User Agreement of DEXXIRE App
This agreement (the “agreement”) is referred to by and between the operator of the app website DEXXIRE (hereinafter referred to as “company”) and the natural or legal person who accepts this agreement (hereinafter “user” or “member”) will) has completed the specified date on which acceptance of this agreement will occur.
Considering that the company may or is, among other things, offering online services that allow members to submit adult user profiles, information and content to one or more owned or non-owned or affiliated companies, by contract or otherwise, and/or to publish. Apps, websites, portals, networks and other print and electronic outlets, including but not limited to DEXXIRE (the “company”).
However, if the member is an individual commercial entity wishing to publicize the member’s own individual services, the member wishes to promote those personal services by posting photographs, descriptions, text and other content and information relating to the member in one or more of the points of sale on the company and elsewhere, whether through the classified listings, banners and/or links.
However, if the member is a legal entity or an individual commercial company that wishes to promote the services of others, the member wishes to create an account with the company in order to promote the third party services by submitting photos, descriptions, text and other content and information about the adult users that the member employs or represents, to post on one or more of the company’s outlets and elsewhere, whether through the classified posts, banners and/or links.
Subject to member’s strict compliance with the terms of this agreement, member may submit and post the images and content provided by member to one or more company outlets or use other services that company may make available to member from time to time.
Subject to the mutual promises and understandings contained herein, and for good and valuable consideration recognized as reasonable and sufficient, the parties, each intending to be legally bound hereby, promise and agree as follows:
1. Acceptance and modification of this agreement
1.1. By becoming a user or member of DEXXIRE, you agree to all the terms of this agreement. Member may not select the terms applicable to member. If member does not agree to all of the terms of this agreement, member must cease accessing and using the app and the websites and any other services provided by company. Nothing in this agreement shall create any third party enforcement rights.
1.2. No one is authorized to access the app or website or use the services unless they have accepted this agreement. Such acceptance need not be by physical signature, as electronic acceptance of this agreement is permitted by law. The user expresses his agreement to this contractual agreement by taking any action that shows his agreement thereto. Examples of such actions include entering the member’s name in a signature field, checking a box, or clicking a button with the words “I agree,” “continue,” or similar syntax. User understands that this has the same legal effect as the member’s physical signature on any other legal contract. If member does not take such action, member will still be bound by the terms of this agreement as member accesses any portion of the company’s website or services. If member clicks on any link, button or other device made available to member in any part of the user interface of company’s website, member has validly accepted all of the terms and conditions contained herein. In addition, by using the site or the services in any way, including uploading any content (as defined below) to the site, member understands and agrees that company will consider such use as confirmation by member that member is all terms contained herein fully and unconditionally accepted agreement.
1.3. From time to time, the company may revise this agreement. The company reserves the right to do so and the user agrees that the company has this right. Member agrees that any modifications or changes to this agreement will be effective and enforceable immediately upon posting and apply to all content and information transmitted to and/or stored by company. Any updated or edited version supersedes all previous versions immediately upon posting, and the previous version has no continuing legal effect unless the revised version expressly refers to the previous version and maintains the previous version or parts thereof in effect. As a specific exception to the foregoing, no update or modification of this agreement will affect member’s financial obligations to company, which are governed solely by the version of this agreement posted at the time member posts member content. Company agrees that if company changes anything in this agreement, company will change the “Last Modified Date” at the top of this agreement so that it is immediately apparent that company has updated the agreement. The user agrees to revisit this app and websites regularly, using the “Refresh” button in the member’s browser. Member agrees to record the date this agreement was last revised. If the “Last Modified Date” remains unchanged since the member last reviewed this agreement, the member may assume that nothing has changed in the agreement since the member last read it. If the “Last Modified Date” has changed, the member can be assured that something in the agreement has changed, and that member must review it again to determine how the member’s rights and obligations have been affected by the revisions. In the event that a court finds acceptance of any amendment to this agreement invalid for any reason, the parties intend that the most recent previously accepted version of the agreement will be enforced.
Waiver – by failing to review this agreement periodically to determine whether any of the terms have changed, member accepts all responsibility for such failure and member agrees that such failure constitutes an express waiver by member of the member’s right to review the amended Terms. The company is not responsible for the neglect of the legal rights of the user.
2. Content, Payments, Refunds, and accounts
2.1. Posting content. Subject to the payment of all Fees and the company’s approval of the member account registration application, the user may submit Profile content for publication by the company. “content” is defined as all content, materials, information, visual images, photos, videos, graphics, text materials, website and social media links, stage name, character, personality, biographical data, preferences and contact information of members. Posting of content is subject to member’s strict compliance with the company’s Posting Policies, Photo Rating Policies, and compliance with this agreement, including but not limited to the following:
2.2. If member is subject to federal and state laws in the United States, member warrants and agrees that all content transmitted and/or posted by member is created in accordance with all applicable provisions of US law, including but not limited to title 18, USC §§2256, 2257 & 2258a et seq. and 28 cf. Part 75 et seq. as amended (“section 2257”) and any other applicable federal, state, local, provincial and foreign law or regulation .
