Terms & Conditions
Amended August 2021
MyXvids.com may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Website.
1. Description of Service
MyXvids.com is a website that makes content generated by third-parties available to its viewers. The website is a resource for people who want to share and who are looking for, among other things, visual depictions of adult content, including sexually explicit images. Visitors to the website can also "rate" the content they view on a scale of 1 through 5 stars. (Collectively, "MyXvids.com's Services")
Among other things, MyXvids.com provides a platform for uploading, sharing, and viewing various types of content. MyXvids.com's dynamic and collaborative service enables registered and unregistered users (visitors and registered members are collectively referred to as "User(s)") to access a host of functionality, including but not limited to various types of media submitted by Users (collectively, "User Submissions").
This Agreement sets forth the legally binding terms for your use of the Website. By agreeing to these Terms of Service, you agree to be bound by this Agreement, whether you are a "Visitor (which means that you simply browse the MyXvids.com Website) or you are a "Member" (which means that you have registered with MyXvids.com, either as a paid subscriber or a free account holder). You are only authorized to use MyXvids.com's Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
MyXvids.com grants you a personal, non-exclusive, non-transferable, limited, and revocable license to view the Content and Website subject to the terms of this Agreement. You may access, transfer, or use the Website on such software, personal computers, and/or devices as authorized by us or our content delivery providers.
2. The Use
2 A) The MyXvids.com website is a single integrated work which may not be accessed or used without permission. This Website is a work owned by MyXvids.com. The structure, design, functional components and other features of this Website, as well as all company-owned or licensed content depicted in this Website, jointly comprise a single fully integrated work owned by the Company that is presented and made available only for non-commercial entertainment use by adults as a unitary work. All use of the Website is by permission only and no rights or permissions are granted to any person or legal entity to perform, distribute, rebroadcast or otherwise use this work or any part thereof in any manner separate or apart from the use of the work as a whole in accordance with these Terms of Service while your Internet browser is in direct communication with one or more MyXvids.com's servers at www.MyXvids.com. You agree that any access to or use of any content, feature or functionality on the Website, or otherwise by access via any URL commencing with "MyXvids.com", shall be deemed to be access to, and use of, the work as a whole.
The Website is made available to you for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyXvids.com. Illegal and/or unauthorized use of the MyXvids.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyXvids.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
2 B) No Implied Use. Users of this work are hereby advised that the work comprises valuable intellectual property owned by the Company that includes, without limitation, the work's search and content organizing functions, advertisement designs, Company trademarks, including, without limitation, the LoveHomePorn logo, and all links and other aesthetic features and website functionality of the work. All use of this Website is by express permission controlled exclusively by these Terms of Service. There are no implied uses of this work. Access to any internal parts of the work by means other than through website navigation features provided on the Website itself are prohibited. No deep linking or independent deep link access is authorized. No authorization to use this work in any manner whatsoever is, or shall at any time be, granted to any person under the age of 18 years.
2 C) Agreement Not To Access Content Or The Website From Prohibited Areas. As a material condition to the granting of the license to you to use the Website, you agree and warrant that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Website directly or indirectly while you are in any of the geographic locations identified by the Company as "PROHIBITED AREAS" from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of the Website. All of the following areas constitute such "PROHIBITED AREAS" from which the none of the age-restricted parts of Website, or any Content provided by Company or any Affiliated Content Providers, may be accessed, viewed, downloaded or otherwise received by you:
2 C 1) Other Prohibited Access Areas.
2 C 1 1) All parts of the following countries: Afghanistan, Algeria, Chad, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran Islamic law; and
2 C 1 2) All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as content provided by MyXvids.com, by user submission or by MyXvids.com-affiliated content providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
2 D) Affirmation That You Are An Adult And You Are Not In A Prohibited Area. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AN ADULT, I.E., OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), THAT YOU ARE NOT LOCATED IN A PROHIBITED AREA AND THAT YOU WILL NOT ACCESS THE WEBSITE FROM ANY PROHIBITED AREA.
