Terms and Conditions / User Agreement

Terms and Conditions/User Agreement

Effective Date: April 28, 2024

Last Modified: January 12, 2024

Websites Covered: https://pp39.cn/

Introduction
Welcome to the User Agreement for our website (hereinafter referred to as the “Agreement” or “Terms and Conditions” or “Terms”). The terms of this Agreement will govern your use of our website and the services contained therein. Therefore, you should take some time to read this Agreement carefully.
Our website contains content posted by independent third parties, and we do not control or maintain direct association with such content. We will not intervene in disputes between third parties and others, nor facilitate communications between them. Therefore, you are strongly advised to use your own judgment when interacting with third parties or clicking on their links. In addition, you are advised to do your own research on any information found in our advertisements and commercial communications before making any decisions. We are not responsible for any interactions that occur between our users and third parties.
The activities discussed or promoted on the website and the communications of third parties may be governed by the laws of your city, state, province, country or country. It is recommended to check local laws before participating in any such activities or using our services.
If you have any questions about our Agreement or policies, or if you wish to communicate with us, please feel free to contact us via our Contact Us / Single Point of Contact. Please note that you can contact us in English or Greek. Any individual, legal person, trusted whistleblower, service recipient and/or authority (including EU Member State authorities, the European Commission and the Council of the European Union) may use our Contact Us / Single Point of Contact to send us any type of communication.

1. Introduction
   1.1. Definition of Parties. The parties referred to in this Agreement are defined as follows:

1.1.1. The Company is the operator of the website https://www.pp39.cn/. “Company” has the meaning defined in this Agreement. When first-person pronouns (we, our, ours, etc.) are used in this Agreement, these pronouns refer to the Company and/or any other website we may choose to operate in the future. In addition, when the terms “Website” or “Site” or “Websites” are used, these terms refer to https://www.pp39.cn/, any predecessor or successor domain name or URL, and any website published by us, unless a site is expressly exempted from this Agreement. Our website and the services available through the website and the services provided through the website (the “Services”) may contain images and videos (collectively, “Content”) as well as text, software, graphics, data, messages or any other information and any other website content owned, operated, licensed or controlled by Company (collectively, “Materials”).

1.1.2. You, the User. As a user of the Website and/or the Services, this Agreement will refer to the User as “you” or any second-person pronouns (such as “your”, etc.). Hereinafter, users of the Website and/or the Services will be referred to by applicable second-person pronouns. By using the Website, you certify that you are eighteen (18) years of age or older, or twenty-one (21) years of age, depending on the age of majority in your jurisdiction.

1.1.3. Users vs. Members vs. Verified Members. For purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users, whether or not they are Members. You become a User by accessing the Website or the Services in any manner, so you do not need to be a Member of the Website for this Agreement to apply to you. You are not considered a Member as defined in this Agreement until you submit an online account registration (hereinafter referred to as a “Registration”). You become a Member by registering a user ID and password on the Site through Registration (as described below) or by activating and registering for other available registration methods as defined on our Site. Registration does not require providing your email address. In addition, registration can be done through the “Sign Up with Google” feature on the Site’s registration page. You are not considered a Verified Member as defined in this Agreement until you submit an online application to participate in our Creators Program (hereinafter referred to as “Verification”) and comply with these Terms and the Creators Program Terms. Once your application is reviewed by us and your online account is accepted into the Creators Program, you become a Verified Member.

1.2. Electronic Signature/Agreement Required:

1.2.1. No person shall be authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature as the Act on Electronic Signatures in Global and National Commerce (E-Signatures Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014, and similar federal and state laws allow for the electronic acceptance of this Agreement. You agree to this contractual agreement by taking any action that indicates your assent to this Agreement. Most likely, you have clicked or will click a button containing “I agree”, “Sign up” or similar syntax, or register on our website using the “Sign up with Google” feature. You should understand that this has the same legal effect as your signing any other legal contract. If you click on any link, button or other device provided to you in any part of our website interface, you have legally agreed to all of these terms and conditions. In addition, by using our website or services in any way, including uploading your content to our website, you understand and agree that we regard such use as your confirmation that you fully and unconditionally accept all the terms of this agreement.

1.2.2. If you fail to sign this agreement, you understand that you are an unauthorized user of the website and services. Any of our actions or omissions should not be interpreted as a waiver of your requirement to agree to this agreement. If you fail to do so, you will still be bound by the terms of this agreement by your viewing of the website or use of any part of the website or our services.

1.3. If you are looking for information about any illegal activities, you must leave the website immediately and do not attempt to use the services. You acknowledge that you are aware of the community standards of your community and you will access the content on the Website and/or use the Services only if you believe that the content on the Website does not violate the community standards prevailing in your community.

1.4. You agree that you will not use the Services or access the Website if it would violate the laws of your state, province or country.

1.5. Amendments to this Agreement:

1.5.1. We may amend this Agreement from time to time. We reserve the right to do so and you agree that we have this unilateral right. You agree that all modifications or changes to this Agreement will be effective and enforceable immediately upon posting. Any updated or edited version will replace any previous version immediately upon posting, and the previous version will not have continuing legal effect unless the revised version expressly refers to the previous version and keeps the previous version or part of it valid. If any amendment to this Agreement is deemed invalid or invalid by any court, you and us (collectively, the “Parties”) agree that the previous valid version of this Agreement will be deemed valid and enforceable to the maximum extent permitted by law.

1.5.2. We agree that if we make changes to any of this Agreement, we will change the “Last Modified” date at the top of this Agreement to immediately indicate that we have updated this Agreement. This Agreement is located at https://www.pp39.cn/info/terms and a link to this Agreement is also located at the bottom of the home page of the Site under “Terms of Use”. You agree to revisit this webpage periodically and use the “Refresh” button on your browser when you do so. You agree to take note of the date this Agreement was last revised. If the “Last Modified” date remains the same as the last time you reviewed this Agreement, you can assume that nothing in this Agreement has changed since you last read it. If the “Last Modified” date has changed, you can be sure that something in this Agreement has changed and you need to re-review it to determine the impact that the revisions may have on your rights and liabilities.

1.5.3. Waiver. If you fail to review this Agreement periodically to determine whether any terms have changed, you assume full responsibility for your failure to do so and you agree that such failure to do so is an express waiver of your right to review revised terms and we have no liability to you for that failure.

1.6. Incorporation by Reference While this Agreement represents the main terms and conditions of service for our website, additional guidelines and rules are referenced herein. The documents that can be found on our website, and that are expressly incorporated by reference and are therefore an integral part of this Agreement, include the following:

1.6.1. Privacy Policy (available at https://www.pp39.cn/info/privacy);

1.6.2. Cookie Policy (available at https://www.pp39.cn/info/cookie-policy);

1.6.3. Copyright Infringement/DMCA Policy (https://www.pp39.cn/info/dmca);

1.6.4. Trust and Safety (https://www.pp39.cn/info/trust-and-safety); which describes our review practices, content upload requirements, and technical and organizational safeguards.

2. Account Access and Membership Description

2.1. Access and Limited License:

2.1.1. Certain public areas of the Website are accessible to all users. You understand that all we offer to you is access to the services we offer from time to time. You will be responsible for providing your own internet access and any internet access or other fees you incur in order to access the Site and use our Services will be your sole responsibility. We will not provide you with any hardware or software – you will need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.

2.1.2. By accessing the Site, you certify that:

2.1.2.1. You will use the Site for your personal, non-commercial purposes only;

2.1.2.2. You will not copy or distribute any part of the Site without our prior written authorization;

2.1.2.3. You will fully comply with these Terms and Conditions and the Privacy Policy.

2.2. Membership or User Account:

2.2.1. Although you can use most of the features of the Site without creating an account, to access certain features of the Site and Services, you must register as a member of the Site or become a verified member.

