Terms & Conditions
Terms and Conditions/ User Agreement
Last Modified: June 4, 2024
Sites Covered: https://bhvid.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 Youruse of Our Site(s) and the Services contained therein. You should, therefore, take sometime to read the Agreement carefully.
Our Site features content that is published by independent third parties, and We do notexercise control or maintain direct association with this content. We refrain fromintervening in disputes between third parties and others, and We do not facilitatecommunication between them. Consequently, it is highly recommended that Youexercise 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 inOur advertisements and commercial communications before making any decisions. Weare 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 thirdparties, 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 anysuch activities or using our services.
If You have any questions about Our Agreement or policies, or if you wish tocommunicate with us, please feel free to contact Us through our Contact us / Singlepoint of contact. Please note that you can use English or Greek to contact us. OurContact us / Single point of contact can be used by any individual, legal entity, trustedflaggers, recipients of the service and/or authorities (including EU Member Stateauthorities, 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://bhvid.com/ Website. “Company” has themeaning defined in this Agreement. When first-person pronouns are used in thisAgreement, (Us, We, Our, Ours, etc.) these pronouns are referring to the Companyand/or to any other sites that We may choose to operate in the future. Additionally, whenthe terms “the Site” or “Site” or the “Website” are used, these terms refer tohttps://bhvid.com/, any predecessor or successor domain or URL, along with anywebsite published by Us, unless a site is specifically exempt from this Agreement. OurSite(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 websitecontent owned, operated, licensed, or controlled by the Company (collectively referredto as the “Materials”).
1.1.2. You, the User. As the User of this Site and/or Services, this Agreement will referto 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 applicablesecond-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 inYour jurisdiction.
1.1.3. User vs. Member vs. Verified Member. For the purposes of this Agreement, allMembers and/or Verified Members are Users, but not all Users are Members. ThisAgreement applies to all Users whether they are Members or not. You become a Userby accessing this Site or the Services in any way, therefore You need not become aMember of the Site to have this Agreement applied to You. You are not considered aMember, as defined by this Agreement, until such time as You have submitted Your
online account Registration (hereinafter “Registration”). You become a Member byregistering with the Site for a User ID and password, as required by the Registration, asdiscussed below, or by enabling and registering with other available means ofregistration defined in Our Website. Registration is available without the provision ofYour e-mail address. Also, registration is available via “Sign up with Google '' function,which is available on the registration page of the Site. You are not considered a VerifiedMember, as defined by this Agreement, until such time as You have submitted Youronline application to participate in Our Creators’ Program (hereinafter “Verification”),subject to these Terms and the Creators’ Program Terms. You become a VerifiedMember once Your application has been reviewed by Us and Your online account hasbeen 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 havesigned this Agreement. Such signature does not need to be a physical signature, sinceelectronic acceptance of this Agreement is permitted by the Electronic Signatures inGlobal and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of theEuropean Parliament and of the Council of 23 July 2014 and similar federal and statelaws. YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENTBY TAKING ANY ACT DEMONSTRATING YOUR ASSENT THERETO. Most likely, Youhave clicked or will click a button containing the words “I agree”, “Sign Up” or somesimilar 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 YOUPLACING YOUR PHYSICAL SIGNATURE ON ANY OTHER LEGAL CONTRACT. IfYou click any link, button, or other device provided to You in any part of Our Site’sinterface, 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 uploadingYour 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 inthis Agreement.
1.2.2. If You fail to sign this Agreement, You understand that You are an unauthorizeduser of the Site and Services. No act or omission by Us should be interpreted as awaiver of the requirement that You assent to this Agreement. If You fail to do so, You arestill bound by the terms of this Agreement by virtue of Your viewing of the Site or usingany portion of the Site or Our Services.
1.3. If You are seeking information regarding any illegal activities, You must leave thisSite immediately and do not attempt to use the Services. You acknowledge that You areaware of the community standards in Your community, and You will only access thecontent on the Site and/or use the Services if You believe that the content on the Sitedoes 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 thelaws 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 orchanges to this Agreement are in force and enforceable immediately upon posting. Anyupdated or edited version supersedes any prior versions immediately upon posting, andthe prior version is of no continuing legal effect unless the revised version specificallyrefers to the prior version and keeps the prior version or portions thereof in effect. If anyamendment of this Agreement is deemed ineffective or invalid by any court, You andWe (collectively, the “Parties”) agree that the prior, effective version of this Agreementwill 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 “lastmodified” date at the top of this Agreement so that it is immediately apparent that Wehave updated the Agreement. The Agreement is located athttps://bhvid.com/posts/terms-and-conditions and a link to the Agreement is also at thebottom of the home page of the Site under “Terms & Conditions”. You agree toperiodically re-visit this web page, and to use the “refresh” button on Your browser whendoing so. You agree to note the date of the last revision to this Agreement. If the “LastModified” 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 lasttime You read it. If the “Last Modified” date has changed, then You can be certain thatsomething in the Agreement has been changed, and that You need to re-review it inorder to determine how Your rights and responsibilities may have been affected by therevisions.
1.5.3. Waiver. If You fail to periodically review this Agreement to determine if any of theterms have changed, You assume all responsibility for Your failure to do so and Youagree that such failure amounts to Your affirmative waiver of Your right to review theamended terms and We shall not be held responsible.