2.3. User further warrants and agrees that any content submitted and/or posted by member will not contain any subject matter that would trigger obligations under section 2257. If such content triggers section 2257, member is solely responsible for maintaining any records required by section 2257 or any legal entity. At the company’s request, the member shall promptly provide the company with the full legal name of its trustee, the address at which all records are maintained under section 2257, and a copy of any age records and other information required under section 2257 in relation to it place. If content is required, make it available at one or more company outlets. If member resides in a jurisdiction other than the United States (the “Foreign Jurisdiction”) or submits content from a foreign jurisdiction, in addition to any other obligations imposed hereunder, member must retain all records required by the laws of such foreign jurisdiction required are .
2.4. Consideration: Consideration for user’s agreement to all terms and conditions of this agreement was granted to member in the form of permission to use company’s network, which includes member’s ability to create an account in the app or website, Profile content submit and enjoy benefits. Member acknowledges existence and sufficient consideration if you accept this agreement.
2.5. Membership Costs: In order to create a profile with DEXXIRE, the member must select one or more profile variants of the company. The tariffs associated with the various offers are clearly visible after selection at the time of purchase. These prices are subject to change at any time at the company’s discretion. The costs associated with the placement of Profiles and other Services are clearly described in the app and website and are incorporated herein by reference.
2.6. The member bears full and sole responsibility for the creation and publication of the content. After publication, the member can make corrections, changes or deletions himself at any time. No refunds or credits will be given by the company and nothing should be expected of the member either.
member is entirely and solely responsible for ensuring that each payment is appropriately identified to enable the company to match that payment to member’s account. The user must contact the company immediately if the member DEXXIRE that the member’s payment has not been applied correctly. If the company is unable to make payment within ninety (90) days of receipt of any payment, such payment becomes forfeited, becomes the property of the company and is non-refundable.
If the parties agree that the member will pay for ads based on a variable fee model such as impressions, clicks, exposure, conversions and the like (e.g. banner ads), the member must pay the company a non-refundable upfront payment in advance. At the end of a reporting period, as determined by the company in its sole discretion, the company will provide the member with a report documenting the calculation of the Promotion Fee and such fee will be deducted from the amount withheld. Company records, files, statistics and reports are the sole basis for calculating advertising fees and are not subject to audit. Any questions regarding any such calculation must be submitted to the member within five (5) business days of the company’s submission of the report, otherwise such calculation of the Fees shall be deemed final. The parties acknowledge and agree that a variable fee model, as described above, is a common way of calculating an advertising fee between independent Internet companies and does not mean or imply that the company owns, controls, or has any influence over the member’s business. Member has sole and complete ownership and control of their business.
member acknowledges and agrees that user’s financial institution or provider may impose a fee on member if member pays its advertising or service fees to company using that financial institution or provider’s credit/debit card or other payment method. Member understands that company may use domestic and/or international merchant processing and therefore additional international fees may be added. The member is advised to understand these fees in advance, as the member is solely responsible for paying these fees, and to consider these fees when choosing a payment method and a specific credit/debit card, as fees may vary.
2.7. In addition to being solely responsible and liable for any content submitted to the company, member shall also be solely responsible for any content accessible through any link that member includes as part of member content and for any technical failure, error or other problem , which are caused by shortcut. The member indemnifies and retains the company (meaning the company, its owners, officers and directors, successors, assigns, attorneys, affiliates, agents and licensees and in all cases their respective owners, officers and directors, successors, assigns, affiliates companies, agents and licensees) from any claim, debt or allegation related to any website linked by the user to one or more of the company’s outlets.
2.8. Member is solely responsible for any content submitted to company, by member or on behalf of member by third parties (such as photographers or other member representatives) and all provisions of this agreement shall apply to such content. Member warrants and represents that member owns and retains, or has been granted by the content Owner, all necessary rights to display any content submitted to company pursuant to this agreement, including but not limited to any required model releases, copyright licenses, trademark licenses, assignments , advertising rights and the like. Member expressly indemnifies and holds company harmless from any claim, debt or allegation related to any content that member submits and/or posts pursuant to this agreement.
2.9. Prior to submitting any content for Publication, user must establish a profile (“account”) with company, which may require specific registration, identification, and payment information, at company’s discretion. Member warrants and represents that all information provided in connection with registering for an account is true and correct. The member may create only one (1) account and the transfer or sale of the same is prohibited. Registration for an account may be denied, suspended, or revoked by the company at any time, in its sole discretion, if the member fails to meet or comply with the company’s Posting Policies, Quality Assurance Rating, Anti-Fraud Policies, or user Authentication Efforts. Members who have been denied, suspended, denied or banned from creating an account may not attempt to register another account using the same or different registration information. Such evasion attempts are considered fraudulent and unlawful.