2.2.2. When completing the registration, you agree to provide true, accurate, current and complete personal information as prompted by the registration (such information is referred to as the “Registration Data”); you also agree to maintain and promptly update the Registration Data during your membership or verified membership to keep it true, accurate, current and complete at all times.

2.2.2.1. As part of the registration, you will be provided or may select a unique username and password, which you must enter in order to access the non-public parts of the Website (e.g., to access your account on the Website). If you register on the Website through the “Sign Up with Google” or “Sign Up with Twitter” features, you may also access the non-public parts of the Website. At the same time, pursuant to Section 1.1.3 of the Agreement, you do not need to provide an email address to register on the Website, so we encourage you to remember your username and password so that you can access your account and the non-public parts of the Website. If you wish to recover your account, we strongly recommend that you provide us with an email address for verification purposes in the event that you forget your username or password or wish to deactivate your account. You can provide an email address when registering or later in the “Edit Profile” section at the following link: https://www.pp39.cn/my/edit/profile. To recover your password, you can use the dedicated page in your account. However, if you do not provide an email address and forget your username or password, we will not be able to confirm that the account is indeed yours and therefore you will not be able to restore access to your account. In addition, if you do not provide an email address when registering or when editing your profile later, we will not be able to reactivate your account in case you deactivate it.

2.2.2.2. You guarantee that, when asked to choose a username, you will not choose a name that could falsely represent you as someone else or that could infringe the rights of third parties. We reserve the right to change the username or delete the associated account if the username violates any of the aforementioned rights.

2.2.3. Community User. After completing the registration, you can choose to become a community user by submitting a photo containing your face and your username and the handwritten text “www.pp39.cn”. If you meet the requirements described here, you will receive a special mark to confirm your identity as a community user.

2.2.4. Verified Member. This option is available to all Members and is intended to allow Members to activate Creator Program features, including but not limited to uploading Content to the Website. Member Verification means that such User’s documents (documents containing your full name, photo, date of birth and other identifying characteristics (such as your address)) and data have been verified by third-party service providers engaged by us from time to time. We do not assume any responsibility for the services provided by such third-party service providers. All data processing is carried out in accordance with our Privacy Policy and the privacy policy of the third-party service provider. We may ask Members to provide additional documents for verification purposes before and after verification to determine your age and identity, and we may also change the number of documents required from Members from time to time at our sole discretion. The types of documents used for verification purposes vary and are set by us and the service provider based on the country and may include one or more of the following: National ID card, National passport, International passport, Citizenship card, State ID card, Driver’s license (only for countries where a national ID card or passport is not mandatory). We reserve the right to review all verification results received from the service provider and make a final and binding decision on whether to accept the data provided. However, if the Website verifies the identity of a particular Member, such verification does not reflect or affect such Member’s professional reputation or reliability as a suitable business partner and should not be relied upon. Verified Members are in no way endorsed by the Website or its agents and have not been subject to any screening process except as provided above in this clause. We therefore expressly disclaim any liability associated with any online or offline communications between any User and such Verified Member.

2.2.5. Members are only allowed to create one (1) account.

2.2.6. Memberships may not be transferred or sold to a third party unless otherwise permitted by us in writing.

2.2.7. You are solely responsible for the activity that occurs on your account and you must keep your account password confidential. You must immediately notify the Website of any security breach or unauthorized use of your account.

2.2.8. In the event of any national or state law or other jurisdiction that imposes regulations requiring verification of a user’s age, the Company may ask the user to confirm their legal age. Such confirmation may be made with the assistance of a third party that provides verification services. By making such verification, the member authorizes the Company to transfer their personal data to a third party for the purpose of confirming their legal age.

2.2.9. User access to the Website is free of charge. We do not offer any form of paid membership. Any premium membership or subscription offered through the Website is provided in part or in whole by a third party, regardless of the brand or name associated with such membership. The Website is not responsible for the activities of any third party or the content of any third party website, including the use of cookies by third parties or any other information (such as IP address, browser type or operating system) collected when you enter their website through a link on the Website or view their advertisement. Links to such third-party websites should not be considered an endorsement by the Website of the third-party websites or any products or services advertised, offered or sold therein, nor an indication that such websites are free of computer viruses or anything else of a destructive nature. It is your responsibility to review any terms and conditions and privacy policies of such third-party websites.

2.2.10. We are committed to ensuring transparency in our referral system, as provided for in Article 27 of the Digital Services Act (“DSA”). To learn more about the main parameters used and any options that affect these main parameters of our referral system, please visit our EU DSA page.

2.2.11. Verified Members are entitled to participate in our referral program, as described in Appendix 1 to this Agreement.

2.3. Deactivation or termination of your membership or user account.

2.3.1. You may cancel your membership at any time by going to your profile settings. Then click on “Deactivate Account”, enter your password and then click on the “Deactivate Account” option. The terms of this Agreement shall survive deactivation or termination, unless otherwise stated. After we process your request, you will no longer be able to access the non-public areas of the Website where you were a member. It is emphasized that the purpose of the “deactivate” option is to allow you to close your account and make it unavailable to the public, not to permanently delete some or all of your content and account. Upon deactivation, your account may only be restored if you have provided us with an email address and such email address is verified. After six (6) months, user accounts that have been deactivated and have not uploaded any content and have not been reactivated may be permanently deleted at the Company’s discretion.
You also have the right to permanently delete your account and all information we store about you in accordance with our Privacy Policy. You can delete your account in your profile settings (click on “Edit Profile” and select the “Deactivate Account” option). Alternatively, you can use our Contact Us / Single Point of Contact.

2.3.2. Without limiting other remedies, we may suspend or terminate your access to and use of the Website and Services, temporarily or indefinitely, at any time, with or without prior notice, if:

2.3.2.1. We believe, in our sole discretion, that you have breached any material term of this Agreement or the documents referenced herein;

2.3.2.2. We are unable to verify or authenticate any information you provide to us;

2.3.2.3. We believe, in our sole discretion, that your actions may create legal liability for you, our users, or us; or

2.3.2.4. We decide to cease operating or otherwise terminate any service or option offered on the Website or part thereof.

2.3.3. You agree that neither we nor any third party acting on our behalf will be liable for any termination of your account or access to any part of the Website or Services.

2.3.4. You agree that if we terminate your access, you will not attempt to re-access the Website using the same or a different user name without our prior written consent.

2.3.5. You agree to allow us to access your account and any other information you submit or create, as long as this is reasonably necessary to investigate complaints or protect our interests, in order to maintain the integrity of the Site and Services, enforce the terms of the Agreement, or investigate complaints.

2.3.6. You agree not to use our services to publicly discuss any violations, warnings, or bans. You must discuss any concerns about such topics with us directly.

2.3.7. If you provide any untrue, inaccurate, not current, or incomplete information, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site and Services by you, and pursue your criminal and civil liability. If applicable, you are responsible for any credit card chargebacks, bounced checks, and any related fees incurred by the Site as a result of your account. If you fail to reimburse us for any credit card chargebacks, bounced checks, or related fees within thirty (30) days of our initial request for a chargeback, you agree that you will pay us an additional liquidated damages of one hundred euros (100.00 EUR) plus any fees we incur for each charge.

2.3.8. The Website and its affiliates disclaim any liability arising from fraudulent access to and use of the Website. If a user gains access by fraudulent means, the Website may immediately terminate their membership and take all necessary and appropriate action under applicable national and international laws.

2.4. Fraudulent Use:

2.4.1. Stolen Credit Cards: We take credit card fraud very seriously. If we suspect a member has used a stolen or fraudulent credit card, we will notify the appropriate law enforcement agencies and terminate the member’s account.

2.4.2. Stolen or Forged ID: We take ID fraud very seriously. If we suspect any member has used a stolen or forged ID during the member verification process or Co-Performer verification process under the Creator Program feature, we will notify the appropriate law enforcement agencies and terminate the member’s account.

