ADULTS ONLY
We emphasize this point above all other terms because it is of the utmost importance (although it is reiterated below). The VirtuXCams platform is exclusively for consenting adults who wish to express themselves through streaming video and messaging. We maintain a zero-tolerance policy toward minors on the VirtuXCams platform, whether such individuals are indeed underage or are pretending to be minors in any capacity, including role-playing. Additionally, we have zero tolerance for any images of minors being uploaded to our platform for any reason.
Please be aware that we reserve the right to report any suspected cases of minors on our platform to the National Center for Missing and Exploited Children and any other relevant law enforcement agencies we deem appropriate. If you suspect a minor is using the site, we strongly encourage you to report any user you believe or suspect to be under the age of 18. All reports are reviewed promptly. If you are a minor, you must leave this site immediately. You are not legally permitted to use VirtuXCams for any reason, and if we find you on this site, we will report you to law enforcement as outlined above. Your account will not be reactivated under any circumstances.
Regarding all other matters, as we operate solely as an online platform and are not involved in producing or presenting cam broadcasts, we implement only those measures we deem necessary to comply with legal requirements, uphold community standards, and ensure the safety of our users.
THE PLATFORM
The Platform, as defined here, is an online space that offers social networking features, including text and video chat services. Individuals who access the Platform (each referred to as a "Platform Member") can create and share audio, video, interactive, and live content with other Platform Members. This content may include, at the discretion of the providing Platform Member, material of an adult nature. Platform Members, whether or not their accounts are eligible to receive tokens, are free to broadcast their live streaming video on the Platform, subject to the minimal restrictions outlined in these Terms. These restrictions are established to ensure compliance with applicable laws, community standards, and the safety of all Platform Members.
Within the boundaries of legal and safety requirements, Platform Members have full discretion over when and how they produce and broadcast their content, as well as the rules they set for viewers of their streams. Platform Members are also welcome to use other video streaming platforms, either at different times or simultaneously with their use of VirtuXCams. However, Platform Members may not use VirtuXCams to promote or advertise any entity, product, service, or website that provides live-streaming content.
INTRODUCTION AND DESCRIPTION OF SERVICE
By accessing this Platform, you acknowledge that you may encounter explicit content, including nudity, exposed genitals, and individuals engaged in sexual activities involving various gender combinations, as well as acts with multiple participants. By entering and using the Platform, you affirm that you desire to view such materials. Accessing the interactive video chat social networking site, VirtuXCams (referred to collectively as the "Platform"), signifies your agreement to these terms and conditions ("Terms"), forming a binding contract between you ("you") and VirtuXCams LLC (the "Company"). If you do not consent to these Terms, you must immediately leave the Platform and refrain from accessing it again under any circumstances.
While there is no cost to access the Platform and view content, certain features may require you to create an account ("Account"). Platform Members who are eligible to receive tokens from other Platform Members are identified in these Terms as "Independent Creator(s)." Throughout these Terms, the use of terms like "we," "our," "us," or any other appropriate first-person references relate to the Company. Similarly, "you" or "your" will refer, depending on the context, to you as either a Platform Member or an Independent Creator accessing or using the Platform. By entering and/or using the Platform, you agree to comply with these Terms.
NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN
This Platform is intended for adult use only. To access and utilize the Platform, you must be at least 18 years old or have reached the age of majority in your jurisdiction, whichever is greater ("Age of Majority"). IF YOU HAVE NOT REACHED THE AGE OF MAJORITY, YOU MUST LEAVE THE PLATFORM IMMEDIATELY. By using the Platform, you confirm that you have reached the Age of Majority and acknowledge our right to terminate your Account at our sole discretion if we suspect a violation of this requirement. If we believe you have not met the Age of Majority requirement, we may report you to law enforcement authorities.
Reporting to Authorities: We reserve the right to report any suspected breaches of our minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and any other law enforcement bodies or organizations we deem appropriate. If you suspect that a minor is using the Platform, please report it immediately to us at [email protected]. For further information regarding this policy and our strict stance against minors using or appearing on the Platform, contact us at [email protected].