2.10. User shall not create an account where accessing the Site or its services would violate the laws of member’s jurisdiction.
2.11. Member is responsible for all uses and/or activities conducted through member’s account, whether or not authorized by member. The user agrees to immediately notify the company of any unauthorized access or use of the member’s account.
2.12. The company disclaims any liability arising from fraudulent access and/or use of the website through the member’s account.
2.13. User may be granted online access to their account. Member acknowledges and agrees that such account may be used solely to enable the purposes set forth in this agreement, including any uses necessary to fulfill the intent of this agreement. Member will protect their account password and other login information in accordance with industry standards and will not disclose such information to any third party. Member remains solely responsible and liable for the content of any such account, regardless of any assistance company may provide to member in relation to such account (e.g., loading or transferring content to the account) as may be required pursuant to this agreement is permissible.
2.14. Privacy/Data collection.
User acknowledges and agrees that company may use cookies, browser capabilities, web beacons, features and functionality, tracking services, and other technologies to collect information about member to enhance member’s experience in the app and on to improve the websites. The collection of this data serves to improve site navigation; maintain tracking of preferences; providing general internal and user web analytics reports; conduct research; and help detect possible fraudulent activity. The information collected includes, but is not limited to, the user’s IP address, device, transaction data, browser information, geographic location, the unaltered images/photos of the blurred images/photos that the member may submit and other session data (collectively, “Passive Data” ).
User acknowledges and agrees that in order for company to conduct business, member must submit personal information, including account and member information, payment information such as credit or debit card details, identification information, personal identification documents such as government ID and other verification documents, authentication – or others Photographs and/or other age verification documents and materials of the account Holder or individuals depicted in the content. In addition, the member acknowledges and agrees that the company may record and store all interactions with the member (e.g. telephone, live chat, email, web, etc.). All of the above categories of information, data and materials are referred to herein as “active data”.
User fully and knowingly expressly consents to company’s receipt and processing of the passive data and active data (collectively, “business Data”), regardless of when or under what agreement it was provided to company. Company agrees that it will process the business data using commercially reasonable standards. In addition, company has member’s express permission (without additional consent) to use and maintain the business Data in its sole discretion and to provide it in whole or in part to law enforcement authorities or in response to a subpoena or other administrative, regulatory or legal process or obligation, including protect, but not limited to, any third party, the company, member or the public and/or make them available to any third party and any predecessor, successor and assignee of the company, its assets or all or substantially all of its assets upon sale , merger or other corporate reorganization or in the event of bankruptcy, insolvency or receivership. If the company subcontracts, sells or transfers its obligations under this agreement to a non-governmental entity, it may do so only if that entity agrees to use commercially reasonable standards to protect such business information. User understands that if a buyer or recipient of a subcontractor (governmental or non-governmental) fails to comply with its data protection obligations under this agreement, the company shall have no responsibility or liability whatsoever to the member for the performance of the subcontractor.
The member expressly agrees that the company may search, compare and verify the business records against any applicable resources such as government databases and third party tools and software and with respect to the company’s credit, debit, gift or other payment card information express permission permits member to use a PCI compliant third party to store and process payment cards such as credit, debit, and gift cards.
3. Grant of license rights.
3.1. Member hereby grants to company, together with its successors and assigns, a worldwide, nonexclusive, perpetual, royalty-free license to use, display, reproduce, publish, post, display, broadcast, transmit, communicate, perform, distribute and disseminate members Post any content about the company and/or incorporate such member content in any form, media or technology now known or hereafter developed. The license granted to the company by the user permits the publication of profile content on other third-party websites that will help the company to attract more users to see the member’s content, including any derivative works based on, or the compilation of, such content for the purposes set forth in this agreement, including any uses necessary to fulfill the intent of this agreement. Member hereby grants company the right, in its sole discretion, to process and/or make changes such as deletions of the content in order for such content to comply with all applicable laws, rules and regulations (collectively “Laws”) and company policies and procedures and for deterrence infringement of the intellectual property (e.g. copyright) of third parties. In particular, member agrees that company may place an “DEXXIRE” brand watermark on images that member submits to company for display on company websites. Member hereby understands and agrees and agrees that company may allow content viewers, app and website users and others to post comments, ratings, reviews and the like (collectively, “Viewer Comments”) about such member on one or more and /or to post own or affiliated websites. Member expressly releases company from any and all liability arising out of any other user’s comments or company’s use of the content, including but not limited to liability arising from any blurring, distortion, alteration, watermark or optical deceptions that may occur.
