Updated: November 11th, 2021

 

ACCEPTANCE OF THE TERMS OF SERVICE

You must read the Terms of Service before you can use this portal. By accessing, purchasing a Membership or visiting www.gettdown.com ("we", "us", "our", or this "Website"), any of its Content, functionalities and services, you signify your agreement to these Terms of Service (the "Agreement") including policies and related guidelines (i.e. Child Sexual Abuse Material Policy, and Non-Consensual Content Policy) (collectively "Terms of Service"), and our Privacy Policy and incorporated herein by reference.

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You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form. These Terms of Service apply to all users, including Visitors, Members, Content Partners, Models, and Verified Uploaders who may also be contributors of Content, of this Website (collectively "you", "User" or "Users" as the context requires). If you do not agree to any of these Terms of Service or our Privacy Policy, please do not access or use this Website. GD-Ent (the "Company") will refer to you in this Agreement as "you", "your" or "User". Company can amend this Agreement by posting an updated version of this Agreement to the Portal. ​​

 

           1.  DEFINITIONS

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1. "Payment Method" shall mean the method of payment which You use to purchase Your Membership including credit card, debit card, money order, online check, gift cards, or any other means.

2. "Bookmarking" shall mean the act of placing a Web page (URL) into a temporary file on the User's browser so that the User may return to the page at a future date directly, without passing through any preceding pages.

3. "Fees" shall mean amounts paid or payable to Company in exchange for Membership under this Agreement using a Payment Method. Fees are posted on the Portal which posting forms a part of this Agreement.

4. "Portal" shall mean platform, website and or app to which You are purchasing a Membership or accessing the Services.

5. "Login" shall mean the combination of the unique username and password sold or provided by the Company to the User and used to access Portal.

6. "Membership" shall be the access granted to a User using a Login for a limited period of time, to Portal for the purpose of using the Services.

7. "Services" shall be the limited, non-transferrable license to stream or download images and video or other content from the Portal, navigate different areas of Portal, and other services including but not limited to private events, functions, one-on-one's, hook-ups, etc.

8. "User" shall be a registered or  unregistered legal individual, of or over the age of 18, or the age of majority in the in the jurisdiction where they are located who has a Membership or rightfully accesses the Portal.

9. "Chargebacks" shall mean a request You file directly with Your card company or bank to invalidate Fees.

10. "Content" whether accessed via computer, mobile device, or other technology, manner, or means. includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on this Portal.

11. "Content Partners" means Users of this Website who have joined our Content Partner Program

12. "Models" means Users of this Website who have joined our Model Partner Program and are subject to the present Terms of Service and GD-Model’s Terms. 

13. "Verified Uploaders" means Users of this Portal who have a validly identified account.

14. "Company" means GD (GettDown Entertainment), or Parent (Lignum Inc), and from time-to-time Affiliate Partners or third-party service providers where applicable.

 

          2. ABILITY TO ACCEPT TERMS OF SERVICE 

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing this Portal from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, please do not use this Portal. You also represent that the jurisdiction from which you access this Portal does not prohibit the receiving or viewing of sexually explicit Content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents. For more information on how this information is processed, please review our Privacy Policy. Failure to, when required, to provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents will lead to the termination or suspension of your access rights to all or part of this Portal.

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         3.CHANGES TO THE TERMS OF SERVICE

We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of this Portal following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

The updated version of these Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms of Service found at www.gettdown.com/terms

 

4. ABOUT THIS PORTAL

This Portal allows for the general viewing of content (including adult-oriented Content) by Users, registered and unregistered. In addition, this Portal allows for uploading of content including adult-oriented Content by registered Users, Content Partners, Verified Uploaders, and Models.

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This Portal may contain links to third party sites that are not owned or controlled by this Portal or its operator. This Portal has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party sites. In addition, this Portal will not and cannot censor or edit the Content of any third-party site. By using any of this Portal, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave this Website and to read the terms, conditions, and privacy policies of each other sites that you visit.

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This Portal is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by this Portal. This Portal is for adult-oriented Content. Other categories of Content from-time-to-time may be rejected or deleted in our sole discretion. We may, in our sole discretion and at any time, remove any Content on this Portal.