Prohibition of Child Exploitation: For the purposes of these Terms, "Child Pornography" includes, but is not limited to: (i) any material depicting a person below the Age of Majority in any state of undress or engaged in any sexually suggestive or explicit acts; (ii) any content that simulates such depictions, including but not limited to, dolls, animations, adults posing as minors, or content that implies a person is under the Age of Majority; and (iii) any discussion or facilitation of child exploitation. The distribution, solicitation, or possession of child pornography or engaging in any behavior or conversation that exploits individuals below the Age of Majority, including role-playing, is strictly prohibited on the Platform. If you encounter any content that appears to violate this policy, report it immediately to us at [email protected]. We will investigate promptly and take appropriate action. IF YOU ARE INTERESTED IN ANY FORM OF PEDOPHILIC CONTENT, YOU MUST LEAVE THIS SITE IMMEDIATELY. YOU WILL BE BANNED FOR DISCUSSING SUCH TOPICS OR ENGAGING IN INAPPROPRIATE ROLE PLAY. WE WILL ALSO REPORT ANY ATTEMPTS TO DISCUSS MINORS, EVEN ON OTHER PLATFORMS, TO NCMEC AND/OR LAW ENFORCEMENT. INDIVIDUALS WITH INTERESTS IN CHILDREN, EVEN IN A ROLE-PLAYING CONTEXT, ARE NOT WELCOME AND WILL BE DEALT WITH SEVERELY.
Section 230 of the Communications Decency Act: The Platform is an interactive service driven by Platform Members, with content provided by Independent Creator(s). Under Section 230 of the Communications Decency Act, we are protected from liability for content posted by Platform Members. Consequently, we are not responsible for any content shared by Platform Members. As we solely operate as an online service provider and do not produce or present cam broadcasts directly, our rules are limited to those necessary for compliance with the law, user safety, and the uninterrupted operation of the Platform.
Reporting Violations: If you encounter a Platform Member who appears to be violating any of our Terms, including those listed in Appendix C (Code of Conduct, linked below), please notify us immediately by emailing support at [email protected] or using the "REPORT ROOM" function available at the top right of each streaming broadcast. All reports will be reviewed promptly, typically within 4 business days.
YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
Member Account and Password: To access the private areas of the Platform, you must create an account (your "Account"). When creating an Account, you will need to choose a username and password. If you wish to become an Independent Creator, you will also be required to provide certain personally identifiable information. To use some of the paid features available on the Platform, you must provide a payment method. As outlined in our Privacy Policy, this payment information is managed by a third-party payment processor, which, according to its terms, will securely store your payment details for future transactions on the Platform. You may not choose a username that falsely implies you are another person or that infringes upon the rights of any individual or entity. We reserve the right to reject any usernames or terminate the membership of any Platform Member who uses a username that violates these Terms or that we otherwise deem inappropriate, at our sole discretion. You are solely responsible for all activities and purchases made through your Account. While providing an email address is not mandatory to create an Account, failing to do so limits our ability to support you regarding your Account, as we will not be able to verify your identity as the Account holder.
Shared Accounts: For Accounts with more than one age-verified user, the individual in control of the Account is considered to be the one whose email address is associated with the Account, unless there is payee information linked to the Account, in which case the payee is considered the person in control. Any significant changes to Accounts, such as updating the email address, modifying payee details, or altering two-factor authentication settings, can only be made at the request of the person deemed to be in control of the Account. You understand and agree that this person will have complete access to and control over all information associated with the Account, including all data collected on it. For more information about the data we collect, please refer to our Privacy Policy.
Studio Accounts: Individuals interested in creating a studio account ("Studio Account") on the Platform must adhere to our guidelines for setting up a Studio Account. Once these guidelines are met, the Account will be recognized as a "Studio" on the Platform. The Studio is considered the owner of all Accounts under its Studio Account ("Studio Sub-Accounts"). Followers, images, and data related to all Studio Sub-Accounts cannot be transferred to or shared with another Account without the explicit consent of the Studio, except in what we determine, at our sole discretion, to be exceptional circumstances.