1.6. Incorporations by Reference. Although this Agreement represents the primaryterms and conditions of service for Our Site, additional guidelines and rules are herebyincorporated by reference. The document(s) which can be found on Our Site, and whichare specifically incorporated by reference, and are therefore part and parcel of thisAgreement include the following:
1.6.1. Privacy Policy (available via https://bhvid.com/posts/privacy-policy);1.6.2. Cookie Policy (available via https://bhvid.com/posts/cookies-policy );1.6.3. Copyright infringement / DMCA Policy (https://bhvid.com/posts/dmca);
1.6.4. Trust and Safety (https://bhvid.com/posts/trust-and-safety); which describes ourapproach to moderation practices, content upload requirements, and technical andorganizational 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 Weare providing You is access to Our Services as We provide them from time to time. Youneed to provide Your own access to the Internet, and any Internet access or other feesthat You incur to access Our Site and use Our Services are Your sole responsibility. Weare not providing any hardware or software to You – and You need to purchase orlicense the necessary hardware and software to access the Site and Services. ThisAgreement 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 writtenauthorization;
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 accesscertain features of the Site and Services, You must either register as a Member of theSite 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 theRegistration (such information being the “Registration Data”); and You further agree tomaintain and promptly update the Registration Data to keep it true, accurate, currentand 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 uniqueusername and password which You must enter in order to gain access to the non-publicsections of the Site (for instance, to Your own account on the Site). You may also obtainaccess to the non-public sections of the Site if You registered on the Site via the “Signup with Google or X” function.
At the same time, under clause 1.1.3. of the Agreement, registration on the Site isavailable without the provision of an e-mail address, that is why We encourage You toremember Your username and password to be able to enter into Your account and tothe non-public portions of the Site. If You want to be able to recover Your account, thenYou are strongly advised to provide Us with an e-mail address, which can be used forYour verification in case You either forget Your username or password, or You will wantto deactivate Your account. You can provide an e-mail address either upon registration,or at a later stage through the “update profile” section, available in the following link:https://bhvid.com/account/settings . To recover Your password, You may use thededicated page in Your account. However, if You do not provide Your e-mail addressand You forget Your username or password, then We will be unable to confirm that suchaccount 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 editingYour 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 namewhich 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 usernameor 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 becomea Community User by submitting a photographic image containing Your face and ahandwritten text of Your username and “bhvid.com”. If You comply with requirementsdescribed herein, You will receive a special mark that confirms Your status asCommunity User.
2.2.4. Verified Member. This option is available for all Members, and it is offered for thepurpose of allowing Members to activate the Creators’ Program features, including butnot limited to, uploading Content to the Site. Member’s verification means that suchUser’s documents (documents containing Your full legal name, picture, date of birth andother identifying features such as Your address) and data have been verified by athird-party service provider as engaged by Us from time to time. We do not accept anyliability for the services provided by such third-party service providers. All dataprocessing is done pursuant to Our Privacy Policy and the third-party service provider’sprivacy policy. We may request additional documents from a Member for Verification toestablish Your age and identity both prior and after the Verification, and We may alsochange the number of documents requested from Members from time to time at Oursole discretion. Types of documents accepted for Verification purposes are not thesame for everyone and are set, between Us and the service provider, on a country basisand may include one or several of the following: national ID, national passport,international passport, citizenship card, state ID, driver’s license (only for countrieswhere a national ID or passport is not mandatory). We reserve the right to review all andany verification results received from the service provider engaged at a time and renderOur 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 notreflect 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 Membersare in no way endorsed by the Site or its agents and have not been subjected to anyscreening process except as described above in this provision. Therefore, Wespecifically disclaim any and all liability associated with any communication, both onlineor 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 otherwisepermitted by Us in writing.
2.2.7. You are solely responsible for the activity that occurs on Your account, and Youmust keep Your account password secure. You must notify the Site immediately of anybreach of security or unauthorized use of Your account.
2.2.8. In circumstances where any national or state law or any other jurisdictionimplements a regulation that requires the age verification of Users, the Company mayrequire the User to confirm their legal age. Such confirmation may be carried out withthe assistance of third parties who provide verification services. By proceeding withsuch verification, the Member authorizes the Company to transfer their personal data tothe 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 ofany kind. Any premium memberships or subscriptions made available via the Site areprovided in part or entirely by third parties, regardless of any branding or namesassociated with such memberships. The Site is not responsible for the activities of anythird party or the content of any third party site, including a third party’s use of cookiesor 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 theiradvertisements. 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, offeredor sold on the third party site, or as an indication that such sites are free from computerviruses or anything else that has destructive properties. You are responsible forreviewing 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, asmandated under article 27 of the Digital Services Act (the "DSA"). To learn more aboutthe main parameters used as well as any options for you to influence those mainparameters of our recommendation system, please visit our EU DSA page herehttps://bhvid.com/posts/eu-dsa .
2.2.11. A verified Member has the right to participate in Our Referral Program, as it isdescribed 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 profilesettings. Then click on "Disable account", enter Your password and then click the"Deactivate account" option. This Agreement's provisions shall survive any deactivationor termination, unless otherwise stated. Upon Our processing of Your request, You willno 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 toclose Your account and make it publicly unavailable and it is not to delete any or all ofYour Content and account permanently. After a deactivation, Your account may only berestored if You had provided Us with an e-mail address and only in cases where suche-mail address has been verified. After six (6) months, deactivated User accountswithout any uploaded content that have not been reactivated, may be permanentlydeleted at the sole discretion of the Company.
In accordance with Our Privacy Policy, You also have the right to delete Your accountand all information that We store about You permanently. The possibility to delete youraccount may be available to you in your profile settings (click on "edit profile" and thenselect the "Disable account" option). Alternatively, You may use Our Contact Supportlink https://bhvid.com/posts/contact-support .
2.3.2. Without limiting other remedies, We may temporarily or indefinitely suspend, orterminate Your access and use of the Site and Services at any time, with or withoutadvance notice, if:
2.3.2.1. We believe, in Our sole discretion, that You have breached any material term ofthis 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 forYou, Our Users or Us; or
2.3.2.4. We decide to cease operations or to otherwise discontinue any services oroptions 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 liableto 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 regainaccess to the Site, using the same or different username, without a prior written consentfrom Us.
