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Terms & Conditions / User Agreement
Effective Date: November 01, 2025
Last Modified: March 06, 2025
Sites Covered:
https://xhamster.com/
Introduction
Welcome to Our Site’s User Agreement (hereinafter referred to as the “Agreement” or “Terms and Conditions” or
“Terms”). The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained
therein. You should, therefore, take some time to read the Agreement carefully.
Our Site features content that is published by independent third parties, and We do not exercise control or
maintain direct association with this content. We refrain from intervening in disputes between third parties and
others, and We do not facilitate communication between them. Consequently, it is highly recommended that You
exercise Your own judgment when engaging with third parties or clicking on their links. Additionally, it is
advisable to conduct your own research on any information found in Our advertisements and commercial
communications before making any decisions. We are not responsible for any interactions that occur between Our
Users and third parties.
The activities discussed or promoted on the Site, as well as communication by third parties, may be subject to
regulation by the laws of Your individual city, state, province, country or nation. It is advisable to check
Your local laws before participating in any such activities or using our services.
If You have any questions about Our Agreement or policies, or if you wish to communicate with us, please feel
free to contact Us through our
Contact us / Single point of contact
.
Please note that you can use English or Greek to contact us. Our
Contact us / Single point of contact
can be used by any individual, legal entity, trusted flaggers, recipients of the service and/or authorities
(including EU Member State authorities, EU Commission and EU Board) to send us any type of communication.
1. Preliminary Provisions
1.1. Party Definitions.
The Parties referred to in this Agreement are defined as follows:
1.1.1.
Company
is the operator of the https://xhamster.com/ Website. “Company” has the
meaning defined in this Agreement. When first-person pronouns are used in this Agreement, (Us, We, Our,
Ours, etc.) these pronouns are referring to the Company and/or to any other sites that We may choose to
operate in the future. Additionally, when the terms “the Site” or “Site” or the “Website” are used, these
terms refer to https://xhamster.com/, any predecessor or successor domain or URL, along with any website
published by Us, unless a site is specifically exempt from this Agreement. Our Site(s), and the services
available to the Site and that the Site provides (“Services”), may contain images and videos (collectively
referred to as the “Content”) and text, software, graphics, data, messages, or any other information, and
any other website content owned, operated, licensed, or controlled by the Company (collectively referred to
as the “Materials”).
1.1.2.
You, the User.
As the User of this Site and/or Services, this Agreement will refer
to the User as “You” or through any second-person pronouns, such as “Yours” etc. Hereinafter, the User of
the Site and/or Services shall be referred to in applicable second-person pronouns. By using this Website,
You certify that You are over eighteen (18) years of age or twenty-one (21) years of age, depending on the
age of majority in Your jurisdiction.
1.1.3.
User vs. Member vs. Verified Member.
For the purposes of this Agreement, all Members
and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users
whether they are Members or not. You become a User by accessing this Site or the Services in any way,
therefore You need not become a Member of the Site to have this Agreement applied to You. You are not
considered a Member, as defined by this Agreement, until such time as You have submitted Your online account
Registration (hereinafter “Registration”). You become a Member by registering with the Site for a User ID
and password, as required by the Registration, as discussed below, or by enabling and registering with other
available means of registration defined in Our Website. Registration is available without the provision of
Your e-mail address. Also, registration is available via “Sign up with Google” function, that is available
in the registration page of the Site. You are not considered a Verified Member, as defined by this
Agreement, until such time as You have submitted Your online application to participate in Our Creators’
Program (hereinafter “Verification”), subject to these Terms and the Creators’ Program Terms. You become a
Verified Member once Your application has been reviewed by Us and Your online account has been accepted into
the Creators’ Program.
1.2. Electronic Signatures / Assent Required:
1.2.1. Nobody is authorized to access the Site or use the Services, unless they have signed this Agreement.
Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is
permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No
910/2014 of the European Parliament and of the Council of 23 July 2014 and similar federal and state laws.
YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENT BY TAKING ANY ACT DEMONSTRATING YOUR ASSENT
THERETO. Most likely, You have clicked or will click a button containing the words “I agree”, “Sign Up” or
some similar syntax or use “Sign up with Google” function in order to register on Our Website. YOU SHOULD
UNDERSTAND THAT THIS HAS THE SAME LEGAL EFFECT AS YOU PLACING YOUR PHYSICAL SIGNATURE ON ANY OTHER LEGAL
CONTRACT. If You click any link, button, or other device provided to You in any part of Our Site’s
interface, then You have legally agreed to all of these Terms and Conditions. Additionally, by using any of
Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree
that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of
the terms in this Agreement.
1.2.2. If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and
Services. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to
this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your
viewing of the Site or using any portion of the Site or Our Services.
1.3.
If You are seeking information regarding any illegal activities, You must leave this Site
immediately and do not attempt to use the Services. You acknowledge that You are aware of the community
standards in Your community, and You will only access the content on the Site and/or use the Services if You
believe that the content on the Site does not offend the community standards prevalent in Your community.
1.4.
You agree not to use the Services or access the Site if doing so would violate the laws of
Your state, province, or country.
1.5. Revisions to this Agreement:
1.5.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We
have this unilateral right. You agree that all modifications or changes to this Agreement are in force and
enforceable immediately upon posting. Any updated or edited version supersedes any prior versions
immediately upon posting, and the prior version is of no continuing legal effect unless the revised version
specifically refers to the prior version and keeps the prior version or portions thereof in effect. If any
amendment of this Agreement is deemed ineffective or invalid by any court, You and We (collectively, the
“Parties”) agree that the prior, effective version of this Agreement will be considered valid and
enforceable to the fullest extent permissible by law.
1.5.2. We agree that if We change anything in this Agreement, We will change the “last modified” date at the
top of this Agreement so that it is immediately apparent that We have updated the Agreement. The Agreement
is located at
https://xhamster.com/info/terms
and a link to the Agreement is also at the bottom of the home page of the Site under “Terms of use”. You
agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so.
You agree to note the date of the last revision to this Agreement. If the “Last Modified” date remains
unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement
has been changed since the last time You read it. If the “Last Modified” date has changed, then You can be
certain that something in the Agreement has been changed, and that You need to re-review it in order to
determine how Your rights and responsibilities may have been affected by the revisions.
1.5.3.
Waiver.
if You fail to periodically review this Agreement to determine if any of the
terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure
amounts to Your affirmative waiver of Your right to review the amended terms and We shall not be held
responsible.
1.6. Incorporations by Reference.
Although this Agreement represents the primary terms and
conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The
document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are
therefore part and parcel of this Agreement include the following:
1.6.1. Privacy Policy
(available via
https://xhamster.com/info/privacy
);
1.6.2. Cookie Policy
(available via
https://xhamster.com/info/cookie-policy
);
1.6.3. Copyright infringement / DMCA Policy
(
https://xhamster.com/info/dmca
);
1.6.4. Trust and Safety
(
https://xhamster.com/info/trust-and-safety
);
which describes our approach to moderation practices, content upload requirements, and technical and
organizational safeguards.
2. Explanation of Account Access and Membership
2.1. Access and Limited License:
2.1.1. All Users may access certain public areas of the Site. You understand that all We are providing You
is access to Our Services as We provide them from time to time. You need to provide Your own access to the
Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are
Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase
or license the necessary hardware and software to access the Site and Services. This Agreement covers all
public and non-public areas of the Site.
2.1.2. By accessing the Site, You certify that:
2.1.2.1. You are using the Site solely for personal, non-commercial purposes;
2.1.2.2. You will not copy or distribute any part of the Site without Our prior written authorization;
2.1.2.3. You will fully comply with these Terms and Conditions as well as Privacy Policy.
2.2. Membership or User Account:
2.2.1. Although a big part of the Site is available without creating an account, to access certain features
of the Site and Services, You must either register as a Member of the Site or become a Verified Member.
2.2.2. In connection with completing the Registration, You agree to provide true, accurate, current and
complete information about Yourself as prompted by the Registration (such information being the
“Registration Data”); and You further agree to maintain and promptly update the Registration Data to keep it
true, accurate, current and complete at all times while You are a Member or a Verified Member.