Security of Your Account:
You are solely responsible for maintaining the confidentiality of your username and password and are fully accountable for all activities that occur under your credentials, including any unauthorized access to the Platform that you cause, whether intentional or unintentional, and any access that may violate applicable laws or lead to criminal prosecution. Such actions will result in your immediate ban from the Platform and deactivation of your Account. For security reasons, we will not release your password under any circumstances. You agree to (i) promptly notify us of any unauthorized use of your username or password or any other security breach or suspected breach, and (ii) ensure that you log out of your Account each time you stop using the Platform. We strongly encourage all Platform Members to enable two-factor authentication to enhance the security of their Accounts.
License to Access the Platform:
You are granted a limited, non-exclusive, revocable license to access and use the Platform for your personal enjoyment. You may not download, reproduce, sell, rent, perform, or link to any content available through the Platform unless explicitly permitted by the Platform Member and/or Independent Creator responsible for that content or as otherwise allowed by the rules of the Platform. Your license to access VirtuXCams, including any content saved to or associated with your Account(s), may be terminated if you violate these Terms or as otherwise specified herein.
Solicitations:
While we do not control how Independent Creators and other users use the Platform, you may not use the Platform to promote or advertise any third-party products, sites, or services that provide live-streaming content. Although Independent Creators and other Platform Members are free to use other streaming sites, you are not permitted to use the Platform to solicit any Platform Member to use another product, site, or service that offers live-streaming content.
Billing:
Platform Members may choose to deposit funds with the Platform, which will be converted into tokens. These tokens can only be used on the Platform as determined by the Platform Member, including for tipping Independent Creator(s). Certain transactions may be processed by Cbill. By tipping tokens through the Platform, you agree that all token tips are considered gratuities and are final once sent. If we receive a complaint about a tip after it has been sent, we may, at our discretion and without obligation, forward the complaint to the other party for their response. You are prohibited from offering "tips" in exchange for specific acts. Requesting or demanding specific acts in return for tips may result in a ban for all parties involved. Independent Creator(s) are not permitted to solicit any off-Platform payments, except when the Platform allows Independent Creator(s) to post links to wish lists occasionally
Your selected payment method will only be charged when you explicitly request it. Unless otherwise specified in writing, you will not be charged on a recurring basis for the same purchase. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate all transactions you make through the Platform. It is your responsibility to ensure that your billing information is accurate and up-to-date. If you believe you have been billed in error, you must notify us immediately. If we do not hear from you within 30 days of the billing error appearing on your account statement, the fee will be considered accepted by you for all purposes, including resolving disputes with your credit card issuer. You release us from any liability and claims of loss resulting from any error or discrepancy not reported to us within 30 days of its occurrence
We reserve the right to impose transaction limits on Platform Members based on various factors, including, but not limited to, membership duration, location, changes in access information, and the number of refund requests. Abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms. Platform Members may withdraw any unused funds deposited with the Platform by contacting customer support, minus any fees charged by third parties related to the initial and refund transactions.
Videos and Images Provided by Platform Members
Platform Members, including Independent Creator(s), have the option to create or make available videos, photos, or other content that contains material and intellectual property they own or have the rights to use ("Member Content"). By sharing Member Content on the Platform, you confirm and guarantee to the Company that you possess all the necessary rights and permissions to make such content accessible through the Platform and to grant a perpetual, irrevocable, worldwide license to any Platform Member who acquires the Member Content to view it on the Platform.