2 E) Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that you understand, and that you hereby agree, that any access to the age-restricted parts of the Website by a minor or by any person located in a prohibited area of the world constitutes the unauthorized accessing of MyXvids.com's computers and databases in excess of the authorization expressly granted by MyXvids.com in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code 502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the MyXvids.com's copyrights in the Website which are protected under the laws of the United States and other countries. You further acknowledge that you understand that any such unauthorized access of the Website could subject you to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the MyXvids.com's copyright in the Website could subject you to statutory damages of up to $150,000.
3. User Ability to Accept Terms of Service
You affirm that you are at least 18 years of age, or the applicable age of majority in the jurisdiction where you reside and from which you access the Website, because the Website is prohibited for those not meeting this requirement. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, or under the age of majority in the jurisdiction where you reside or from which you access this Website, then you do not have permission to use the Website. You may be asked to provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Website.
4. User Conduct
You agree that you shall not, and you shall not permit others using your account, if any, to do any of the following: (a) upload, post, transmit, or otherwise make available any User Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another person's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity, including without limitation any MyXvids.com personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Website; (d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam"; (e) upload, post, or otherwise transmit any User Submission that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment; (f) damage, interfere with, or disrupt MyXvids.com, the Website, or MyXvids.com networks; (g) intentionally or unintentionally violate any credit card association standards, applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control; (h) "stalk" or otherwise harass another; (i) engage in, promote, or provide instructional information about, or provide video User Submissions depicting illegal activities,and does not violate any credit card association standards, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; (j) use the Website in any way that exposes MyXvids.com to criminal or civil liability (k) promote, offer for sale, or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to promote, offer, or sell, including all necessary licenses and authorizations, or (iii) MyXvids.com determines, in its sole discretion, is inappropriate for sale through the Website; (l) use the Website as a forwarding service to another website; or (m) exceed the scope of the service that you have signed up for.
MyXvids.com shall determine in its sole discretion what action, if any, shall be taken in the event of any discovered or reported violation of the above-mentioned terms.
If you decide to register with MyXvids.com, you will receive a password and ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. MyXvids.com reserves the right to hold you fully responsible for all activities that occur under your password and ID. Further, you agree to (a) immediately notify MyXvids.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyXvids.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Further, you agree not to use the account, username, or password of another Member.
With the exception of all User Submissions, the content on the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to MyXvids.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MyXvids.com reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
6. User Contributions
In General. The Website may contain personal profiles, live streaming, messaging, timelines, comment sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website. You may only post User Contributions on or through the Website if you are a verified user. To become a verified user, you must first provide us with a government-issued identification so that we can verify your age and identity. By providing us with a government-issued identification, you consent to us providing your government-issued identification to a third-party vendor for validation purposes. All User Contributions must comply with the Content Standards set out in section 17. We will consider nonconfidential and nonproprietary any User Contribution you post to the Website.
18 U.S.C. § 2257 Obligations. Federal law requires you to keep records for any visual depictions you post that portray “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A. Your failure to comply with 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
License Grant. For each User Contribution you post, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Contribution (including for promoting and redistributing any part of the Website (and derivative works of it)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with that User Contribution. In addition, you grant each other Website user a worldwide, nonexclusive, royalty-free license to view your User Contribution through the Website only as enabled by a feature of the Website (such as video playback, embeds, or downloads). This license does not grant any rights or permissions for a user to use your User Contribution independent of the Website. The licenses you grant continues for a commercially reasonable period after removing or deleting your User Contributions from the Website. You understand, however, that we may keep but not display, distribute, or perform server copies of your User Contributions that have been removed or deleted.
You Upload User Contributions at Your Own Risk. We use reasonable security measures to try to protect User Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Contributions will not occur. To the fullest extent allowed by applicable law, we will not be liable to you for any unauthorized copying, use, or distribution of your User Contributions by third parties, and you hereby release and forever waive any claims you may have against us for any such unauthorized copying or use of the User Contributions, under any equitable or legal theory. We provide security measures to protect User Contributions “as is” and with no warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those measures.
Acknowledgment. You acknowledge that you are responsible for any User Contribution you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any User Contribution posted by you or any other user.