2.2.2.1. As part of the Registration, You will be issued with or You may choose a unique username and
password which You must enter in order to gain access to the non-public sections of the Site (for
instance, to Your own account on the Site). You may also obtain access to the non-public sections of the
Site if You registered on the Site via the “Sign up with Google” or “Sign up with Twitter” function. At
the same time, under clause 1.1.3. of the Agreement, registration on the Site is available without the
provision of an e-mail address, that is why We encourage You to remember Your username and password to
be able to enter into Your account and to the non-public portions of the Site. If You want to be able to
recover Your account, then You are strongly advised to provide Us with an e-mail address, which can be
used for Your verification in case You either forget Your username or password, or You will want to
deactivate Your account. You can provide an e-mail address either upon registration, or at a later stage
through the “edit profile” section, available in the following link:
https://xhamster.com/my/edit/profile
.
To recover Your password, You may use the dedicated page in Your account. However, if You do not provide
Your e-mail address and You forget Your username or password, then We will be unable to confirm that
such account is indeed Yours and thus You will be unable to recover access to Your account. What is
more, if You do not provide an email upon registration or afterwards by editing Your profile, We will
not be able to reactivate Your account in case You deactivate it.
2.2.2.2. You certify that when asked to choose a username You will not choose a name which may falsely
represent You as somebody else or a name which may otherwise be in violation of the rights of a third
party. We reserve the right to change such username or delete the relevant account if it violates any of
the aforementioned rights.
2.2.3.
Community User.
Upon completing the Registration, You may choose to become a
Community User by submitting a photographic image containing Your face and a handwritten text of Your
username and “xHamster.com”. If You comply with requirements described herein, You will receive a special
mark that confirms Your status as Community User.
2.2.4.
Verified Member.
this option is available for all Members, and it is offered for the
purpose of allowing Members to activate the Creators’ Program features, including but not limited to,
uploading Content to the Site. Member’s verification means that such User’s documents (documents containing
Your full legal name, picture, date of birth and other identifying features such as Your address) and data
have been verified by a third-party service provider as engaged by Us from time to time. We do not accept
any liability for the services provided by such third-party service provider. All data processing is done
pursuant to Our Privacy Policy and the third-party service provider’s privacy policy. We may request
additional documents from a Member for Verification to establish Your age and identity both prior and after
the Verification, and We may also change the number of documents requested from Members from time to time at
Our sole discretion. Types of documents accepted for Verification purposes are not the same for everyone and
are set, between Us and the service provider, on a country basis and may include one or several of the
following: national ID, national passport, international passport, citizenship card, state ID, driver’s
license (only for countries where a national ID or passport is not mandatory). We reserve the right to
review all and any verification results received from the service provider engaged at a time and render Our
own final and binding decision as to the acceptance of data provided. However, should the Site verify the
identity of a particular Member, such verification does not reflect or have any bearing on that Member's
professional reputation or reliability as a proper business partner and, therefore, it should not be relied
upon. Verified Members are in no way endorsed by the Site or its agents and have not been subjected to any
screening process except as described above in this provision. Therefore, We specifically disclaim any and
all liability associated with any communication, both online or offline, between any user and such Verified
Member.
2.2.5. Members are permitted to create one (1) account only.
2.2.6. Membership may not be transferred or sold to a third party unless otherwise permitted by Us in
writing.
2.2.7. You are solely responsible for the activity that occurs on Your account, and You must keep Your
account password secure. You must notify the Site immediately of any breach of security or unauthorized use
of Your account.
2.2.8. In circumstances where any national or state law or any other jurisdiction implements a regulation
that requires the age verification of Users, the Company may require the User to confirm their legal age.
Such confirmation may be carried out with the assistance of third parties who provide verification services.
By proceeding with such verification, the Member authorizes the Company to transfer their personal data to
the third party for the purposes of confirming their legal age.
2.2.9. User access to the Site is free of charge. We do not provide paid memberships of any kind. Any
premium memberships or subscriptions made available via the Site are provided in part or entirely by third
parties, regardless of any branding or names associated with such memberships. The Site is not responsible
for the activities of any third party or the content of any third party site, including a third party’s use
of cookies or any other information (such as IP address, browser type or operating system) collected when
You click through links on the Site to their sites or view their advertisements. Links to such third party
sites are not to be taken as an endorsement by the Site of the third party site or any products or services
promoted therein, offered or sold on the third party site, or as an indication that such sites are free from
computer viruses or anything else that has destructive properties. You are responsible for reviewing any
terms and conditions of and the privacy policies of such third party sites.
2.2.10. We are committed to transparency regarding our recommendation system, as mandated under article 27
of the Digital Services Act (the "DSA"). To learn more about the main parameters used as well as any options
for you to influence those main parameters of our recommendation system, please visit our
EU DSA
page.
2.2.11. A verified Member has the right to participate in Our Referral Program, as it is described in
Appendix 1 to this Agreement.
2.3. Deactivation or termination of Your Membership or User Account.
2.3.1. You have the option to cancel Your membership at any time through your
profile settings
.
Then click on "Disable account", enter Your password and then click the "Deactivate account" option. This
Agreement's provisions shall survive any deactivation or termination, unless otherwise stated. Upon Our
processing of Your request, You will no longer have access to the non-public areas of the Site to which You
were a Member. It is hereby emphasized that the purpose of the “Deactivation” option is to allow You to close
Your account and make it publicly unavailable and it is not to hide or delete any or all of Your Content and account permanently.
After a deactivation, Your account may only be restored if You had provided Us with an
e-mail address and only in cases where such e-mail address has been verified. After one (1) year,
deactivated User accounts without any uploaded content that have not been reactivated, may be permanently
deleted at the sole discretion of the Company.
In accordance with Our
Privacy Policy
,
You also have the right to delete Your account and all information that We store about You permanently. The
possibility to delete your account may be available to you in your profile settings (click on "edit profile"
and then select the "Disable account" option). Alternatively, You may use Our
Contact us / Single point of contact
.
2.3.2. Without limiting other remedies, We may temporarily or indefinitely suspend, or terminate Your access
and use of the Site and Services at any time, with or without advance notice, if:
2.3.2.1. We believe, in Our sole discretion, that You have breached any material term of this Agreement
or the document(s) it incorporates by reference;
2.3.2.2. We are unable to verify or authenticate any information You provide to Us;
2.3.2.3. We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our
Users or Us; or
2.3.2.4. We decide to cease operations or to otherwise discontinue any services or options provided by
the Site or parts thereof.
2.3.3. You agree that neither Us nor any third party acting on Our behalf shall be liable to You for any
termination of Your account or access to any part of the Site or Services.
2.3.4. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site,
using the same or different username, without a prior written consent from Us.
2.3.5. In order to maintain the integrity of the Site and Services, fulfill the terms of the Agreement or to
investigate complaints, You agree to allow Us to access Your account and any other information You have
submitted or created, for as long as reasonably required to investigate the complaint or protect Our
interests.
2.3.6. You agree that You will not use Our Services to publicly discuss any infractions, warnings, or
bannings. You must discuss any concerns about such topics with Us directly.
2.3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any
of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current
or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If
applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees
that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs,
dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You
agree that You will pay Us one hundred euros (100.00 EUR) in additional liquidated damages as well as any
costs incurred by Us for each fee incurred.
2.3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of
the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all
necessary and appropriate actions under applicable national and international laws.
2.3.9. Account Deletion Due to Inactivity
2.3.9.1. We reserve the right to delete Your account and all associated data if Your account
remains inactive for a period of two (2) years, You have not provided a verified email address
and Your account does not have uploaded content (as defined by Us in our sole discretion).
2.3.9.2. Prior to deletion, We will attempt to notify You using possible means of communication,
if any. If You fail to log into Your account or provide a verified email address or engage
in any other activity on Your account (as defined by Us in our sole discretion),
Your account may be permanently deleted.