To clarify, you acknowledge that once a Platform Member obtains Member Content that you have uploaded, you are granting that Platform Member a non-revocable, perpetual, and worldwide license to view the content through the Platform. You represent that you have the necessary rights and permissions to provide such a license. When acquiring any Member Content through the Platform, you also agree to the following: (i) we, as the Company, are not the originator or creator of the Member Content; (ii) our role is solely to provide a platform for Platform Members to create and share their content; (iii) the Platform Member who uploaded the Member Content is fully responsible for any claims, liabilities, or issues related to that content; (iv) any purchase or use of Member Content is entirely at your own risk; and (v) you waive any claims against the Company, its affiliates, and associated personnel related to the Member Content.
The Company reserves the right to remove any Member Content that it deems, at its sole discretion, to be in violation of any laws or these Terms. If you provide tokens to an Independent Creator in connection with acquiring Member Content, you acknowledge that these tokens are given as a gratuity, regardless of any requests made by the Independent Creator, and you understand that these tokens are non-refundable.
Private Shows
Independent Creator(s) understand and agree that private shows are recorded by default, and these recordings are made available to the Platform Member(s) who purchased them. However, Independent Creator(s) have the ability to turn off this recording feature at any time in their account settings. All recordings of private shows are considered Member Content, and once the recording is delivered to the purchasing Platform Member(s), those Member(s) are granted a perpetual, irrevocable license to view and access the recording through the Platform.
Warning Regarding Streaming Content
The Platform allows Platform Members to stream or broadcast using their webcams. Be aware that other Platform Members might, without your consent, unlawfully record, copy, store, rebroadcast, distribute, publish, or otherwise share your broadcast online or via other media channels. You accept all risks associated with your broadcasts and agree to release, indemnify, and hold us harmless from any claims or actions arising from such activities, including, but not limited to, invasion of privacy, defamation, or intellectual property infringement. As stated in our Privacy Policy, any information or content you choose to share or stream on the Platform, even in "private" or password-protected settings, is considered public information.
Use of Information on the Platform
As mentioned in our Privacy Policy, we cannot guarantee the security or privacy of information (including text, images, and videos) that you share or provide through the Platform. We are not responsible for, nor can we control, how others use any information you make available to them through the Platform. Please exercise caution when deciding what personal information you share with others on the Platform. We assume no responsibility for the content of any message sent by any Platform Member on the Platform. You release us from any liability related to the content of any communications you may receive from other users.
Public Information and Caution in Sharing Information
As detailed in our Privacy Policy, any information or content you choose to post or share through your profile, in chats (including private chats or "direct messages"), or any content you stream or otherwise share on the Platform is considered public information. You agree to limit the information you share on the Platform, keeping in mind that we cannot control how others use the information you provide.
On- or Off-Platform Interactions/Meetings
We do not endorse or encourage any interactions between Platform Members outside of the Platform. As stated elsewhere in these Terms, all use of and interactions through the Platform are at your own risk. Using the Platform to arrange in-person meetings for illegal activities is strictly prohibited and will lead to the immediate termination of your Account. If you decide to interact with another Platform Member legally outside of the Platform, you do so entirely at your own risk and acknowledge that we are not liable for any consequences resulting from such interactions, whether they occur in person or through other means. We are unable to intervene in any disputes or matters that arise outside of the Platform, including those involving third-party screen captures or records, as we cannot verify the authenticity of such materials.
If you choose to communicate with another Platform Member outside of the Platform despite these warnings, consider the following safety precautions:
Be aware that anyone capable of committing identity theft can also falsify a user profile.
Always exercise caution when communicating with a stranger who expresses interest in meeting you.
Never share personal details such as your last name, email address, home address, phone number, workplace, or any other identifying information in your user profile or initial messages. Immediately cease communication with anyone who pressures you for personal or financial information or tries to manipulate you into revealing it.
If you decide to meet another user in person, always inform a friend or family member of your plans, including where you are going and when you expect to return. Never agree to be picked up at your home; instead, arrange your own transportation and meet in a public place with plenty of people around.
Any money or gifts you send to other users, whether through the Platform or outside of it, are done entirely at your own risk. We will not intervene in or become involved in any disputes between Platform Members.