2.3.5. In order to maintain the integrity of the Site and Services, fulfill the terms of theAgreement 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 reasonablyrequired 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 Usdirectly.
2.3.7. If You provide any information that is untrue, inaccurate, not current orincomplete, or if We or any of Our authorized agents have reasonable grounds tosuspect that such information is untrue, inaccurate, not current or incomplete, We havethe right to suspend or terminate Your account and refuse any and all current or futureuse of the Site and Services by You, as well as subjecting You to criminal and civilliability. If applicable, You are responsible for any credit card charge-backs, dishonoredchecks and any related fees that Site incurs with respect to Your account. If You fail toreimburse Us for any credit card charge-backs, dishonored checks, or related feeswithin thirty (20) days of Our initial demand for reimbursement, You agree that You willpay Us one hundred euros (150.00 USD) in additional liquidated damages as well asany costs incurred by Us for each fee incurred.
2.3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entryand use of the Site. If a User fraudulently obtains access, the Site may terminatemembership immediately and take all necessary and appropriate actions underapplicable national and international laws.
2.4. Fraudulent Use of:
2.4.1. Stolen Cards: We take credit card fraud very seriously. If we suspect that aMember has used a stolen or fraudulent credit card, this will result in the notification ofthe 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 anyMember has used a stolen or fraudulent ID in the process of Member verification orco-performer verification pursuant to Creators’ Program features, this will result in thenotification of the appropriate law enforcement agencies and termination of suchMember’s account.
2.5. You agree that Your Content will comply with all provisions set forth in thisAgreement. Your Content includes any text, images, video, blog posts, forumcomments, or other content or media uploaded or otherwise provided by You for Us tomake 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 Sitefor the personal, non-commercial use by Users of the Site. Users of this Site aregranted a single copy license to view Materials.
2.7. All Materials and Services available on the Site shall be for private, non-commercialuse 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 notallowed, unless it is expressly authorized in writing by Us, or You and We have signedseparate agreement about such presence. We reserve the right to pursue vigorous legalaction against unauthorized login by business and commercial entities.
2.8. We reserve the right to limit the amount of Materials viewed. You agree to preventany unauthorized copying of the Site, or any of the Materials contained therein. Anyunauthorized use of the Site or any of the Materials contained therein terminates thislimited license effective immediately. This is a license to use and access the Site for itsintended 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 timeif You breach or violate any provision of this Agreement, in which case You will beobligated to immediately destroy any information or Materials You have downloaded,printed or otherwise copied from this Site. Violators of this limited license may beprosecuted 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 betemporarily interrupted. From time to time, certain features of the Site, such as the Site’semail system, may not be available for use due to technological and other factors. Fromtime to time, access to the Site and the ability to log into the Site may not be availabledue to technological and other factors. You agree to hold Us harmless against anyinterruption of service.
2.10. Agreement to Receive Notifications and Other Communications. We reserve theright to send electronic mail or other notifications to our Users and Members. For someof these notifications, You have the right to unsubscribe from. The purpose of this mayinclude 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 otherinternal rules of the Company.
2.11. Restriction of services. This Agreement contains different provisions which outlinethat certain behaviors or violations may result in the restriction of Our services. As ageneral 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 takeimmediate 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 Ourservices 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 tosuspend, for a reasonable period of time, the processing of notices and complaintssubmitted through Our notice and action mechanisms (available via Contact us / Singlepoint of contact) and internal complaints-handling systems (appeal procedure which isalso available via Contact us / Single point of contact) if they are frequently found to bemanifestly unfounded. Prior to suspension, a warning will be provided to thecomplainant, depending on the severity of the violation.
2.12.3. Assessment Criteria. When determining whether suspension is warranted underparagraphs 2.12.1. and 2.12.2. above, We will assess the behavior of the User on acase-by-case basis. This assessment will be conducted in a timely, diligent, andobjective manner, taking into account the following circumstances:
2.12.3.1. The absolute numbers of manifestly illegal content or manifestly unfoundednotices or complaints submitted within the last year.
2.12.3.2. The relative proportion thereof in relation to the total number of items ofinformation provided or notices submitted within the last year.
2.12.3.3. The gravity of the misuses, including the nature of illegal content and itsconsequences.
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 rightto appeal decisions made by Us through our internal complaint-handling system. Thissystem allows You to lodge complaints against decisions related to content removal orvisibility, service suspension, account termination, or monetization restrictions. You canutilize the appeal system within six (6) months of receiving the statement of reasonsabout Our decision, using Our Contact Support page herehttps://bhvid.com/posts/contact-support . Once We receive Your appeal, Ourresponsible 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 andwarrant that You are at least eighteen (18) or twenty-one (21) years of age, dependingon the age of majority in Your jurisdiction, and that You have the legal capacity to enterinto this Agreement. If You are not at least eighteen (18) or twenty-one (21) years ofage, depending on the age of majority in Your jurisdiction, You must exit the Siteimmediately 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 misrepresentationsregarding a User’s age.
3.1.2. You represent and warrant that You will not allow any minor(s) to access this Siteor Services. Users should implement parental control protections, such as computerhardware, software, or filtering services, which may help Users to limit minors’ access toharmful material. You acknowledge that if Your computer or mobile device can beaccessed by a minor, that You will take all precautions to keep Our Materials from beingviewed 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 childrenor wards.
3.2. WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIALINVOLVING MINORS AND HAVE A ZERO TOLERANCE POLICY REGARDINGPEDOPHILES OR ANY PEDOPHILIA ACTIVITY. ANY ATTEMPT TO UPLOAD SUCHCONTENT WILL IMMEDIATELY BE REPORTED TO THE APPROPRIATE LAWENFORCEMENT 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 materialinvolving 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 eventthat this such a situation occurs. If You come across any questionable content, reportthis 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 betaken.