2.3.10. Liability for Breaches
2.3.10.1. In the event of any breach by You of the Terms or any violation of any law or regulation,
or any other event that the Company may deem necessary, including, without limitation, failure
to meet Our requirements and/or lack of verification, the Company may take one (or more)
of the following actions at its sole discretion and without liability to You, with or without
prior notice:
A) Issue a warning to the User about the breach of the Agreement and request the User to refrain
from breaching the Agreement.
B) Suspend User access to all or a portion of Our Site and Services.
C) Prevent User from completing any actions via the Site and Services, including closing
the possibility to use certain features of the Site.
D) Delete any content and material that the User (including Member and Verified Member)
has made available on Our Site and Services.
E) Not to allow the publication of any content and material that the User (including Member
and Verified Member) may be able to upload to the Site.
F) Ask the User to complete the additional verification and any additional actions that may appear
on the Site interface in order to continue to use the Site and Services in its full functionality.
G) Suspend all payments to You, if applicable.
H) Terminate access of the User to the Site and Services, delete or deactivate Your Account
and all related information in such account.
I) To publish on the Site any related informational message that the Company deems appropriate.
J) To inform any relevant authorities.
K) To commence and prosecute any legal proceedings.
2.4. Fraudulent Use of:
2.4.1.
Stolen Cards:
We take credit card fraud very seriously. If we suspect that a Member
has used a stolen or fraudulent credit card, this will result in the notification of the appropriate law
enforcement agencies and termination of such Member’s account.
2.4.2.
Stolen or Fake IDs:
We take ID fraud very seriously. If we suspect that any Member
has used a stolen or fraudulent ID in the process of Member verification or co-performer verification
pursuant to Creators’ Program features, this will result in the notification of the appropriate law
enforcement agencies and termination of such Member’s account.
2.5.
You agree that Your Content will comply with all provisions set forth in this Agreement.
Your Content includes any text, images, video, blog posts, forum comments, or other content or media uploaded or
otherwise provided by You for Us to make available on the Site or Services (“Your Content”).
2.6.
Subject to Your acceptance of this Agreement, We grant You a limited, non-exclusive,
non-transferable personal license to access and use the Site, Materials, and the Services contained therein. We
provide the Materials and Services on this Site for the personal, non-commercial use by Users of the Site. Users
of this Site are granted a single copy license to view Materials.
2.7.
All Materials and Services available on the Site shall be for private, non-commercial use
only, and all other uses are strictly prohibited, unless consented to by Us in writing. If You are a business
entity or commercial concern, Your presence on the Site is not allowed, unless it is expressly authorized in
writing by Us, or You and We have signed separate agreement about such presence. We reserve the right to pursue
vigorous legal action against unauthorized login by business and commercial entities.
2.8.
We reserve the right to limit the amount of Materials viewed. You agree to prevent any
unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or
any of the Materials contained therein terminates this limited license effective immediately. This is a license
to use and access the Site for its intended purpose and is not a transfer of title. You will not copy or
redistribute any of the content appearing on this Site. We reserve the right to terminate this license at any
time if You breach or violate any provision of this Agreement, in which case You will be obligated to
immediately destroy any information or Materials You have downloaded, printed or otherwise copied from this
Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
2.9. Service Interruption.
From time to time due to various technological factors, scheduled
software uploads and other factors beyond Our control, Our Services may be temporarily interrupted. From time to
time, certain features of the Site, such as the Site’s email system, may not be available for use due to
technological and other factors. From time to time, access to the Site and the ability to log into the Site may
not be available due to technological and other factors. You agree to hold Us harmless against any interruption
of service.
2.10. Agreement to Receive Notifications and Other Communications.
We reserve the right to send
electronic mail or other notifications to our Users and Members. For some of these notifications, You have the
right to unsubscribe from. The purpose of this may include but is not limited to:
2.10.1. Inform You of any change to the status of Your account;
2.10.2. Inform You about contact(s) from another Member(s);
2.10.3. Provide information to You regarding similar products or services;
2.10.4. Inform you of any significant changes made to this Agreement or any other internal rules of the
Company.
2.11. Restriction of services.
This Agreement contains different provisions which outline that
certain behaviors or violations may result in the restriction of Our services. As a general rule, any breach of
this Agreement may lead to the restriction of the provision of Our services or termination of Your account. The
decision to provide a warning or take immediate action without notice will depend on the severity of the
violation.
2.12. Measures and protection against misuse under article 23 of the DSA.
2.12.1.
Suspension of services.
We reserve the right to suspend the provision of Our
services for a reasonable period of time to Users that provide manifestly illegal content. Such suspension
shall occur after the issuance of a prior warning to the User, depending on the severity of the violation.
2.12.2.
Suspension of notice and complaint processing.
We reserve the right to suspend, for
a reasonable period of time, the processing of notices and complaints submitted through Our notice and
action mechanisms (available via
Contact us / Single point of contact
)
and internal complaints-handling systems (appeal procedure which is also available via
Contact us / Single point of contact
)
if they are frequently found to be manifestly unfounded. Prior to suspension, a warning will be provided to
the complainant, depending on the severity of the violation.
2.12.3.
Assessment Criteria.
When determining whether suspension is warranted under
paragraphs 2.12.1. and 2.12.2. above, We will assess the behavior of the User on a case-by-case basis. This
assessment will be conducted in a timely, diligent, and objective manner, taking into account the following
circumstances:
2.12.3.1. The absolute numbers of manifestly illegal content or manifestly unfounded notices or
complaints submitted within the last year.
2.12.3.2. The relative proportion thereof in relation to the total number of items of information
provided or notices submitted within the last year.
2.12.3.3. The gravity of the misuses, including the nature of illegal content and its consequences.
2.12.3.4. The intention of the User, where identifiable.
2.13. Internal complaint handling system.
Under article 20 of the DSA You have the right to
appeal decisions made by Us through our internal complaint-handling system. This system allows You to lodge
complaints against decisions related to content removal or visibility, service suspension, account
termination, or monetization restrictions. You can utilize the appeal system within six (6) months of
receiving the statement of reasons about Our decision, using Our
Contact us / Single point of contact
.
Once We receive Your appeal, Our responsible team will review it and inform You promptly of its outcome.
3. Special Considerations Regarding Minors
3.1. Age of Majority.
In order to use the Site or any Services provided by the Company, You
must have attained the age of majority in Your jurisdiction. You represent and warrant that You are at least
eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that
You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one
(21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Site immediately and
may not use or access the Site or use the Services in any manner.
3.1.1. We specifically disclaim any responsibility or liability for any misrepresentations regarding a
User’s age.
3.1.2.
You represent and warrant that You will not allow any minor(s) to access this Site or Services.
Users should implement parental control protections, such as computer hardware, software, or filtering
services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your
computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our
Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your
responsibility to keep any age-restricted content from being displayed to Your children or wards.
3.2. WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND HAVE A ZERO TOLERANCE
POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIA ACTIVITY. ANY ATTEMPT TO UPLOAD SUCH CONTENT WILL IMMEDIATELY
BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITY.
3.2.1.
You represent and warrant that Your Content contains nothing involving minors.
3.2.2.
We have zero tolerance against those who provide or seek any kind of material involving minors.
3.2.3.
To uphold Our zero-tolerance policy, You agree to report any videos or images, whether real or
simulated, that seem to depict minors on Our Site, in the unlikely event that this such a situation
occurs. If You come across any questionable content, report this immediately using the flag option or
through our
Contact us / Single point of contact
.
3.2.4.
All reports will be investigated immediately and all appropriate actions will be taken.
3.2.5.
If such exceptional situation occurs, We shall cooperate with the appropriate law-enforcement agency of
the relevant jurisdiction. If You suspect other third-party websites participating in any unlawful
activities involving minors, please report them to Your local law-enforcement agency. You may also
report them to ASACP.org:
www.asacp.org
.
3.2.6.
We are committed to making the use of Our Site a safe and pleasant experience for Our Members, and We
are committed to combat any kind of illegal content, including but not limited to, minors. In order to
do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically
make audits of Member correspondences, Materials, Content, profiles and forums within the Site, which
include the usage of any communication system offered via the Services. To effectively combat any
illegal content which may appear in a Member’s communication, You agree to such audits being conducted
with the help of a third-party service provider.
