclosed claims, demands and damages arising from or connected with that dispute or the Website.

12.3. This Section is subject to Sections 13A and 15A and does not exclude mandatory operator liability or a remedy that cannot validly be waived.

13. Disclaimer of Warranties and Limitations of Liability

13.1. This Section applies only to the fullest extent permitted by applicable law.

13.2. The Website may link to independent third-party websites. We do not control them and do not accept responsibility for their content, privacy practices or operations. We do not warrant the accuracy, completeness or authenticity of information they contain.

13.3. The Website is supplied on an “as is” basis without express, implied or statutory warranties or conditions. To the extent legally permitted, we disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, integration, interoperability, quiet enjoyment, and freedom from viruses or harmful components.

13.4. Where a jurisdiction does not permit a particular exclusion, it applies only to the extent permitted.

13.5. To the fullest extent permitted by law, we are not liable for direct, indirect, incidental, special, consequential or exemplary damages arising from use, misuse or inability to use the Website; reliance on Content; interruption, suspension, amendment or discontinuance of the Website; or termination of access. The same limitations apply to losses connected with products or services received or advertised through the Website.

13.6. We do not promise that the Website will meet your requirements; be uninterrupted, timely, secure or error-free; produce accurate or reliable results; provide products, services, information or Content meeting your expectations; or correct every Content error.

13.7. You obtain Content at your own discretion and risk and are responsible, to the extent permitted by law, for resulting damage to a device or computer system or resulting data loss.

13.8. Subject to Section 13A, discontinuing use is your sole remedy for dissatisfaction or another grievance, and our aggregate liability arising from or connected with your use of the Website will not exceed USD 100.

13A. Liability and Remedies That Cannot Be Excluded

13A.1. Nothing in these Terms excludes or limits liability or a remedy to the extent that exclusion or limitation is prohibited by mandatory law; otherwise, all disclaimers, releases, indemnities, sole-remedy provisions and monetary limits in these Terms remain effective to the maximum extent permitted.

13A.2. In particular, they do not apply to liability for wilful misconduct or fraud, death or personal injury, a data subject’s right to compensation under Article 82 GDPR, or mandatory consumer, data-protection or intellectual-property rights, in each case to the extent liability cannot lawfully be excluded or limited.

14. Governing Law and Jurisdiction

14.1. These Terms and the legal relationships arising from them are governed by the laws of the Republic of Poland.

14.2. The choice of Polish law does not deprive a consumer of protection granted by mandatory provisions that would apply in the absence of that choice, including where the conditions of Article 6 of Regulation (EC) No 593/2008 are met.

14.3. A dispute with a user who is not a consumer is subject to the exclusive jurisdiction of the Polish court competent for the Service Provider’s registered office. Jurisdiction in a consumer dispute is determined by mandatory applicable law.

15. General Terms

15.1. These Terms, as amended from time to time, form the entire agreement between you and us concerning the Website and replace prior agreements on the same subject. They may not otherwise be varied without our written consent.

15.2. The provisions of these Terms operate cumulatively, and a later or more specific provision displaces another only to the minimum extent of a direct conflict. Failure or delay in enforcing a provision or right, or a one-time or partial exception, does not waive that provision or right and does not establish a course of dealing.

15.3. Subject to Section 15A, if a provision is found invalid or unenforceable, it is ineffective only to the minimum necessary extent and the remaining provisions continue in effect to the extent they can lawfully operate without it. The invalidity or unenforceability of a provision does not expand our obligations and does not create an obligation that these Terms do not otherwise contain.

15.4. These Terms do not intentionally confer rights or remedies on third parties.

15.5. You may not assign, transfer or sublicense these Terms without our prior written consent. We may assign or transfer them subject to mandatory law.

15.6. Subject to Section 11A, we may give notices by email, ordinary mail, an account notification or a notice posted on the Website.

15.7. Section headings are included for convenience and do not affect interpretation.

15.8. “Including” introduces examples and does not limit the scope of the words preceding it.

15.9. The English version is the reference version of these Terms, subject to Section 15B and mandatory local-language or consumer-protection requirements.

15.10. If you provide ideas, suggestions, proposals, bug reports or other feedback concerning the Website, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable and sublicensable right to use and exploit that feedback for any purpose, without compensation, attribution or confidentiality obligations, to the extent permitted by law.

15A. Unfair, Invalid or Non-Binding Terms

15A.1. If a provision is unfair, invalid or non-binding under mandatory consumer law, it does not bind the consumer.

15A.2. The remainder continues only where it can lawfully operate without the affected provision.

15A.3. An unfair consumer term will not be treated as automatically replaced or rewritten solely to preserve our intended commercial result unless mandatory law expressly permits that result without harming the consumer’s protected interests.

15A.4. Where a provision can lawfully be interpreted in more than one way, the interpretation required by mandatory law applies.

15B. Language Versions

15B.1. The English version is the reference version and any translation is provided for convenience only, except where applicable law requires contractual information in another language or gives legal priority to a local version.

15B.2. Mandatory language and consumer-protection rules remain unaffected. No translation limits a right that cannot validly be waived or excluded.