Terms of Service for Uploaders
(the latest version dated 17 July 2023)
VECTOR INNOVATIONS LTD, Flat 12, Shaftesbury House, 29 Moscow Road, London, England, W2 4AH, which operates and manages the javhd.com and jav2.live web Platform, (the “Platform”(as more detailed defined below) or “we”), where independent content uploaders can upload, publish, license, share, and sell their original videos, to users. The Platform provides explicit adult entertainment and is only open to consenting adults - people who are at least 18 years old (or the legal age of majority in the jurisdiction in which you reside) - who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this website may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside) or who does not wish to be exposed to such materials.
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION TO AGREE TO THESE TERMS OF SERVICES. YOU MUST NOT USE THE PLATFORM WHERE IT IS PROHIBITED BY LAW.
ANY MATERIAL INVOLVING OR REPRESENTING MINORS, INCLUDING ANY VIRTUAL DEPICTION AND AGE REGRESSION, ANY MATERIAL OR ACTIVITY WHICH MAY BE REGARDED PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY IS STRICTLY PROHIBITED ON THE PLATFORM. WE WILL HAVE THE RIGHT TO REPORT ANY SUCH OF ANY OTHER UNLAWFUL ACTIVITIES.
These terms of services (hereinafter referred to as “PLATFORM RULES”), including our other rules which may appear on the Platform as separate documents (including specific upload rules, content rules and/or guidance, prohibits words and terms etc., which may be added to the Platform and/or changed from time to time – which are incorporated to Platform Rules by reference and collectively with this Platform Rules referred to as the Platform Rules“) form a binding contract between the Platform and YOU (“you”) in your capacity as a User, Member or Uploader (as defined below) in respective parts. If you do not agree to all of these Platform Rules, you may not use the Platform and should not proceed to create an account or otherwise use the Platform. By using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by the Platform Rules, including all amendments made to them from time to time. The Platform reserves the right, at its sole discretion, to revise these Platform Rules. You agree that all changes to the Platform Rules are effective and enforceable upon posting. Further, you agree and understand that it is up to you to be knowledgeable and to periodically review all of these Platform Rules to see if anything has changed. The Platform will not be liable for your neglect your legal rights.
IF YOU DO NOT AGREE WITH THESE PLATFORM RULES OR WITH THE PLATFORM RULES, OR IF YOU DO NOT AGREE WITH ANY THESE REVISED DOCUMENTS, YOU MUST NOT USE USE THE PLATFORM. BY USING THE PLATFORM YOU AGREE TO BE BOUND BY THE PLATFORM RULES
1. DEFINITIONS
Where used in these PLATFORM RULES, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:
1.1 "Content" shall mean, depending on the context in which it is used, original Uploader-generated content. Content includes pictures, pre-recorded videos, and other materials, including, but not limited to, text, images, graphics, data, audio, messages (including online chat), comments, offered, or posted by Uploaders onto the Platform from time to time;
1.2 "Member(s)" shall mean the registered individuals using the Platform for their personal use;
1.3 "Platform" shall refer to the hosting service operated and managed by us, available at www.javhd.com, where Uploaders can Upload, license, and sell their Content using the tools and features provided by the Platform, where Users using the Platform can view and post certain type of Content, and where Uploaders and Members can interact online;
1.4 "Token" shall mean the Platform’s own currency;
1.5 "Upload" shall encompass upload, publish,
broadcast, share, and offer Content;
1.6 "Uploader" shall refer to the independent models, performers, and other Content producers or studios, registered as such with the Platform and Uploading their original Content onto the Platform for private use by the Users; and
1.7 "User(s)" shall mean the individuals, both registered and unregistered with the Platform, using the Platform for their personal use.
2. GENERAL TERMS
2.1 The Platform Rules govern your rights and responsibilities in connection with the Platform and are a binding contract between you and us.
2.2 Subject your compliance with all the Platform Rules, the Platform hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the Platform solely for personal purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
2.3 The Platform gives you the ability to Upload, license, and sell your Content (including videos, pictures, services, and subscriptions), as well as to interact online with. All Content accessible or sold through the Platform is to be accessible or sold to Users for private use only. You understand and agree that, as a service provider, the Platform is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. The Platform does not endorse any Content or submission and expressly disclaims any and all liability in connection with Content or submissions. You should use the Platform only in accordance with your local laws and community standards; the Platform must not be accessed or used where it is prohibited by law. The Platform will have the right to sub-license your Content to any of its partner companies and other third parties, including for the purpose of promotion of the Platform and its services, and you explicitly agree to such a transfer and upon transfer you agree to be bound by the terms and conditions of any such partner and/or third party in the same way you are bound by these Platform Rules.