3.2.7.
Section 230 Notice. You acknowledge that it is Your responsibility to prevent minors under Your care
from accessing any harmful or inappropriate materials. You agree not to allow minors to view any such
content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial
online safety filters are available which may help users limit minors' access to harmful or
inappropriate materials. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research
such services at websites such as:
www.getnetwise.org
,
www.child-internet-safety.com
or
https://xhamster.com/info/parentalcontrol
,
among others. Please note that We make no representation or warranty regarding any of the products or
services referenced on such sites, and We recommend that You conduct appropriate due diligence before
purchasing or installing any online filters. You agree to take particular steps to prevent minors from
viewing Our Site or the content received via Our Services if Your computer or mobile device can be
accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor, it is Your
responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being
displayed or accessed by Your child(ren) or ward(s).
4. Content and Materials
4.1.
Our Site(s) and Services contain images and videos (defined in Section 1.1.1 as “Content”)
and text, software, images, graphics, data, messages, or any other information, and any other content owned,
operated, licensed, or controlled by Us (defined in Section 1.1.1 as “Materials”).
4.2.
You acknowledge and stipulate that all of the Materials and Content constitute expressive
content that, amongst other laws and regulations, may be fully protected by the article 11 of Charter of
Fundamental Rights of the European Union, and other similar legal principles.
4.3.
You acknowledge and understand that some or all of the Content and Materials on Our Site
and transmitted via Our Services may depict activity that is restricted to adults, and is therefore
inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Content and
Materials provided by or through the Site and that You are not offended by such Content and Materials, and that
You access the Site and Services freely, voluntarily, willingly, and for Your own personal pleasure.
4.4.
You understand that all of the information, data, text, images, audio, graphics, messages,
or any other content on the Site or available via the Services, whether posted publicly or transmitted through
Our messaging services or the messaging services of third parties, are the sole responsibility of the party from
whom the Content or Materials originated. This means that You are entirely responsible for any and all content
that You upload, post, transmit, e-mail, message, or otherwise publish or make available via Our Services. We
are not always able to control the Materials posted on the Member profiles, forums, or any other User
communications, and as such We do not guarantee the accuracy, integrity, quality, or any other aspect of such
posted Materials or Content. You agree that by using the Site and Services covered by this Agreement, You very
well may be exposed to Content that You might find offensive, indecent, problematic, or otherwise objectionable.
Under no circumstances will We accept liability in any way for any Content and/or Materials posted by, uploaded
by or transmitted by Our Members, verified or not.
4.5.
We respect the intellectual property rights of all parties, and have adopted a policy
regarding the protection of intellectual property and, where necessary, we will terminate accounts of the repeat
copyright infringers under the Digital Millennium Copyright Act and DSA.
4.6.
We further reserve the right, at Our sole discretion, to delete any content violating the
terms within this Agreement. We may delete any Content or Materials including pictures, videos, messages, forum
posts, or profiles that are deemed, at Our sole discretion, to be illegal, immoral, offensive, or in violation
of the letter and spirit of this Agreement and the purpose of the Site. Further, all Content submissions may be
made by Verified Members only and are subject to mandatory preview as well as to the Site’s community standards
and per conduct policy.
5. Restrictions and Regulations Governing Use of Our Site and Services:
5.1.
You agree that You will only use the Site and Services for purposes expressly permitted
and contemplated by this Agreement. You may not use the Site and Services for any other purposes, including any
commercial purposes, without Our express prior written consent.
5.2.
You are strictly prohibited to:
5.2.1 Upload, post, or otherwise make available any files or products that contain images, photographs,
software or other material protected by intellectual property laws, including, for example, copyright or
trademark laws (or rights of privacy or publicity) unless You own or control the rights to such material or
have obtained all necessary consents;
5.2.2. Upload, post, or otherwise make available any submission that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. This includes, but is not limited to, submissions involving minors,
animals, rape, incest, violence, blood, defecation, vomiting, persons under the influence of alcohol or
drugs, unconscious or sleeping persons (this list is given as an example only and is not an exhaustive list
of submissions that are forbidden on the Website);
5.2.3. Harm or exploit minors in any way. This includes, but not limited to, uploading, posting, emailing,
or otherwise transmitting any submission involving a minor;
5.2.4. Upload, post, or otherwise make available any submission depicting or involving animal cruelty;
5.2.5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
5.2.6. Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the
Site;
5.2.7. Upload, post, or otherwise make available any submission that You do not have a right to transmit
under contractual or fiduciary relationships. This includes, for example, any inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or under
non-disclosure agreements;
5.2.8. Upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, unless
specifically designated by us for such purposes;
5.2.9. Interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of networks or third party providers connected to, or
providing the Site;
5.2.10. Intentionally or unintentionally violate any applicable local, state, national or international law,
including any regulations enforceable by law;
5.2.11. Stalk or otherwise harass another Member or User of the Site;
5.2.12. Collect or store personal data about other Users, or Members, including via the use of any data
mining, bots, or similar data gathering and extraction tools;
5.2.13. Duplicate any part of Our Site or the Materials contained therein or received via the Services,
except as expressly provided elsewhere;
5.2.14. Create any derivative works based on Our Site, or on any of the Materials contained therein, or
received via the Services. You agree and stipulate that any and all derivative works are NOT considered
“fair use”;
5.2.15. Use Our Site or Services, or any of the Materials contained therein, for any public display, public
performance, sale or rental. You hereby agree and stipulate that any and all such uses are NOT considered
“fair use”;
5.2.16. Re-distribute or “scrape” Our Site or any of the Materials contained therein or received through the
Services. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;
5.2.17. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained
therein;
5.2.18. Frame or utilize any framing techniques in connection with Our Site or any of the Materials
contained therein;
5.2.19. Use any meta-tags or any other “hidden text” using Our Site’s name or marks. You hereby stipulate
that any use of the Site’s name or marks, or any other marks owned by Us is an infringement upon Our
trademark rights, and You stipulate to liquidated damages of five thousand euros (5,000 EUR) per such
infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including
attorney’s fees and all associated costs;
5.2.20. Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with
the Services. This includes actions such as the theft of usernames and passwords or using another person’s
username and password to gain unauthorized access to a restricted area of the Site;
5.2.21 Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a
service bureau or otherwise assign to any third party the Materials or Services or any of Your rights to
access and use the Materials or Services, as granted specifically by this Agreement;
5.2.22. Use Our Services for any commercial purpose, unless expressly agreed to by Us in writing and at Our
sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use
only;
5.2.23. Share any information provided to You by another Member, unless such Member has given You permission
to do so;
5.2.24. Use any material or information, including images or photographs, which are made available through
the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other
proprietary right of any party;
5.2.25. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may damage the operation of another’s property or of the Site
and Services;
5.2.26. Download any file posted by another user of a Service that You know, or reasonably should know,
cannot be legally distributed in such manner;
5.2.27. Falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded;
5.2.28. Restrict or inhibit any other user from using and enjoying the Services;
5.2.29. Publish falsehoods or misrepresentations that could damage the Site or any third party;
5.2.30. Unless expressly permitted by Our company, post advertisements or solicitations for any business;
5.2.31. Use the Services in connection with unlawful contests, lotteries, or gambling, pyramid schemes,
chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
5.2.32. Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any
Member You meet on this Site;
5.2.33. Request or send money, or any other form of financial assistance, from or to any Member that You
encounter on this Site;
5.2.34. Harvest or otherwise collect information about others, including e-mail addresses or other
personally-identifiable information;
5.2.35. Create a username, that consists only of keywords and categories, that are usually used for search
optimization in the industry. It is also prohibited to exploit search engine optimization in order to obtain
more views and popularity of Your profile and interfere the work of the Company’s search optimization;
5.2.36. Create a false identity, including misrepresented real age, location, country of residence, country
of origin, religion, height, weight, and any other item of personal description for the purpose of
misleading others;
5.2.37. Provide personal contact information, such as email address, telephone numbers, street address or
similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
5.2.38. Use all the content and materials available on our Site for the purpose of use with, training
of and improving any third-party machine learning and artificial intelligence (AI) solutions, models,
neural networks and other AI tools, whether generative or another type.
