DEFINITIONS OF NAMES
Mylife enterprise social company LLC. (hereafter “MY” as defined below) manages the rimmelstudios.com web platform and other platforms, it also makes use of partners and other promotion and sales channels to promote the material produced by PERFORMERS and by MY itself, for convenience all these services below will be listed under the name COMMUNITY.
Following the actors, models, performers, cammers will be reported for convenience under the name of PERFORMER (S) the users of our sites or third party sites / servants will be grouped under the name of USERS.
PERFORMER / S can publish, transmit, license, share and sell their original videos and photos, we also offer services such as live streaming or live chat for USERS / PERFORMERS. The COMMUNITY offers explicit adult entertainment and is only open to consenting adults.
YOU MUST BE AT LEAST 18 YEARS OLD AND LEGAL CONSENT PURSUANT TO THE LAWS OF THE APPLICABLE JURISDICTION TO ACCEPT THE TERMS BELOW DENOMINATED “TERMS OF SERVICE OR TER”.
USE OF THE COMMUNITY IS FORBIDDEN WHERE LAW PROVIDES FOR IT.
WE DO NOT TOLERATE ANY MATERIAL THAT INVOLVES OR MINOR REPRESENTATIVES, WE HAVE A ZERO TOLERANCE POLICY ON PEDOPHILES, PEDERASTS OR ANY PEDOPHILIA, PEDERASTY OR SIMILAR ACTIVITIES.
WE TAKE STRICT MEASURES TO ENSURE THAT NO PERFORMERS HAVE AN ILLEGAL OR OFFENSIVE BEHAVIOR.
By using the COMMUNITY or by being part of it as a PERFORMER, you are demonstrating your availability and confirming that your agreement is legally bound and you accept all the terms of this document (TER), including all the amendments or modifications made from time to time. time. MY reserves the right, in its sole discretion, to review this document (TER).
You agree that all changes to this document (TER) are effective and applicable at the time of publication. In addition, you accept and understand that it is up to you to be informed and periodically review all this document (TER) to see if something has changed. MY will not be responsible for your negligence of your legal rights.
IF YOU DO NOT AGREE WITH THIS DOCUMENT (TER) OR IF YOU DO NOT AGREE WITH ANY POINT REPORTED IN THIS REVISED DOCUMENT (TER), DO NOT USE THE COMMUNITY.
1. DEFINITIONS Where used in this document (TER), unless there is something disagreeing in the context, the following terms will have the following meaning:
1.1. “Transmission” includes the uploading, publication, transmission, sharing and offering of content, including live streams;
1.2. “Content” means, depending on the context in which it is used, the content generated by the original or revised PERFORMER / S. The content includes images, videos (pre-recorded or live streaming) and other materials, including, but not limited to, text, images, graphics, data, audio, messages (including online chat), live streaming, comments, memberships, competitions, sweepstakes, crowdfunding initiatives and tangible goods supplied, sold, offered or published by PERFORMER or USERS on the COMMUNITY from time to time;
1.3. “Live streaming” means the sessions organized by PERFORMER during which the contents are streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility of having sessions in two ways;
1.4. “USERS” means registered and unregistered people who use the COMMUNITY for their personal use, also called “MY USERS”, excluding PERFORMERS. For clarity, all members are users, but not all users are PERFORMERS;
1.5. “MY” and all first-person pronouns (such as “we”, “we” “our”, “our”) refer to MY LIFE ENTERPRISE SOCIAL COMPANY LL., 16192 Coastal Highway Lewes. Delaware 19958-9776 and its affiliates or transferees. MY also manages the COMMUNITY and acts as an intermediary between PERFORMER and the use of the COMMUNITY, as well as to allow PERFORMER and USERS to interact on the platform;
1.6. “Net proceeds” means the amount of money charged to a particular USER for access to the Content, advertising, pay per view or other, less any refunds or similar refunds made on such Licensed or sold Content, as well as in some specific cases of fraud;
1.7. “COMMUNITY” refers to the hosting service managed and managed by MY and all the services used by MY to promote sell, also gain from third parties, in which PERFORMERS can transmit or appear, license and sell their content using the tools and functions provided by this COMMUNITY, as well as the points where USERS who use the COMMUNITY can view and publish Content (except Live streams) and where PERFORMER and USERS can interact online;
1.9. “PERFORMER (S)”, as well as all second-person pronouns (such as “you”, “your”, “your”) must refer to independent models, artists and other producers or content studios, actors registered as such.
2. GENERAL CONDITIONS
2.1. These TER regulate your rights and responsibilities in relation to the COMMUNITY and it is a binding contract between you and us (and not between you or us and none of the USERS). We invite you to read this document (TER) carefully and periodically.
