Last Updated: 4th September, 2014
1. Services Provided Under These Terms and Conditions of Use
- This website is operated by Porn Free Power.
- Porn Free Power provides content, tools, products and services in two categories:
- Online Services: any content, tools, products, services and other information provided specifically by Porn Free Power to a general audience via this website, via email, or via other third party websites, apps, social media platforms or online tools (see scope limitations below).
- Personal Services: any services and other information provided by Porn Free Power or its representatives directly to a specific user, either in person or via any direct communication tools (including, but not limited to, email, Skype or telephone).
- Where any Online or Personal Services are provided via third party websites, apps, social media platforms or online tools, the scope of these Online and Personal Services is limited only to content, tools, products, services and other information specifically originating from Porn Free Power, and do not include any other part or content of any third party website, app, social media platform or online tool.
2. Acceptance of Terms and Conditions of Use
- Any Online and/or Personal Services are provided to you, the user, only upon your acceptance of all terms, conditions, policies and notices on this page (herein collectively referred to as the T&C).
- By accessing or using any Online or Personal Services, you are deemed to have read, understood and agreed to all T&C.
- This page displays the current T&C. We reserve the right to change these T&C at any time at our sole discretion without directly notifying you. Any material changes will be highlighted on this page for at least one month after taking effect, and it is your responsibility to check for updates to the T&C before continuing to use any Online or Personal Services.
- These T&C automatically apply to any new content, tools, products or services which may be added to any Online or Personal Services in future.
- You can contact us about these T&C, or anything else on this website, here.
3. User Conduct
- You agree not to use any part of any Online or Personal Services:
- to violate any international, federal, provincial or state regulations, rules, laws (including, but not limited to, copyright laws), or local ordinances;
- to violate or infringe upon our intellectual property rights or the intellectual property rights of others;
- to solicit others to perform or participate in any unlawful acts;
- to harass, abuse, insult, harm, stalk, defame, slander, disparage, intimidate, or discriminate against any other person or entity;
- to impersonate any other person or entity;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape any person, entity or data;
- for any obscene or immoral purpose;
- for any commercial purpose, including any personal advertising or offers for the sale of any products or services;
- for any objectionable or unconstructive purpose, including the distribution of junk mail, spam, chain letters or other schemes;
- to upload or transmit viruses, trojan horses, worms, or any other type of malicious code that may affect the functionality or operation of any Online Services, or of any other website or internet service;
- to interfere with or circumvent the security features of any Online Services, or of any other website or internet service; or
- for any other unauthorised purpose.
- You agree not to take any action that interferes with any other person’s use of any Online or Personal Services.
- You agree not to reproduce, copy, sell, resell, distribute, exploit or publicly display any part of any Online or Personal Services (including use of, or access to, any Online Services), without our express written permission. When specifically instructed via certain Online Services, you may access, display, download, store and/or print a single copy of the relevant content for your personal and non-commercial use.
- All Online and Personal Services are intended only for persons over the age of 18. By using any Online or Personal Services, you confirm that either:
- You are 18 years or older; or
- You have the permission of your parent or legal guardian to use these services.
- You agree not to use any part of any Online or Personal Services:
- You agree that any comments, feedback or other information you may provide via, or in relation to, any Online or Personal Services will not violate any right of any person or entity, including copyright, trademark, privacy, personality or other personal or proprietary right.
- You agree that any comments, feedback or other information you may provide via, or in relation to, any Online or Personal Services will not contain false, defamatory, disparaging, libellous or otherwise unlawful, harmful, threatening, abusive, obscene or otherwise objectionable material (as determined by us in our sole discretion).
- You agree that you will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments, feedback or other information you submit via any Online or Personal Services.
- You agree that you are solely responsible for any comments, feedback or other information you submit (including their accuracy).
User Accounts, Usernames and Passwords
Some Online Services require access via a user account that will be created specifically for you. Each user account will have an associated username and password to allow you to log in and use the Online Services.
- You agree that your user account is solely for your personal use, and you will not share any username(s) or password(s) needed to access any Online Services with any other person or entity.
- You agree to take appropriate actions to maintain the confidentiality and security of all username(s) and password(s) needed to access any Online Services.