2.4 You agree and understand that the Platform cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between Users and UPLOADERS outside of the Platform. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited. You agree to take all necessary precautions when interacting online with Users and other Uploaders. You also understand that we do not carry out any prior verification or any kind of criminal record check on our Users or Uploaders and thus we make no statement or warranty regarding our Users’ or Uploaders’ behavior. Therefore, you agree to remain vigilant and take all necessary precautions when interacting with Users or other Uploaders on the Platform.
2.5 You agree and represent to only Upload Content that is original and that you own or are duly authorized to Upload, license, and sell. Furthermore, any Content uploaded on the Platform shall also be compliant with the Platform Rules. We reserve the undisputed right to remove any non-compliant uploaded Content at any time, without prior notice to you, and without any compensation. Uploader irrevocably grants us a world-wide, non-exclusive, royalty-free, perpetual, non-cancellable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit the Content for any purpose. We do not claim any ownership or control over the Content. Uploader retains all copyrights to the Content and he or she is responsible for protecting those rights as appropriate. In respect of the third party infringement of the Content rights, and in the absence of legal action undertaken by Uploader, we shall have the right but not an obligation to take any action we deem appropriate to discontinue violation, however, we shall not be responsible to the Uploader for any outcome of such an action.
2.6 For the purposes of these Platform Rules, an Uploader is understood to be solely an independent contractor and in no way should an Uploader be considered an employee, agent, or partner of the Platform. An Uploader acknowledges and agrees that nothing in these Platform Rules shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between the Uploader and the Platform, its employees, agents, or assigns. Furthermore, an Uploader acknowledges and agrees that the Platform might has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content Uploaded by Uploader through the Platform.
3. YOUR ACCOUNT
3.1 Registration. In order to access the Platform as an Uploader and to Upload, license, and sell your Content, you must first register by creating an Uploader account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Then, you will be asked to complete your registration; in order to do so, you must fill out an online registration form that includes your full legal name and your date of birth. You will also be asked to provide governmental issued identification documents. Once we have received your registration form duly completed, the Platform reserves the right to contact you to validate and/or obtain additional information from third parties. The Platform reserves the right to decline any account registration, for any reason, at its sole and entire discretion. By registering our account you agree to be bound by the terms and conditions of any Platform’ partner (present and future) in the same way you are bound by these Platform Rules. By purchasing a membership, you are implicitly making the following statements - `I affirm and swear that as of this moment, under penalty of perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age. I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive.`
3.2 Confidentiality of Your Account. You agree and represent that you will not share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify the Platform and modify your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including Uploads, whether or not authorized by you. You will be solely liable for any losses incurred by us due to the unauthorized use of your account. The Platform is not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify the Platform against any such claims made against it by third parties.
3.3 Content Uploaded on Your Account. You are solely responsible for all Content Uploaded via your account, including any personalization made to your profile, any posting on your wall, and messaging. You must evaluate, and bear all risks associated with, your use of the Platform and your Content. You will not Upload Content that could be deemed illegal, involves or shows minors, or is simply not allowed by us, including any Content in violation of the Platform Rules. Further, you agree not to Upload Content that violates any third party's intellectual property right (including background music or video) or that violates another individual's privacy. You must have obtained the express consent of anyone pictured or depicted in the Content you Upload and provide model release for such persons. You understand and agree that your profile and your Uploaded Content may be visible or searchable by other Uploaders or Users of the Platform through the Platform itself. Further, you understand and agree that your profile and your Uploaded Content may be searchable by third-party publicly available search engines or Internet archives; should you wish to have some or all of your profile and/or Uploaded Content removed from the publicly available search engines or Internet archives, it is your sole responsibility to do so and to file such removal requests with the concerned search engine(s) operator(s). In the event that an Uploader has shared the Uploader’s account or login information with another Uploader pursuant to a separate agreement, that first Uploader hereby specifically waives any claims and/or damages arising out of such agreement with such other uploader and hereby undertakes to defend, hold harmless, and indemnify the Platform against any claims and/or damages arising out of such shared access. Without limiting the foregoing, at all times, an Uploader agrees to hold harmless the Platform with respect to any activity made through the Uploader’s account access, related or not to Content Uploaded on Uploader’s account or any payment made by the Platform pursuant to specific payment instructions received by the Platform in accordance with any such separate agreement made between the Uploader and another uploader. The Uploader acknowledges that, should it authorize/direct the Platform to pay any sums due to another beneficiary, the Uploader shall have no recourses against the Platform with respect to any such amount once paid to the designated payee. It shall be Uploader’s sole responsibility to inform the Platform in writing of any termination of any such separate agreement.