2.2. Without prejudice to Section 4.2 and subject to compliance with all these terms included in the (TER), MY hereby grants the USER a free, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the COMMUNITY for personal use only. This is a license to use and access the community for the intended purpose and does not represent a transferable title.
2.3. The COMMUNITY gives you the opportunity to transmit, license and sell your content, previews and image galleries, excluding any downloaded content; as a MEMBER / USER, the COMMUNITY gives you the opportunity to pay a service fee, as well as to interact online with the MEMBERS / USERS and offer live streaming. All content accessible or sold through the COMMUNITY must be accessible or sold to USERS for private use only. You understand and agree that, as a service provider, MY acts only as an intermediary and cannot be held responsible for the activities you carry out through the COMMUNITY. MY does not approve any Content or post and expressly disclaims any responsibility for the Content or post. COMMUNITY must be used only in accordance with local laws and community standards; it is not possible to access or use the COMMUNITY where prohibited by law.
2.4. You accept and understand that MIO cannot guarantee the security or privacy of information provided via the Internet and the COMMUNITY. We strongly condemn any form of interaction between Users and PERFORMERS outside the COMMUNITY. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of the COMMUNITY for the purpose of engaging in illegal or illegal activities is prohibited. You agree to take all necessary precautions when interacting online with other USERS and PERFORMERS. You also understand that we do not carry out any prior verification or any type of criminal record check on our USERS or PERFORMERS and therefore we do not issue any declaration or guarantee regarding the behavior of our USERS or PERFORMERS. Therefore, the user agrees to remain vigilant and to take all necessary precautions when interacting with other USERS or PERFORMERS on the platform.
2.5.You accept and declare only to transmit original and your own or duly authorized contents. In addition, any content uploaded to the COMMUNITY must comply. We reserve the undisputed right to remove any non-compliant Uploaded Content at any time, without notice.
3. YOUR ACCOUNT
3.1. Registration. To access the platform as PERFORMER and to transmit, license and sell your content, you must first register by creating a PERFORMER account. You will need to choose a username that must be unique to you, not offensive to others and not in violation of the intellectual property of third parties (such as copyright or trademark) and you will be asked to complete the registration; to do this, you need to complete an online registration form that includes the legal name and date of birth. You will also be asked to provide valid government-issued documents. Once we receive the duly completed registration form, our support team will review it within 24-48 hours. If something is missing or invalid, our team will contact you to validate and / or obtain further information. Please note that MY reserves the right to refuse any account registration, for any reason, in its sole and complete discretion. My can ask for further documents if you also want to become a PERFORMER cam.
3.2. Confidentiality of your account. You agree and declare that you will not share your account or login information, nor allow anyone else to access your account or do anything else that could compromise the security of your account. In the event that you become aware of or reasonably suspect any security breach, including without limitation any loss, theft, unauthorized access or disclosure of your login information, you must immediately notify and change your login information. You are solely responsible for maintaining the confidentiality of your access information and you will be responsible for all uses of your access information, including uploads, even if authorized by you. You will be responsible for any losses incurred by us due to unauthorized use of your account. We are not responsible for your losses caused by any unauthorized use of your account and hereby specifically waive any claim for compensation and agree to defend, and indemnify MY against such claims against it by third parties. In short, you are responsible for everything that happens through your account.
3.3. Account and profile settings. As a PERFORMER, you can modify and modify your account settings at any time through the videomylifexxx.com site where possible or by sending an email to email@example.com, including the profile picture and general preferences, as well as preferences notification. You are solely responsible for your interactions with USERS and other PERFORMERS; we will not monitor or participate in any conflict resolution between the USER and any USER or PERFORMER.