5.3. Restrictions on Interactive Communication Mediums.
The Site is intended to act as an
avenue of communication and provide enjoyment to its Members. The Site may supply various opportunities to its
Members to facilitate such communication via forums, discussion boards, blog-type publications, commenting
features and other interactive chat capabilities.
5.3.1.
Fraud and Scam Warning.
The Site has no way of determining the validity of any
communication that You receive from another Member or the legitimacy of the person behind such
communications. You expressly understand and agree that if any other Member or individual You are in
communication with on this Site requests money from You for travel assistance, medical assistance,
subsistence or for any other reason, it is highly likely a scam or a fraudulent scheme and You are at a very
high risk of being defrauded. We strongly suggest reporting this along with the username of the requesting
Member immediately using our
Contact us / Single point of contact
and reporting this to Your local law enforcement authorities.
Please be advised that the reference to the “Company” in this section and throughout the Agreement refers to
the operator of the Website, which is:
5.3.2. We reserve the right to review and/or reject any Content created and/or posted by Users. We may
delete any Content contained within, including but not limited to, the communication mediums set forth in
Section 5.3, without warning. However, the Site undertakes no obligation to monitor User content or take any
such actions. We encourage Our Users to report any violations of the restrictions specified herein using our
Contact us / Single point of contact
.
Uploading prohibited depictions violates this Agreement, and may result in the suspension or deletion of
Your account as well as any other measures We deem, in Our sole discretion, as necessary.
5.4.
You agree to cooperate with Us to promptly cease any unauthorized use. You are solely
responsible for submitting any material that violate the laws of any jurisdiction, whether on a national,
European, or international level. The responsibility persists even if a claim arises after Your service is
terminated. Such actions on your part shall constitute a material breach of this Agreement and the Site shall
terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate Us to
monitor or investigate any use of Our Services by Our Users or other third parties, other than as required by
applicable law.
5.5 Interference.
Except where expressly permitted by law, You may not translate,
reverse-engineer, decompile, disassemble, or make derivative works from any of Our Materials or any other
materials from Our Site. You hereby agree not to use any automatic device or manual process to monitor or
reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or
attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of
this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand euros (5,000 EUR)
plus any and all fees associated with recovery of these damages, including attorney’s fees and costs plus the
damages that the Company suffers as a result of violation of this clause.
6. User Submissions
6.1.
The Site allows its Verified Members to submit Content or other material, and allows the
hosting, sharing, and/or publishing of such submissions. By submitting Content or other material to Us, You
indicate Your intent for Us to make such material available on the Site and any other affiliated sites, whether
by affiliation of ownership or contract.
6.2.
You shall be solely responsible for Your own submissions and the consequences of posting
or publishing them. In connection with Your submissions, You affirm/warrant that:
6.2.1. You own or have the necessary licenses, rights, consents, and permissions to use Your submissions and
authorize the Site(s) to use all patent, trademark, trade secret, copyright, privacy, publicity or other
proprietary rights in and to all of Your submissions to enable inclusion and use of the submissions in the
manner contemplated by these Terms and the agreement that You sign to participate in the Creators’ Program;
6.2.2. You retain all ownership rights in Your submissions. However, by contributing Your submissions to the
Site(s), You grant a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable right
and license to: copy, modify, publicly perform, and publicly display Your submissions on Our Site.
6.2.3. You have the written consent, release, and/or permission of each and every identifiable person in
Your submissions to use the name or likeness of each individual for use in Your submissions in the manner
contemplated by these Terms and You are also authorized to provide their ID documents for co-performer
verification, as required by agreement that You sign to participate in the Creators’ Program.
6.2.4. You signed with the Company the special agreement to participate in the Creators’ Program, which
shall include at least the following provisions:
6.2.4.1. You give the Company the right to reproduce, transmit, communicate, display, or distribute Your
submitted photographs, videos and content, on or as part of Our Site(s), on other Internet site(s), or
elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or
hereafter to become known;
6.2.4.2. You give the Company the right to reproduce Your photographs, videos and content in digital
form of display on the Internet (alone or in combination with other works, including, but not limited
to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and
hypertext links);
6.2.4.3. You give the Company the right to adapt, modify, or alter Your photographs, videos and content
or otherwise create derivative works based upon Your Content; and for all other reasonable promotional
or commercial uses either as part of the operation of Our Site(s), or as a promotion or operation of any
derivative or related businesses.
6.2.4.4. You understand that the license granted by You to Your submissions terminates within a
timeframe defined in the agreement that You sign to participate in the Creators’ Program.
6.3.
By submitting any content to the Site, You grant Us a worldwide, perpetual, irrevocable,
non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the content and materials in connection with the Site, Services,
and Our business, including without limitation for use with, training of and improving Our machine learning
and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative
or another type.
6.4.
Any of Your submissions are compliant with all applicable laws, including but not limited
to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide such documents as required upon Your
Verification and/or Content submission.
6.5.
Our Company respects the intellectual property rights of all parties and has implemented a
Copyright infringement / DMCA Policy
.
While Our Company is not based in the United States of America, We voluntarily comply to the provisions of the
Digital Millennium Copyright Act (“DMCA”). In addition, we have provided the ability to submit a notice of
copyright infringement to us in accordance with the provisions of the DSA. Our Copyright infringement/DMCA
Policy has a strict procedure for removing content that allegedly infringes upon intellectual property rights.
If you believe your intellectual property rights have been violated, please follow the procedure outlined in our
Copyright infringement / DMCA Policy
.
6.6.
The Site does not endorse any Member submission, and expressly disclaims any and all
liability in connection with Member submissions. The Site does not permit copyright infringing activities or
infringement of intellectual property rights on the Site, and reserves the right, without being obliged to do
so, to promptly, and without an obligation to provide any prior notice, remove all content and Member
submissions, if properly notified in accordance with Our Copyright infringement/DMCA Policy of copyright
infringements of a third party’s intellectual property rights. We reserve the right to terminate the member
access and/or privileges of repeat infringers.
6.7.
This Website reserves the right, but not the obligation, to assist You with the
safeguarding Your copyrights. In the event that any of Your Content is illegally uploaded on another platform,
website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a
report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter
notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our
Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You
maintain the right to use any means necessary to protect Your Content from copyright infringement.
6.8.
For the purposes of this section, “nudity” is the imagery of nude adults depicting female
or male genitalia, anus and/or fully nude close-ups of buttocks or uncovered nipples.
As an exception to the rule included in section 6.1. of these Terms, according to which only Verified Members
may submit material to Us, all Members may upload a main photo on the Site as an avatar using the “edit profile”
section. To upload a main photo as an avatar (main photo/s), the Member shall understand and warrant the
following:
6.8.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in
these Terms.
6.8.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly
available.
6.8.3. The Site does not permit any non-Verified Members to upload a main photo depicting any nudity,
erotic, drugs (the drugs themselves and the persons under influence of drugs), gore/blood, weapons, guns,
advertisement (URL, QR codes, telephone numbers), minors, and other inappropriate content defined at the
Company’s discretion.
The Company reserves the right to moderate all avatars (main photos) uploaded to the Site by Members in
order to verify the compliance with these Terms. Such moderation may be carried out with the assistance of
third parties that specialize in moderation and verification services. By uploading the avatar (main
photo/s), the Member authorizes the Company to transfer it to the third party for the purposes of moderation
and verification.
6.8.4. The avatar (main photo/s) must comply with this Agreement. If it does not, We reserve the right to
delete it without providing any prior notice and close Your account.
6.9.
We reserve the right, at our sole discretion and in compliance with applicable laws,
to identify and moderate content submitted to the Site that may be AI-generated or AI-manipulated
(including without limitation the content that maybe be AI-generated or AI-manipulated using all possible
tools and software) and label such content as potentially AI-generated or AI-manipulated.