3.2. Notwithstanding anything to the contrary hereunder, the company shall have no obligation to enforce members’ copyrights or other intellectual property rights in connection with any Submitted and/or Posted content. Member acknowledges that intellectual property theft is rampant on the Internet and that content may be stolen, copied or otherwise violated by third parties over which company has no control. Should such infringement occur, member shall have sole obligation to enforce member’s intellectual property rights, if it so chooses. Company reserves the right to enforce its own copyright, license and other intellectual property rights in company and related works. User will at all times reasonably cooperate with company and its attorneys in relation to any alleged infringement or claim of infringement, including but not limited to testifying and providing records, papers, information and the like if reasonably requested by company.
3.3. Privacy/Security Warning: Please note that while the company uses reasonable efforts to protect any personal information or private data that members provide to the company, no website or server is immune from hacking or other breaches of security protocols that may unjustly lead to the publication of such information and data. Such actions can result in humiliation, mental/emotional distress, identity theft, and other significant harm. The member therefore acknowledges and agrees that the company shall not be liable for any disclosure of any private information, personal data or member content and the member hereby indemnifies the company from any liability and claims related thereto. User further acknowledges and agrees that the app and websites is an adult-oriented social media accessible to users around the world. Member therefore understands that all Materials submitted to the app and websites may be viewed by current and/or former friends, family members, colleagues, co-workers, employers and acquaintances.
3.4. Company will not be obligated to pay member any monetary compensation for any license rights member has granted to company hereunder, and member agrees that the transmission and/or publication of the content on one or more company outlets will be reasonable and sufficient consideration for the granting of these rights.
3.5. The term of the license rights granted to company hereunder by member is perpetual, except that the license rights may be terminated by member by terminating the agreement in accordance with section 8.10. Member acknowledges that mere cessation of payment for membership or non-renewal of profile with company shall not constitute termination of member’s license rights or this agreement. Upon effective termination of License rights by member, company will remove all Profile content. The company is under no obligation to return any content to the member that the member has submitted to the company. Notwithstanding anything to the contrary, member acknowledges that all content may be retained by the company or its predecessors, agents, directors, shareholders, affiliates, assigns and assigns indefinitely for archival, contractual and/or legal purposes, including but not limited to not limited to the posting of an archived section of advertisements or a profile section of members on its website, any sale of the company or all or substantially all of its assets and/or bankruptcy, receivership or insolvency of the company.
3.6. All license rights granted to company hereunder are royalty-free, fully assignable, transferable and sublicensable, at company’s sole discretion.
3.7. The member may appoint a third party to act on the member’s behalf by entering into a membership Transfer agreement. Member acknowledges that member is fully responsible for the actions of any named third party acting on member’s behalf, with or without member’s consent. User acknowledges that signing a member Delegation agreement does not release the member from the terms of this agreement and such member shall be jointly and severally liable for all actions of a delegate.
3.8. This agreement does not constitute a license for member to use any of the company’s trade names, service marks or other marks owned or licensed by the company, including but not limited to “DEXXIRE” and all trademarked terms, company marks, service marks , or trade names include names. Any use of the trade names, service marks or other trademarks of company or company’s licensors without the company’s prior written consent is strictly prohibited. In particular, member is not permitted to register a Uniform Resource Locator (URL) or World Wide Web address that contains trademarks or URLs of any company or licensors of any company, or terms that are confusingly similar to the company’s trademarks or URLs.
3.9. Notwithstanding anything to the contrary herein, the company hereby grants to the member a worldwide, royalty-free license to use, reproduce and publicly display the verified and designed member’s collective mark in a manner subject to the company’s ongoing approval. This license granted in this section shall survive until the first of the following events occurs: member does not meet the qualifications determined by company as a prerequisite for use of the Mark; or company, in its sole discretion, terminates this license upon and upon notice to member. Company reserves the right to collect a royalty or other consideration for the continuation of the rights granted herein.
4. Representations, warranties, agreements and indemnities by member. Member hereby represents, warrants and undertakes to the company that:
4.1. This member owns or has the legal authority to assign or grant to the company any license, intellectual property, other statutory or equitable rights necessary or required to permit the publication of the content on one or more of the company’s outlets , including but not limited to all copyrights, trademark rights, trade dress rights, trade name releases and model releases of all persons appearing in such content sufficient to permit lawful use of their names and likeness, person and/or character(s) including but not limited to waivers of all necessary publicity, commercial exploitation and privacy rights.
4.2. Such member has not entered into any other agreement, commitment, obligation, or legal burden that would prevent or impair the rights and licenses granted by member to company hereunder or that would prevent company from freely distributing the content provided in this agreement to use.