3.4. Content. You are solely responsible for all transmission of content through your account or sent by other means to the COMMUNITY, including any personalization made on your profile, any publication on your wall, live streaming and messages. It is necessary to evaluate and bear all the risks associated with the use of the COMMUNITY and the contents. You will not transmit content that may be deemed illegal, involving or showing minors or simply not permitted by us, including any content in violation of this document (TER). Furthermore, the USER agrees not to transmit content that violates the intellectual property rights of third parties or that violates the privacy of another person. You understand and accept that your profile and the uploaded Contents may be visible or searchable by other PERFORMERS or USERS of the COMMUNITY, through the internet or other means, including those of a future invention. In addition, you understand and accept that your profile and your uploaded content may be visible or searchable by publicly available search engines; if you want some or all of your uploaded profiles and / or Content to be removed from publicly available search engines, it is your sole responsibility to do so and submit such removal requests with the operator (s) concerned. Notwithstanding Sections 3.2 and 3.4 of this document, in the event that a PERFORMER has shared his account or access information with another PERFORMER pursuant to a separate agreement, the PERFORMER expressly waives any claim and / or damage deriving from this agreement with this PERFORMER and undertakes to defend, and hold MY not liable and indemnify against any claim and / or damage deriving from such shared access. Without limiting the foregoing, the PERFORMER undertakes at all times not to hold responsible and indemnify MY responsible in relation to any activity carried out through access to its account, whether or not related to the Contents uploaded to the PERFORMER account or shared through partners. or to any payment made by MY on the basis of specific payment instructions received from MY in accordance with these separate agreements entered into between PERFORMER and another PERFORMER. The PERFORMER acknowledges that if it were to authorize / direct MY to pay any sum due to another PERFORMER, the PERFORMER will not have to appeal to MY in relation to this amount once paid to the designated beneficiary. It should be the sole responsibility of the PERFORMER to notify MY in writing of any termination of this separate agreement.
3.5. License for your content. Using the COMMUNITY, USERS are granted nothing but the right to view, or the ability to pay to view or download your Content. You accept and understand that MY can use your Content only for promotional or commercial purposes and to render services pursuant to these TER, and therefore grant MY a perpetual, unlimited, royalty-free, worldwide, exclusive, irrevocable and transferable license for the execution, copying, reproduction, publication, communication, for grouping, distributing, marketing, creating works derived from adaptations, translations, transmitting, disposing, disposing, modifying, altering, granting the license of, exporting , host, make available or otherwise use the Content, alone or in combination with other works, including, but not limited to, texts, data, images, photographs, illustrations, animations, graphics, videos or audio segments and hyperlinks, using any technology, now known or future. You hereby declare that you have the right to grant the above license.
By accepting this document, you also give MY consent to register and for your name / account to third-party services (websites / cam sites included) in order to increase the profits from which you too benefit.
3.6. Linking your account to social media. The platform allows you to connect your account or to publish on various social media or third-party social network sites (“Third-party site”). If you choose to do so, you accept and acknowledge that you bear all the risks that may arise from this connection. By connecting your account or posting content on a third party site, you understand and acknowledge that MY has no control over that third party site and that it is your sole responsibility to ensure that you understand, accept and comply with these third party site terms and conditions. .
3.7. Content and closure of your account. If you decide to close your account, which you can do at any time by sending an email to firstname.lastname@example.org, all your content will not be deleted, in any way you will be able to request the removal of the content, and you understand that such content may remain visible on the INTERNET and means of future invention and spammed by MY third parties. Your content will not be remunerated in any way after closing your account.
3.8. Prohibitions. You agree not to: (i) attempt to inhibit the sales or activity of another PERFORMER by using the COMMUNITY; (ii) perform any act that MY deems improper or in conflict with the spirit or intention of the COMMUNITY; (iii) make inappropriate use of the COMMUNITY; (iv) use the COMMUNITY to engage in any form of harassment, prostitution, sexual trafficking or other illegal or offensive behavior, or to publish or share any defamatory, offensive, libelous or libelous statement (v) attempt to obtain unauthorized use to the COMMUNITY , by any means, including but not limited to, circumventing and modifying, any technology, device, security or software that is part of the COMMUNITY; (vi) interrupt, interfere, overload or witness the interruption of the COMMUNITY or of our servers, this includes, but is not limited to, any type of attack, virus distribution or other attempts to interrupt the COMMUNITY or other people who use the COMMUNITY; (vii) modify, reverse engineer, assemble, decompile or hack any software application or related tools or utilities used by the COMMUNITY; or (viii) otherwise violate any applicable law or regulation, or encourage or enable such violation.
3.9. Regulations. You agree to provide us with documentation that complies with applicable law for the retention of documents when registering your account. This means that you must provide us with a minimum of 2 valid documents, one of which is a government photo ID. The other form of identification must be an official document bearing your name and legal address. The original documents required under the law for materials contained in the COMMUNITY must be kept safe by the competent Registrar. Without prejudice to the foregoing or anything else to the contrary, the USER understands and acknowledges that MY does not act as a “producer, but it is necessary, and therefore it is the responsibility of the USER, to create and maintain the records required by the regulations, including those of other artists or PERFORMERS that appear in your content. You will continue to keep the originals of these records in the manner and for the duration of these TER plus a term of 7 years or the period of time required by law (depending on what the period is longer). At any time and for any reason, MY may request a copy of the related documentation. If you cannot provide us with the required documentation, your account may be closed and all revenue lost.