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You understand and acknowledge that when using this Portal, you will be exposed to Content from a variety of sources, and that this Portal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Portal with respect thereto, and agree to indemnify and hold this Portal, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Portal.

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5. COMMUNICATION PREFERENCES

By using and registering as a User on this Portal, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on this Portal (for example, through the members’ area on this Portal upon login to ensure receipt in the event you have unsubscribed from email communications), or in the "My Account" or "My Profile" page and may include notices about your account (such as change in password or confirmation emails) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

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6. ACCESSING THIS PORTAL AND SECURITY 

We reserve the right to withdraw or amend this Portal, and any service or material we provide on this Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of this Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Portal, or the entire Portal, to Users, including registered Users.

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You are responsible for:

• making all arrangements necessary for you to have access to this Portal, and

• ensuring that all persons who access this Portal through your internet connection are aware of these Terms of Service and comply with them.

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To access this Portal or some of the resources it offers, you may be asked to provide certain registration details or other information. To know more about the information required to use this Portal to upload Content, please refer to the Sections entitled "Policies Applicable to All Content and Uploaders on this Portal", "Policies Applicable to Verified Uploaders", "Policies Applicable to Content Partners" and "Policies Applicable to Models", as well as the Privacy Policy. It is a condition of your use of this Portal that all the information you provide on this Portal is correct, current, and complete. You agree that all information you provide to register with this Portal or otherwise, including but not limited to through the use of any interactive features on this Portal, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Portal or portions of this Portal using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at support@gettdown or gettdownent@gmail.com. You also agree to ensure that you exit from your account at the end of each session.

 

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Portal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Portal or others due to such unauthorized use. If you interact with us or with third-party service providers, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Portal over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

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7. AGREEMENT TO VIEW ADULT MATERIAL

​Portal is designed and intended solely for adults who are interested in and wish to attend private functions, and Events to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the Company within Portal may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under the legal age in their respective country or by those who do not wish to be exposed to such material. By accessing Portal or purchasing a Membership from the Company you are making the following statements to Company, its licensors, and other suppliers:

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1. "Under penalty of perjury, I swear/affirm as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise I will not permit any person(s) under the age of majority to have access to any of the material contained within Portal. I understand, when I gain access to Portal I will be exposed to visual images, verbal descriptions, and audio sounds of a sexually oriented and frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so because I want to attend, view, read and/or hear the various materials which are available for my own personal enjoyment, information, and/or education. My choice is a manifestation of my interest in sexual matters which is both healthy and normal and which in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually-oriented content and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such material by willing adults in circumstances such as this and will not find such material to appeal to a prurient interest or to be patently offensive."

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          8. TERRITORY

1. Territory: Each Membership is for use within a limited territory which excludes all jurisdictions where the Content is illegal (the "Territory").

2. Location Breach: If the Company detects a Membership is purchased or used outside the Territory, Company may, at its discretion, disable Membership so the Login will NOT work and terminate this Agreement for breach without any refund of Fees already paid.

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9. MEMBERSHIPS

FEES AND INFORMATION ON MEMBERSHIP. Users are liable for Fees for Membership together with all applicable taxes. Users may cancel their Membership in accordance with section 9. Users must cancel their Membership 48 hours prior to the rebill date if they do not wish their Membership to renew with associated Fees. Up until the date a Membership is canceled, the User authorizes the Company to continue charging the User’s Payment Method to pay:

 

(i) Fees for Membership;

(ii) all purchases of other products, services, and entertainment provided by Portal; and

(iii) other liabilities of User to Company or any third party.

 

Subject to change, regular payment options includes:

 

A) 365 Days STANDARD membership at $0.00, renewing at $0.00;

B) 365 Days BRONZE membership at $12.00, renewing at $12.00;

C) 365 Days SILVER membership at $60.00, renewing at $60.00;

D) 365 Days GOLD membership at $196.00, renewing at $196.00;

E) 365 Days PLATINUM membership at $240.00 renewing at $240.00;

 

The Fees for a User’s Membership will be charged commencing on the last day of the trial period, being three (3) calendar days from the time your trial period started. The Membership subscribed to by the User, includes but is not limited to, access to a library of adult-entertainment content for viewing, the services described in sections 3 (Agreement to view adult material), 4.5 (Downloads), 5 (Individual Scene Purchases), and 9 (License).