4.3. That the content is entirely original and has not been copied in whole or in part from any other third party work, profile, image or resource not owned or licensed to the member. The visual images contained in the content are not fake or “stock” photographs and that any photograph of any person depicted in the content is a true and accurate representation of the person depicted.
4.4. That all persons depicted in a visual representation in the content that the member submitted to the company were consenting adults over the age of eighteen (18) years (or older if the age of adult status in the jurisdiction in which photographed) at the time those individuals were photographed in connection with the creation or production of the content.
4.5. If a user uses the member’s account to post content relating to third parties, that all photographs of individuals contained in the content are photographs of an adult user that the member actually currently employs and/or represents. Should such individual cease to be associated with the Agency, the Agency shall notify the company within one business day and make such changes to any content posted to reflect such change of association. The Agency further declares that the individual signing this agreement has personally verified the age verification documents to confirm that the individual depicted in the content submitted to the company is of legal consent age in the jurisdiction where the content was created.
4.6 That any member who submits content that relates to or depicts a business or venue has permission from that business or venue to post such content and that such content does not infringe the intellectual property rights of the business or venue featured .
4.7. That the business information provided by the member to the company is valid, authentic and real; that the member has all necessary rights to use and submit the business Data to the company; that the information contained therein is true and accurate; and that all documents used to identify members are documents issued by the authority of an appropriate and valid governmental agency of the person whose name appears on the documents.
4.8. This member possesses and maintains valid, authentic and real documents of the person(s) depicted in the content that the member has submitted to the company upon request, demonstrating that such persons are adults over the age of eighteen (18) years of age (or older if the legal age in the jurisdiction in which the individuals were photographed is over 18) when the content depicting them was created. Member acknowledges that this documentation contains evidence of the date of manufacture of each representation.
4.9. That no claim has been made against the member in relation to the content or otherwise and that the member is not aware of any claim that the content infringes the intellectual property rights or rights in any other work and/or person, film or corporation at all.
4.10. That all obligations relating to the content, including but not limited to all salaries, royalties, present and future license fees, service fees and the like, if any, have been paid in full to date.
4.11. That the content:
– is not illegal or unlawful
– not promote illegal activities or link to websites or social media that promote illegal activities
– not promote or be associated with unlawful violence
– is not harassing, defamatory, hateful, abusive, defamatory or obscene
– does not contain links to websites that contain illegal, defamatory, hateful, abusive, libelous or obscene content
– Contain no depictions of actual or simulated sexual activity
– does not show the genitals or pubic area
– has at no time been the subject of any criminal prosecution, investigation or civil action by any party or governmental authority.
company reserves the right, but assumes no obligation, to delete, remove, or refuse to post any content that it determines is illegal, obscene, objectionable, or in violation of this agreement or its policies and procedures. User waives all claims related to such removal.
4.12. That nothing in the content constitutes or suggests an offer to engage in any unlawful conduct or conduct, a solicitation or meeting to engage in any unlawful conduct or conduct, or any communication regarding any illegal conduct or conduct of any kind, in all cases all applicable laws. Such content is strictly prohibited and posting the same will result in termination of the member’s account with the company.
4.13. That if a member conducts any business described or mentioned in any content submitted by the member to the company or located on the member’s website or member’s own social networking site, that business will comply with all applicable laws and that the member has obtained all necessary licenses, permits and approvals to engage in such business from all relevant bodies and authorities.
4.14. This member has read, understands, accepts, and will fully comply with the company’s then current policies, statements, and other operational procedures as they appear on DEXXIRE.
4.15. This user will defend, indemnify and hold harmless the company from and against any and all suits, claims, judgments, penalties, losses, damages, costs, fees, including reasonable attorneys’ fees and other losses, which may be obtained or imposed for reason of breach of any representation, warranty , promise or agreement, or any misrepresentation by member hereunder, or any allegation that any content submitted to company by user or posted by member infringes intellectual property rights or other rights of any third party as a result of company’s use of the content. Member further agrees to reimburse company for all costs, including attorneys’ fees, incurred in responding to any subpoena, disclosure request, court order, law enforcement request, or other legal process involving user.
4.16. Submission by such user of content that violates the requirements set forth in this agreement may constitute a material breach of this agreement, allowing company to terminate it with immediate effect.
5. Limitation of Liability for Posted content
5.1. User agrees that company shall not be responsible or liable in any way or to any extent for any loss of or damage to any content delivered or transmitted by member to company. All content is subject to record retention and other related company policies. Member expressly acknowledges that member provides only copies of the content to company and that company shall have no obligation to maintain backup copies of any content submitted by member or to return any content to member.
5.2. Member agrees that company shall not be responsible or liable for the acts or omissions of any user who contacts member or visits member’s websites through company or otherwise (“Traffic”). This traffic is provided without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or quality. Member is responsible for ensuring that such traffic agrees with member’s terms and conditions, and if such traffic violates such terms and conditions, member agrees not to hold company liable or responsible.