Such content is subject to the same rules as any other content under these Terms and our other internal
rules and policies.
7. Stipulated Liquidated Damages:
7.1.
In various provisions in this Agreement, We have outlined liquidated damages amounts to be
applied as penalties against You if You violate these specific provisions. You specifically agree to pay these
amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the
actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith
attempt to calculate an appropriate compensation based on anticipated actual damages.
7.2.
For any breach of a portion of this Agreement that does not specifically state a
liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages
of one hundred euros (100 EUR) per occurrence. You specifically agree to pay this one hundred euros (100 EUR) in
liquidated damages.
8. Warranty Disclaimer
8.1.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SITE MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
8.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
8.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR SITE;
8.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN;
8.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
8.1.5. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
8.1.6. THE SITE RESERVES THE RIGHT TO DELETE ANY CONTENT OR LINK WITHOUT ANY NOTICE OR WARNING TO THE USER
WHO UPLOADED IT.
8.1.7. THE SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED
PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE SITE OR THROUGH THE SITE OR ANY LINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SITE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
9.1.
IN NO EVENT SHALL THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM
ANY:
9.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
9.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR SITE;
9.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN;
9.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
9.1.5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY
THIRD PARTY;
9.1.6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
9.2.
IN THE EVENT THAT YOU DO NOT SUPPLY THE SITE WITH YOUR E-MAIL ADDRESS AS A MEANS OF
COMMUNICATION, YOU SPECIFICALLY ACKNOWLEDGE AND WAIVE ANY CLAIM BASED ON THE SITE’S GOOD FAITH DISABLING OF
ACCESS TO, OR REMOVAL OF, MATERIAL OR ACTIVITY WHICH HAS BEEN CLAIMED TO BE INFRINGING, OR BASED ON FACTS OR
CIRCUMSTANCES FROM WHICH INFRINGING ACTIVITY APPEARS LIKELY, REGARDLESS OF WHETHER THE MATERIAL OR ACTIVITY IS
ULTIMATELY DETERMINED TO BE INFRINGING.
9.3.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
IN THE APPLICABLE JURISDICTION. THE SITE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR
USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION
AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.
9.4.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
9.5.
IN NO EVENT SHALL OUR MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES
EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES FOR A PERIOD OF NO MORE THAN ONE (1)
MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR TEN EUROS (10.00 EUR), WHICHEVER IS
GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnification:
10.1.
To the extent permitted by applicable law, You agree to defend, indemnify and hold
harmless the Site, its parent, subsidiary and affiliated corporation(s), their officers, directors, employees
and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and
expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Site;
(ii) Your violation of any part of these Terms and Conditions; (iii) Your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv) any claim that Your content
caused damage to a third party. This defense and indemnification obligation will survive these Terms and
Conditions and Your use of the Site.
10.2.
The provision of any services which are in violation of any laws is strictly prohibited.
If We suspect that You or any User has provided or intends to provide any services or material in violation of
any law, Your ability to use the Site and Services will be terminated immediately without any reimbursement of
any payment You may have made to Us. We have every right to voluntarily cooperate with law enforcement or
private aggrieved parties that We may be legally compelled to do so. We do hereby disclaim any liability for
damages that may arise from any User providing any material or services for any purpose that violates any law.
You do hereby agree to defend, indemnify and hold Us harmless from any liability that may be imposed on Us
arising from Your violation of any law – whether online or offline.
10.3.
You also agree to defend and indemnify Us should any third party be harmed by Your
illegal actions or should We be obligated to defend any claims including, without limitation, any criminal
action brought by any party.
10.4.
Our Site and Services contains material that may be offensive to third parties. You agree
to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You
agree to immediately cease review of the Site and use of the Services should You find them offensive.
10.5.
You agree to defend, indemnify, and hold harmless Company, its officers, directors,
shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any
and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and
accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting
from Your, or You under another person’s authority including without limitation to governmental agencies, use,
misuse, or inability to use the Site, Services, or any of the Materials contained therein, or Your breach of any
of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate
fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense
of such claim or defense at Our own expense, and choose Our own legal counsel, but are not obligated to do so.
10.6. This Service is for Amusement Purposes.
10.6.1. You understand and accept that Our Site and Services is an entertainment and a recreational service.
All Content depicts consenting models over the age of eighteen (18) or twenty-one (21) years of age,
depending on the age of majority in their jurisdiction, that have provided rights to the Site to publish the
content. All Content is provided for the amusement and entertainment of Our Members and Users.
10.6.2. Any User accessing Our Site in an effort to engage in or facilitate illegal or tortious activities
shall have their account and/or access to the Site and the Services subject to immediate cancellation, and
may be reported to the appropriate law enforcement authorities.
10.6.3. You understand and accept that if You attempt to contact other Members on the Site, all activities
or interactions resulting therefrom are solely of Your own volition. You understand and accept that no
communication between You and other Members is private because such communication may be disclosed by the
malicious actions of other parties who are part of such communication. You hereby specifically release Us
and all other Members from any liability for any privacy violations, defamation, publicity, false light, and
related torts, in the event that Your communications and/or profile are made public. Nothing contained in
this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this
Agreement.
10.6.4. We do not endorse, confirm, support, verify or validate the accuracy or the reliability of any of
the information posted by Members on this Site. This includes but is not limited to Member identity, text,
photographic images, videos, and any other content. You are encouraged to thoroughly inspect the credentials
and background of any person You have contact or communicate with via Our Site or Services.
10.6.5. You explicitly and expressly understand and agree that We assume no liability or responsibility,
financial or otherwise, for the truthfulness, accuracy, intent, motives, or behavior of anyone on this Site
or any of its affiliate sites. Your contact or communication with Members on this Site, and on any affiliate
sites if applicable, is at Your own risk. People use the Internet for various motives and intentions. It is
solely Your responsibility to verify the accuracy, truthfulness, good intentions, and motives of anyone that
You contact or communicate with on this Site. We are not responsible, nor liable for any aspect, legal or
otherwise, of any conversations, contact, or other information exchanged between Members online or offline.
10.6.6. When interacting with Members of this Site, do not provide any personal information to
individuals who can misuse that information to Your detriment. While the Site and Services may provide a
venue for the exchange of information, ideas, and even goods or services, they do not act as a guarantor
of the accuracy of such information or activity, and all Users/Members are encouraged to approach the
veracity of any communications or contact occurring as a result of the Site and Services with cautious.
10.7.
You hereby discharge, acquit, and otherwise release the Company, its parent company, its
agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations,
counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating
to the use of the Site and Services including, but not limited to, claims relating to the following:
10.7.1. Sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the
extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional
interference with contract or advantageous business relationship, defamation, privacy violations, publicity,
intellectual property, misrepresentation, any financial loss not due to the fault of the Site, missed
meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of
personal information, failed transactions, purchases or functionality of the Site, unavailability of the
Site, its functions and/or services and any other technical failure that may result in inaccessibility to
the Site, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the
Site and Services, including but not limited to fraud, theft or misuse of personal information, assault,
battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
10.7.2. The above list is intended to be illustrative only, and not exhaustive of the types or categories of
claims released by You. This release is intended by the Parties to be interpreted broadly in favor of Us,
and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This
release is intended to be a full release of claims, and the Parties acknowledge the legally binding nature
of this provision, and the nature of the rights given up in connection therewith.
11. Links and Linking:
11.1.
Some websites which are linked to the Site are owned and operated by third parties.
Because We have no control over such websites and resources, You acknowledge and agree that We are not
responsible for or liable for the availability of such external websites or resources, We do not screen or
endorse them, and We are not responsible for or liable for any content, advertising, services, products, or
other materials on or available from such websites or resources.
11.2.
You further acknowledge and agree that We shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on
any such third-party content, goods or services available on or through any such website or resource. If You
decide to access any such third party website, You do so entirely at Your own risk and subject to any terms and
conditions and privacy policies posted therein, and not by this Agreement or Our Privacy Policy, which is
incorporated into this Agreement by reference.
11.3.