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1. Delayed Transactions: In the event, a User's Payment Method was declined the Company may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within seven (7) days of the User's first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User's next rebill will be attempted on their original rebill date. The company reserves the right to change the price of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User's Membership at the original rebill price which shall take effect as of the next rebill unless the User cancels 48 hours before such rebill, or at the initial transaction price to successfully complete the User's purchase of their Membership. In the event of an unsuccessful recurring payment, an administrative fee of up to $2.00 may be charged in order to keep your subscription active until the full subscription fee can be processed successfully. At any time, should You have any questions about the rebill price or date of your Membership please contact Client Relations for the Portal.
2. Membership Types: Portal may offer various types of Memberships of different terms (ex: trial, 3-month, monthly, etc...) each a "Membership Term". Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User's email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within such thirty (30) days then you are deemed to have accepted the change in Fee.

3. Cancellation Policy: Memberships may be canceled at any time by logging into their account then click on to the my subscriptions tab, select the plan you wish to cancel and click cancel or by completing a form by contacting Portal Client Relations who are available 24h a day. If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.

4. Downloads: The content that may be downloaded on Portal, including licensed content, is limited to 300 GB per day. At its discretion, the Company reserves the right to change the daily download limits mentioned herein at any time without notice. Furthermore, the Company reserves the right to suspend or ban accounts that exceed this daily limit. In the event your account is banned, you will get a pro-rated refund based on the time remaining on your membership. Any user whose account is suspended or banned shall receive an email notification from the Company.

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         10. INDIVIDUAL SCENE PURCHASES

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1. Portal may offer the ability to purchase individual scenes. Each scene will have its Fee clearly indicated and will not rebill. Users are liable for Fees for scene purchases together with all applicable taxes to be payable to the Company or its designee.

2. Users will have lifetime access to all individual scenes purchased regardless of their type of Membership.

3. For all questions regarding individual scene purchases, the User may contact Portal Client Relations.

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11. REFUNDS

1. Fees are non-refundable once the Login details have been used on Portal. Non-use of a Membership or inability of User to access the Portal through no fault of Company shall not be grounds for a refund of Fees. Company does not provide refunds or credits for any partial-month Membership periods.

2. In the event a refund is issued, ALL refunds will be made by the Company who will credit the Payment Method used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) days of communication between the User and the Company's Client Relations department.

3. For all billing inquiries you may also visit billing inquiries.

 

12. CHARGEBACKS

1. All chargebacks are carefully investigated and may prevent future purchases with Portal and its affiliates. Chargebacks as well as any action taken by a user made to unlawfully or unreasonably obtain goods or services from Portal shall constitute a breach of contract and shall not be tolerated. As a result, the user shall remain responsible for consequences caused by such breach of contract.

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13. MEMBERSHIPS PURCHASED THROUGH THIRD-PARTIES

For Memberships purchased by gift cards through the third-party service, please note

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1. These Memberships are subject to the terms and conditions of third-party.

2. These Memberships will not be rebilled.

3. No refunds or partial refunds will be issued to these Memberships. The Portal may only offer Users a similar Membership to a related website.

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14. LICENSE

1. Membership includes a single, limited, personal, non-transferrable, non-exclusive license (the "License") to use the Portal for the sole purpose of accessing the images, video, and sound published therein (the "Content") in the manner provided. You shall not resell, distribute or engage in any commercialization of the Portal or its Content. You shall not modify or copy any of the Content, use it for any public display, performance, sale, or rental, remove, modify or alter any copyright or other proprietary notice or trademarks of the Content or transfer any Content to any third party.

2. Access to and use of the Portal is through Login. Each User is responsible for keeping their Login information confidential. Portal will not release Login information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the Portal is a breach of this Agreement. You are responsible for your Login credentials and purchases made or other acts or omissions carried out with them.

3. As between You and Company, Company retains all right, title, and interest in any and all intellectual property rights in the Portal and its Content. All rights are reserved by the Company. All intellectual property and other rights in and to the Content and the Services found on Portal shall at all times remain the property of the Company, its affiliates, licensors, and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than Your limited rights under the License.

4. Company reserves the right to modify any or all of the Content or Portal without Your prior notice or consent.

5. The Company reserves the right to terminate this License at any time if the User breaches the terms of this Agreement.