5.3. Member agrees that the company will not be responsible or liable for the actions of any person who responds to any profile or member content posted on the company. The member expressly indemnifies the company against any and all claims arising out of personal injury, mental suffering, property damage, loss of life, loss of liberty, injury, illness, pregnancy or any other damage/loss suffered by the member as a result of interactions with third parties which arising from content posted on the company.
6. Disclaimer of Warranties/Assumption of Risk, Limitation of Liability
6.1. Disclaimer of Warranties/Assumption of Risk. User expressly agrees that member’s use of the Services provided by company is at member’s sole and exclusive risk. The Services are provided “as is, with all faults” and “as available”. The company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality, title and non-infringement, to the extent provided by law. Company makes no warranty that the Services will meet member’s requirements or that the Services will be uninterrupted, timely, secure or error-free; The company also makes no warranty as to the results that may be obtained from the use of the Services, viewers or users of its websites, traffic, or the accuracy or reliability of any information obtained through the Services, or for any defects in any software, hardware or the Services will be corrected. Member understands and agrees that any use of any material and/or data downloaded or otherwise obtained through the use of the Services shall be at member’s sole discretion and risk and that member shall be solely responsible for any damage to its computer system or any loss of data resulting from the download of such materials and/or data. In addition, member also agrees that any informative article, promotional tip or opinion piece (collectively referred to herein as an “article”) located anywhere within the company is not intended to constitute professional or legal advice and solely reflects the opinions of the authors of the articles . Member hereby agrees that reliance on any article is solely member’s choice, and member further agrees to waive any liability that may arise from member’s decision to follow advice contained in articles can be included.
6.2. Limitation of liability. The member understands and agrees that to the fullest extent permitted by law, in no event shall the group of companies be liable for any damages whatsoever to the member or any person or entity asserting rights arising out of the agency’s rights (including, but not limited to damages for loss of business profits, business interruption, loss of business information and other special, exemplary, punitive, indirect, incidental, consequential or other pecuniary loss) related to, based on or arising out of this agreement, the company’s reliance on services the articles published about the company or the company’s use of any software, hardware or telecommunications facilities in the provision of services to members, even if the company has been made aware of it, has other reason to know or actually knew of the possibility of such damages. Member acknowledges that the foregoing sentence reflects an informed, voluntary sharing of risks (known and unknown) between the parties that may exist in connection with this agreement, that such voluntary risk sharing was an integral part of the agreement between the parties and that the terms, commercial or otherwise, of this agreement have been negotiated and agreed upon by the parties in reliance on such voluntary allocation of risk. In any case, company’s aggregate liability under any term of this agreement shall not exceed ten dollars ($10.00) in the again. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply.
7. Role of the company as an online service provider
7.1. The user agrees that the member is the creator and producer of his content and is solely responsible for any content published on one or more of the company’s outlets and accepts all obligations related to the content, as at others point described in this agreement.
7.2. The parties acknowledge and agree that company acts as an intermediary of communications for its third party members and/or users. The company does not produce, design or otherwise make any content available to its members. As such, the parties acknowledge and agree that company is to be considered an online service provider (“OSP”) and also an interactive computer service. Nothing contained herein shall be construed as a waiver of any rights in this regard. Member must provide notice and comply with applicable notification procedures and agree that company will take full advantage of applicable safe harbor, immunities, limitations of liability, defense of the good samaritan and other provisions relating to providers and users of interactive computers services set forth in applicable law, and any similar notices and other provisions that limit or otherwise isolate the liability of OSPs and providers or users of interactive computer services under the laws of the jurisdiction in which members or agents of members may bring a claim against the company or any company assigning or sublicensing any rights granted to company hereunder.
7.3. Member acknowledges its responsibility to prevent minors in its care from accessing harmful or inappropriate material. The user agrees not to allow minors to view such content and the member undertakes to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available that can help users restrict underage access to harmful or inappropriate material. The member is hereby informed that they can research such services on the following websites:
https://www.fosi.org/good-digital-parenting/
http://www.parentalguidance.org
Among other. Please note that the company makes no representations or warranties with respect to any products or services referenced on such websites and the company recommends that the member conduct appropriate due diligence prior to purchasing or installing any online filter. Member agrees to take special measures to prevent minors from viewing company content where a minor has access to member’s computer or mobile device. Finally, member agrees that if the member is a parent or guardian of a minor child, it is the member’s responsibility, and not the company’s, to ensure that any age-restricted content of the company is not viewed or accessed by the children or wards of the member can be called.