In an ongoing effort to protect minors and prevent the Upload of illegal Content, the Platform retains the right to regularly scan any and all Content Uploaded on the Platform for the presence of minors. Any Content deemed to include minors will be removed immediately and might be reported to the appropriate authorities and the Uploader will be banned from using the Platform.
3.4 License to your Content. By using the Platform, you retain control and legitimate ownership rights in your Content and Users are granted nothing more than the right to view, license, or buy your Content. You agree and understand that the Platform may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to the Platform Rules. Therefore, you hereby grant the Platform a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use your Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. You hereby waive any “moral rights” or similar rights in and to the Content in favor of the Platform and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of the Platform and its permitted transferees and sublicensees. You hereby represent that you have the right to grant the license and waivers stated above. You agree that at least 20% of your Content might be used by the Platform for the provision of gratitude or bonus content for Members and Users without charging them for it, and might be included into their subscription, and in respect of such Content, particular items of which should be selected by the Platform at its sole discretion, you grant a gratitude (free) licence for the Platform, including right to use for any commercial and promotional campaign and for any other similar purpose at the Platform’s sole discretion.
3.5 Linking Your Account to Social Media. The Platform may provide features to link your account, and only your account, to or to post on various third-party social medias or social-networking sites (“Third-Party Site”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Site, you hereby understand and acknowledge that the Platform has no control whatsoever on such Third-Party Site and that it is your sole responsibility to ensure that you understand, agree, and comply with such Third-Party Site terms and conditions.
3.6 Content and Closing of Your Account. If you decide to close your account, which you can do at any time, all of your Content will be removed, except as provided below. If you delete your account, or if you remove Content from your account, such Content will no longer appear on the Platform for further sale or license but will remain in the account of the Member who has purchased that Content.
Uploaders acknowledge that deactivated accounts may be held by the Platform for analytical and legal purposes. The account will no longer be available on the Platform. Uploaders wishing to have their accounts removed from the Platform servers must submit a specific request.
3.7 Prohibitions. You agree to not: (i) try to inhibit the sales or activity of another Uploader using the Platform; (ii) engage in any act that the Platform deems to be improper or in conflict with the spirit or intent of the Platform or the Platform Rules; (iii) make inappropriate use of the Platform; (iv) use the Platform to engage in any form of harassment, prostitution, sex trafficking, other illegal or offensive behavior, or to post or share any defamatory, offensive, libelous, or slanderous statements; (v) attempt to gain any unauthorized access to the Platform, by any means, including, but not limited to, by circumventing or modifying, or attempting to circumvent or modify, any technology, device, security, or software that is part of the Platform; (vi) disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers; this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person’s use of the Platform; (vii) modify, reverse engineer, reverse assemble, decompile, or hack into any software applications or related tools or utilities used by the Platform; or (viii) otherwise violate any applicable law or regulation or encourage or enable such violation.
3.8 2257 Regulations. You agree and understand it is your obligation to provide us with valid 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”) compliant documentation when requested. The original records required pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for materials contained in the Platform shall be kept safe by the appropriate Custodian of Records. Notwithstanding the foregoing or anything to the contrary, you understand and acknowledge that the Platform is not acting as a “producer”, as defined by the 2257 Regulations, but you are required, and it is your responsibility, to create and maintain the records required of you by the 2257 Regulations, including those of other individuals appearing in your Content. You shall continue to maintain originals of such records in the manner and for the duration of these Platform rules plus a term of seven (7) years or the length of time required by law (whichever is longer). At any time, and for any reason, the Platform may request a copy of your 2257 Regulations documentation. If you cannot provide the Platform with the requested documentation, then your account may be terminated and all earnings forfeited.
