AI Website SoftwareWelcome 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 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.
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