 

15. TERM AND TERMINATION

1. Membership, Membership Term, and the License shall begin as of when Fees are paid and Login is used and shall end when the Membership Term ends or as otherwise provided herein.

2. Users must promptly inform the Company's Client Relations department of any apparent breach of security, such as loss, theft, unauthorized disclosure, or use of a Login. Until the Company is notified of such breach in security, the User will be liable for any unauthorized use of the Services. 

3. Users may terminate their Membership at any time and without cause by providing Client Relations notice to cancel the Membership. Users may complete a form located at Client Relations directly. Users are liable for all Fees incurred on the Membership until 48 hours after notification of termination is received by the Company's Client Relations department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, the email address used upon joining, and where applicable, the last four (4) digits of the Payment Method then in use. For Users residing in the European Union and pursuant to the General Data Protection Regulation (GDPR), in the event a User has exercised their right to delete their information, the Company will be unable to assist the User regarding notice of unauthorized use of the Services.

4. Company can terminate this Agreement at any time and for any reason or for no reason on notice to You through the Portal; however You shall be entitled to continue use of the Portal for the Membership Term for which Fees have already been paid.

5. By purchasing or terminating a Membership User agrees to receive an email confirmation thereof to the email address last provided to the Portal. Users may not opt-out of receiving such emails. Therefore it is important to provide suitable contact information on sign-up for Membership.

6. Users who have terminated their Memberships may reactivate said Membership by entering their original Login details in the User Login section where their previously saved details will be used to process the reactivation provided that European Users have not exercised their right to delete their account details pursuant to the General Data Protection Regulation (GDPR). Users will have the option to select the Membership of their choice when they reactivate their Login. The new Membership will rebill at the price and at the frequency indicated in the new receipt sent to User's email address.

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16. BOOKMARKING

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1. Bookmarking to a page on Portal whereby the warning page(s) and/or terms and conditions are by-passed shall constitute implied acceptance of this Agreement and an explicit confirmation the User is of or over the age of majority in their jurisdiction and the Content is not illegal in the Territory.

 

 

17. LIMITED, CONDITIONAL LICENSE TO USE OUR INTELLECTURAL PROPERTY

GD, or GettDown and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Portal, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.

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The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Portal or vice versa. This Portal and certain materials available on or through this Portal are Content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Portal.

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We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Portal and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Portal whole and intact as presented by this Portal’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Portal to block or interfere with the display of any advertising on this Portal, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Portal. Interference with the display of any advertising on this Portal, use of ad blocking software to block or disable any advertising while viewing this Portal, or use of information obtained from or through this Portal to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Portal and Works and constitutes copyright infringement.

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You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Portal and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement. This Portal may provide an "embeddable player" feature, which you may incorporate into your own Portal for use in accessing the Content on this Portal. You may not modify, build upon or block any portion or functionality of the embeddable player in any way, including but not limited to links back to this Portal.

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The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Portal whole and intact as presented by this Portal’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on this Portal may be controlled, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere. Such conduct is prohibited by law. You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.

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18. POLICIES APPLICABLE TO ALL CONTENT AND UPLOADERS ON THIS PORTAL 

To upload Content to this Portal, you must be either a Registered Member or User, Verified Uploader, a Content Partner or a Model, save and except if such Content is limited to comments, a cover picture and/or an avatar. If the information you provide for the creation of your account is not true and correct, you face the immediate termination of your account; where applicable, the immediate suspension of any and all pending payments from us to you; and we may, in our sole discretion, withhold payment of any owed amounts indefinitely, and you may be subject to legal sanctions.

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You represent and warrant that with respect to all Content you will upload on this Portal:

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1. the Content does not contravene to any applicable laws and does not subject this Portal to any claims, demands, lawsuits, regulatory actions or any actual, potential or risk of liability, or any threats thereof;

2. you own the rights to use the Content on this Portal and that the Content does not infringe on the rights (including intellectual property rights) of a third party and, that you have obtained the consent and release for every individual appearing in your Content, including the right for you to use and upload the Content on this Portal;

3. for every individual appearing in your Content you have carefully ascertained and examined a valid governmental photo identification demonstrating that they are at least 18 years of age on the day they are photographed, filmed or otherwise appearing in such Content (this applies to all individuals, whether identifiable or not, or whether nude or not);

4. with respect to the Content, you, or the producer of the Content, have collected and maintained the records required under 18 U.S.C. § 2257 et. seq., as modified from time to time in compliance with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws;

5. that Content Partner affirms that no individual appearing in the Content has been convicted of crimes relating to sexual assault, sexual exploitation of a minor, trafficking, and other related criminal offences;

6. the Content may be used for training purposes;

7. the Content is not a duplicate of another piece of Content uploaded by you or anyone else;

8. the Content complies with this Portal’s Terms of Service and our Privacy Policy.