3.9 Reporting of Pornography Involving Minors. The Platform is committed to cooperating with any law-enforcement agency investigating child pornography and to complying with any applicable law relating to the mandatory reporting of pornography involving minors. We request and encourage you to report any unlawful activities involving minors directly to us and to the authorities. Your report must include any appropriate evidence, including the identified Content, as well as the time and date of identification. All reports will be taken seriously and immediately investigated.
3.10 Notice of Copyright Infringement. We support the protection of the intellectual property rights of copyright holders and thus we will respond to notices of alleged copyright infringement made in accordance with our DMCA policy.
3.11 Issuing Notices. By Uploading Content to the Platform, you agree to authorize the Platform to issue notices of claimed infringement to third parties on your behalf for any and all instances of copyright infringement regarding your exclusive right to your Content. The Platform may exercise the authority granted by you in this section at its own option where the Platform discovers instances of infringement in the copyright of your Content, but the Platform is not obligated to do so and may not be compelled to act on your behalf by you or any other party. Neither the Platform nor any of its agents accepts any liability that may arise from exercising the rights granted in this section and you hereto agree to hold the Platform and its agents harmless from all claims arising out of or related to the Platform’s exercise of such authority.
4. PAYMENTS
4.1 Payment Options. The Platform offers Uploaders a variety of payout options, including fiat currencies (via various payment methods such as cards, direct debit etc), crypto payments. The Platform shall have an exclusive right to set terms and conditions for Members and Users, introduce payment and subscription plans for them, organize promotional and advertising campaign, provide free and try and buy periods, offer bonuses and discounts, and generally set out any commercial terms, including pricing, for Members.
The Platform provides good and sufficient information about the Content and you shall have review such information properly and make an informed choice in respect of any purchase and/or any content. Generally once you consumed the service provided by the Platform partially or fully due to the nature of the Service you shall have no right for refund. Under no circumstances the Platform will ever refund any payments made in crypto currency.
Your payments will be processed by third-party payment service providers, the Platform will not retain any of your payment information, and such payment service providers will be fully responsible for quality of your service.
In case you provided us the payment method and details and where automatic top-up or recurring payment options are engaged we will charge any of your future purchases using this method. In case you have provided as a number of your payment methods and your preferred method does not work on any particular future purchase the Platform shall have the right to use any other provided payment method in any order.
4.2 Uploader Information. It is your responsibility to ensure that all of your payment information is complete and accurate to avoid any delays in the payment processing and to inform us of any issues that may arise with payments. You are responsible for keeping all of your information up to date.
4.3 Taxes. It is UPLOADER’s sole responsibility to remit any and all applicable sales taxes to the applicable tax authorities. Notwithstanding the foregoing, where legally required, THE PLATFORM may withhold the sale taxes and remit them directly to the concerned tax authorities. In such cases, no sale taxes will be paid to the Uploader. Notwithstanding anything to the contrary in these Platform Rules, an Uploader hereby undertakes to hold harmless and to indemnify the Platform, its affiliates, and its agents from any claims made against them by third parties, including tax authorities, in regard of any sale taxes, or any withholding thereof, with respect to Uploader’s Content purchased by or licensed to Users. Notwithstanding anything to the contrary in these Platform Rules, you agree and understand that you are solely responsible for the payment of all government, state, and local taxes, levies, or any other similar fees.
4.4 Tokens and Currency. All amounts referred to herein and all monetary transactions on the Platform are in Tokens. Any information of purchase price of Token, exchange rates and other related information will be available to you on your account or by request to the Platform. Any rules regarding Tokens, including limits and exchange rates and available currencies will be set and changed by the Platform by its own discretion at any time.
Subject to the preceding paragraph and at the Platform sole discretion, payments may be made in the currency chosen by the Uploader, or the currency of Uploader’s place of residence, in which case any currency conversions will be based on the then prevailing exchange rate and the Token’s exchange rate.