Third Parties Depicted in User Contributions. You must obtain and keep on record written consent from all persons depicted in your User Contributions specific to the following areas: (a) consent to be depicted in the User Contribution; (b) consent to allow for the public distribution of the User Contribution and to upload the User Contribution to the Website; and (c) if the User Contribution will be made available for downloading by other users, consent to have the User Contribution downloaded. In addition, you must verify the identity and age of all persons depicted in the User Contribution to ensure that all persons depicted are adults, and you must provide us with supporting documents on request.
Representations and Warranties. You state that the following facts are accurate about the User Contributions you post on or through the Website:
- (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
- (b) if any User Contributions contains the name (real or fictitious), identity, likeness, and voice (or other biographical information) of another person, you have obtained the appropriate consents and licenses for your use of those features and the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns, are allowed to use them to the extent indicated in this agreement;
- (c) your User Contributions do not and will not infringe, violate, or misappropriate another person’s rights, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- (d) your User Contributions do not and will not defame or disparage another person;
- (e) your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code;
- (f) your User Contributions otherwise comply with this agreement.
7. Inappropriate User Submissions
MyXvids.com is responsible for monitoring our services for any inappropriate content or conduct of our users. If at any time while monitoring and testing content we find inappropriate content at our sole discretion will modify or remove such content. Any users that are acting in any inappropriate manner will have their account removed from our services along with content that has been uploaded. MyXvids.com will review and delete any User Submissions that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, violate any credit card association standards, harm, or threaten the safety of any User or person not associated with the Website (collectively "Inappropriate User Submissions"). We will review and monitor all User Submissions prior to becoming visible on the Website including all content to any third-party website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
MyXvids.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein; however, all content and user conduct will be carefully monitored for any inappropriate behavior. MyXvids.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MyXvids.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MyXvids.com reserves the right to remove Content and User Submissions without prior notice. MyXvids.com will also terminate a User's access to its Website, if he or she is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. MyXvids.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscenity, or defamatory material, or excessive length. MyXvids.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
MyXvids.com provides the Website as a service to its users. MyXvids.com does monitor, supervise, and control content posted or stored on its servers at the direction of its Users, and it controls and supervises the content of pages that are accessed via third party links.
MyXvids.com takes all laws against child pornography seriously. Thus, it will not condone, and it intends to cooperate with all governmental agencies that seek those who produce, child pornography. By using this website, you agree that all User Submissions you upload to this website for viewers in the United States or any of its territories or possessions are fully compliant with all laws relating to child pornography in the United States, including but not limited to 18 U.S.C. section 2257. If you need to review this statute before agreeing to these terms, then visit //www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00002257----000-.html. By using this website, you also agree that all User Submissions you upload to this website for viewers anywhere in the world comply with any and all applicable laws.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/, MyXvids.com will respond expeditiously to claims of copyright infringement that are reported to MyXvids.com's designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to MyXvids.com by providing MyXvids.com's designated copyright agent listed below with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyXvids.com to locate the material; Information reasonably sufficient to permit MyXvids.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Procedures to Ensure Compliance The Website permits the submission of User Submissions and the hosting, sharing, and/or publishing of such User Submissions. a) Requiring all users to be over 18 years old to upload videos or pictures. b) When uploading, user must verify the content; assure he/she is over 18 years of age; certify that he/she keeps records of the models in the content and that they are over 18 years of age. Also, user must verify her and his consent to publish the submitted content. c) MyXvids.com allows content to be flagged as inappropriate. Should any content be flagged as illegal, unlawful, harassing, harmful, offensive or various other reasons, MyXvids.com shall remove it from the site without delay.
8. Equipment and Software
You agree to provide, at your own expense, Internet access, compatible software, and compatible equipment to access and use the Website. You may need to download certain software to use enhanced features and the Website. You may need to obtain updates or upgrades from time to time in order to continue using the Website. MyXvids.com may modify system requirements or the Software at any time. MyXvids.com MAKES NO WARRANTY THAT ANY PARTICULAR COMPUTER, PORTABLE DEVICE, OR OTHER RECORDING DEVICE WILL BE COMPATIBLE WITH THE SOFTWARE AND SERVICE PROVIDED TO YOU, THAT ANY DEVICE USING THE SOFTWARE AND SERVICE WILL FUNCTION, OR THAT THE WEBSITE WILL WORK ON THE EQUIPMENT AND SOFTWARE USED BY YOU.