 

Failure to comply with these Terms of Service or any related contracts you will enter into with us, or should we determine that any of the statements above is untrue, or not complied with, we may, in our sole discretion, refuse to include the Content or any part thereof or any references to such Content on this Portal, remove the Content in question from this Portal, forfeit all accrued or pending earnings, cancel all current or pending payouts, terminate your account and take any measures necessary to minimize or eliminate any liability.

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We may, in our sole discretion, terminate your account if you breach any of the Terms of Service or at any time for any reason even without cause. If we believe that your Content violates any criminal laws, this Portal’s Terms of Service, your account will immediately be terminated, you will be banned from this Portal without notice with all earnings and payouts forfeited, and where applicable, we will report you to law enforcement authorities.

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19. OBLIGATION TO COMPLY WITH RECORDS KEEPING REQUIREMENTS UNDER 18 U.S.C. §2257.

You certify that the Content you upload to this Portal has been produced and records are being kept in accordance with 18 U.S.C. § 2257 et. seq., as modified from time to time, with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws. Upon our request, you shall promptly deliver us legible copies (as may be lawfully redacted), of valid (as of the date of production of the Content) recognizable governmental photo identifications for any or all individuals appearing in any or all of your Content (demonstrating that each were at least 18 years of age on the day the Content was produced) together with the required identification forms, documents and releases.

 

In this context, when we refer to all individuals appearing in the Content, we mean, without limitation, filmed, photographed, or recorded individuals or individuals in any way in the Content, whether appearing nude, semi-nude or fully clothed, engaging in simulated or actual sexual intercourse (including solo scenes). We do not accept or accommodate voice over or sounds from persons less than 18 years of age appearing in the background or synced with the Content whether featured or not. Your failure to promptly deliver the requested information upon request, may lead to the temporary or permanent suspension of your account. You will, at your own expense, indemnify, defend, and hold us harmless from, any and all liabilities, losses, damages, fines, fees, penalties, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by us from any claim arising or resulting from your failure or negligence to comply with maintenance of any legally mandated records.

 

You acknowledge that you are solely responsible for the activity that occurs on your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password. You may never use anyone else’s account, just as no one can ever use yours. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account, and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against your account by third parties. To the extent you voluntarily create a User profile to participate in certain select services offered by us, your profile (and its Contents) may be searchable by other Users registered through this Portal and others partnered or networked with us. Likewise, your profile (and its Contents) may be searchable by publicly available search engines. You understand that we do not guarantee any confidentiality with respect to any Content you contribute.

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Subject to what is permitted under applicable law, you are free to choose the type of Content you produce and post or publish. You shall be solely responsible for your own Content and the consequences of posting or publishing such Content. We are not responsible for any Content that violates community standards in your community. If you are seeking information regarding any illegal or inappropriate activities, you agree to leave this Portal immediately. We expect and demand that you comply with all applicable laws when using this Portal and when submitting or posting Content to this Portal. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. We cannot enforce every jurisdiction’s laws for all Content that is posted to this Portal. As such, we are not responsible for the Content of this Portal. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content.

 

In this regard, you acknowledge that you may not rely on any Content created by us or Content transmitted to this Portal. You are responsible for all your Content that is uploaded, posted, emailed, transmitted, or otherwise made available via this Portal. If we have a reason to suspect that your Content violates any third party right, including without limitation any copyright, trademark, or property right, we can require you to provide us with written evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five (5) working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you for any accrued costs and damages related to such Content.

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You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your Content on this Portal. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We do not control Content you submit or contribute, and we do not make any guarantee whatsoever related to Content submitted or contributed by Users. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by Users. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to this Portal all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on this Portal pursuant to these Terms of Service.