3.2.5. If such exceptional situation occurs, We shall cooperate with the appropriatelaw-enforcement agency of the relevant jurisdiction. If You suspect other third-partywebsites participating in any unlawful activities involving minors, please report them toYour local law-enforcement agency. You may also report them to ASACP.org:https://www.asacp.org/
3.2.6. We are committed to making the use of Our Site a safe and pleasant experiencefor Our Members, and We are committed to combat any kind of illegal content, includingbut 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 Membercorrespondences, Materials, Content, profiles and forums within the Site, which includethe usage of any communication system offered via the Services. To effectively combatany illegal content which may appear in a Member’s communication, You agree to suchaudits 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 preventminors under Your care from accessing any harmful or inappropriate materials. Youagree not to allow minors to view any such content, and You agree to take responsiblemeasures to prevent them from doing so. Numerous commercial online safety filters areavailable which may help users limit minors' access to harmful or inappropriatematerials. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You canresearch such services at websites such as: https://www.getnetwise.org/,https://www.child-internet-safety.com/internet_filters.php orhttps://bhvid.com/posts/parental-controls , among others.
Please note that We make no representation or warranty regarding any of the productsor services referenced on such sites, and We recommend that You conduct appropriatedue diligence before purchasing or installing any online filters. You agree to takeparticular steps to prevent minors from viewing Our Site or the content received via OurServices if Your computer or mobile device can be accessed by a minor. Finally, Youagree 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 oraccessed 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 otherinformation, 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 constituteexpressive content that, amongst other laws and regulations, may be fully protected bythe article 11 of Charter of Fundamental Rights of the European Union, and other similarlegal principles.
4.3. You acknowledge and understand that some or all of the Content and Materials onOur 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 areaware of the nature of the Content and Materials provided by or through the Site andthat You are not offended by such Content and Materials, and that You access the Siteand 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, whetherposted publicly or transmitted through Our messaging services or the messagingservices of third parties, are the sole responsibility of the party from whom the Contentor Materials originated. This means that You are entirely responsible for any and allcontent that You upload, post, transmit, e-mail, message, or otherwise publish or makeavailable via Our Services. We are not always able to control the Materials posted onthe Member profiles, forums, or any other User communications, and as such We do notguarantee the accuracy, integrity, quality, or any other aspect of such posted Materialsor 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 liabilityin any way for any Content and/or Materials posted by, uploaded by or transmitted byOur Members, verified or not.
4.5. We respect the intellectual property rights of all parties, and have adopted a policyregarding the protection of intellectual property and, where necessary, we will terminateaccounts of the repeat copyright infringers under the Digital Millennium Copyright Actand DSA.
4.6. We further reserve the right, at Our sole discretion, to delete any content violatingthe terms within this Agreement. We may delete any Content or Materials includingpictures, videos, messages, forum posts, or profiles that are deemed, at Our solediscretion, to be illegal, immoral, offensive, or in violation of the letter and spirit of thisAgreement and the purpose of the Site. Further, all Content submissions may be madeby Verified Members only and are subject to mandatory preview as well as to the Site’scommunity 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 expresslypermitted and contemplated by this Agreement. You may not use the Site and Servicesfor any other purposes, including any commercial purposes, without Our express priorwritten consent.
5.2. You are strictly prohibited to:
5.2.1 Upload, post, or otherwise make available any files or products that containimages, 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 necessaryconsents;
5.2.2. Upload, post, or otherwise make available any submission that is unlawful,harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive ofanother's privacy, hateful, or racially, ethnically or otherwise objectionable. Thisincludes, 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 anexhaustive 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 involvinganimal cruelty;
5.2.5. Impersonate any person or entity, or falsely state or otherwise misrepresent Youraffiliation with a person or entity;
5.2.6. Forge headers or otherwise attempt to disguise the origin of any submissiontransmitted through the Site;
5.2.7. Upload, post, or otherwise make available any submission that You do not have aright to transmit under contractual or fiduciary relationships. This includes, for example,any inside information, proprietary and confidential information learned or disclosed aspart of employment relationships or under non-disclosure agreements;
5.2.8. Upload, post, or otherwise make available any unsolicited or unauthorizedadvertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, orany 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, ordisobey any requirements, procedures, policies or regulations of networks or third partyproviders connected to, or providing the Site;
5.2.10. Intentionally or unintentionally violate any applicable local, state, national orinternational 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 theuse 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 viathe Services, except as expressly provided elsewhere;
5.2.14. Create any derivative works based on Our Site, or on any of the Materialscontained therein, or received via the Services. You agree and stipulate that any and allderivative works are NOT considered “fair use”;
5.2.15. Use Our Site or Services, or any of the Materials contained therein, for anypublic display, public performance, sale or rental. You hereby agree and stipulate thatany 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 orreceived through the Services. You hereby agree and stipulate that any and all suchuses are NOT considered “fair use”;
5.2.17. Remove any copyright or other proprietary notices from Our Site or any of theMaterials contained therein;
5.2.18. Frame or utilize any framing techniques in connection with Our Site or any of theMaterials 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 marksowned by Us is an infringement upon Our trademark rights, and You stipulate toliquidated damages of ten thousand dollars (10,000 USD) per such infringement, plusYou agree to pay any and all fees incurred in the recovery of this amount, includingattorney’s fees and all associated costs;
5.2.20. Circumvent any encryption or other security tools used anywhere on the Site orin conjunction with the Services. This includes actions such as the theft of usernamesand passwords or using another person’s username and password to gain unauthorizedaccess 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 Servicesor any of Your rights to access and use the Materials or Services, as granted specificallyby this Agreement;
5.2.22. Use Our Services for any commercial purpose, unless expressly agreed to byUs in writing and at Our sole discretion. Without such consent by Us, Your use of theSite and Services is strictly for personal use only;
5.2.23. Share any information provided to You by another Member, unless such Memberhas given You permission to do so;
5.2.24. Use any material or information, including images or photographs, which aremade 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 theoperation 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, orreasonably should know, cannot be legally distributed in such manner;
5.2.27. Falsify or delete any author attributions, legal or other proper notices orproprietary designations or labels of the origin or source of software or other materialcontained 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 anythird party;
5.2.30. Unless expressly permitted by Our company, post advertisements or solicitationsfor 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 unsolicitedmessages (commercial or otherwise);
5.2.32. Organize and/or participate in any funds transfer or any asset transferarrangement 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 anyMember that You encounter on this Site;
5.2.34. Harvest or otherwise collect information about others, including e-mailaddresses or other personally-identifiable information;
5.2.35. Create a username, that consists only of keywords and categories, that areusually used for search optimization in the industry. It is also prohibited to exploit searchengine optimization in order to obtain more views and popularity of Your profile andinterfere the work of the Company’s search optimization;
5.2.36. Create a false identity, including misrepresented real age, location, country ofresidence, country of origin, religion, height, weight, and any other item of personaldescription for the purpose of misleading others;
5.2.37. Provide personal contact information, such as email address, telephonenumbers, street address or similar personally-identifying information in Your Memberprofile or any other publicly-viewable posts.