- You agree to safeguard your user account at all times. This includes ensuring your account is not logged in on an unattended device, and logging out at the end of each session.
- You agree that you are responsible for all activities conducted via your user account, whether performed by you or anyone else.
- You agree to inform us immediately if any unauthorised access or use of your user account, or any other security violation, should occur.
4. Intellectual Property and Copyright
- You acknowledge and agree that all content, tools, products and services available via any Online or Personal Services, including but not limited to text, images, audios, videos, systems, designs, brand names, wording, colours and graphics, are intellectual property owned by Porn Free Power and protected by copyrights, trademarks, patents, or other proprietary rights and by other laws, and that their use by other parties is restricted.
- You acknowledge that the brand name Porn Free Power is trade marked.
- You agree that accessing, displaying, downloading, storing or printing any copyrighted material from any Online or Personal Services (where allowed under these T&C and other agreements) does not provide you with any ownership rights over that material.
- You agree that you will create no derivative works based on any content, tools, products or services provided via any Online or Personal Services.
- You agree that any content you submit via any Online Services becomes the exclusive property of Porn Free Power.
5. Expressly Reserved Rights
- We reserve the right to terminate and/or deny the use of any Online or Personal Services by anyone for any reason at any time. If we terminate or deny the use of any Online or Personal Services on the grounds of a violation of any of these T&C, we are under no obligation to refund any payments that the offending party may have made for the relevant service(s).
- We reserve the right to permanently close any user accounts that have not been accessed for a period of 12 months or more. In such instances, we are under no obligation to refund any payments that may have been made for the relevant service(s). In such instances, you also accept that any data associated with the relevant user account will be deleted permanently.
- We reserve the right to modify, suspend or cancel any Online or Personal Services (in whole or in any part) at any time, without providing notice or compensation.
- We reserve the right to change the prices of our products and services at any time without providing notice or compensation.
- We reserve the right (but have no obligation) to, edit or remove content that we determine (in our sole discretion) is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these T&C.
- We do not make any warranties of any kind (either expressed or implied) concerning the content, tools, products or services provided via any Online or Personal Services.
- We do not guarantee, represent or warrant that your use of any Online or Personal Services will be uninterrupted, timely, secure or error-free.
- You agree that your use of, or inability to use, any Online Services is at your sole risk. All parts of all Online Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind (either express or implied), including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- We do not warrant that any Online Services or their associated servers will be free of viruses or anything else that might be harmful. Nor do we warrant that any defects will be corrected. You alone assume all risk associated with use of any Online Services, including the full cost of any necessary repair or service to your computer.
- We do not warrant the results that may be obtained from the use of any Online or Personal Services will be accurate or reliable; or will meet your specific individual circumstances or goals.
7. Nature and Suitability of Materials
- You agree that all Online Services are provided for general information only, and are not designed to meet your specific personal situation. Porn Free Power is not in a position to understand your personal circumstances, and we do not warrant the suitability of any content, tools, products or services provided via any Online Services for your individual situation, nor that of any other person. You should not rely upon any Online Services as the basis for making decisions or taking action relating to your individual situation, nor that of any other person.
- You agree that any use of any Online or Personal Services is at your own risk. Before using any content, tools, products or services provided via any Online or Personal Services as the basis for making any decisions or taking any actions, you should first seek professional advice.
- You agree that all Online and Personal Services provided by Porn Free Power are not intended to provide any psychological or medical diagnosis, nor any specific psychological, medical, legal or other professional advice or treatment, nor are they a substitute for any diagnosis, advice or treatment from suitably qualified professionals.
- You agree that any Online or Personal Services provided by Porn Free Power are to be used for your own personal purposes only.
8. Limitation of Liability
- You agree that in no case shall Porn Free Power, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any physical, mental or emotional injury or distress, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Online or Personal Services or any products or services procured using any Online or Personal Services, or for any other claim related in any way to your use of any Online or Personal Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Online or Personal Services or any content (or product) posted, transmitted, or otherwise made available via any Online or Personal Services, even if advised of their possibility.