3.10. Reporting of pornography involving minors. MY agrees to cooperate with any law enforcement agency investigating child pornography and to comply with any applicable laws relating to mandatory reporting of pornography involving minors. We ask you and encourage you to report any illegal activity involving minors directly to us and to the authorities. The report must include all appropriate evidence, including the identified content, as well as the time and date of identification. All reports will be taken seriously and immediately reviewed.
3.11. DMCA. We support the protection of copyright holders’ intellectual property rights, and will therefore respond to notices of alleged copyright infringement made in accordance with our Digital Millennium Copyright Act (“DMCA”) Notice and removal policy, which can be found here .
3.12. Notice section. Understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful or otherwise inappropriate material: understand that no minor can have access to the Content, and accept and guarantee the adoption of responsible measures to prevent them from doing so . Parental control protections (such as hardware, software or filter services) are commercially available and can help you limit access to explicit, harmful or otherwise inappropriate material for minors. We inform you that it is possible to search for these services on websites such as, but not limited to: http://www.safesurfingkids.com/, http://www.safekids.com/internet-safetyorganizations-sites/ and http: // www .safesearchkids.com / internet-safety-tips-forkids / #. WR3-e2ffMbo. Please note that we do not make any representations or endorsements regarding products or information found on such third party websites and recommend that you conduct your investigation before installing any online filters. Furthermore, you accept that it is your sole responsibility, in full exclusion from MY, to prevent explicit, harmful or otherwise inappropriate material from being viewed, viewed or consulted by minors.
4. 4. SERVICE FEES; PRICES; PAYMENTS
4.1. 4.1. Low prices. Unless otherwise provided, the selling price of / of the material or subscription is decided by MY, PERFORMER receives 50% of all the earnings generated by its material in our network. MY will send a report every 15 of the month of the earnings (also calculated for the average) due.
4.2. 4.2. Service fees. You don’t have to bear any cost for joining MY. Compensation to MY for using the COMMUNITY is calculated on the net proceeds of the Content sold to USERS or in advertising and other forms. During the term of these terms of service, MY will retain service fees from the net proceeds from the content sold to users through the COMMUNITY, all in accordance with the MY pricing policy then in effect. These service costs are inclusive of all applicable taxes, such an invoice which must be received by PERFORMER in conjunction with its monthly payment (as applicable), as provided in Section 4.4 below.
4.3. Token. Tokens are a feature made available to members and can only be used as a reward offered as a recognition of appreciation to PERFORMER for only live streaming content (“tokens”). For clarity, tokens cannot be used as payment for content, nor should members access the platform or content. When they assign the token, members do so for their free will and should not expect anything in return. MY will maintain a certain percentage of the tokens received by PERFORMER, all in accordance with the packages and prices of the tokens, which are subject to periodic changes.
4.4. 4.4. Payments calendar. Each month is divided into 2 remittance periods: the first remittance period runs from the 1st to the 15th day of the month (inclusive) and the second remittance period from the 16th to the last day of the month (inclusive). Days begin at 12 AM Universal Time Coordinated (“UTC”) and end at 23:59 UTC. MY usually sends payment to PERFORMER within 7 days of the end of each remittance period and no later than 28 days from the end of each of these periods, provided that the balance exceeds the minimum amount required for the chosen payment method. If the balance does not exceed the minimum required amount, the balance will be carried over to the next period and so on. The minimum amount required is set at: $ 100.
4.5. PERFORMER information. It is your responsibility to ensure that all your payment information is complete and accurate to avoid delays in processing payments and to inform us of any problems that may arise with payments.
4.6. Taxes. It is PERFORMER’s sole responsibility to remit all sales taxes applicable to the tax authorities. Without prejudice to the foregoing, where legally required, MY can withhold sales taxes and remit them directly to the tax authorities concerned. In such cases, no sales tax will be paid by the PERFORMER. Without prejudice to the contrary, the PERFORMER undertakes not to hold responsible and indemnify MY where required, its affiliates and its agents from any claim against them by third parties, including the tax authorities, in relation to any sales taxes or withholding at source, in relation to the Content of the PERFORMER purchased or licensed to USERS. Without prejudice to the contrary in these TER, the user accepts and understands that he is solely responsible for the payment of all taxes, state and local taxes, withdrawals or any other similar tax.
4.7. Currency. All amounts indicated in this document and all monetary transactions on the Platform are in US dollars (USD) or in EUR (EURO). If available, and at MY’s sole discretion, payments may be made in the currency chosen by the PERFORMER or in the currency of his place of residence, in which case currency conversions will be based on the bank’s exchange rate or the prevailing payment l agency that manages said payment to PERFORMER.