2.5. You agree that Your Content will comply with all terms set forth in this Agreement. Your Content includes any text, images, videos, blog posts, forum comments or other content or media that you upload or otherwise provide to us for use on the Website or Services (“Your Content”).

2.6. Subject to your acceptance of this Agreement, we grant you a limited, non-exclusive, non-transferable personal license to access and use the Website, the Materials and the Services contained therein. We provide the Materials and Services on the Website for personal, non-commercial use by users of the Website. Users of the Website are granted a license to view one copy of the Materials.

2.7. All Materials and Services available on the Website are for private, non-commercial use only and all other uses are strictly prohibited unless agreed to in writing by us. If you are a corporate entity or commercial organization, you are not permitted to appear on the Website unless expressly authorized by us in writing or you and we have signed a separate agreement for such appearance. We reserve the right to take severe legal action against unauthorized access by corporate and commercial entities.

2.8. We reserve the right to limit the number of Materials viewed. You agree to prevent any unauthorized copying of the Website or any Materials contained therein. Any unauthorized use of the Site or any material contained therein will immediately terminate this limited license. This is a license to use and access the Site for its intended purpose, not a transfer of title. You may not copy or redistribute any content on the Site. We reserve the right to terminate this license at any time if you violate or breach any provision of this Agreement, in which case you are obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from the Site. Violations of this limited license may be prosecuted to the fullest extent possible under applicable law.

2.9. Service Interruptions. Our service may be temporarily interrupted from time to time due to various technical factors, scheduled software uploads, and other factors beyond our control. Due to technical and other factors, some features of the Site, such as the Site’s email system, may sometimes be unavailable. Due to technical and other factors, access to the Site and login to the Site may sometimes be unavailable. You agree to indemnify us from any liability for any service interruptions.

2.10. Consent to Receive Notices and Other Communications. We reserve the right to send emails or other notices to our users and members. You have the right to unsubscribe from some of these notices. The purposes of doing so may include, but are not limited to:

2.10.1. Notify you of any changes in your account status;

2.10.2. Inform you of other members’ contact details;

2.10.3. Provide you with information about similar products or services;

2.10.4. Notify you of any significant changes to this Agreement or any other internal rules of the Company.

2.11. Service Restrictions. This Agreement contains different clauses outlining that certain actions or violations may result in restrictions on our services. Generally speaking, any violation of this Agreement may result in restrictions on our services or termination of your account. Whether a warning is issued or immediate action is taken without notice will depend on the severity of the violation.

2.12. Measures and protections against abuse as provided for in Section 23 of the DSA.

2.12.1. Suspension of Service. We reserve the right to suspend the service for a reasonable period of time to users who provide content that is clearly illegal. Such suspension will be carried out after giving prior warning to the user, depending on the severity of the violation.

2.12.2. Suspension of processing notifications and complaints. We reserve the right to suspend the processing of notifications and complaints submitted through our Notice and Action Mechanism (available via Contact Us / Single Point of Contact) and internal complaint handling system (Appeals Procedure, also available via Contact Us / Single Point of Contact) for a reasonable period of time if such notifications and complaints are routinely found to be manifestly unfounded. Prior to suspension, we will issue a warning to the complainant depending on the severity of the violation.

2.12.3. Evaluation Criteria. When determining whether a suspension is necessary pursuant to paragraphs 2.12.1 and 2.12.2 above, we will evaluate the user’s behavior on a case-by-case basis. We will conduct this evaluation promptly, diligently, and objectively, taking into account the following:

2.12.3.1. The absolute number of manifestly illegal content or manifestly unfounded notifications or complaints submitted in the past year.

2.12.3.2. The relative proportion to the total number of information provided or notifications submitted in the previous year.

2.12.3.3. The severity of the abuse, including the nature of the illegal content and its consequences.

2.12.3.4. Identifiable User Intent.

2.13. Internal Complaints Handling System. Pursuant to Section 20 of the DSA, you have the right to appeal decisions made by us through our internal complaints handling system. This system allows you to file a complaint regarding decisions related to content removal or visibility, service suspension, account termination, or monetization restrictions. You may use the appeal system within six (6) months of receiving a statement of reasons for our decision, through our Contact Us/Single Point of Contact. Once we receive your appeal, our responsible team will review it and notify you of its outcome in a timely manner.

3. Special Considerations Regarding Minors
   3.1. Age of Majority. To use the Website or any of the Services offered by the Company, you must be at least eighteen (18) years of age or twenty-one (21) years of age (depending on the age of majority in your jurisdiction) and that you have the legal capacity to enter into this Agreement. If you are under the age of eighteen (18) or twenty-one (21) (depending on the age of majority in your jurisdiction), you must exit the Site immediately and may not use or access the Site or use the Services in any manner.

3.1.1. We expressly disclaim any responsibility or liability for any misrepresentation regarding a user’s age.

3.1.2. You represent and warrant that you will not allow any minor to access the Site or Services. Users should implement parental control protections, such as computer hardware, software or filtering services, which may assist users in limiting access to harmful materials by minors. You acknowledge that if a minor has access to your computer or mobile device, you will take all precautions to prevent our materials from being viewed by minors. You also acknowledge that if you are a parent, it is your responsibility to prevent any age-restricted content from being displayed to your children or wards.

3.2. We have a zero-tolerance policy for pornographic material involving minors and a zero-tolerance policy for pedophilia or any pedophilic activity. Any attempt to upload such content will be immediately reported to the appropriate law enforcement agencies.

3.2.1. You represent and warrant that your content does not contain any material involving minors.

3.2.2. We have a zero tolerance policy towards those who provide or seek any material involving minors.

3.2.3. In order to uphold our zero tolerance policy, you agree to report any videos or images (whether real or simulated) on our website that may depict minors, in the event that this occurs. If you come across any suspicious content, please report it immediately using the report option or through our Contact Us/Single Point of Contact.

3.2.4. All reports will be promptly investigated and all appropriate actions will be taken.

3.2.5. In such special cases, we will cooperate with the appropriate law enforcement agencies in the relevant jurisdictions. If you suspect that other third-party websites are involved in any illegal activities involving minors, please report it to your local law enforcement agency. You can also report it to ASACP.org: www.asacp.org.

3.2.6. We are committed to making our website safe and enjoyable for our members and are committed to combating any type of illegal content, including but not limited to minors. To this end, we reserve the right, at our sole discretion, to periodically review Member communications, materials, content, profiles and forums within the Site, including the use of any communications systems made available through the Service. In order to effectively combat any illegal content that may appear in Member communications, you consent to such review with the assistance of a third-party service provider.

3.2.7. Section 230 Notice. You acknowledge that you are responsible for preventing minors under your care from accessing any harmful or inappropriate material. You agree not to allow minors to view any such content and agree to take responsible steps to prevent them from doing so. There are many commercial online safety filters that can help users limit access to harmful or inappropriate material by minors. Pursuant to 47 USC §230(d), you are hereby notified that you can research such services at the following websites: www.getnetwise.org, www.child-internet-safety.com, or https://www.pp39.cn/info/parentalcontrol, among others. Please note that we make no representations or warranties about any products or services mentioned on such websites, and we recommend that you conduct appropriate due diligence before purchasing or installing any online filters. If a minor has access to your computer or mobile device, you agree to take specific steps to prevent minors from viewing content received on our website or through our services. Finally, you agree that if you are the parent or guardian of a minor, it is your responsibility, not ours, to prevent your child or ward from displaying or accessing any age-restricted content on our website or services.

4. Content and Materials
   4.1. Our Website and Services contain images and videos (defined as “Content” in Section 1.1.1) as well as text, software, images, graphics, data, messages or any other information and any other content owned, operated, licensed or controlled by us (defined as “Materials” in Section 1.1.1).