Links to external websites (including external websites that are framed by the Site) or
inclusions of advertisements do not necessarily constitute an endorsement by Us of such websites or the content,
products, advertising, or other materials presented on such Site, but are for Your convenience.
11.4.
You hereby agree to hold Us harmless from any and all damages and liability that may
result from the use of links that may appear on the Site or via the Services. We reserve the right to terminate
any link or linking program at anytime.
12. Trademark Information:
12.1.
The name of the Site is considered a service mark owned by Us. We actively defend Our
intellectual property rights.
12.2.
Other manufacturers’ product and service names referenced herein may be trademarks and
service marks of their respective companies and are the exclusive property of such respective owners, and may
not be used publicly without the express written consent of the owners and/or holders of such trademarks and
service marks.
12.3.
You acknowledge and agree that We own all rights, title, and interest in and to all
trademarks, service marks, trade names, slogans, logos (past, current, and future), and other indicia of origin
that appear on or in connection with the Site and Services. You may not use, copy, reproduce, republish, upload,
post, transmit, distribute, or modify any of Our trademarks in any way without Our prior written consent.
We reserve the right to terminate Your account and take appropriate legal action if You violate this provision.
13. No Agency Relationship:
13.1.
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to,
or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind. The
rights and obligations of the Parties shall be limited to those expressly set forth herein.
14. Notice:
14.1. Notice.
Any notice required to be given under this Agreement may be provided by email to
a functioning email address of the party to be noticed, by a general posting on the Site, or by personal
delivery by a commercial carrier such as Federal Express or DHL. Notices by customers to Us shall be given by
electronic messages, unless otherwise specified in the Agreement.
14.2. Change of Address.
Either party may change the address to which notice is to be sent by
written notice to the other party, pursuant to this provision of the Agreement.
14.3. When Notice is Effective.
Notices shall be deemed effective upon delivery. Notices
delivered by overnight carrier (e.g., DHL or Federal Express) shall be deemed delivered on the business day
following mailing. Notices mailed by Mail, postage prepaid, registered or certified with return receipt
requested, shall be deemed given upon receipt. Notices delivered by any other method shall be deemed given upon
receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the
transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour
after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next
business day. Either party may, by giving the other party appropriate written notice, change the designated
address, fax number and/or recipient for any notice or courtesy copy, hereunder.
14.4. Refused, Unclaimed, or Undeliverable Notice.
Any correctly addressed notice that is
refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed
effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities,
messenger, facsimile machine, email server, or overnight delivery service.
15. Communication not Private:
15.1.
We do not provide any facility for sending or receiving private or confidential
electronic communications. All messages transmitted to Us or through Our electronic communications shall be
deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit
any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is
hereby given that all messages and other content entered into or on this Site or Services can and may be read by
the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such
messages for the purposes of effectively combating any illegal content. If You do not consent to this, You
should refrain from using any of Our electronic communications.
16. Force Majeure:
16.1.
We shall not be responsible for any failure to perform due to unforeseen circumstances or
to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood,
earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil
or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel,
energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking,
SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s
or Services’ performance.
17. Out-of-court dispute settlement:
17.1. Binding Arbitration.
If there is a dispute between the Parties arising out of or
otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve
the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as
otherwise provided herein, either party must submit the issue to binding arbitration in accordance with
applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not
limited to, contract and tort claims of all kinds, and all claims based on any national or international law,
statute, or regulation, excepting only intellectual property claims (including but not limited to claims
involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions
(regardless of the underlying cause of action) seeking injunctions, attachment, garnishment, and other equitable
relief. The arbitration shall be conducted in the Republic of Cyprus, in a convenient location agreed to by the
Parties, or in the absence of such agreement, selected by the Arbitrator appointed by the Parties. The
arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The
arbitrator shall be willing to execute an oath of neutrality.
17.1.1. The Arbitrator shall have no authority to vary or ignore the provisions of this Agreement. The
arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and
this Agreement shall be interpreted in accordance with the laws of the Republic of Cyprus. The arbitrator
shall render a written opinion setting forth all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY
MAY HAVE TO TRIAL, BY JURY OR OTHERWISE, IN REGARD TO ARBITRAL CLAIMS.
17.1.2.
No waiver of right to arbitration.
There shall be no waiver of the right to
arbitration, unless such waiver is provided affirmatively and in writing by the waiving party to the other
party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of
litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
17.2. Under Article 21 of the DSA, if You are located within the European Union, you also have the right to opt
for out-of-court dispute resolution concerning decisions referred to in article 20(1) of the DSA, including
unresolved complaints per our internal complaint-handling system (appeal system). You may select any certified
out-of-court dispute settlement body established in the Republic of Cyprus, capable of resolving disputes in the
English or Greek language. The right to opt for out-of-court dispute resolution is without prejudice to Your
right to initiate proceedings in a court, in accordance with applicable law.
18. Miscellaneous Provisions:
18.1.
These Terms and Conditions, together with the Privacy Policy and any other legal notices
published by Us on the Site, shall constitute the entire agreement between You and Us concerning the Site. If
any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term, and the Site's failure to assert
any right or provision under these Terms and Conditions shall not constitute a waiver of such right or
provision. The Site reserves the right to amend these Terms and Conditions at any time and without notice, and
it is Your responsibility to review these Terms and Conditions for any changes. Your use of the Site following
any amendment of these Terms and Conditions will signify Your assent to and acceptance of its revised terms.
18.2. Assignment.
The rights and liabilities of the Parties hereto will bind and inure to the
benefit of their respective assignees, successors, executors, and administrators, as the case may be.
18.3. Severability.
If, for any reason, a court of competent jurisdiction or an arbitrator
finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be
enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and
effect.
18.4. No Waiver.
No waiver or action made by Us shall be deemed a waiver of any subsequent
default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation
of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed
from this Agreement.
18.5. Headings.
All headings are solely for the convenience of reference and shall not affect
the meaning, construction or effect of this Agreement.
18.6. Complete Agreement.
This Agreement constitutes the entire agreement between the Parties
with respect to Your access and use of the Site, Services and the Materials contained therein, and Your use of
the Site and Services, and supersede and replace all prior understandings or agreements, written or oral,
regarding such subject matter.
18.7. Governing Law.
This Agreement shall be subject to and construed and interpreted in
accordance with the laws of the Republic of Cyprus, without regard to its conflict-of-laws provisions.
18.8. Other Jurisdictions.
We make no representation that the Site, Services or any of the
Materials contained therein are appropriate or available for use in other locations, and access to them from
territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site
and Services from such locations do so on their own initiative and are solely responsible for determining
compliance with all applicable local laws.
Appendix 1 to the Agreement
Terms and Conditions of Referral Program for Verified Members
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF REFERRAL PROGRAM FOR VERIFIED MEMBERS (THE “TERMS”) CAREFULLY
BEFORE PARTICIPATING IN THIS PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE TO ALL TERMS OF
THE REFERRAL PROGRAM AND ALL GENERAL TERMS AND CONDITIONS OF THE SITE (https://xhamster.com/info/terms).
The Company offers You an opportunity to earn rewards by inviting new Verified Members to the Site. Your
participation in Our Referral Program for Verified Members ("Referral Program" and/or “Program”) can help You to
earn rewards in case You follow the Terms.
We reserve the right to terminate the Referral Program at any time and for any reason. The Program is
administered by the Company, which may outsource certain elements of administration to third parties.
These Terms are applicable to new Verified Members’ participation in the Referral Program. By participating in
the Referral Program, Verified Member (“You”) agrees to use the Referral Program as outlined herein, and
consistent with any other terms We may apply to the Referral Program. If You do not agree to these Terms in
their entirety, then You cannot participate in the Referral Program.
1. SCOPE OF REFERRAL PROGRAM
1.1. The Referral Program shall apply to a Verified Member that decided to refer others to register on the Site,
as Verified Members, (hereinafter, the “Referrer”) and to the person (natural person and/or legal entity) that
is referred by the Referrer to the Site (hereinafter, the “Invited Member”).