7.4. User acknowledges and understands that company is acting as a provider of an interactive computer service. Therefore, the company is immune from and cannot be held responsible for any claim arising from the posting or transmission of member and third party content. The company does not create such content and is not responsible for the posting of any remarks or communications by third parties which may be punishable under applicable law, including but not limited to the posting of material which may be punishable as defamatory or a breach of privacy or publication rights. Note that the law allows the company to remove or block content that it finds offensive, defamatory, obscene, or otherwise violates company policies without affecting the company’s status as a provider of an interactive computer service.
8. Publishing standards
8.1. The company never posts and does not accept profile content from anyone under the age of 18.
The company will never post any member’s picture or video taken before the member’s 18th birthday.
The company will never allow a member to suggest or imply that they are under the age of 18 (even if the company has proof that the member is in fact at least 18 years of age).
members may not market themselves using adjectives that could be used to describe a person under the age of 18.
8.2. The company is not the creator or owner of this third-party content and does not propose or provide any content to any third-party. Company does not enforce the intellectual property rights of members as members retain full rights and ownership of the content they provide, save for a limited license granted to company by the member agreement to host their content.
The company is only a publisher and not a content provider. Submitted materials that meet our publication standards and quality assurance requirements will be published without any action by company employees.
The company will not post any text that is considered sexually suggestive or explicit or that solicits or could be misconstrued as soliciting or engaging in unlawful behavior or conduct.
The company complies with US law; Your location does not determine which laws apply to your profile.
The company does not publish discriminatory, offensive or otherwise inappropriate texts.
The company will not post any text that infringes the copyright, trademark, or intellectual property rights of any other company, product, person, or service.
members may not post any references or links, hyperlinks or URLs to third party websites.
members cannot post threats to other users or viewers.
The company encourages members to submit their text exactly as they would like it presented on their profile.
The company reserves the right to terminate a member’s account if the member violates US law.
8.3. The company will not post any image that would be mistakenly misconstrued as soliciting or engaging in any unlawful conduct or conduct.
Images showing watermarks with links, hyperlinks, or URLs cannot be published.
The company will not post any image that indicates, suggests or would be misconstrued that the member is under the age of 18.
The company will not post a picture of a member that was taken before the member was at least 18 years old.
The company will not post images that are discriminatory, offensive, or otherwise inappropriate.
The company will not post any images that would fall under title 18 United States Code section 2257.
The company encourages members to submit their images exactly as they would like them to appear in their ad.
8.4. The company will not post videos that are considered sexually suggestive or explicit, or that encourage or could be misconstrued as engaging in unlawful conduct or conduct.
The company will not post any video longer than 3 minutes.
The company will not post videos that are discriminatory, offensive, or otherwise inappropriate.
The company will not post any video that would fall under Title 18 United States code section 2257.
The company’s video posting Policy is consistent with the company’s photo posting policy.
9. Documents
9.1. The company may require the user to upload a video of their full-color government-issued ID card. The company only accepts certain types of IDs. Allowed IDs are:
UNITED STATES:
• Driver’s licenses issued in the United States
• ID cards issued in the United States
• Passports issued in the United States
• Permanent residence cards issued in the United States
• Driver’s licenses and ID cards issued by US territories (Puerto Rico, Guam, etc.)
• Passports issued by another country
The documents must be up to date when the profile is published.
9.2. In the event the company is unable to see the member’s face in an image (e.g., blurred face, image cropped at the shoulders to remove the head, and images of members in positions that obscure their facial features), the company’s employees must carry out an increased examination of the overall content and context of the profile.
If for any reason there is any doubt that the user is over the age of 18 (appearance of the member’s physical features, text indicating or alluding that the member may be young, etc.), the member must provide a clear statement, uncircumcised or otherwise unobscured facial image.
This unobstructed image is used in addition to the other stored profile images to determine if the images submitted in the ad and the ID the business has on file match.
9.3. Members have the option to get verified, which is just a label.
We only guarantee that the documents held by the company match the authentication photo uploaded by the user.
10. Miscellaneous Provisions
10.1. All content and other information provided by the user to the company will not be considered non-confidential by the parties for any purpose. Notwithstanding anything to the contrary in this agreement, the company may, in its sole discretion, respond to reasonable formal or informal requests for member information. The company has no obligation to resist or deny any such request or to notify any member of any such request before providing such information.
10.2. Each party acknowledges and agrees that it has read and understood this agreement in its entirety and has had the opportunity to retain counsel of its choice prior to acceptance. This agreement contains the entire agreement between member and company relating to the subject matter hereunder. This agreement supersedes all prior agreements, writings and representations, whether written or oral, and is not subject to change without prior notice from the company. This agreement shall bind and benefit the parties and their respective heirs, personal representatives, successors and assigns. While this agreement may be transferred or assigned by the company, it may not be transferred or assigned by the member.