5.3. Restrictions on Interactive Communication Mediums. The Site is intended to act asan avenue of communication and provide enjoyment to its Members. The Site maysupply various opportunities to its Members to facilitate such communication via forums,discussion boards, blog-type publications, commenting features and other interactivechat capabilities.
5.3.1. Fraud and Scam Warning. The Site has no way of determining the validity of anycommunication that You receive from another Member or the legitimacy of the personbehind such communications. You expressly understand and agree that if any otherMember or individual You are in communication with on this Site requests money fromYou for travel assistance, medical assistance, subsistence or for any other reason, it ishighly likely a scam or a fraudulent scheme and You are at a very high risk of beingdefrauded. We strongly suggest reporting this along with the username of therequesting Member immediately using our Contact us / Single point of contact andreporting this to Your local law enforcement authorities.
Please be advised that the reference to the “Company” in this section and throughoutthe 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 byUsers. We may delete any Content contained within, including but not limited to, thecommunication mediums set forth in Section 5.3, without warning. However, the Siteundertakes no obligation to monitor User content or take any such actions. Weencourage Our Users to report any violations of the restrictions specified herein usingour Contact us / Single point of contact. Uploading prohibited depictions violates thisAgreement, and may result in the suspension or deletion of Your account as well as anyother measures We deem, in Our sole discretion, as necessary.
5.4. You agree to cooperate with Us to promptly cease any unauthorized use. You aresolely responsible for submitting any material that violates the laws of any jurisdiction,whether on a national, European, or international level. The responsibility persists evenif a claim arises after Your service is terminated. Such actions on your part shallconstitute a material breach of this Agreement and the Site shall terminate all of Yourrights under this Agreement. Nothing contained in this Agreement shall obligate Us tomonitor or investigate any use of Our Services by Our Users or other third parties, otherthan 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 OurMaterials or any other materials from Our Site. You hereby agree not to use anyautomatic device or manual process to monitor or reproduce the Site or Materials, andwill not use any device, software, computer code, or virus to interfere or attempt todisrupt or damage the Site or any communications on it. If You do not adhere to thisprovision of this Agreement, You hereby stipulate to and agree to pay liquidateddamages of ten thousand dollars (10,000 USD) plus any and all fees associated with
recovery of these damages, including attorney’s fees and costs plus the damages thatthe 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, andallows the hosting, sharing, and/or publishing of such submissions. By submittingContent or other material to Us, You indicate Your intent for Us to make such materialavailable on the Site and any other affiliated sites, whether by affiliation of ownership orcontract.
6.2. You shall be solely responsible for Your own submissions and the consequences ofposting or publishing them. In connection with Your submissions, You affirm/warrantthat:
6.2.1. You own or have the necessary licenses, rights, consents, and permissions to useYour 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 submissionsto enable inclusion and use of the submissions in the manner contemplated by theseTerms 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 contributingYour submissions to the Site(s), You grant a worldwide, perpetual, non-exclusive,royalty-free, sublicensable and transferable right and license to: copy, modify, publiclyperform, and publicly display Your submissions on Our Site.
6.2.3. You have the written consent, release, and/or permission of each and everyidentifiable person in Your submissions to use the name or likeness of each individualfor 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 requiredby agreement that You sign to participate in the Creators’ Program.
6.2.4. You signed with the Company the special agreement to participate in theCreators’ 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 OurSite(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 andcontent in digital form of display on the Internet (alone or in combination with otherworks, 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; andfor all other reasonable promotional or commercial uses either as part of the operationof 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 terminateswithin a timeframe defined in the agreement that You sign to participate in the Creators’Program.
6.3. Any of Your submissions are compliant with all applicable laws, including but notlimited to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide suchdocuments as required upon Your Verification and/or Content submission.
6.4. Our Company respects the intellectual property rights of all parties and hasimplemented a Copyright infringement / DMCA Policy. While Our Company is not basedin the United States of America, We voluntarily comply with the provisions of the DigitalMillennium Copyright Act (“DMCA”). In addition, we have provided the ability to submit anotice of copyright infringement to us in accordance with the provisions of the DSA. OurCopyright infringement/DMCA Policy has a strict procedure for removing content thatallegedly infringes upon intellectual property rights. If you believe your intellectualproperty rights have been violated, please follow the procedure outlined in our Copyrightinfringement / DMCA Policy.