4.5 Adjustments. The Platform does not issue credits, refunds, or cashback on Content purchased by Users. Notwithstanding the foregoing, the Platform may, at its sole discretion, adjust or deduct from the amount to be remitted, or already remitted for payment, to Uploader for any reason, at any time, without notice. In the case where the payment has already been issued to Uploader, the Platform will deduct such adjustment from the following amount to be remitted to Uploader. Adjustments may be made for reasons including, but not limited to, customer credits, refunds, fraud, corrupted Content, grossly misleading or mislabeled Content, or technical errors.
4.6 Payout Adjustments. In the event of a remitting error, the Platform may make a payout adjustment for re-issuing a new cheque and an administration fee may be deducted for any cancellation of cheques. An Uploader hereby agrees that such administrative fees can be set off by the Platform with any amount due to such Uploader, at Platform’s sole discretion.
4.7 E-Wallet Liability. If an Uploader chooses to receive earnings through an e-wallet, the Uploader acknowledges that, once the funds are sent to the e-wallet payment processor by the Platform, the liability for the payment transfers to the payment processor and the Uploader is responsible for obtaining Uploader’s funds from the e-wallet payment processor. In case of any issues obtaining the funds, the Uploader must contact the payment processor directly and the Platform will have no involvement or liability regarding the funds.
4.8 Account Inactivity. If an Uploader’s account is inactive without valid payout information (no log in for twelve (12) consecutive months and no valid payout information), the Platform reserves the right to withhold any and all Uploader’s earnings. For a resolution, the Uploader must contact and reconfirm identity and/or valid payout method.
5. DISCLAIMERS AND INDEMNIFICATION
5.1 You understand that the Platform is an evolving technology and concept. For as long as you have access to the Platform, the Platform may be updated, improved and expanded. As a result, we allow you to access the Platform as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Platform Rules. We may modify, replace, refuse access to, suspend, or discontinue all or part of the Platform, for you only or for some or all of our Uploaders and Users, at our sole discretion. All of these changes shall be effective upon their posting on the Platform or by direct communication to you, unless otherwise noted.
5.2 As an intermediary service provider, the Platform has no obligation to monitor, regulate, or police Content; however, we reserve the right to do so. We further reserve the right to refuse, remove, and/or discard any Content from the Platform or to block your account in part or in whole, with or without notice, if deemed by us to be contrary to these Platform Rules.
5.3 THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. UPLOADER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM UPLOADER’S USE OF THE PLATFORM; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF UPLOADERS, PERFORMERS, OR MODELS APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS AND/OR LIVE STREAMS BETWEEN UPLOADERS AND/OR USERS. THE PLATFORM PLEDGES TO DO ALL WITHIN ITS REASONABLE AND LAWFUL MEANS TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF UPLOADER.
5.4 THE PLATFORM DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.
5.5 TO THE FULLEST EXTENT PERMITTED BY LAW, PLATFORM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE PLATFORM RULES OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. UPLOADER FURTHER AGREES THAT IN THE EVENT THIS SECTION IS INVALIDATED, PLATFORM ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST THE PLATFORM ARISING OUT OF THESE PLATFORM RULES, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE AMOUNT OF ONE-HUNDRED ($100.00) DOLLARS AND NO MORE.
5.6 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Platform, the operator, its parent, subsidiary, and affiliated corporations, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Platform; (ii) your violation or breach of any part of these PLATFORM RULES; (iii) your violation or breach of any third party rights, including, without limitation, any intellectual property, property, or privacy right; or (iv) any claim that all or any part of your Content caused damage to a third party. This defense and indemnification obligation will survive these Platform Rules and your use of the Platform. You also agree to defend, indemnify, and hold harmless the Platform and defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. You agree to indemnify and hold the Platform harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at our own expense and choose our own legal counsel but are not obligated to do so. You understand and accept that no communication between you and other Uploader or Users of the Platform is private. You hereby specifically release us and all other Uploaders or Users of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these Platform Rules.
6. UPLOADERS’ REPRESENTATIONS AND WARRANTIES
Representations and Warranties. As a material inducement for the Platform to enter into these Platform Rules, UPLOADER represents and warrants:
6.1 That Uploader is of sound mind and body, acting in free will, and fully understands the terms and conditions of these Platform Rules and their legal implications;
6.2 That UPLOADER IS AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform and at the time they create their account;
6.3 That Uploader owns all rights, title, and interest in the Content sufficient to lawfully and fully Upload, license or sell the Content through the Platform. Such Content shall not infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.