10.3. Member agrees that if for any reason one or more of the provisions contained in this agreement are held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not govern other provisions of this agreement and this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been included.
10.4. User agrees that this agreement is deemed to be drafted by both member and company for construction purposes. Any ambiguity and/or discrepancy shall not be construed in favor of or against either party.
10.5. Member agrees that in any dispute arising out of this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including attorneys’ fees on appeal.
10.6. The parties agree that this agreement shall be governed and construed in accordance with Ireland law. The application of the united nations convention on contracts for the international sale of goods is expressly excluded. In the event of any dispute between the parties arising out of or otherwise related to this agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct or informal negotiation, the parties’ only method of settling such a dispute shall be finally settled under the rules of arbitration of a Ireland chamber of commerce by an arbitrator knowledgeable in internet and e-commerce disputes arising in be appointed in accordance with these rules. The proceedings will take place in Ireland and will be held in english, except for claims for which an injunctive relief is duly sought, which must be filed with a court of competent jurisdiction.
The arbitrator shall have no authority to award punitive or exemplary damages; certify a class action; add any parties; modify or ignore the terms of this agreement; and are bound by applicable law. The arbitrator must be a member of a bar in good standing and have the ability to sign an oath of neutrality. The arbitrator shall, within thirty (30) days after the conclusion of the arbitration, provide a written opinion setting out all the material facts and the basis of his or her determination. The arbitrator’s decision or award shall be final and binding on the parties. Any award may be entered as a judgment or order in any court of competent jurisdiction.
The parties hereby waive any rights they may have in court proceedings relating to any arbitration claim.
10.7. No waiver by either party of any default shall be deemed a waiver of any prior or subsequent default of the same or any other provision of this agreement.
10.8. Except for the member’s obligation to pay fees when due, neither party shall be liable or deemed in breach or default by reason of any delay or default under this agreement as a result of any cause or condition beyond the reasonable control of such party and that such party cannot overcome through the use of commercially reasonable care, including but not limited to acts of god; War, riot, embargo, acts of civil or military violence or terrorism, fire, flood, earthquake, cyclone, tropical storm or other natural disaster; fiber cuts; strikes or shortage of transportation, facilities, fuel, energy, labor or materials, failure of telecommunications or information services infrastructure, hacking, breach of data security, spam, network congestion or failure of any computer, server or software. If a force majeure event occurs, the affected party will promptly notify the other party in writing and use commercially reasonable efforts to minimize the effects of the event.
10.9. The relationship between company and user under this agreement is that of independent contractors and must not be, or impersonate, the other’s partner, franchisor, franchisee, broker, employee, servant, agent or agent for any purpose. Neither party is granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or on behalf of any other party or to bind any other party in any manner or matter beyond the obligations created by this agreement.
10.10. Either party shall have the right to terminate this agreement for cause for breach of this agreement effective immediately upon written notice to the other party. Either party may terminate this agreement for any reason upon ten (10) days notice to the other. However, any termination by a member will result in the removal of all content provided by the member from the company’s public sites, subject to retention for archival, contractual or legal purposes in accordance with section 3.5. Upon termination, no member contributed content will be returned. In the event of termination by the member or termination by the company for cause, no payments will be refunded. Except as provided herein, the parties relationship will end upon termination.
10.11. All notices (e.g. under section 3.5 or section 8.10) to the company must be sent to the company using the contact form in the app or on the websites and you must pay attention to “Legal” in the comments section.
10.12. For the avoidance of doubt, to the extent any indemnity or indemnity is granted in favor of the company, such indemnity extends to the company’s agents, affiliates, employees, officers, directors, stockholders, attorneys, vendors and contractors, predecessors, successors and assigns.
10.13. Sections 1, 2.1-2.4, 2.6-2.12, 2.14, 3.2-3.8 and sections 4 through 10, all representations, warranties and indemnification obligations of members, and any sections which by their nature would survive, shall survive any termination or expiration thereof agreement exist agreement for any reason.
Important!
Notwithstanding anything to the contrary in this agreement or elsewhere, the company always reserves the right, in its sole discretion, to request IDs, request photos for verification purposes, verify the age of members appearing in photos at the time the photos were taken, refuse any content, change prices and/or the pricing model, and/or change profile categories and policies related to such categories, and also sell, transfer or assign some or all member data and information, including without limitation, personal data as such term has been broadly construed and defined and/or to third parties and all predecessors, successors and assigns in the event of bankruptcy, receivership or insolvency or if the company or all or substantially all of the company’s assets are lost in a sale, merger or other reorganization of the company in in accordance with this agreement – this authorization and permission to do so – will survive any termination or expiration of this agreement. To the extent user does not agree to changes in pricing or pricing model or service options, member may terminate this agreement and refrain from future postings.
Thereupon, the parties hereby agree to the terms set forth above.