4.8. 4.8. Settings. As a general rule, MIO does not issue refunds on content purchased by USERS. However, MY may, in its sole discretion, adjust or deduct from the amount to be remitted, or already paid back, to l PERFORMER for any reason, at any time, without notice. In the event that the payment has already been issued to the PERFORMER, MY will deduct this adjustment from the following amount to be remitted to the PERFORMER. The most common reasons for corrections include, but are not limited to, refunds, fraud, damaged content or content misleadingly misleading or mislabeled and technical errors.
4.9. 4.9. Payment adjustments. In the event of a remittance error such as a PERFORMER paid twice by MY, an administration fee of $ 15 will be deducted for the reissue of a new payment and an administration fee of $ 30 will be deducted for any cancellation .. the PERFORMER with the presente accepts that these administrative fees can be compensated by MY with any amount due to this PERFORMER, at MY’s sole discretion.
4.10. Payment: closing your account. If you decide to close your account, which you can do at any time, MY will apply compensation between the amounts owed by MY to you and the amounts owed by you to MY. More specifically, if you have sold subscriptions to any member and cancel your account while the subscription is still valid, MY will deduct membership fees for the time remaining on these subscriptions from the remittance and / or tokens, on a proportional basis. Tokens will be converted to USD in accordance with MY or 3-party token packages and prices. With regard to the remittance referred to in paragraph 4.4 above, MY will remit the remaining balance in full in the subsequent planned remittance period, without prejudice to the following.
Notwithstanding the foregoing, MY will not pay or attempt to pay PERFORMERS with a balance (after compensation) of less than $ 20. By closing your PERFORMER account, you expressly and irrevocably waive any monetary or other income derived from your content. For the sake of clarity, no balance will be reactivated or transferred for any reason, including if a PERFORMER decides to reopen a closed account or create a new one.
5. 5. LIABILITY OF MY; EXCLUSION OF LIABILITY AND INDEMNIFICATION
5.1. You understand that COMMUNITY is an evolving technology and concept. As long as MIO continues to provide access to the COMMUNITY, the COMMUNITY can be updated, improved and expanded. Consequently, we allow you to access the COMMUNITY as it may not exist and be unavailable on a given day and without other obligations, except as expressly indicated in these TER. We may modify, replace, refuse access, suspend or terminate the COMMUNITY in whole or in part, only for you, some or all of our PERFORMERS and USERS, at our sole discretion. All these changes will be effective upon their publication in the COMMUNITY or through direct communication to the user, unless otherwise indicated.
5.2. As a service provider, MY has no obligation to monitor, regulate or supervise the contents, however we reserve the right to do so. We also reserve the right to refuse, remove and / or discard any content from the COMMUNITY, or to block your account in whole or in part, with or without notice if deemed by us to be contrary to this document (TER).
5.3. COMMUNITY IS PROVIDED ON AN “AS IS” BASIS. AND “AS AVAILABLE”, WITHOUT ANY KIND OF WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE PERFORMER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND ARISING OUT OF ITS / YOUR USE OF THE COMMUNITY; INCLUDING, BUT NOT LIMITED TO, RISKS RELATED TO THE PUBLICITY OF APPEARING ON THE COMMUNITY, SUCH AS THE RISK OF REGISTRATION, PIRACY, SEXUAL MASSAGES, DEFAMATION, INFRINGEMENT OF PUBLICITY OR PRIVACY RIGHTS, UNAUTHORIZED DISCLOSURE OR PERFORMANCE PERFORMANCE MODELS / ACTORS THAT APPEAR IN CONTENT AND ANY RISK ARISING FROM CONVERSATIONS AND / OR STREAM LIVE BETWEEN PERFORMERS AND / OR USERS.
5.4. MY DOES NOT WARRANT THAT IT WILL BE ABLE TO ACCESS OR USE THE COMMUNITY AT THE TIME OR LOCATION OF THE CHOICE; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY WILL NOT BE LIABLE FOR ANY FAILURE TO CARRY OUT DUE TO UNEXPECTED CIRCUMSTANCES OR CAUSES OTHER THAN OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO THE ACTS OF GOD, THE FAILURE OF TELECOMMUNICATIONS OR THE INFORMATION SERVICES OF INFRASTRUCTURE, HACK (INCLUDING THE OPERATING SYSTEM), CHANGES OR UPDATES OF THE SERVER, OR CHANGES OF SERVICE PROVIDERS, FOR HOW LONG THIS EVENT CONTINUES TO DELAY THE COMMUNITY PERFORMANCE.