6.4 That Uploader has, and at all times during the term of these Platform Rules shall continue to have, the full right of authority to Upload, license, and sell Uploader’s Content as set forth in these Platform Rules and to perform all other obligations, warranties, and indemnifications set forth in these Platform Rules. An Uploader is solely responsible for submission of Content;
6.5 That all Content is made of lawful material, that the persons depicted in each and all Content are adults (over the age of 18 years and the age of majority in the UPLOADER’s jurisdiction) at the time such persons first participated in the creation of the subject piece of Content in which they are depicted, and that such persons validly and legally consented to appear in the Content. Furthermore, the Uploader represents and warrants that all persons whose image or voice appears in the Content is duly registered with the Platform and has had identity verified by the Platform, and that Uploader has acquired and provided all necessary written consent, license, release, permission and authorization, including to allow Users to download such Content, and moral rights waiver to the Platform of all such persons participating or depicted in the Content;
6.6 That Uploader has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where Uploader resides (and when relevant, where any other Uploader or User resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, associated record-keeping requirements, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes or to carry out or to encourage unlawful activities or activities that would infringe these Platform Rules;
6.7 That Uploader is solely responsible to obtain and maintain all applicable consents, licenses, and permits required to Upload, license, and sell Content through the Platform. Without limiting the foregoing, you agree not to Upload from public places or other places from which you are forbidden to Upload pursuant to your local laws and community standards;
6.8 That the following acts, actual and/or simulated, are prohibited under these Platform Rules, are forbidden in connection with the Upload of Content by Uploader, and shall not be present in any of the Content Uploaded by Uploader at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age (or under 21 years of age in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these Platform Rules, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; or (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto;
6.9 Without limiting the generality of these Platform Rules, the following acts, actual and/or simulated, are also prohibited under these Platform Rules: (i) impersonating anyone; (ii) requesting money or another form of consideration from Users not expressly permitted under these Platform Rules; (iii) harassing, defaming, threatening, using excessive language or being verbally abusive; (iv) depicting or sharing any Content that the Platform may deem contrary to the present Platform Rules; (vi) Uploading from a public place or creating the impression that Uploader is Uploading from a public place; (vi) using Users’ information to provide live sessions or receiving payments outside of the Platform; (vii) using or soliciting information that might be used for unlawful purposes or encouraging unlawful activities; (viii) posting or sharing information about Users or other Uploaders.
6.10 That all Content is fully compliant with all requirements set forth in the 2257 Regulations (or to any similar applicable legislation) including, but not limited to, that Uploader possesses and maintains age verification documentation in a form acceptable to the Platform and that Uploader has implemented and maintains a “Custodian of Records” as defined in the 2257 Regulations;
6.11 That Uploader will use best efforts to fulfill Users’ orders in a timely fashion and matching the order’s description as accepted. You have the ability to decline any order, at your sole discretion. Failure to deliver any order as accepted may result in a User refund or order cancellation, set off against Uploader earnings at Platform’s sole discretion;
6.12 That Uploader, for as long as such Uploader has an open account with the Platform and for a three (3) month period after closing such account, shall not divert, or attempt to divert, any business of, or any other Uploaders or Users of the Platform, to any competitor website, by direct or indirect inducement or otherwise;
6.13 That Uploader shall not directly, indirectly or otherwise promote or mention, on the Platform or in Uploader’s Content, any brand that is not owned or controlled by such Uploader, excluding such Uploader’s personal brand(s). For clarity, Uploader may promote or mention owned or controlled branding through watermarks;
6.14 That Uploader has read and understands the list of prohibited items found here, which is hereby incorporated into these Platform Rules, and that Uploader shall not sell or otherwise promote the sale of such prohibited items on the Platform;
6.15 That Uploader, or any of Uploader 's associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, Users’ real names, addresses, email addresses, social media accounts, accounts, billing or payment information, or usernames or passwords, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters;
6.16 That Uploader shall not misrepresent any of the services provided by the Platform through the Platform nor make any false or misleading statement to anyone about the service offered by the Platform through the Platform or pursuant to these Platform Rules;
6.17 That Uploader is solely responsible for complying with all applicable laws and regulations in the jurisdiction where they reside, as well as all laws and regulations applicable to the Platform and applicable to the Uploader’s use of the Platform. At all times, Uploader represents that they will comply with all additional terms, guidelines, or policies enacted by the Platform;
7. TERM AND TERMINATION
7.1 These Platform Rules shall be effective as of the date you start to use the Platform and remain in effect as long as you use the Platform. You can choose to close your account at any time, at your sole discretion.