1.2. The Referral Program provides each Referrer with the ability to earn rewards in case the following
conditions are met:
1.2.1. Referrer shall become a Verified Member as defined in General Terms and Conditions of the Site -
https://xhamster.com/info/terms (the “General Terms”).
1.2.2. After the Referrer’s successful and finalized registration as a Verified Member, the Referrer will
receive a Referral Link (which is unique and personalized) via personal profile on the Site. Referral Link
is a unique code that allows the Company to track that the Invited Member was invited by the Referrer.
1.2.3. Referrer may share the Referral Link with any natural person or legal entity via any available
sources of communication, e.g. via social media, e-mails, websites. Referrers must comply with all
applicable laws and regulations and may not make any unlawful and/or unsolicited actions during the sharing
of the Referral Link. The Referrer must comply with up-to-date electronic communication and direct marketing
laws and regulations, which may include the laws of the jurisdiction where the intended Invited Member
resides. Any distribution of the Referral Link that could constitute unsolicited commercial email or spam
under any applicable law or regulation is expressly prohibited and will constitute grounds for immediate
termination of Your account and exclusion from Referral Program. The Company reserves the right to
automatically disqualify suspicious Referrals.
1.2.4. The Invited Member shall only be a natural person or legal entity that is new on the Site and that
has never been registered on the Site. The Referrer may not receive any income from the Invited Member that
was registered as a Verified Member on the Site prior to receiving the Referral Link from the Referrer. The
Referrer shall not receive any income from rejected or incomplete registration attempts by the Invited
Member.
1.2.5. The Invited Member shall register as a Verified Member in accordance with the General Terms via
Referral Link of the Referrer. We shall not pay any reward to the Referrer if the registration as Verified
Member of the Invited Member was made without the Referral Link. It is an obligation of the Referrer to
provide the Invited Member with the Referral Link, and We bear no responsibility if the registration as
Verified Member was made without such Referral Link.
1.2.6. The Referrer may receive five percent (5%) of the total income, which the Invited Member will receive
from the Company during the twelve (12) months after the registration as a Verified Member. The Company, at
its sole discretion, reserves the right to define sources of income of the Invited Member that will count
towards calculation of the Referrer's reward. The Company will place such sources and Referrer's reward on a
special web page available for the Referrer.
1.2.7. The duration of the Referral Program is twelve (12) months after the registration of the Invited
Member as a Verified Member. The duration of the Referral Program starts from the date of the creation of
the account by the Invited Member (not from the date of verification of this account, not from the upload
date of its first uploaded video, etc.).
1.3. The Referrer may not earn more than $50,000 (Fifty Thousand US dollars) for one Invited Member for the
whole duration of the Referral Program.
1.4. To raise the possible reward of the Referrer, the Company may collaborate with third-party service
providers. In such a case, if the Invited Member registers on the website(s) of third-party service providers,
then the Invited Member’s latter registration will be automatically linked with the Referrer for the purpose of
receiving an additional reward. In case that such interaction increases the income of the Invited Member, the
Referrer will be awarded with an extra reward.
The following rules are applicable for the Referrer and for the Invited Member in connection with the said
third-party service providers:
— The duration of the Referral Program starts from the date of the creation of the account by the
Invited Member on the Site or on the website(s) of the third-party service providers, depending on which
action occurred first.
— You give Us the right to transfer Your personal data to the said third-party service providers, in
accordance with Our Privacy Policy.
— At the same time, We do not own and/or operate the third-party service providers’ website(s). You
acknowledge and agree that We are not responsible or liable for the availability of such external websites
or resources, do not screen or endorse them, and are not responsible for or liable for any content,
advertising, services, products, or other materials on or available from such websites or resources. In
addition, Your business dealings or correspondence with such third parties are solely between You and the
third parties. We encourage You to read the terms and conditions and/or privacy policy of the said
third-party service providers carefully prior to entering legal relationships with them.
2. PAYMENT TERMS
2.1. Company is obliged to pay the Referrer a fixed income share percentage of the Invited Member in case the
procedure described in the Terms was met.
2.2. The precise amount payable shall be disclosed to the Referrer via the special web page with the Referrer’s
reward statistics.
2.3. The Company reserves the right to cancel or change the payment methods available to Referrers, the timing
of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion,
without prior notice. You acknowledge and agree that it is Your responsibility to review the Site periodically
for any changes to the payment terms.
2.4. The Company reserves the right to determine the manner in which payments shall be processed. Payments shall
be usually made on a monthly basis if another term is not specified separately by the Company.
2.5. You acknowledge and agree that the Company is not responsible for any currency conversion charges or fees
You may incur, or for any fluctuations in the respective value, if any.
2.6. It is Your responsibility to determine which, if any, taxes apply to the payments connected with the
Referral Program, and it is Your responsibility to report and remit the correct tax to the appropriate tax
authority. You agree that the Company is not responsible for determining whether taxes apply to Your payments in
connection with the Referral Program and does not act as Your tax agent.
2.7. The Company reserves the right to monitor the actions of the Referrer in order to define whether the
Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case
the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may impose
fines and other kinds of legal liability to the Referrer, including, without limitation, the withholding of
earned rewards of the Referrer.
3. ELIGIBILITY
3.1. To participate in the Referral Program the Referrer must meet the following criteria:
3.1.1. The Referrer must be at least eighteen (18) years old or twenty-one (21) years of age, depending on
the age of majority in his/her jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR
PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
3.1.2. The Referrer must finish the registration as a Verified Member according to the General Terms.
3.1.3. The Referrer must have full power and authority to enter into this legal relationship, and by doing
so will not violate any other legal relationships.
3.1.4. The Referrer must ensure that the Invited Member is at least eighteen (18) years old or twenty-one
(21) years of age, depending on the age of majority in their jurisdiction, according to Invited Member’s
relevant jurisdiction and that the Invited Member is registered as a Verified Member.
3.1.5. The Referrer and the Invited Member must fully comply with the General Terms.
3.1.6. The Referrer must not use any illegal content, ways and/or actions to attract Invited Members to
register on the Site. In the event that We believe, at Our sole and absolute discretion, that the Referrer
violates these Terms and General Terms, Your account with the Company will be immediately terminated, and
all rewards that would have otherwise been payable to You hereunder will be deemed surrendered by You in
partial payment of the damages for Your breach.
3.1.7. The Referrer must not engage in any type of spamming. No spamming of any kind or in any form,
whatsoever, is permitted in relation to Referral Program.
4. MISCELLANEOUS PROVISIONS
4.1. In case any definition within these Terms is not defined, it shall be understood as it appears in the
General Terms.
4.2. All terms and conditions of the General Terms shall be applicable to the Referral Program, unless otherwise
is specified in these Terms.
4.3. Referrer’s participation in the Referral Program does not authorize the Referrer to act on Our business’,
its parent’s or their respective affiliates’ behalf. Nothing herein is intended or will be construed to
constitute or imply a joint venture, employer-employee relationship, partnership, or association between
Referrer and the Company, its parent or their respective affiliates. By participating in the Referral Program,
the Referrer acknowledges that he/she participates at his/her own risk and as an independent contractor, and
that the Company is not directing how the Referrer fulfils its obligations hereunder.
4.4. By participating in the Program, You agree to and will indemnify and hold Company, its parent, and their
respective affiliates harmless from and against any and all damages, costs, expenses, claims, or liabilities of
any kind, including third party claims, whether pending or threatened, including without limitation, attorneys’
fees and court costs, incurred by any of them arising out of or related to Your participation in the Program or
breach of these Terms.
4.5. The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or
failures of operations. The Company reserves the right to close the account(s) of any Referrer and/or Invited
Member and to request proper payment if the Referrer and/or Invited Member attempts to use the Referral Program
in a questionable manner or breaches any of these Terms or is in violation of any law, statute, or governmental
regulation. All of the Company’s decisions are final and binding.
4.6. The Company reserves the right to cancel the Referral Program or to change these Terms at any time and at
its sole discretion. The Program is subject to modification or termination at any time without notice, at the
Company’s sole discretion.
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