5.5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY (INCLUDING ITS OFFICIALS, DIRECTORS, EMPLOYEES AND AGENTS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING A NON-RESERVED PERFORMANCE. , LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OR RELATED IN ANY WAY FROM THIS TER OR THE COMMUNITY, BASED ON CONTRACT, TER OR ANY LEGAL THEORY, AND IF MY OR HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES ARISING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. THE PERFORMER AGREES ALSO THAT IN THE EVENT OF SENDING THIS SECTION 5.4 OF THE TER, MY’S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST MY SUCCESS BY THESE TER, IF MENTIONED IN THE CONTRACT OR IN CONTACT, WILL BE LIMITED TO THE LIQUID DAMAGES AMOUNT $ 100 USD AND NO LONGER.
5.6. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold MY not responsible, the operator, its parent company, its subsidiaries and affiliates, their officers, directors, shareholders, employees and agents, maintenance of the servers, independent contractors, telecommunication service providers, agents and collaborators from and against any claim, damage, obligation, loss, liability, cost, debt and expenses (including but not limited to legal fees) resulting from: (i) use and USER access to the platform; (ii) your violation or violation of any part of these TER; (iii) violation or violation of third party rights, including but not limited to copyright, property or privacy rights; or (iv) any claim that all or part of the USER Content caused damage to third parties. This defense and indemnification obligation will survive these TERs and your use of the COMMUNITY. You also agree to defend, indemnify and hold MY not liable to defend and indemnify you if third parties are damaged by your illegal actions or we should be obliged to defend against any claim, including but not limited to, any criminal action brought by any party. You agree to indemnify and hold us accountable for any liability that may arise from someone viewing your content. We will promptly notify you of any complaint or cause, as the case may be, and we may decide in our sole discretion to cooperate (at your expense) in defending that complaint or cause. We reserve the right to participate in the defense of this claim or defense at our expense and choose our legal adviser, but we are not obliged to do so. You understand and agree that no communication between you and other COMMUNITY PERFORMERS or USERS is private, including, but not limited to, live streaming and live chat. Hereby the USER expressly releases us and all the other PERFORMERS or USERS of the COMMUNITY from any liability for invasion of privacy, defamation, advertising, false light and related injuries, in the event that communications or user profiles are made public. Nothing contained in this section is intended to limit the scope of the versions and / or compensation contained elsewhere in these TER.
6. DECLARATIONS AND WARRANTIES OF THE PERFORMERS
6.1. 6.1. Declarations and guarantees.
The PERFORMER represents and guarantees:
6.1.1. That the PERFORMER is healthy in mind and body, acts of his own free will and fully understands the terms and conditions of this document (TER), their legal implications;
6.1.2. This PERFORMER IS AT LEAST 18 YEARS OF AGE AND THE LEGAL CONSENT IN THE JURISDICTION IN WHICH IT RESIDES the moment you access the COMMUNITY for the first time, when you create the MY PERFORMAERS account;
6.1.3. Such PERFORMER owns all rights, title and interest in the Registered Content to transfer, authorize or sell the Content in a legal and complete manner through the COMMUNITY and such unnecessary Content violate, or misappropriate third party rights of any kind , including, by way of example, contracts, copyrights, trademark rights, right to advertising, right to privacy, rights to name, likeness, voice or person or similar rights. PERFORMER warrants and declares that it has acquired all the written consents, the license, the release, the authorization or the necessary authorization of all the identifiable persons who participate or are represented in the Content;
6.1.4. This PERFORMER has, and at any time during the period of validity of this document (TER), the full right of the authority to transmit, authorize and sell its contents as established in this document (TER) and to fulfill all the others obligations, guarantees and indemnities set out in this document (TER). The PERFORMER is solely responsible for its presentation in the Contents;
6.1.5. All content is made of lawful material and that the person represented in each content is an adult (over the age of 18 or over the age of 21 in places where the majority age is not 18 years old) at the moment of the first participated in the creation of the thematic part of the content in which they are represented and which have validly and legally allowed to appear in the content. Furthermore, the PERFORMER declares and guarantees that all persons whose voice or image appears in the Content are duly registered with MY and have had their identity verified by MY
6.1.6. PERFORMER / USER has studied, understood and will comply with all laws and legal restrictions in force in the jurisdiction in which the PERFORMER resides (and where relevant, in which any other PERFORMER or USER resides), in particular dealing with issues including, but not limited to, obscenity, material harmful to minors and creation of sexually explicit content and related documentation retention requirements, import and export control laws, misleading advertising, protection of privacy and personal information, anti-discrimination, intellectual property, solicitation illegal business and restrictions on unsolicited commercial messages. It is not possible to use the COMMUNITY to request information that could be used for illegal purposes or to carry out or encourage illegal activities which;