4.2. You acknowledge and stipulate that all materials and content constitute expressive content and may be adequately protected by Article 11 of the Charter of Fundamental Rights of the European Union and other similar legal principles, among other laws and regulations.

4.3. You acknowledge and understand that some or all of the content and materials on our Website and the content and materials transmitted through our Services may depict activities that are intended for viewing by adults only and are therefore not suitable for viewing by minors. You acknowledge that you understand the nature of the content and materials available on or through the Website and that you are not objectionable to such content and materials and that you are accessing the Website and Services freely, voluntarily, willingly and for your own personal enjoyment.

4.4.You understand that all information, data, text, images, audio, graphics, messages or any other content available on the Site or through the Services, whether publicly posted or transmitted through our messaging services or those of third parties, are the sole responsibility of the party from whom the content or material originated. This means that you are solely responsible for any and all content that you upload, post, transmit, email, message or otherwise publish or make available through our Services. We cannot always control the materials posted in member profiles, forums or any other user communications, and therefore, we do not guarantee the accuracy, integrity, quality or any other aspect of such posted materials or content. You agree that by using the Site and Services covered by this Agreement, you are likely to be exposed to content that you may consider offensive, indecent, problematic or otherwise objectionable. In no event will we be held liable for any content and/or material posted, uploaded or transmitted by our members, whether verified or not.

4.5.We respect the intellectual property rights of all parties and have policies in place to protect intellectual property rights, and where necessary, we will terminate the accounts of repeat copyright infringers in accordance with the Digital Millennium Copyright Act and the DSA.

4.6. We further reserve the right to remove any content that violates the terms of this Agreement at our sole discretion. We may remove any content or material, including images, videos, messages, forum posts or profiles, if we determine in our sole discretion that such content or material is illegal, immoral, offensive or violates the letter and spirit of this Agreement and the purpose of this Website. In addition, all content submissions may only be made by verified members, and must be subject to mandatory preview and comply with the community standards and conduct policy of this Website.

5. Restrictions and regulations on the use of our Website and Services:

5.1. You agree that you will use the Website and Services only for the purposes expressly permitted and contemplated by this Agreement. You may not use the Website and Services for any other purpose, including any commercial purpose, without our prior express written consent.

5.2. You are strictly prohibited from:

5.2.1 Upload, post or otherwise make available any files or products that contain images, photos, software or other materials protected by intellectual property laws, including, for example, copyright or trademark laws (or rights of privacy or publicity), unless you own or control the rights to such materials or have obtained all necessary consents;

5.2.2. Upload, post or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes, but is not limited to, content involving minors, animals, rape, incest, violence, blood, defecation, vomiting, people under the influence of alcohol or drugs, or people who are unconscious or sleeping (this list is provided as an example only and is not an exhaustive list of prohibited content on the Site);

5.2.3. Harm or exploit minors in any way. Including but not limited to uploading, posting, emailing or otherwise transmitting any Submission involving minors;

5.2.4. Uploading, posting or otherwise making available any content that depicts or involves animal cruelty;

5.2.5. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

5.2.6. Forging headers or otherwise attempting to disguise the origin of any Submission transmitted through the Site;

5.2.7. Uploading, posting or otherwise making available any Submission that you do not have a right to transmit under contractual or fiduciary relationships. This includes, for example, any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;

5.2.8. Upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation, unless we specifically designate such purpose;

5.2.9. Interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks or third-party providers connected to or providing the Site;

5.2.10. Intentionally or unintentionally violate any applicable local, state, national or international law, including any legally enforceable regulations;

5.2.11. Stalk or otherwise harass other members or users of the Site;

5.2.12. Collect or store personal data about other users or members, including through the use of any data mining, robots or similar data gathering and extraction tools;

5.2.13. Copy any portion of our Site or the materials contained therein or received through the Services, except as expressly provided otherwise;

5.2.14. Create any derivative works based on our Site, any materials contained therein, or received through the Services. You agree and stipulate that any and all derivative works shall not be deemed “fair use”;

5.2.15. Use our Site or Services, or any materials contained therein, for any public display, public performance, sale, or rental. You hereby agree and stipulate that any and all such uses shall not be deemed “fair use”;

5.2.16. Redistribute or “scrape” our Site or any materials contained therein or received through the Services. You hereby agree and stipulate that any and all such uses shall not be deemed “fair use”;

5.2.17. Remove any copyright or other proprietary notices from our Site or any materials contained therein;

5.2.18. Frame or utilize any framing techniques in connection with our Site or any materials contained therein;

5.2.19. Use any meta tags or any other “hidden text” utilizing our Site’s name or marks. You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by us, is an infringement of our trademark rights, and you agree to pay liquidated damages of five thousand euros (5,000 EUR) for each such infringement, and you agree to pay any and all costs incurred in recovering this amount, including attorneys’ fees and all related costs;

5.2.20. Bypass any encryption or other security tools used on the Site or in conjunction with the Services. This includes, for example, stealing usernames and passwords or using another person’s username and password to gain unauthorized access to restricted areas of the Site;

5.2.21 Sell, rent, lease, license, sublicense, transfer, distribute, retransmit, time-share, use as a service bureau or otherwise assign the Materials or Services or any of your rights to access and use the Materials or Services to any third party, as expressly granted in this Agreement;

5.2.22. Use our Services for any commercial purpose, unless expressly agreed to by us in writing and at our sole discretion. Your use of the Site and Services is limited to your personal use without our consent;

5.2.23. Share any information provided to you by another member unless that member has obtained your permission;

5.2.24. Use any material or information (including images or photographs) available through the Service in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

5.2.25. Upload files that contain viruses, Trojans, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the property of others or the operation of the Site and the Service;

5.2.26. Download any file posted by another user of the Service that you know or reasonably should know cannot be legally distributed in such manner;

5.2.27. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

5.2.28. Restrict or inhibit any other user from using and enjoying the Service;

5.2.29. Post false or misleading statements that could damage the Site or any third party;

5.2.30. Unless expressly permitted by our company, publish any advertisement or solicitation for any business;

5.2.31. Use the Service for illegal contests, lotteries, gambling, pyramid schemes, chain letters, junk mail, spam or any duplicative or unsolicited messages (commercial or otherwise);

5.2.32. Organize and/or participate in any fund transfer or asset transfer arrangement of any member organization you encounter on this website;

5.2.33. Request or send money or any other form of financial assistance to any member you meet on this website;

5.2.34. Harvest or otherwise collect information about others, including email addresses or other personally identifiable information;

5.2.35. Create usernames that contain only keywords and categories commonly used for search optimization in the industry. It is prohibited to use search engine optimization to gain more views and profile popularity and interfere with the Company’s search optimization efforts;

5.2.36. Fabricate a false identity, including misrepresenting your true age, location, country of residence, country of origin, religion, height, weight, or any other personal information in order to mislead others;

5.2.37. Provide personal contact information such as email address, phone number, street address, or similar personally identifiable information in your member profile or any other publicly viewable posting.

5.3. Limitation of Interactive Communication Medium. The Website is intended to serve as a communication channel for the enjoyment of Members. The Website may provide Members with various opportunities through forums, discussion boards, blog-type publications, comment functions, and other interactive chat functions to facilitate such communication.

5.3.1. Fraud and Scam Warning. The Website cannot determine the validity of any communication you receive from other Members or the legitimacy of the persons behind such communication. You expressly understand and agree that if any other Member or person with whom you communicate on the Website requests money from you for travel assistance, medical assistance, living expenses or any other reason, it is most likely a scam or fraud scheme and the risk of you being defrauded is very high. We strongly recommend that you immediately report this to our Contact Us / Single Point of Contact along with the username of the Member making the request and to your local law enforcement agency.