Your Privacy Rights
When you use the Platform, we collect and process certain personally identifiable information and other data about you. Our handling of this information is governed by our Privacy & Cookies Policy, which is incorporated by reference into these Terms. We encourage you to review this policy carefully, as it contains important details on how we collect, use, and protect your information, as well as your rights concerning this data. The Platform also uses cookies and other technologies that track usage, performance, and your geographic location, as further described in our Privacy & Cookies Policy.
Termination
By You:
You may terminate your Account or any of your memberships at any time by visiting our cancellation page or contacting our customer support team. You agree to be personally responsible for any and all charges incurred under your Account, username, and password up to the point of termination. If you are an Independent Creator and decide to terminate your Account, any tokens remaining in your Account at the time of termination will be paid out to the payment information on file on our next scheduled payout date. If you are not an Independent Creator and choose to close your Account while holding money on deposit intended for token use, you may withdraw these funds, subject to any third-party processing fees associated with your deposit and withdrawal. Once we process your request to terminate your Account, you will lose access to the private areas of the Platform and to any Member Content stored in your Account.By Us:
We reserve the right, at our sole discretion, to suspend or terminate your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, but not limited to, a breach of this Agreement. Without limiting the scope of this right, any activities that we believe, in our sole discretion, to be potentially illegal, fraudulent, abusive, or in violation of our community standards or rules may result in the termination of your access to all or part of the Platform. We also reserve the right to refer any such activities to the appropriate law enforcement agencies.Effect of Termination:
You acknowledge that if your Account is canceled, terminated, or otherwise banned from the Platform, you will be automatically locked out and will no longer be able to access your Account, including any Member Content stored therein. You further agree that upon the termination of your Account, we are under no obligation to maintain or store any content, messages, or other materials associated with your Account, and such information may be permanently deleted.
Representations by Platform Members
By using the Platform, you represent and warrant the following:
You are aware of the laws in your jurisdiction that may impact your legal right to access or transmit adult-oriented material. By accessing the Platform, you confirm that you are not prohibited by law from using the Platform or transmitting any adult-oriented material in any form.
You are not a registered sex offender in any jurisdiction and have never been convicted of any sexual crime against any person or animal.
You are choosing to use the Platform voluntarily because you wish to view, read, or hear various content, including content of an explicit adult nature, for your personal enjoyment, information, and/or education.
You are familiar with the standards in your community regarding the acceptance of sexually-oriented materials, and the materials you expect to encounter on the Platform align with your community standards. If you find any content on the Platform that does not meet your community standards, you will immediately discontinue your use of the Platform.
You have not notified any government agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material.
You will not violate any civil or other rights of any other Platform Member or any third party.
Any content that you upload or stream will be your original work and will not infringe upon the intellectual property rights of any third party.
You further agree that:
You will comply with all applicable laws governing your use of the Platform.
You will not violate any provision of these Terms.
Platform Member Indemnities
An indemnity is your obligation to compensate us for certain losses, whether financial or otherwise, that relate to or arise from specific actions by you. This section establishes your responsibility to protect us in such situations and serves as a critical condition for us to provide access to the Platform.
By using the Platform, you agree to indemnify and hold us harmless from any and all claims, losses, or damages, whether actual or threatened, including, but not limited to, reasonable attorneys' fees and associated costs. This indemnity applies to any claim related to or arising from your use of the Platform in a manner that violates these Terms or any applicable law. If you do not agree to these Terms, you must not access or use the Platform and should leave the Platform immediately.
Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Platform which portray "actual sexually explicit conduct", "depictions of the genitals or pubic area", or "simulated sexually explicit activity", as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under 18 U.S.C. §2257, and any such postings must contain a "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.
Content Submitted to the Platform
All materials submitted or streamed by Platform Members through the Platform, including content created by Platform Members ("Platform Member Content"), remain the property of the Platform Member or Independent Creator who created them. Platform Member Content also includes any chats or other materials transmitted through the Platform when you use it. By broadcasting or uploading Platform Member Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, and perform the Platform Member Content in connection with operating the Platform and marketing or advertising its availability in any media format we choose.