6.1.7. This PERFORMER is solely responsible for obtaining and maintaining all applicable consents, licenses and authorizations required to transmit, authorize and sell content through the COMMUNITY. Without limiting the foregoing, the PERFORMER agrees not to transmit from public places or other places from which it is prohibited to transmit in accordance with local laws and community standards, it also agrees to modify or obfuscate any recognizable brand or trademark, as well as any individual not part of the Content, if any; That the following actual and / or simulated acts are prohibited pursuant to this document (TER) and are prohibited in relation to the transmission of content transmitted by PERFORMER and are not present in any of the contents of the PERFORMER at any time: (i) any portrait of an individual who suggests or implies that that individual is under 18 years old (or less than 21 years old in places where the majority is not 18 years old); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, obscure representations of nude, masturbation or sexual conduct, real or represented; (iii) actual or simulated presentation or representation of any kind in violation of these TERs, including any Content that violates COMMUNITY Rules, such as, but not limited to, illegal or unsafe activities; bestiality; fisting; urination / defecation (golden / brown showers or enemas); incest; necrophilia; torture; extreme violence; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sexual aids, such as dildos, vibrators, etc. to sleep on the camera; performing while drunk; any presentation or representation of illegal drugs; (iv) any Content or product featuring third party trademarks or copyrights or incorporating third party commercial clothing or any matter that is disparaging, humiliating or otherwise harmful to any product, person or entity or any rights thereto;
6.1.9. In addition to 6.1.6 and 6.1.7 and without limiting the generality of these TER, the following acts, actual and / or simulated, are prohibited pursuant to these TER and are prohibited in connection with live streams or any interaction with USERS: (i) impersonate anyone; (ii) request money or other form of payment from USERS; (iii) harass, defame, threaten, use excessive language or be verbally offensive; (iv) represent or share any Content that MY may consider contrary to this TER; (vi) Broadcast from a public place or create the impression that PERFORMER is broadcasting from a public place; (vi) use the information of USERS to provide live sessions or receive payments outside the COMMUNITY; (vii) use or solicit information that could be used for illegal purposes or encourage illegal activities; (viii) publish or share information on other USERS; (ix) stop the flow of a live chat; or (x) record live streams or live chat;
6.1.10. That all content fully complies with all requirements set forth in the regulations (or any other similar applicable legislation) including, but not limited to, that PERFORMER owns and maintains age verification documentation in an acceptable form for MY and that the PERFORMER has implemented and maintains a “registrar” as defined in the Regulation;
This PERFORMER will endeavor to satisfy USERS ‘orders in a timely manner and by matching the description of the order as accepted. You have the option to refuse any order, in its sole discretion. Failure to deliver any order as accepted may result in the USER requesting a refund or cancellation;
6.1.12. The PERFORMER is such as long as it has an account opened with MY, and for a period of 3 months after the closure of that account, it must not divert or attempt to divert any commercial activity, or any other MY PERFORMER or USERS to any website competition, by direct or indirect incentive or otherwise;
6.1.13. Such PERFORMER or any of PERFORMER employees, employers, agents and affiliates MUST NOT, under any circumstances, solicit any USER to arrange personal meetings, personal or private information including, but not limited to, the User’s real names, addresses , e-mail addresses, social media accounts, accounts, billing or payment information and usernames or passwords, nor use the USER in any way to earn or for unfair personal benefit.
6.1.14. This PERFORMER must not misrepresent any of the services provided by MY through the COMMUNITY, nor make false or misleading statements to anyone regarding the service offered by MY through the COMMUNITY or pursuant to these TER.
6.1.15. This PERFORMER is solely responsible for compliance with all applicable laws and regulations in the jurisdiction in which it resides, as well as all laws and regulations applicable to the COMMUNITY and applicable to your use of the COMMUNITY. At any time, you declare that you comply with all the terms, guidelines or additional policies issued by MY.
7. 7. TERM AND TERMINATION
7.1. These TERs will be effective from the date of registration and will remain in effect as long as you continue to have an account like PERFORMER. You can choose to close your account at any time, at your sole discretion.
7.2. MY reserves the right to close this TER and your account at any time, for any reason, with or without cause. If we resolve these TERs for just cause, for example because you violate these TERs, you accept and understand that any amount due to us from us will be forfeited.
7.3. Notwithstanding the contrary, all rights granted by PERFORMER to MY during the period of validity of these TERs will survive the termination of these TERs by both parties.