Please note that references to “Company” in this section and throughout the Agreement refer to the operator of the Website, i.e.:

5.3.2. We reserve the right to review and/or reject any content created and/or posted by users. We may remove any content contained in the communication medium set forth in Section 5.3, including but not limited to these, without prior warning. However, the Website assumes no obligation to monitor User Content or take any such action. We encourage our users to use our Contact Us / Single Point of Contact to report any violation of the restrictions set forth herein. Uploading prohibited descriptions violates this Agreement and may result in the suspension or deletion of your account, as well as any other measures we deem necessary at our sole discretion.

5.4. You agree to cooperate with us to immediately stop any unauthorized use. You are solely responsible for submitting any material that violates the laws of any jurisdiction, whether at a national, European or international level. Liability remains even if a claim arises after your service is terminated. Such actions by you will constitute a material breach of this Agreement and the Website will terminate all of your rights under this Agreement. Nothing in this Agreement requires us to monitor or investigate any use of our services by our users or other third parties, unless required by applicable law.

5.5 Interference. You may not translate, reverse engineer, decompile, disassemble or make derivative works of any of our materials or any other materials on our Website, except as expressly permitted by law. You hereby agree not to use any automatic device or manual process to monitor or copy the Website or the Materials and not to use any device, software, computer code or virus to interfere with or attempt to disrupt or damage the Website or any communications on it. If you fail to comply with this provision of this Agreement, you hereby stipulate and agree to pay liquidated damages in the amount of Five Thousand Euros (5,000 EUR) and any and all expenses associated with the recovery of such damages, including attorneys’ fees and costs, and losses incurred by the Company as a result of your breach of this clause.

6. User Submissions
   6.1. The Website allows its verified members to submit content or other materials and to host, share and/or publish such submissions. By submitting content or other materials to us, you indicate your intent to make such materials available to us on the Website and any other affiliated websites, whether by proprietary or contractual association.

6.2. You are solely responsible for your submissions and the consequences of posting or publishing them. With respect to your Submissions, you confirm/warrant that:

6.2.1. You own or have the necessary licenses, rights, consents and permissions to use your Submissions and to authorize the Site to use all patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights in your Submissions to enable inclusion and use of those Submissions in the manner set forth in these Terms and the agreement you signed to participate in the Creators Program;

6.2.2. You retain all ownership rights in your Submissions. However, by submitting your Submissions to the Site, you grant a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable right and license to reproduce, modify, publicly perform and publicly display your Submissions on our Site.

6.2.3. You have the written consent, authorization and/or permission of each identifiable person in your Submission to use each person’s name or likeness in your Submission in the manner set forth in these Terms, and you are also authorized to provide their identification documents for co-performer verification as required by the agreement you signed to participate in the Creators Program.

6.2.4. You and the Company have signed a special agreement to participate in the Creator Program, which agreement shall include at least the following terms:

6.2.4.1. You grant the Company the right to reproduce, transmit, disseminate, display or distribute the photos, videos and content you submit on or as part of our website, on other Internet websites or elsewhere for promotional or commercial purposes by any technology now known or hereafter known;

6.2.4.2. You grant the Company the right to reproduce your photos, videos and content in digital form for display on the Internet (alone or in combination with other works, including but not limited to text, data, images, photos, illustrations, animations, graphics, video or audio clips and hypertext links);

6.2.4.3. You grant the Company the right to adapt, modify or alter your photos, videos and content, or otherwise create derivative works based on your content; and to use them for all other reasonable promotional or commercial purposes as part of the operation of our website or as part of the promotion or operation of any derivative or related business.

6.2.4.4. You understand that the license you grant to your work will terminate within the time frame specified in the agreement you signed to participate in the Creator Program.

6.3. Any of your submissions comply with all applicable laws, including but not limited to 18 USC §2257 and 28 CFR 75, and you are able to provide the required documentation upon verification and/or content submission.

6.4. Our company respects the intellectual property rights of all parties and has implemented a Copyright Infringement/DMCA Policy. Although our company is not located in the United States, we voluntarily comply with the provisions of the Digital Millennium Copyright Act (“DMCA”). In addition, we provide the ability to submit copyright infringement notices to us in accordance with the provisions of the DSA. Our Copyright Infringement/DMCA Policy has strict procedures for removing content that allegedly infringes intellectual property rights. If you believe that your intellectual property rights have been infringed, please follow the procedures outlined in our Copyright Infringement/DMCA Policy.

6.5. The Website does not endorse any member-submitted content and expressly disclaims any and all liability related to member-submitted content. The Website does not permit copyright infringement or intellectual property infringement activities on the Website and reserves the right to remove all content and member submissions expeditiously and without prior notice, without any obligation, provided that proper notice is given in accordance with our Copyright Infringement/DMCA Policy regarding copyright infringement of third party intellectual property rights. We reserve the right to terminate member access and/or privileges of repeat infringers.

6.6. The Website reserves the right, but not the obligation, to assist you in protecting your copyright. If any of your content is illegally uploaded to another platform, website, or any other media, we may choose to request the removal of that content on your behalf. Similarly, if we receive a report regarding your content on our Website, we have the right (but not the obligation) to file a counter-notification or similar response on your behalf. This is because you confirm that you are the copyright owner of your content by uploading your content to our Website. Notwithstanding the foregoing, you acknowledge that you reserve the right to use any means necessary to protect your content from copyright infringement.

6.7. For the purposes of these Terms, “Nudity” means adult nude images that depict full nudity close-ups of female or male genitalia, anus and/or buttocks or exposed nipples.
As an exception to the rules contained in Section 6.1 of these Terms, according to which only verified Members may submit materials to us, all Members may upload a Primary Photo as an Avatar on the Website using the “Edit Profile” section. To upload a Primary Photo as an Avatar (Primary Photo), Members shall understand and warrant the following:

6.7.1. The uploaded Photo shall strictly comply with all submission rules defined in these Terms.

6.7.2. By uploading an Avatar (Primary Photo), you indicate your intention to make your Primary Photo public.

6.7.3. The Website does not allow any unverified Member to upload any Primary Photo that depicts nudity, pornography, drugs (both the drugs themselves and those under the influence of drugs), gore/blood, weapons, guns, advertising (URLs, QR codes, phone numbers), minors and other inappropriate content as defined by the Company in its sole discretion. The Company reserves the right to review all Avatars (Primary Photos) uploaded by Members to the Website to verify compliance with these Terms. Such review may be conducted with the help of a third party specializing in review and verification services. By uploading an Avatar (Primary Photo), the Member authorizes the Company to transfer it to a third party for review and verification.

6.7.4. The profile picture (primary photo) must comply with this Agreement. If not, we reserve the right to remove the profile picture and close your account without prior notice.

7. Agreed Liquidated Damages:

7.1. In each clause of this Agreement, we set out the liquidated damages amounts that we will impose on you if you breach those specific clauses. You expressly agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that the amount is not a penalty, actual damages are uncertain and difficult to determine, but the amount represents a good faith attempt by both parties to calculate appropriate compensation based on expected actual damages.

7.2. For any breach of any part of this Agreement that does not expressly set out a liquidated damages amount, you hereby agree that any breach of this Agreement will result in a liquidated damages amount of one hundred euros (100 EUR) per breach. You expressly agree to pay this liquidated damages amount of one hundred euros (100 EUR).

8. Disclaimer
   8.1. You agree to use the Website at your own risk. To the maximum extent permitted by law, the Website, its officers, directors, employees and agents disclaim all warranties, express or implied, with respect to the Website and your use thereof. The Website makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any website linked to the Website, and assumes no responsibility or liability for:

8.1.1. Errors, mistakes or inaccuracies in the Content;

8.1.2. Any personal injury or property damage, regardless of its nature, resulting from your access to and use of our Website;

8.1.3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

8.1.4. Interruption or cessation of transmission to or from our Website of any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Website by any third party;

8.1.5. Any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Website.

8.1.6. The Website reserves the right to remove any Content or link without any notice or warning to the user who uploaded the Content.