You also agree that each Platform Member shall have a license to use the Platform Member Content under the terms outlined in Section III(c) of these Terms. You must not submit content that you did not create, do not own, or do not have the legal right to submit, including any third-party content. All Platform Member Content must comply with these Terms, the Code of Conduct, and our "Content Submission Guidelines" found in Appendix C, which are incorporated by reference into these Terms.
You represent and warrant that all Platform Member Content is your original content and does not infringe on the intellectual property rights of any third party. You agree to indemnify and hold us harmless from any and all losses, damages, or costs arising from a claim that your Platform Member Content infringes the intellectual property rights of any third party.
Deleting Platform Member Content
You may request the deletion of Platform Member Content that you have submitted by contacting us at [email protected]. While we may retain internal copies of the Platform Member Content, we will ensure that it is no longer accessible through the Platform once we have processed your request. Please note that your license to us for any comments, texts, chats, or other Platform Member Content used in published advertising is not revocable.
As stated elsewhere in these Terms, if your Platform Member Content has been acquired by another Platform Member through the Platform, we will delete it from your Account upon your request. However, any Platform Member Content acquired by other Platform Members before the date of your deletion request will remain in those members' Accounts. Additionally, you acknowledge that while we may delete Platform Member Content from our Platform, other Platform Members may have made copies or notes of such content, and we cannot remove these copies or notes from their possession.
No Endorsement for Platform Member Content
We do not endorse, recommend, or assume any responsibility for monitoring any Platform Member Content that is streamed or otherwise shared through the Platform by any Platform Member or Independent Creator. We expressly disclaim any and all liability related to Platform Member Content. We do not permit any activities that infringe on copyrights or any Platform Member Content that violates our intellectual property rights or the rights of any third party. We will remove any Platform Member Content when we receive proper notification of such infringement, as outlined below. We reserve the right to remove any such content without notice.
Our process for identifying Platform Member Content that may infringe upon third-party rights, be illegal, or violate our Code of Conduct relies on appropriately presented notifications from third parties asserting that their rights have been violated. If you encounter content on the Platform that you find offensive or believe to be illegal, please notify us at [email protected]. For content you believe infringes upon your rights, please follow the procedures outlined in paragraphs "f" and "g" below.
Repeat Infringer
We maintain and enforce a policy regarding repeat infringers. We will terminate the accounts of any Platform Member or Independent Creator who is found to be a repeat infringer of intellectual property rights.
Infringement and the DMCA
We respect the creative efforts of all Platform Members and non-members and do not tolerate the use of any third party's intellectual property without express permission. If you are a copyright owner and believe that your work has been copied, distributed, or shared on the Platform in a way that constitutes copyright infringement, or if your intellectual property rights have been violated in any other way, please provide the following information to the Platform's Designated Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material you claim is infringing is located on the Platform.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
Infringement Counter-Notice
If your Platform Member Content has been removed (or access to such content has been disabled) and you believe that it is not infringing, or if you have authorization from the copyright owner, their agent, or the law to use the material in your content, you may submit a counter-notice to the DMCA Agent with the following information:
Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled, and the location where the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled due to a mistake or misidentification.
Your name, address, telephone number, and email address, along with a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complainant, informing them that the removed content may be restored or that the disabling of access to it may cease in 10 business days. Unless the copyright owner files a court action against the content provider, member, or user, the removed content may be replaced, or access to it restored, within 10 to 14 business days (or more) after receipt of the counter-notice, at our sole discretion.
Requests to Remove Content
If you find content on the Platform in which you appear but do not own the copyright (please refer to the DMCA section above if you are the copyright owner) and you did not consent (or no longer consent) to have it shared, you may request its removal by emailing our support team at [email protected]. Please include a link to the content in which you appear, along with a statement that you did not consent (or are withdrawing previously given consent) to have the content shared on the Platform. We will make every effort to remove such content as quickly as possible.