8. BRANDS, SERVICE BRANDS, BRANDS, CLOTHES AND LOGOS
The trademarks, service names, commercial names, commercial clothes and logos (“trademarks”) contained or described on the platform and all trademarks associated with products available on the platform are the exclusive property of MY and / or its licensors and cannot be be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MY and / or its licensors. In addition, all page headers, custom graphics, button icons and scripts are MY trademarks and cannot be copied, imitated or otherwise used, in whole or in part, without MY’s prior written permission. MY will assert its intellectual property rights to the maximum extent permitted by law.
9. CONFIDENTIAL INFORMATION; NO CIRCUMVENTION
9.1. 9.1. Confidentiality. During the validity period of these TERs and for a period of 10 years after their termination, each party must preserve and protect the confidentiality of all proprietary information and all its physical and digital forms that have been disclosed by a party to the other party during the term of these TERs. MY proprietary information includes, but is not limited to, the following aspects of MY: its COMMUNITY websites, software, employees, customers, affiliates and service providers; intellectual property, functions, features, options, preferences, programming code, style, colors, layout, “graphic aspect”, costs, profitability, statistics, data and any other information in any way related to MY or the way MY conducts business. PERFORMER agrees that the liquidated and final amount of damages resulting from any violation of PERFORMER’s duties imposed by this confidentiality agreement will be $ 5,000 USD per share.
9.2. Not circumvention. During the period of validity of these TER and for a period of 3 years after their termination, PERFORER accepts that neither PERFORMER nor any person under PERFORMER’s control or authority must, directly or indirectly: (i) circumvent or attempt to circumvent MY to form or attempt to form any business relationship with any of MY employees, affiliates or sub-licensees, or that damages, injures or reduces MY and / or the benefits that MY may reasonably expect to enjoy under the rights granted to MY in these TERs; or (ii) own, maintain, commit, participate or have an interest in any company, other than MY, by carrying out activities similar to the COMMUNITY. PERFORMER agrees that the liquidated and final amount of damages resulting from any violation of PERFORMER’s duties imposed by this non-circumvention agreement will be five thousand dollars ($ 5,000 USD) per share.
10. EXTERNAL LINKS
Without prejudice to these TER, the PERFORMER may provide external hypertext links to promote their content, including, without limitation, announcements or promotions, to other sites or platforms managed by third parties provided that these sites or platforms have terms of services which are generally similar to the present TER and not to promote, advertise or facilitate prostitution in any way. MY reserves the right to immediately cancel your account if you suspect you do not comply with this section. MY has no control over these websites and is not responsible for their content, privacy policies or the collection, use or disclosure of any information that those sites may collect.
11.1. Alerts. PERFORMER can send official communications to MY by sending an e-mail to: email@example.com. MY can send official communications to PERFORMER by sending an email to the email address on the PERFORMER account. MY can also send official communications to PERFORMER through the information published in the “notification” or “messaging” sections of the platform. It is your responsibility to monitor and review the “notification” or “messaging” sections of your account. All communications must be legally binding on receipt.
11.2. 11.2. Jurisdiction and applicable law. These TERs will be regulated and interpreted in accordance with the laws of the DELAWARE Province and the federal laws applicable therein, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably agree that the courts of DELAWARE, in the USA, will have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these TERs or its subject matter or training (including disputes or non-contractual requests).
11.3. Language. If these TERs are translated into any other language, it will be for informational purposes only and the Italian language will prevail in case of conflict between the translated version and the English language version.
11.4. 11.4. Whole agreement. These TERs establish the entire agreement between the parties and replace all other written or oral agreements. If any provision of these TERs is deemed invalid under applicable law, that provision will be ineffective only to the extent of that disability, without invalidating the remaining provisions of these TERs.
12.5. No assignment. These TERs, and all rights and licenses granted below, cannot be transferred or assigned by you, but can be assigned by us without restrictions.
12.6. No other limit. Nothing in this document should be interpreted to limit or prevent the ability of both parties to conduct their respective business activities relating to matters not specifically addressed under these TER.
12.7. If you have any questions or complaints regarding these TER or the COMMUNITY, please contact us at firstname.lastname@example.org
18 U.S.C. 2257 Information
In accordance with the Federal Labeling and Record-Keeping Law (also known as 18 U.S.C. 2257), all the models in our domain were at least 18 years of age at the time they were photographed. The age certificates of all the models are kept by the custodian of the archives, listed below, on the manufacturer’s instructions. All content and images fully meet the requirements of 18 U.S.C. 2257 and associated standards.
Keeper of the Archives
Mylife Enterprise Social Company LLC
16192 Coastal Highway lewes. Delaware 19958 – 9776