8.1.7. The Website does not warrant, endorse or assume responsibility for any products or services provided by any third party advertised, offered or displayed on the Website or through the Website or any linked website, and does not in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

9. Limitation of Liability
   9.1. In no event shall the Website and its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from:

9.1.1. Errors, mistakes or inaccuracies in the Content;

9.1.2. Any personal injury or property damage, regardless of nature, resulting from your access to and use of our Website;

9.1.3. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

9.1.4. Interruption or cessation of transmission to or from our Website;

9.1.5. Bugs, viruses, Trojan horses or the like that may be transmitted to or through our Website by any third party;

9.1.6. Errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available through the Website, whether based on warranty, contract, tort or any other legal theory and whether or not the Company has been advised of the possibility of such damages.

9.2. If you do not provide the Website with your email address as a method of communication, you expressly acknowledge and waive any claim based on the Website’s good faith efforts to disable access to or remove material or activity that is claimed to be infringing, or based on facts or circumstances that may have occurred that infringing activity may have occurred, whether or not such material or activity is ultimately determined to be infringing.

9.3. The foregoing limitations of liability shall apply to the maximum extent permitted by law in the applicable jurisdiction. The Website makes no representation that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so on their own initiative and are responsible for compliance with local laws.

9.4. You expressly acknowledge that the Website is not responsible for User Submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9.5. In no event shall our maximum aggregate liability for direct damages under this Agreement exceed the total fees actually paid by you for use of the Website or Services in the one (1) month period after the applicable cause of action arose or ten euros (10.00 EUR), whichever is greater. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. Indemnification:

10.1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Website, its parent, subsidiaries and affiliates, and their officers, directors, employees and agents from and against all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorneys’ fees) arising out of: (i) your use of and access to the Website; (ii) your violation of any part of these Terms and Conditions; (iii) your violation of any third-party right, including but not limited to any copyright, property or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and Conditions and your use of the Website.

10.2. Providing any services that violate any law is strictly prohibited. If we suspect that you or any user has provided or intends to provide any services or materials that violate any law, you will immediately terminate your use of the Website and Services without refunding any amounts you have paid to us. We have the right to voluntarily cooperate with law enforcement or private injured parties, and we may be compelled to do so by law. We specifically disclaim any liability for damages that may arise from any user providing any materials or services for any purpose that violates any law. You hereby agree to defend, indemnify and hold us harmless from any liability we may incur as a result of your violation of any law, whether online or offline.

10.3. You also agree to defend and indemnify us if any third party is harmed as a result of your illegal conduct or if we are obligated to defend any claim, including but not limited to any criminal prosecution brought by any party.

10.4. Our Website and Services contain material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability arising from others viewing such material and you agree that if you find such material offensive you will immediately cease viewing the Website and using the Services.

10.5. You agree to defend, indemnify and hold harmless the Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers and agents from and against any and all claims, actions, losses, liabilities, expenses, costs or demands (including, without limitation, legal and accounting fees) for all direct, indirect and/or consequential damages resulting from or alleging damages arising out of or in connection with your use, misuse or inability to use the Site, Services or any materials contained therein, or your breach of any term of this Agreement, by you or anyone else with your authorization (including, without limitation, government agencies). We will promptly notify you by email of any such claim or action and fully cooperate (at your expense) in the defense of such claim or action. We reserve the right, but have no obligation, to participate in such claim or defense at our own expense and to select our own legal counsel.

10.6. The Service is for entertainment purposes only.

10.6.1. You understand and accept that our Site and Services are an entertainment and recreational service. All Content depicts consenting models who are eighteen (18) years of age or twenty-one (21) years of age or older (depending on the age of majority in their jurisdiction) who have provided the Site with the right to post Content. All Content is intended for the enjoyment and entertainment of our members and users.

10.6.2. Any user who accesses our Site with the intent to engage in or assist in illegal or infringing activity shall have their account and/or access to the Site and Services immediately cancelled and may be reported to appropriate law enforcement agencies.

10.6.3. You understand and accept that if you attempt to contact other members on the Site, all activities or interactions resulting therefrom are entirely voluntary on your part. You understand and accept that any communications between you and other members are not private, as such communications may be disclosed due to malicious conduct of other parties involved in such communications. If your communications and/or profiles are made public, you hereby expressly release us and all other members from any liability for any privacy invasion, defamation, publicity, false information and related torts. Nothing in this section is intended to limit the scope of the disclaimers and/or indemnities contained elsewhere in this Agreement.

10.6.4. We do not endorse, confirm, support, verify or authenticate the accuracy or reliability of any information posted by members on the Site. This includes, but is not limited to, member identities, texts, photos, videos and any other content. We encourage you to thoroughly check the credentials and background of anyone you contact or communicate with through our Website or Services.

10.6.5. You expressly understand and agree that we assume no responsibility or liability (whether financial or otherwise) for the truthfulness, accuracy, intentions, motives or actions of anyone on the Website or any of its affiliated websites. Your contact or communication with members on the Website and any affiliated websites (if applicable) is at your own risk. People use the Internet for a variety of motives and intentions. It is your responsibility to verify the truthfulness, accuracy, good faith and motives of anyone you contact or communicate with on the Website. We are not responsible for any aspect (whether legal or otherwise) of any conversations, contacts or other information exchanged between members, whether online or offline.

10.6.6. When interacting with members of the Website, do not provide any personal information to individuals who could misuse that information to your detriment. While the Website and Services may provide a venue for the exchange of information, ideas and even goods or services, they do not guarantee the accuracy of such information or activity and encourage all users/members to exercise caution regarding the authenticity of any communications or contacts that occur as a result of the Website and Services.

10.7. You hereby release, discharge, or otherwise discharge the Company, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates from all charges, allegations, charges, liabilities, causes of action, and claims arising out of or in connection with the use of the Site and Services, including, without limitation, claims relating to:

10.7.1. Sexual harassment, negligence, gross negligence, reckless conduct, alienation of affection (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with a contract or beneficial business relationship, defamation, invasion of privacy, publicity, intellectual property rights, misrepresentation, any financial loss not caused by the fault of the Site, missed meetings, unmet expectations, false identity, fraudulent acts of others, invasion of privacy, disclosure of personal information, failed transactions, purchases or Site functionality failures, unavailability of the Site, its features and/or Services and any other technical failures that may make the Site inaccessible, or any claim based on vicarious liability for tortious acts committed by individuals met on or through the Site and Services, including, but not limited to, fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, deception, perjury, manslaughter or murder.

10.7.2. The above list is for illustrative purposes only and is not an exhaustive list of the types or categories of claims you are waiving. The parties intend that this release be interpreted broadly in our favor, so any ambiguity shall be interpreted in a manner that provides the broadest possible release of claims. This release clause is intended to be a complete release of claims, and the parties acknowledge the legally binding nature of this clause and the nature of the waiver of rights associated with it.

11. Links and Links:

11.1. Certain websites linked to this Website are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external websites or resources, do not screen or endorse them, and are not responsible for any content, advertising, services, products, or other materials on or available from such websites or resources.

11.2. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third-party website, you do so entirely at your own risk and are subject to any terms and conditions and privacy policies posted therein, rather than this Agreement or our Privacy Policy, which is incorporated herein by reference.

11.3. The inclusion of links to external websites (including those framed by the Website) or advertisements does not necessarily constitute our endorsement of such websites or the content, products, advertising or other materials presented on such websites, but is provided solely for your convenience.

11.4. You hereby agree to indemnify us from any damages and liability resulting from the use of links appearing on the Website or through the Services. We reserve the right to terminate any link or linking program at any time.

12. Trademark Information:

12.1. The Website names are considered service marks owned by us. We aggressively defend our intellectual property rights.