CODE OF CONDUCT
You acknowledge that we do not create or publish content; instead, we provide a platform that allows others to share their own content, for which they hold all necessary rights and permissions. We strive to maintain minimal rules aimed at respecting the rights of others, complying with applicable laws, and ensuring the Platform remains a safe space for Platform Members to express themselves. These community guidelines outline what is acceptable on the Platform and may be updated from time to time. Please review our "Code of Conduct," located in Appendix C, which is incorporated by reference and forms part of these Terms.
PROMOTION OF THE PLATFORM
Registered users of the Platform may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered users they refer to the Platform. For further details, please refer to Appendix B, which is incorporated by reference and forms part of these Terms.
MISCELLANEOUS
Links to Other Sites
The Platform may contain links posted by us or Platform Members to websites operated by independent third parties. We do not operate these websites and are not responsible for their content or any links they provide. Our inclusion of any third-party links does not constitute an endorsement or certification of the content, opinions expressed, safety, or suitability of such sites. When you access a link to another site, you do so at your own risk, as you are leaving the Platform. Third-party sites will have their own terms, privacy policies, and may contain malicious code, viruses, malware, or tracking cookies. You should ensure that your device is adequately protected. WE DISCLAIM ANY LIABILITY FOR YOUR USE OF THIRD-PARTY SITES LINKED FROM THE PLATFORM. Platform Members are prohibited from posting links (or references to links or third-party sites) in their room subjects or as their location on their bio pages. We reserve the right to further restrict where links may be shared and which third-party websites may be referenced or linked to.
Proprietary Information
Certain elements of the Platform contain proprietary or confidential information owned by us. We assert full copyright protection over the Platform, including its design and underlying code. Any information shared or posted by us or by Platform Members may be protected, regardless of whether it is explicitly identified as proprietary to us or the posting Platform Member. You may not modify, copy, distribute, or use any information on the Platform without the express written consent of the information owner. Additionally, you may not use automated methods, such as robots, bots, crawlers, or data mining tools, to scrape, download, or collect any data or content from the Platform.
Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be uninterrupted or error-free; there may be delays, omissions, or interruptions in its availability. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM, OR THAT ANY DEFECTS IN THE SOFTWARE, HARDWARE, OR SERVICES WILL BE CORRECTED.
YOU AGREE THAT ANY MATERIAL OR DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL OR DATA. We do not endorse or guarantee the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Platform by us, any Platform Member, or any other person or entity. You acknowledge that any reliance on such advice, opinion, statement, or information is at your own risk.
The Platform may contain errors, omissions, or outdated information, and we reserve the right to correct any such errors. If you have any questions or believe you have encountered an error, please contact us at [email protected].
LIMITATION OF LIABILITY
WHERE PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EXCEPT IN CASES OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF ANY UNUSED PORTION OF THE VIRTUAL CURRENCY YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF VIRTUAL CURRENCY, OR IF YOU VOLUNTARILY CANCEL YOUR ACCOUNT) OR $250 USD. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Complaints
To resolve or report a complaint regarding the Platform or other Platform Members, please email a detailed description of your complaint to [email protected]. Where appropriate, we will take immediate action to help resolve the issue. You agree that, in attempting to resolve any complaint you send to us, we may, at our sole discretion, share your complaint, in part or in full, with other individuals involved or otherwise implicated in the complaint.
Choice of Law
You agree that these Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.
Entire Agreement
These Terms, along with any policies referenced within or on the Platform, represent the entire agreement between you and us. In the event of a conflict between these Terms and any other policy, these Terms will prevail unless explicitly stated otherwise.
Severability
These Terms are severable. If any provision or portion of these Terms is found to be invalid or unenforceable, that provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law. If this is not legally possible, the provision or portion will be considered ineffective only to the extent of its invalidity, while the remainder of these Terms will continue to be fully effective. If a provision or portion of these Terms can be interpreted in multiple ways, one of which would make it invalid or unenforceable and another that would make it valid and enforceable, it shall be given the meaning that renders it valid and enforceable.