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You further agree that Content you submit to this Portal will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant to this Portal all of the license rights granted herein. You agree and understand that this Portal (and its successors’ and affiliates’) may make use of your Content for promotional or commercial purposes and to render the services pursuant to these Terms of Services. For clarity, you retain all of your ownership rights in your Content. By submitting Content to this Portal, you hereby grant this Portal’s operators an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, broadcast, market, create derivative works of, adapt, translate, publicly display, communicate, or perform, make available or otherwise use all of the Content, including without limitation for promoting and redistributing part or all of this Portal (and derivative works thereof) in any media formats and through any media channels.

 

You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each User of this Portal a non-exclusive, royalty free license to access your Content through this Portal as permitted under these Terms of Service. You hereby understand and agree that you may not use this Portal to allow other Users to download or otherwise save the Content you post (or any part thereof). The above licenses granted by you in video Content you submit to this Portal terminate within a commercially reasonable time after you remove or delete your Content from this Portal. You understand and agree, however, that this Portal may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments you submit are perpetual and irrevocable.

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This Portal do not endorse any Content submitted by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and this Portal expressly disclaim any and all liability in connection with Content. This Portal does not permit copyright infringing activities and infringement of intellectual property rights on this Portal, and this Portal will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. This Portal reserves the right to remove Content without prior notice. All Content you submit must comply with the Content standards set out in these Terms of Service. If any of the Content that you post to or through this Portal contain ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such Content in our sole discretion without any obligation to you whatsoever (i.e. you will not be entitled to any compensation of any kind from us under any circumstances).

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20. POLICIES APPLICABLE TO CONTENT PARTNERS

If you want to become a Content Partner and post Content on this Portal, you must first join our Content Partner Program and agree to its terms and conditions.

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21. POLICIES APPLICABLE TO MODELS 

If you want to become a Model and post Content through this Portal, you must first join our Model Partner Program and agree to its terms and conditions. We may, in our sole discretion, decline your application to join our community of Content providers for any reason.

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You may be asked to provide a valid email address for verification purposes. You will choose your own screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure). Certain changes to your personal information such as your name and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our staff to have this done.

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Before you are able upload Content on this Portal, you need to verify your identity. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by our Privacy Policy.

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22. MODEL'S COMMISSION 

Models will be entitled to receive the model program advertising share revenue (a percentage of the ad revenue that the video earns) on free to watch videos on this Portals. You will not receive monthly a statement showing any amounts you earned. However, you will be able to view amounts earned in your account. Payments are generally made within ten (10) business days after the end of each month (although, depending on the payment method used, it may take longer for you to actually receive your payment); provided, however, that payment will be made only when the minimum payout, based on net income, of one hundred dollars (US$100.00) has been reached. Any amount below one hundred dollars (US$100.00) will be carried over until the minimum payout has been reached and will be paid on the next following payment date. If you provide us with incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to you.

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In the event you violate any part of the present Terms of Service, or if you violate any third party right, including without limitation any copyright, property, or privacy right, or where a third-party claims that all or any part of your Content caused it damage, we may, in our sole discretion, withhold indefinitely payments to you. We remind you that it is your sole duty and obligation to fulfill all tax obligations with regard to your activities for us, including but not limited to registration, declaration, and payment obligations related to income taxes and VAT. If we assist you with these obligations, it does not release you from your obligations. It is your duty to inform us in a timely manner of changes to your personal data such as an address change or a new email.

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23. POLICIES APPLICABLE TO VERIFIED UPLOADERS

As a Verified Uploader, you will be a validly identified account holder and you may submit Content to this Portal. We may, in our sole discretion, decline your application to join our community of Content providers for any reason. You may be asked to provide a valid email address for verification purposes. You will choose your own screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure). Certain changes to your personal information such as your name and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our staff to have this done.

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Before you are able upload Content on this Portal, you need to verify your identity. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by our Privacy Policy.

 

24. USE OF PORTAL

You agree that you will only use this Portal and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Portal and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.

You agree that you will view this Portal and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Portal or eliminating any of the Content of this Portal, including ads.

 

You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometrics verification processes, technologies or security tools used anywhere on this Portal or in connection with our services. By using this Portal, you expressly agree to accept advertising served on and through this Portal and to refrain from using ad blocking software or to disable ad blocking software before visiting this Portal.

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Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Portal and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.

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