12.2. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies, are the exclusive property of their respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

12.3. All marks, logos, domain names and trademarks you see on the Website and Services may not be used publicly, except with our express written permission, and may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits us.

13. No Agency Relationship:

13.1. Nothing in this Agreement shall be deemed to constitute, create, imply, impose or otherwise admit any form of partnership, employment, joint venture or formal business entity. The rights and obligations of the parties shall be limited to those expressly set forth in this Agreement.

14. Notices:

14.1. Notices. Any notice required to be given under this Agreement may be given by email to the party to be notified at a valid email address, by posting a general notice on the Website or by personal delivery via commercial carrier such as FedEx or DHL. Unless otherwise provided in this Agreement, notices from Customer to us shall be given by email.

14.2. Change of Address. Subject to this provision of this Agreement, either party may change the address for sending notices by written notice to the other party.

14.3. Effective Time of Notices. Notices shall be deemed effective upon delivery. Notices delivered by overnight courier (such as DHL or FedEx) shall be deemed delivered on the next business day after mailing. Notices sent by mail, postage prepaid, registered or return receipt requested, shall be deemed delivered upon receipt. Notices delivered by any other means shall be deemed delivered upon receipt. Notices delivered by electronic mail and facsimile (confirmed as delivered by the sender) shall be acceptable under this Agreement provided that they are delivered one (1) hour after being sent if sent during the addressee’s business hours, or by 9:00 a.m. (the addressee’s time) on the next business day. Either party may change the designated address, facsimile number and/or recipient of any notice or courtesy copy hereunder by giving appropriate written notice to the other party.

14.4. Rejected, Unclaimed or Undeliverable Notices. Any properly addressed notice that is rejected, unclaimed or undeliverable due to the acts or omissions of the party to whom it is delivered shall be deemed to have been delivered as of the date such notice was rejected or deemed undeliverable by the postal authorities, courier, facsimile machine, email server or overnight courier service.

15. Communications Are Not Private:

15.1. We do not provide any facilities for sending or receiving private or confidential electronic communications. All communications sent to us or through our electronic communications shall be deemed to be accessible to the public at all times. Visitors may not use the Website or Services to send any information that the sender intends only for the sender and intended recipient to read. You are hereby notified that agents and operators of the Website or Services may read or access all information and other content on the Website or Services, whether or not they are the intended recipients of such information, in order to effectively combat any illegal content. If you do not agree to this, you should refrain from using any of our electronic communications.

16. Force Majeure:

16.1. We shall not be liable for any failure to perform our obligations due to unforeseeable circumstances or causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquake, hurricane, tropical storm or other natural disaster; war, riot, arson, embargo, acts of civil or military authorities or terrorism; fiber optic cuts; strikes, or shortages of transportation, facilities, fuel, energy, labor or materials; failures in telecommunications or information service infrastructure; hacker attacks, spam or any computer, server or software failures, as long as such events continue to delay the performance of the Website or Services.

17. Out-of-court dispute resolution:

17.1. Binding arbitration. If a dispute arises between the Parties arising out of or in connection with 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 negotiations, then, unless otherwise provided in this Agreement, either Party shall submit the matter to binding arbitration in accordance with the applicable arbitration regulations. Claims within the scope of arbitration (“Arbitration Claims”) shall include, but are not limited to, all types of contract and tort claims, and all claims based on any national or international law, statute or regulation, except intellectual property claims (including, but not limited to, claims involving copyrights, trademarks, patents, unfair competition and/or trade secrets), and actions seeking injunctions, attachments, seizures and other equitable relief (regardless of the underlying cause of action). The arbitration shall be conducted at a convenient location agreed upon by the parties in the Republic of Cyprus or, in the absence of such agreement, at the choice of an arbitrator appointed by the parties. The arbitration shall be conducted by an arbitrator who is well versed in Internet and e-commerce disputes. The arbitrator shall be willing to take an oath of neutrality.

17.1.1. The arbitrator shall not have the power to change or ignore the provisions of this Agreement. The arbitrator shall be bound by and govern any dispute submitted to arbitration under this Agreement in accordance with the laws of Cyprus, and this Agreement shall be construed in accordance with the laws of the Republic of Cyprus. The arbitrator shall render a written opinion within thirty (30) days of the close of the arbitration proceedings setting forth all material facts and the basis for his or her decision. The parties hereby waive any right they may have to a trial by jury or otherwise with respect to the arbitration claim.

17.1.2. No Waiver of Arbitration. No waiver of arbitration may be made unless the waiving party expressly waives it in writing to the other party. No waiver of this right may be implied. No conduct, including the filing of a lawsuit, shall be construed as a waiver or denial of the right to arbitrate.

17.2. Pursuant to Article 21 of the DSA, if you are located in the EU, you also have the right to elect out-of-court dispute resolution with respect to decisions under Article 20(1) of the DSA, including complaints that have not been resolved under our internal complaint handling system (Appeals System). You may choose any accredited out-of-court dispute resolution institution established in the Republic of Cyprus that is able to resolve disputes in English or Greek. The right to choose out-of-court dispute resolution does not affect your right to take proceedings in court under applicable law.

18. Miscellaneous Provisions:

18.1. These Terms and Conditions together with the Privacy Policy and any other legal notices published by us on the Website constitute the entire agreement between you and us in relation to the Website. If thisIf any provision of the Terms and Conditions is held invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Website’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Website reserves the right to modify these Terms and Conditions at any time without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website after any modification of these Terms and Conditions constitutes your assent to and acceptance of the revised terms.

18.2. Assignment. The rights and liabilities of the parties to this Agreement will bind and inure to the benefit of their respective assigns, successors, executors, administrators, as the case may be.

18.3. Severability. If for any reason a court of competent jurisdiction or arbitrator finds any provision of this Agreement or any portion thereof to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

18.4. No Waiver. No waiver or action by us shall be deemed a waiver of any subsequent breach of the same provision of this Agreement. If any term, clause or provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed severed from this Agreement.

18.5. Headings. All headings are for convenience of reference only and shall not affect the meaning, construction or effect of this Agreement.

18.6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access to and use of the Site, Services and the materials contained therein and your use of the Site and Services, and supersedes and replaces all prior understandings or agreements, whether written or oral, regarding such subject matter.

18.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law provisions.

18.8. Other Jurisdictions. We make no representation that the Site, Services or any materials contained therein are appropriate or available for use in other locations or that access from territories where their contents may be illegal or prohibited. Users who choose to access the Site and Services from these locations do so on their own initiative and are solely responsible for ensuring compliance with all applicable local laws.

Appendix 1 to Agreement Verified Member Referral Program Terms and Conditions
Please read the following Verified Member Referral Program Terms and Conditions (“Terms”) carefully before participating in the Program. Participation in the Program constitutes your acceptance of all of the Terms of the Referral Program and all of the Site’s General Terms and Conditions (https://www.pp39.cn/info/terms).

The Company offers you the opportunity to earn Rewards by inviting new Verified Members to join the Site. Your participation in our Verified Member Referral Program (“Referral Program” and/or “Program”) may help you earn Rewards if you comply with the Terms.

We reserve the right to terminate the Referral Program at any time and for any reason. The Program is administered by the Company, and the Company may outsource certain elements of administration to third parties.

These Terms apply to new Verified Members participating in the Referral Program. By participating in the Referral Program, the Verified Member (“you”) agrees to use the Referral Program as described herein and to comply with any additional terms that we may apply to the Referral Program. If you do not agree to these Terms in their entirety, you may not participate in the Referral Program.

1. Scope of the Referral Program
   1.1. The Referral Program applies to Verified Members who decide to refer others to register as Verified Members on the Website (hereinafter referred to as the “Referrer”) and individuals (natural and/or legal persons) referred to the Website by the Referrer (hereinafter referred to as the “Invited Members”).