You acknowledge that MyXvids.com reserves the right to charge for the MyXvids.com services and to change its fees from time to time in its discretion. If MyXvids.com terminates your rights to use the MyXvids.com services because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
10. Representations and Warranties
You represent and warrant that all of the information provided by you to MyXvids.com to participate in the Website is accurate and current; and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
MyXvids.com reserves the right to terminate your access to and/or use of the Website and remove and discard any Content and User Submissions at any time for any reason, including without limitation any failure to comply with any part of this Agreement. MyXvids.com also reserves the right to discontinue providing all or part of the Website. MyXvids.com reserves the right, in its sole discretion, to change or discontinue the Website and Content at any time, without notice. You agree that any termination of your access to or use of the Website and any discontinuation by MyXvids.com in providing the Website may be effected without notice to you and that MyXvids.com shall be under no obligation to retain any User Submissions, provide any further access to any User Submissions or return any User Submissions to you. You agree that MyXvids.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Website.
13. Warranty Disclaimer/Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT MyXvids.com SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, MyXvids.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MyXvids.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL MyXvids.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) ANY CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MyXvids.com SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
MyXvids.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MyXvids.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT MyXvids.com SHALL NOT BE LIABLE 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.
MyXvids.com makes no representations that the Website is appropriate or available for use in locations outside of the Netherlands. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify, and hold harmless MyXvids.com, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
15. Advertisements and Promotions
You understand and agree that MyXvids.com may display advertisements on some or all of the site. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that MyXvids.com has the right to run such advertisements without prior notice and without recompense to you or any other user. MyXvids.com reserves the right to modify the manner, mode, and extent of advertising on the site at any time without notice. Any business dealings, interactions, or participation in sponsored giveaways or promotions with advertisers found on the site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that MyXvids.com shall not be held responsible for any loss or damage incurred as the result of such interactions or dealings with advertisers on the site.
16. Zero Tolerance Spam Policy
Spam is defined as any unsolicited email whether commercial or non-commercial in nature. Spam includes, but is not limited to email spam, fax spam and search engine spam. All affiliates are expected to adhere to MyXvids.com's no spam Terms of Service. If you run a newsletter, e-zine, or other kind of bulk email service, you must have evidence that people signed up to receive email from you. Any and all spam complaints will be investigated thoroughly. Any affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate account terminated and may lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.
17. Content Standards
Content Standards. These content standards (“Content Standards”) apply to all User Contributions and use of the Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, national, provincial, local, and international laws and regulations. User Contributions must not:
- 17.1 Depict or discuss any activity that is illegal or otherwise violates applicable law.
- 17.2 Contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material.
- 17.3 Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- 17.4 Promote, depict, or discuss children, child exploitation or abuse, age-play, incest, rape or non-consensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine, excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that would be considered obscene under the applicable community standards.
- 17.5 Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated sexual content concerning another person (including “deepfakes”).
- 17.6 Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, capture, or otherwise memorialized; or (b) being posted and shared on the Website).
- 17.7 Promote or depict firearms, weapons, or goods whose sale, possession, or use is subject to prohibitions or restrictions.
- 17.8 Promote or depict alcohol or drugs or drug paraphernalia.
- 17.9 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- 17.11 Be likely to deceive any person.
- 17.12 Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
- 17.13 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- 17.14 Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- 17.15 Involve commercial activities or sales, including unsanctioned contests, sweepstakes, other sales promotions, barter, or advertising.
- 17.16 Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
- 17.17 Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
- 17.18 Depict private or personal information of any person without their written consent.
- 17.19 Request personal information from or share personal information with any influencer or other user, including financial information, email address, telephone number, or mailing address.
- 17.20 Request money from or otherwise defraud influencers or other Website users.s.
18. Token(s) Policy
You can purchase tokens and tip them to any model you like. We offer different token packages for you to purchase. We may change the price of tokens from time to time to offer you special offers. Like in every other website, you should use a valid credit card and provide us with certain information to proceed with the purchase.
You must purchase “tokens” which you can then use to give you full use of additional features of the Website. Prices for tokens will be posted on the Website and may change from time to time in our sole discretion. Prices are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including for token purchases, must be made with your valid credit card or debit card or other available payment method, the information of which may be kept on file by us or by our payment processors (“Filed Payment Details”). Fees for tokens must be paid in advance of you using them.