6.5. The Site does not endorse any Member submission, and expressly disclaims anyand all liability in connection with Member submissions. The Site does not permitcopyright 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 anobligation to provide any prior notice, remove all content and Member submissions, ifproperly notified in accordance with Our Copyright infringement/DMCA Policy ofcopyright infringements of a third party’s intellectual property rights. We reserve the rightto terminate the member access and/or privileges of repeat infringers.
6.6. This Website reserves the right, but not the obligation, to assist You withsafeguarding Your copyrights. In the event that any of Your Content is illegally uploadedon another platform, website or any other medium, we may choose to request itsremoval on your behalf. Similarly, if we receive a report concerning Your Content on ourWebsite, we have the right, but not the obligation, to submit a counter notice or a similarresponse on your behalf. This is due to your confirmation, by uploading content to ourWebsite, 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 protectYour Content from copyright infringement.
6.7. For the purposes of this section, “nudity” is the imagery of nude adults depictingfemale or male genitalia, anus and/or fully nude close-ups of buttocks or uncoverednipples.
As an exception to the rule included in section 6.1. of these Terms, according to whichonly Verified Members may submit material to Us, all Members may upload a mainphoto on the Site as an avatar using the “edit profile” section. To upload a main photo asan avatar (main photo/s), the Member shall understand and warrant the following:
6.7.1. The uploaded photo shall strictly be in compliance with all rules for thesubmission as defined in these Terms.
6.7.2. By uploading an avatar (main photo/s), You indicate Your intent to make Yourmain photo/s publicly available.
6.7.3. The Site does not permit any non-Verified Members to upload a main photodepicting any nudity, erotic, drugs (the drugs themselves and the persons underinfluence of drugs), gore/blood, weapons, guns, advertisement (URL, QR codes,telephone numbers), minors, and other inappropriate content defined at the Company’sdiscretion.
The Company reserves the right to moderate all avatars (main photos) uploaded to theSite by Members in order to verify the compliance with these Terms. Such moderationmay be carried out with the assistance of third parties that specialize in moderation andverification services. By uploading the avatar (main photo/s), the Member authorizes theCompany to transfer it to the third party for the purposes of moderation and verification.
6.7.4. The avatar (main photo/s) must comply with this Agreement. If it does not, Wereserve the right to delete it without providing any prior notice and close Your account.
7. Stipulated Liquidated Damages:
7.1. In various provisions in this Agreement, We have outlined liquidated damagesamounts 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 areuncertain and difficult to ascertain, but that this amount represents the parties’ goodfaith attempt to calculate an appropriate compensation based on anticipated actualdamages.
7.2. For any breach of a portion of this Agreement that does not specifically state aliquidated damages amount, You hereby agree that any breach of this Agreement shallresult in liquidated damages of two hundred dollars (200 USD) per occurrence. Youspecifically agree to pay this two hundred dollars (200 USD) 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, EXPRESSOR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.THE SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THEACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENTOF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY ORRESPONSIBILITY FOR ANY:
8.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
8.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
8.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN;
8.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OURSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
8.1.5. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENTPOSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESITE.
8.1.6. THE SITE RESERVES THE RIGHT TO DELETE ANY CONTENT OR LINKWITHOUT ANY NOTICE OR WARNING TO THE USER WHO UPLOADED IT.
8.1.7. THE SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED PRODUCT OR SERVICEADVERTISED ON, OFFERED BY, OR FEATURED ON THE SITE OR THROUGH THESITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHERADVERTISING, AND THE SITE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION 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 RESULTINGFROM ANY:
9.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
9.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
9.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN;
9.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OURSITE;
9.1.5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BETRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
9.1.6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANYCONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLEVIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANYOTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES.
9.2. IN THE EVENT THAT YOU DO NOT SUPPLY THE SITE WITH YOUR E-MAILADDRESS AS A MEANS OF COMMUNICATION, YOU SPECIFICALLY
ACKNOWLEDGE AND WAIVE ANY CLAIM BASED ON THE SITE’S GOOD FAITHDISABLING OF ACCESS TO, OR REMOVAL OF, MATERIAL OR ACTIVITY WHICHHAS BEEN CLAIMED TO BE INFRINGING, OR BASED ON FACTS ORCIRCUMSTANCES FROM WHICH INFRINGING ACTIVITY APPEARS LIKELY,REGARDLESS OF WHETHER THE MATERIAL OR ACTIVITY IS ULTIMATELYDETERMINED TO BE INFRINGING.
9.3. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLESTEXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE SITEMAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLEFOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROMOTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARERESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.
9.4. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE SHALL NOT BE LIABLEFOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGALCONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGEFROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9.5. IN NO EVENT SHALL OUR MAXIMUM TOTAL AGGREGATE LIABILITYHEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAIDBY YOU FOR USE OF THE SITE OR SERVICES FOR A PERIOD OF NO MORETHAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE ORCAUSES OF ACTION OR TEN EUROS (10.00 EUR), WHICHEVER IS GREATER.BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVELIMITATION MAY NOT APPLY TO YOU.
10. Indemnification:
10.1. To the extent permitted by applicable law, You agree to defend, indemnify and holdharmless 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 toattorney's fees) arising from: (i) Your use of and access to the Site; (ii) Your violation ofany 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 thatYour content caused damage to a third party. This defense and indemnificationobligation 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 strictlyprohibited. If We suspect that You or any User has provided or intends to provide anyservices or material in violation of any law, Your ability to use the Site and Services willbe terminated immediately without any reimbursement of any payment You may havemade to Us. We have every right to voluntarily cooperate with law enforcement orprivate aggrieved parties that We may be legally compelled to do so. We do herebydisclaim any liability for damages that may arise from any User providing any material orservices 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 arisingfrom 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 byYour illegal actions or should We be obligated to defend any claims including, withoutlimitation, any criminal action brought by any party.