1.2. The Referral Program provides each Referrer with the opportunity to earn rewards, provided that the following conditions are met:

1.2.1. The Referrer shall be a Verified Member as defined in the General Terms and Conditions of the Website – https://www.pp39.cn/info/terms (“General Terms”).

1.2.2. Upon the Referrer’s successful and final registration as a Verified Member, the Referrer will receive a Referral Link (unique and personalized) through his/her profile on the Website. The Referral Link is a unique code that allows the Company to track whether the Invited Member was invited by the Referrer.

1.2.3. The Referrer may share the Referral Link with any natural or legal person through any available communication source (e.g. social media, email, website). Referrer must comply with all applicable laws and regulations and must not engage in any illegal and/or unsolicited conduct during the sharing of the Referral Link. Referrer must comply with the latest electronic communications and direct marketing laws and regulations, which may include the laws of the jurisdiction where the intended Invited Member resides. Any distribution of Referral Links that may constitute unsolicited commercial email or spam under any applicable laws or regulations is expressly prohibited and will constitute grounds for immediate termination of your account and exclusion from the Referral Program. The Company reserves the right to automatically disqualify suspicious referrals.

1.2.4. Invited Members shall be natural or legal persons who are new to the Website and have never registered on the Website. Referrer shall not receive any income from Invited Members who have registered as Verified Members on the Website before receiving the Referral Link sent by Referrer. Referrer shall not receive any income from rejected or incomplete registration attempts by Invited Members.

1.2.5. Invited Members shall register as Verified Members through Referrer’s Referral Link in accordance with the General Terms. If Invited Members register as Verified Members without using the Referral Link, we will not pay any rewards to Referrer. The Referrer is obliged to provide the Referral Link to the Invited Member and we are not responsible if the Invited Member registers as a Verified Member without using such Referral Link.

1.2.6. The Referrer is entitled to five percent (5%) of the Invited Member’s total earnings from the Company within twelve (12) months of the Invited Member’s registration as a Verified Member. The Company has the right to determine the Invited Member’s income sources at its sole discretion, which will be included in the Referrer’s Rewards calculation. The Company will place these income sources and the Referrer’s Rewards on the Referrer’s dedicated webpage.

1.2.7. The Referral Program will be valid for twelve (12) months after the Invited Member registers as a Verified Member. The Referral Program will be valid from the date the Invited Member creates an account (not from the date the account is verified, not from the date of the first video upload, etc.).

1.3. The Referrer may not earn more than $50,000 (Fifty Thousand Dollars) for one Invited Member during the entire Referral Program period.

1.4. In order to increase the rewards that a Referrer may receive, the Company may work with third-party service providers. In this case, if the Invited Member registers on the website of the Third-Party Service Provider, the Invited Member’s subsequent registration will be automatically linked to the Referrer for additional rewards. If this interaction increases the Invited Member’s income, the Referrer will receive additional rewards.
The following rules apply to the relationship between the Referrer and the Invited Member and the aforementioned Third-Party Service Provider:

• The duration of the Referral Program begins from the date the Invited Member creates an account on the Website or on the website of the Third-Party Service Provider, whichever action occurs first.
• You grant us the right to transfer your personal data to the aforementioned Third-Party Service Provider in accordance with our Privacy Policy.
• At the same time, we do not own and/or operate the websites of the Third-Party Service Provider. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products or other materials on or available from such websites or resources. In addition, your business dealings or correspondence with such third parties are solely between you and the third party. We encourage you to carefully read their terms and conditions and/or privacy policies before entering into a legal relationship with the aforementioned third-party service providers.

1. Payment Terms
   2.1. The Company is obliged to pay the Referrer a fixed percentage of the Invited Member’s Revenue Share if the procedures described in the Terms are met.

2.2. The exact amount payable shall be disclosed to the Referrer via a dedicated webpage with statistics on the Referrer’s rewards.

2.3. The Company reserves the right to cancel or change the payment methods available to the Referrer, the payment schedule, the minimum referral fee required for payment, and any other payment terms without prior notice. You acknowledge and agree that it is your responsibility to check the Website regularly for any changes in the payment terms.

2.4. The Company reserves the right to determine the payment method. Payments are generally made on a monthly basis, unless the Company specifies another period.

2.5. You acknowledge and agree that the Company is not responsible for any currency conversion fees or charges you may incur, or any fluctuations in the corresponding value, if any.

2.6. It is your responsibility to determine whether payments related to the Referral Program are subject to tax, and to report and remit the correct taxes to the relevant tax authorities. You agree that the Company is not responsible for determining whether payments related to the Referral Program are subject to tax, and does not act as your tax agent.

2.7. The Company reserves the right to monitor the Referrer’s actions to determine whether the Referrer’s actions comply with applicable laws, regulations and/or the Company’s internal procedures. If the Referrer violates any laws, regulations and/or the Company’s internal procedures, the Company may impose fines and other types of legal liabilities on the Referrer, including but not limited to withholding the Rewards earned by the Referrer.

3. Eligibility
   3.1. To participate in the Referrer Program, the Referrer must meet the following conditions:

3.1.1. The Referrer must be at least eighteen (18) years old or twenty-one (21) years old, depending on the age of majority in the jurisdiction in which he or she resides. If you are under the age of 18, you may not use, access or participate in the Program in any manner at any time.

3.1.2. The Referrer must have completed the registration as a Verified Member in accordance with the General Terms.

3.1.3. The Referrer must have full power and authority to enter into this legal relationship and will not violate any other legal relationship.

3.1.4. The Referrer must ensure that the Invited Member is at least eighteen (18) years old or twenty-one (21) years old (depending on the age of majority in the jurisdiction in which he/she resides, depending on the relevant jurisdiction of the Invited Member) and that the Invited Member has registered as a Verified Member.

3.1.5. The Referrer and the Invited Member must fully comply with the General Terms.

3.1.6. The Referrer shall not use any illegal content, methods and/or actions to attract the Invited Member to register on the Website. If we, in our sole discretion, deem that the Referrer has violated these Terms and the General Terms, your account with the Company will be terminated immediately and all rewards that would have been paid to you under this Agreement will be deemed to be waived by you in partial payment of your losses caused by the breach.

3.1.7. The Referrer shall not engage in any type of spamming. The sending of any type of spamming in any form is prohibited in the Referral Program.

4. Other Provisions
   4.1. If any definition in these Terms is not defined, it shall be construed as set out in the General Terms.

4.2. All terms and conditions of the General Terms apply to the Referral Program, unless otherwise provided in these Terms.

4.3. Referrer’s participation in the Referral Program does not constitute Referrer’s acting on behalf of our business, its parent company or its respective affiliates. Nothing herein is intended or should be construed to constitute or imply a joint venture, employment, partnership or association between Referrer and the Company, its parent company or its respective affiliates. By participating in the Referral Program, Referrer acknowledges that he/she is acting at his/her own risk as an independent contractor and that the Company will not direct Referrer as to how to perform its obligations hereunder.

4.4. By participating in the Program, you agree and will indemnify and hold harmless the Company, its parent company and its respective affiliates from any and all damages, costs, expenses, claims or liabilities, including third party claims, whether unsettled or threatened, arising out of or related to your participation in the Program or your breach of these Terms, including, without limitation, attorneys’ fees and litigation costs.

4.5. The Company is not responsible for errors, omissions, faults, interruptions, deletions, delays or failures in operation. The Company reserves the right to close the account of any Referrer and/or Invited Member and demand appropriate payment if the Referrer and/or Invited Member attempts to use the Referral Program in a suspicious manner or violates any of these Terms or violates any law, rule or government regulation. All decisions of the Company are final and binding.

4.6. The Company reserves the right to cancel the Referral Program or change these Terms at any time in its sole discretion. The Company may modify or terminate the Program at any time without prior notice at its sole discretion.