- You agree at all times to defend, indemnify and undertake to keep indemnified Porn Free Power and our parent, subsidiaries, successors, transferees, assignees, licensees, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, made by any third party (including without limitation any legal expenses and any amounts paid by Porn Free Power to a third party in settlement of a claim or dispute on the advice of Porn Free Power’s legal advisers) due to or arising out of your breach of these T&C or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
- This website may present links which direct you to third party websites. Content from other third party websites may also be embedded within, and accessible directly from, this website. Should you access any third party content or websites via this website, you agree that we are not responsible for examining or evaluating its content, accuracy or relevance; we do not warrant; and do not have any liability or responsibility for any third party materials or websites or for any other content, products or services of third parties.
- We take no responsibility and assume no liability for any content, tools, products or services provided via any other website that links to or from any Online or Personal Services.
- By creating links to any pages or files on this website, you do so at your own risk, and the exclusions and limitations set out in these T&C will apply to your use of this website by linking to it.
- We take no responsibility and assume no liability for any comments or other content submitted by any other users or third parties.
- We take no responsibility and assume no liability for any comments or other content you post.
- We take no responsibility and assume no liability for any loss or damage that results from your failure to secure your username and password details or your user account itself.
9. Legal Aspects
- These T&C and any policies or operating rules posted by us on this website or in respect to any Online or Personal Services constitutes the entire agreement and understanding between you and us and govern your use of the Online and/or Personal Services, and supersede all previous T&C in respect to your use of the Online and/or Personal Services.
- In the event that any provision of these T&C is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these T&C; any such determination shall not affect the validity or enforceability of any other remaining provisions in these T&C.
- If applicable laws do not allow all the limitations of liability described in these T&C, Porn Free Power’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the corresponding Online Service(s) and/or Personal Service(s).
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These T&C are effective unless and until terminated by either you or us. You may terminate these T&C at any time by ceasing to use all Online and Personal Services. This includes ceasing and cancelling your access to all Online and Personal Services, and permanently deleting or destroying any and all content and tools (or parts thereof) that you may have downloaded, stored and/or printed.
- If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term, condition or provision of these T&C, we may terminate our agreement(s) with you at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Online and/or Personal Services (or any part thereof).
- Any failure to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision.
- Any ambiguities in the interpretation of these T&C shall not be construed against the drafting party.
10. Laws and Jurisdiction
- These T&C and any separate agreements whereby we provide any Online or Personal Services to you shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia.
12. Refund Policy
- If you aren’t completely satisfied with your purchase, we will happily provide a refund within the following time periods:
- For electronic products (such as educational programs): within 90 days of purchase.
- For all other Online and Personal Services (including forum access, personal help & coaching and webinars): within 14 days of service delivery.
- All purchases are conducted in United States Dollars (USD). All refunds will also be made in USD corresponding to the original purchase amount, and will not be adjusted to reflect any foreign exchange rate changes that occur between the purchase and refund dates.
- If you need to request a refund, you may do so by contacting us here.
- All testimonials are completely genuine and reflect the personal experiences and opinions of real people who have used Porn Free Power’s Personal and/or Online Services.
- All testimonials are submitted completely voluntarily, and no inducement or reward is provided to any persons submitting testimonials, other than our sincere appreciation.
- Feedback submitted via any anonymous online feedback form that has the appearance of a testimonial will be treated as a testimonial submission (this does not include email communications). In such instances, no personally identifying information will be included if the testimonial is published.
- In submitting a testimonial, you agree that it becomes the exclusive property of Porn Free Power. This provides us with the right to edit the testimonial for length and clarity (while preserving the original intent and meaning) and to publish (or otherwise use) the testimonial in any of our marketing materials, which may include your first name or initials and your city, state or country of residence.
- Despite our right to edit as appropriate, testimonials are almost always displayed as received, including any spelling and grammatical mistakes.
- The name Jay Manning is a pseudonym used specifically with Porn Free Power. Jay is involved in a range of projects that are each very different in nature. To delineate between them and avoid causing confusion or distraction, he uses a different pseudonym when representing each project rather than one single name for them all.
- The use of ths pseudonym is limited to the name only, and all photographs, audios, videos, personal stories and experiences related via any Online or Personal Services are 100% genuine and truthful.