10.4. Our Site and Services contain material that may be offensive to third parties. Youagree 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 ofthe Services should You find them offensive.
10.5. You agree to defend, indemnify, and hold harmless Company, its officers,directors, shareholders, employees, independent contractors, telecommunicationproviders, and agents, from and against any and all claims, actions, loss, liabilities,expenses, costs, or demands, including without limitation legal and accounting fees, forall damages directly, indirectly, and/or consequentially resulting or allegedly resultingfrom Your, or You under another person’s authority including without limitation togovernmental agencies, use, misuse, or inability to use the Site, Services, or any of theMaterials contained therein, or Your breach of any of this Agreement. We shall promptlynotify You by electronic mail of any such claim or suit, and cooperate fully (at Yourexpense) in the defense of such claim or suit. We reserve the right to participate in thedefense of such a claim or defense at Our own expense, and choose Our own legalcounsel, 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 arecreational 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 theirjurisdiction, that have provided rights to the Site to publish the content. All Content isprovided 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 ortortious activities shall have their account and/or access to the Site and the Servicessubject to immediate cancellation, and may be reported to the appropriate lawenforcement authorities.
10.6.3. You understand and accept that if You attempt to contact other Members on theSite, all activities or interactions resulting therefrom are solely of Your own volition. Youunderstand and accept that no communication between You and other Members isprivate because such communication may be disclosed by the malicious actions ofother parties who are part of such communication. You hereby specifically release Usand 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 aremade public. Nothing contained in this section is intended to limit the scope of releasesand/or indemnification contained elsewhere in this Agreement.
10.6.4. We do not endorse, confirm, support, verify or validate the accuracy or thereliability of any of the information posted by Members on this Site. This includes but isnot limited to Member identity, text, photographic images, videos, and any other content.You are encouraged to thoroughly inspect the credentials and background of anyperson 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 orresponsibility, financial or otherwise, for the truthfulness, accuracy, intent, motives, orbehavior of anyone on this Site or any of its affiliate sites. Your contact orcommunication with Members on this Site, and on any affiliate sites if applicable, is atYour own risk. People use the Internet for various motives and intentions. It is solelyYour responsibility to verify the accuracy, truthfulness, good intentions, and motives ofanyone that You contact or communicate with on this Site. We are not responsible, norliable for any aspect, legal or otherwise, of any conversations, contact, or otherinformation exchanged between Members online or offline.
10.6.6. When interacting with Members of this Site, do not provide any personalinformation to individuals who can misuse that information to Your detriment. While theSite 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 suchinformation or activity, and all Users/Members are encouraged to approach the veracityof any communications or contact occurring as a result of the Site and Services withcautious.
10.7. You hereby discharge, acquit, and otherwise release the Company, its parentcompany, its agents, employees, officers, directors, shareholders, attorneys, andaffiliates, from any and all allegations, counts, charges, debts, causes of action, andclaims relating in any way to the use of, or activities relating to the use of the Site andServices including, but not limited to, claims relating to the following:
10.7.1. Sexual harassment, negligence, gross negligence, reckless conduct, alienationof affections (to the extent recognized in any jurisdiction), intentional infliction ofemotional distress, intentional interference with contract or advantageous businessrelationship, 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 theSite, unavailability of the Site, its functions and/or services and any other technicalfailure that may result in inaccessibility to the Site, or any claim based on VicariousLiability 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 typesor categories of claims released by You. This release is intended by the Parties to beinterpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in amanner 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 thisprovision, 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 thirdparties. Because We have no control over such websites and resources, Youacknowledge and agree that We are not responsible for or liable for the availability ofsuch external websites or resources, We do not screen or endorse them, and We arenot responsible for or liable for any content, advertising, services, products, or othermaterials 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 inconnection with use of or reliance on any such third-party content, goods or servicesavailable on or through any such website or resource. If You decide to access any suchthird party website, You do so entirely at Your own risk and subject to any terms andconditions and privacy policies posted therein, and not by this Agreement or OurPrivacy 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 ofsuch websites or the content, products, advertising, or other materials presented onsuch Site, but are for Your convenience.
11.4. You hereby agree to hold Us harmless from any and all damages and liability thatmay result from the use of links that may appear on the Site or via the Services. Wereserve the right to terminate any link or linking program at any time.
12. Trademark Information:
12.1. The name of the Site is considered a service mark owned by Us. We aggressivelydefend Our intellectual property rights.
12.2. Other manufacturers’ product and service names referenced herein may betrademarks and service marks of their respective companies and are the exclusiveproperty of such respective owners, and may not be used publicly without the expresswritten consent of the owners and/or holders of such trademarks and service marks.
12.3. All of the marks, logos, domains, and trademarks that You find on the Site andServices may not be used publicly except with express written permission from Us, andmay not be used in any manner that is likely to cause confusion among consumers, orin any manner that disparages or discredits Us.
13. No Agency Relationship:
13.1. Nothing in this Agreement shall be deemed to constitute, create, imply, give effectto, or otherwise recognize a partnership, employment, joint venture, or formal businessentity of any kind. The rights and obligations of the Parties shall be limited to thoseexpressly set forth herein.
14. Notice:
14.1. Notice. Any notice required to be given under this Agreement may be provided byemail to a functioning email address of the party to be noticed, by a general posting onthe Site, or by personal delivery by a commercial carrier such as Federal Express orDHL. Notices by customers to Us shall be given by electronic messages, unlessotherwise specified in the Agreement.