7.2 The Platform reserves the right to terminate these Platform Rules and your account at any time, for any reason, with or without cause. If we terminate your account with cause, for example, because you are in material violation or breach of these Platform Rules, you agree and understand that any amount due to you by the Platform will be forfeited.
7.3 Notwithstanding anything to the contrary, all rights granted by Uploader to the Platform during the term of these Platform Rules shall survive the termination of these Platform Rules by either party.
8. TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS, AND LOGOS
The trademarks, services marks, trade names, trade dress, and logos (“Marks”) contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of the Platform and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without prior written authorization from the Platform and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of the Platform and may not be copied, imitated, or otherwise used, in whole or in part, without the Platform’s prior written authorization. The Platform will enforce its intellectual property rights to the fullest extent of the law.
9. CONFIDENTIAL INFORMATION; NON-CIRCUMVENTION
9.1 Confidentiality. During the term of these Platform Rules and for a period of ten (10) years after the termination thereof, each party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof, that has been disclosed by one party to the other party during the term of these Platform Rules. Proprietary information of the Platform includes, but is not limited to, the following aspects of the Platform: its Platform, software, employees, customers, affiliates, and service providers, intellectual property, functions, features, options, preferences, programming code, style, colors, layouts, “look and feel”, costs, profitability, statistics, data, and any other information in any way relating to the Platform or how the Platform conducts business. Uploader agrees that the liquidated and conclusive amount of damages from any breach of Uploader's duties imposed by this confidentiality agreement will be fifty-thousand ($50,000.00) dollars per action.
9.2 Non-circumvention. During the term of these Platform Rules and for a period of three (3) years after the termination thereof, the Uploader agrees that neither Uploader nor any person under control or authority of Uploader shall, directly or indirectly, circumvent or attempt to circumvent the Platform to form or attempt to form any business relationship with any of the Platform 's employees, affiliates, or sub-licensees, or that harms, injures, or diminishes the Platform and/or the benefits that the Platform might reasonably expect to enjoy pursuant to the rights granted to the Platform in these Platform Rules. Uploader agrees that the liquidated and conclusive amount of damages from any breach of Uploader's duties imposed by this non-circumvention agreement will be fifty-thousand ($50,000.00) dollars per action.
10. MISCELLANEOUS
10.1 Notices. An Uploader may serve official notices to the Platform by sending an e-mail to support@jav2.live. The Platform may serve official notices to the Uploader by sending an e-mail to the e-mail address on the Uploader's account. The Platform may also serve official notices to Uploader through information posted on “notification” or “messaging” sections of the Platform. It is your responsibility to monitor and review the “notification” or “messaging” sections of your account. All notices shall be legally binding upon posting.
10.2 Jurisdiction and Applicable Law. These PLATFORM RULES shall be governed by and construed in accordance with English law. The Uploader and the Platform irrevocably agree that the courts of Platform’s country of incorporation shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Platform Rules or their subject matter or formation (including non-contractual disputes or claims).
10.3 Language. If these Platform Rules are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.
10.4 Entire Agreement and Variation. These Platform Rules set forth the entire agreement between the Uploader and the Platform and supersedes all other written or oral agreements. If any provision of these Platform Rules is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these Platform Rules. The Platform shall have the right to vary, amend and update these Platform Rules at any time by positing the updated Platform Rules instead of the old ones and no special notice will be given to you and it remains your obligation to check the Platform Rules to comply with them all the time. In case you login in and continue using the Platform once the Platform Rules have changed you explicitly confirm your agreement with the updated Platform Rules.
10.5 No Assignment. These Platform Rules, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.
10.6 No Other Limitations. Nothing herein shall be construed to limit or prevent either Uploader or the Platform’s abilities to conduct their respective business with respect to matters not specifically addressed under these Platform Rules.
10.7 Choice of Language. Uploader and the Platform have elected that these Platform Rules and any related documents be drafted in English.
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