In order to make a purchase, you may be asked to supply certain information to allow us to process and authorize your purchase, including, without limitation, your name, address, card number, card expiration date, card security number and other information. You represent and warrant that (i) you have the legal right to use form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.
We reserve the right to refuse, cancel or terminate your order for any time and for any reason in our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.
YOUR FILED PAYMENT DETAILS MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE PURCHASES OR FOR ANY RECURRING PURCHASES WHICH YOU HAVE AUTHORISED. YOU HEREBY AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR FILED PAYMENT DETAILS FOR SUCH PAYMENTS ON YOUR BEHALF.
By enabling the auto-refill feature on the Website, you hereby expressly give your permission for us to automatically charge your last payment details on file, with an amount equivalent to your last purchase, as soon as the tokens in your account get below a chosen threshold. You can always opt-out from the auto-refill feature at any time, by going to your account's "Settings".
Token Expiration: Tokens purchased have an expiration date of 90 days, all tokens must be used within this timeframe.
You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorized any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorized. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional $100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.
19. Refund(s) Policy
If at any time we terminate your rights to use the Website because of a breach of these Terms, you shall not be entitled to a refund of any portion of your unused tokens. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Website and/or imposed by any sales agent or payment processing company, as may be amended from time to time.
Without limiting the foregoing, we may in our discretion refund you tokens when there are technical problems with the Website (i.e., when the Website malfunctions and takes your tokens) or when you have had a provably unsatisfactory private show (in which case, you must end the show as soon as possible). However, we will never refund tokens when you have given a tip (as tips are gifts and cannot be reversed) or when you are spying on another person’s private show.
20. Inactive accounts:
If a period of inactivity is detected in your account (ie you neither use your account nor purchase any tokens, then we reserve the right and at our sole discretion to terminate your rights to use the Website.
In such a case, you hereby expressly accept, agree and acknowledge that any portion of your unused tokens is forfeited by you and cannot subsequently be recovered.
21. Recurring Transaction Agreement:
When you purchase a one-month subscription, your subscription will automatically renew unless cancelled before the expiration of your current purchase. Upon your initial purchase, you will receive a one-time bonus of two hundred tokens. Once received, you will not be eligible to receive this bonus again. Your subscription will renew at the rate of US$19.95 per month. The date of your automatic renewal will be the day after the last day of your membership purchase. You may cancel your membership at any time during purchase to avoid your membership automatically renewing by contacting our customer service department through email. For all initial purchases, you will receive an email receipt upon successful completion of your initial purchase. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.
22. Export Control:
The Platform must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of Platform and/or the Third Party Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Platform must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, Pakistan, Saudi Arabia, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Platform and, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
24. No Warranties
The Platform is distributed and made available on an "as is" basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. Where permitted by law, you acknowledge that the Platform is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Platform is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
25. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
26. Binding Agreement
By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
27. NO WARRANTIES, LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND THE NUMBER, AS WELL AS THE THIRD PARTY SERVICE, IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PLATFORM AND SITE ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEPHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEYS YOU HAVE PAID US.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, 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 to be severed from this Agreement.
Any disputes arising under or in connection with this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and we hereby waive to the fullest extent permitted by law, any right to bring a claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. It is the intent of the parties that any dispute between the parties will be considered on an individual claim(s) basis, and that none of their respective claims may be arbitrated or litigated on a class-wide basis. This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Any arbitration shall take place in Miami-Dade County, Florida, exclusively, unless otherwise agreed to by the parties in writing.
30. Cancellation By User
You may cancel your membership at any time by emailing us at [email protected]
31. Termination by Us
We may, in our sole discretion, without advance notice, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or in the event that we determine to cease operating the Platform. You hereby agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to the Platform. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. You agree that if your account is terminated by us, you will not attempt to re-register as a member without prior written consent from us.
32. Effect of Termination or Cancellation
In the event that your account is terminated or cancelled for any reason, effective immediately you will no longer have access to the non-public areas of the Platform nor will you be able to utilize any Number or any Credits. Any Credits left in your account will be deemed forfeited to us and you will not be compensated for same.