14.2. Change of Address. Either party may change the address to which notice is to besent 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. Noticesdelivered by overnight carrier (e.g., DHL or Federal Express) shall be deemed deliveredon 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 byemail and facsimile transmission, with confirmation from the transmitting machine thatthe transmission was completed, are acceptable under this Agreement provided thatthey are delivered one (1) hour after transmission if sent during the recipient's businesshours, or 8:30 a.m. (recipient's time) the next business day. Either party may, by givingthe other party appropriate written notice, change the designated address, fax numberand/or recipient for any notice or courtesy copy, hereunder.
14.4. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice thatis refused, unclaimed, or undeliverable, because of an act or omission of the party to benotified shall be deemed effective as of the first date that said notice was refused ordeemed undeliverable by the postal authorities, messenger, facsimile machine, emailserver, or overnight delivery service.
15. Communication not Private:
15.1. We do not provide any facility for sending or receiving private or confidentialelectronic communications. All messages transmitted to Us or through Our electroniccommunications shall be deemed to be readily accessible to the general public. Visitorsshould not use this Site or Services to transmit any communication for which the senderintends only the sender and the intended recipient(s) to read. Notice is hereby giventhat all messages and other content entered into or on this Site or Services can andmay be read by the agents and operators of the Site or Services, regardless of whetherthey 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 fromusing any of Our electronic communications.
16. Force Majeure:
16.1. We shall not be responsible for any failure to perform due to unforeseencircumstances 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 naturaldisasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fibercuts; 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 todelay 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 orotherwise relating to this Agreement, the Parties shall meet and negotiate in good faithto attempt to resolve the dispute. If the Parties are unable to resolve the dispute throughdirect negotiations, then, except as otherwise provided herein, either party must submitthe 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 internationallaw, statute, or regulation, excepting only intellectual property claims (including but notlimited to claims involving copyrights, trademarks, patents, unfair competition, and/ortrade secrets), along with actions (regardless of the underlying cause of action) seekinginjunctions, attachment, garnishment, and other equitable relief. The arbitration shall beconducted in the Republic of Sweden, in a convenient location agreed to by the Parties,or in the absence of such agreement, selected by the Arbitrator appointed by theParties.
The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet ande-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 thisAgreement. The arbitrators shall be bound by and apply Sweden law to any disputesubmitted for arbitration hereunder, and this Agreement shall be interpreted inaccordance with the laws of the Republic of Sweden. The arbitrator shall render awritten opinion setting forth all material facts and the basis of his or her decision withinthirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBYWAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL, BY JURY OR OTHERWISE, INREGARD TO ARBITRAL CLAIMS.
17.1.2. No waiver of right to arbitration. There shall be no waiver of the right toarbitration, unless such waiver is provided affirmatively and in writing by the waivingparty to the other party. There shall be no implied waiver of this right to arbitration. Noacts, including the filing of litigation, shall be construed as a waiver or a repudiation ofthe right to arbitrate.
17.2. Under Article 21 of the DSA, if You are located within the European Union, youalso have the right to opt for out-of-court dispute resolution concerning decisionsreferred to in article 20(1) of the DSA, including unresolved complaints per our internalcomplaint-handling system (appeal system). You may select any certified out-of-courtdispute settlement body established in the Republic of Sweden capable of resolvingdisputes in the English or Greek language. The right to opt for out-of-court disputeresolution is without prejudice to Your right to initiate proceedings in a court, inaccordance with applicable law.
18. Miscellaneous Provisions:
18.1. These Terms and Conditions, together with the Privacy Policy and any other legalnotices published by Us on the Site, shall constitute the entire agreement between Youand Us concerning the Site. If any provision of these Terms and Conditions is deemedinvalid by a court of competent jurisdiction, the invalidity of such provision shall notaffect the validity of the remaining provisions of these Terms and Conditions, which shallremain in full force and effect. No waiver of any term of these Terms and Conditionsshall be deemed a further or continuing waiver of such term or any other term, and theSite's failure to assert any right or provision under these Terms and Conditions shall notconstitute a waiver of such right or provision. The Site reserves the right to amend theseTerms and Conditions at any time and without notice, and it is Your responsibility toreview these Terms and Conditions for any changes. Your use of the Site following anyamendment of these Terms and Conditions will signify Your assent to and acceptance ofits revised terms.
18.2. Assignment. The rights and liabilities of the Parties hereto will bind and inure tothe benefit of their respective assignees, successors, executors, and administrators, asthe case may be.
18.3. Severability. If, for any reason, a court of competent jurisdiction or an arbitratorfinds any provision of this Agreement, or any portion thereof, to be unenforceable, thatprovision will be enforced to the maximum extent permissible and the remainder of thisAgreement will continue in full force and effect.
18.4. No Waiver. No waiver or action made by Us shall be deemed a waiver of anysubsequent default of the same provision of this Agreement. If any term, clause orprovision 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 fromthis Agreement.
18.5. Headings. All headings are solely for the convenience of reference and shall notaffect the meaning, construction or effect of this Agreement.
18.6. Complete Agreement. This Agreement constitutes the entire agreement betweenthe Parties with respect to Your access and use of the Site, Services and the Materialscontained therein, and Your use of the Site and Services, and supersede and replace allprior understandings or agreements, written or oral, regarding such subject matter.
18.7. Governing Law. This Agreement shall be subject to and construed and interpretedin accordance with the laws of Sweden, without regard to its conflict-of-laws provisions.
18.8. Other Jurisdictions. We make no representation that the Site, Services or any ofthe 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 otherwiseprohibited. Those who choose to access the Site and Services from such locations doso on their own initiative and are solely responsible for determining compliance with allapplicable local laws.