Terms of Service
Acceptance of the Terms of Service
By accessing, using or visiting www.sex.com, which is operated by Nektun Kallitheas 27, Flat/Office 001, 2313 Nicosia, Cyprus (“we“, us, “our“, or this “Website“), any making use of any of its Content, functionalities and services, you are indicating your acceptance to these Terms of Service including policies and related guidelines (for instance, Child Sexual Abuse Material Policy, and Non-Consensual Content Policy) (collectively “Terms of Service“), and our Privacy Notice and incorporated herein by reference.
This Term of Service, shall govern the relationship between all users, including Content Partners, Models, and Verified Uploaders who may also be contributors of Content, of this Website (collectively “you“, “User“ or “Users“ as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means. The term “Content“ includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on this Website.
- “Content Partners“ means Users of this Website who have joined our Content Partner Program.
- Member/Customer/Subscribe – The visitor who signs up to the services of the site.
- Guest – The visitor who enters on and/or visits the sex.com website without registering to the services of the site.
- Adult Service Provider (ASP)/ Performer/Model – A physical person older than 18 (or 21), depending on the jurisdiction, who provides shows, chats or interacts with Members and Guests of the site.
- Creators – means Users of this Website who have a validly identified account.
If you do not agree to any of these Terms of Service or our Privacy Policy, please do not access or use this Website.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
Ability to Accept Terms of Service
You affirm that you are at least the age of majority in the jurisdiction you are accessing this Website from and 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 the applicable age of majority, please do not use this Website. You also represent that the jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents. For more information on how this information is processed, please review our Privacy Notice. Failure to, when required, to provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents will lead to the termination or suspension of your access rights to all or part of this Website.
Changes to the Terms of Service
We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of this Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
The updated version of these Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect.
About This Website
This Website allows both registered and unregistered users to access adult-oriented content. Additionally, Content Partners, Verified Uploaders, and Models have the ability to upload adult-oriented content to the site.
This Website may contain links to third party sites that are not owned or controlled by this Website or its operator. We have no influence over, and accept no responsibility for, the content, privacy policies, or practices of any third-party sites. Furthermore, we do not have the ability to censor or edit the content on any third-party site. By using this Website, you release us from any liability related to your use of third-party sites. We encourage you to be mindful when leaving this Website and to review the terms, conditions, and privacy policies of any other websites you visit.
This Website is for your personal use and shall not be used for any commercial purposes except those specifically endorsed or approved by this Website.
This Website is for adult-oriented Content. Other categories of Content may be rejected or deleted in our sole discretion. We may, in our sole discretion and at any time, remove any Content on this Website.
You understand and acknowledge that when using this Website, you will be exposed to Content from a variety of sources, and that this Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against this Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.
Accessing this Website and Account Security
To access this Website or utilize some of the resources it offers, you will need to register and provide certain registration details and other information. For more information regarding the necessary information for using this Website to upload content, please consult our Privacy Notice. It is a condition of your use of this Website that all the information you provide here is accurate, up-to-date, and complete. You agree that all information you provide, whether for registration on this Website or through the use of any interactive features on the site, is subject to our Privacy Notice, and you consent to all actions we take regarding your information in accordance with our Privacy Notice.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at support@sex.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Website or others due to such unauthorized use.
If you interact with us or with third-party service providers, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Limited, Conditional License to Use Our Intellectual Property
Sex.com and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through this Website, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of this Website or vice versa.
This Website and certain materials available on or through this Website are Content we own, authored, created, purchased, or licensed (collectively, our “Works“). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website. Interference with the display of any advertising on this Website, use of ad blocking software to block or disable any advertising while viewing this Website, or use of information obtained from or through this Website to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Website and Works and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Website whole and intact as presented by this Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.
Rules Applicable to All Content and Uploaders on this Website
To upload Content to this Website, you must be either a Creator, a Content Partner or a Model, save and except if such Content is limited to comments, a cover picture and/or an avatar. We will not be responsible when You provide us incorrect, inaccurate, outdated or false identity data or information. We will immediately terminate your licenses, and therefore close your account; where applicable, the immediate suspension of any and all pending payments from us to you; and we may, in our sole discretion, withhold payment of any owed amounts indefinitely, and you may be subject to legal sanctions.
You represent and warrant that with respect to all Content you will upload on this Website:
- the Content does not contravene to any applicable laws and does not subject this Website to any claims, demands, lawsuits, regulatory actions or any actual, potential or risk of liability, or any threats thereof;
- you own the rights to use the Content on this Website and that the Content does not infringe on the rights (including intellectual property rights) of a third party and, that you have obtained the consent and release for every individual appearing in your Content, including the right for you to use and upload the Content on this Website;
- for every individual appearing in your Content you have carefully verified that a valid government-issued photo ID proves they had reached the age of majority on the day the Content was created, according to the jurisdiction where they were photographed, filmed or otherwise featured in such Content, (this applies to all individuals, whether identifiable or not, or whether nude or not);
- with respect to the Content, you, or the producer of the Content, have collected and maintained the records required under 18 U.S.C. § 2257 et. seq., as modified from time to time in compliance with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws;
- that Content Partner affirms that no individual appearing in the Content has been convicted of crimes relating to sexual assault, sexual exploitation of a minor, trafficking, and other related criminal offences;
- the Content may be used for training purposes;
- the Content is not a duplicate of another piece of Content uploaded by you or anyone else;
- the Content complies with this Website’s Terms of Service and our Privacy Policy.
Failure to comply with these Terms of Service or any related contracts you will enter into with us, or should we determine that any of the statements above is untrue, or not complied with, we may, in our sole discretion, refuse to include the Content or any part thereof or any references to such Content on this Website, remove the Content in question from this Website, forfeit all accrued or pending earnings, cancel all current or pending payouts, terminate your account and take any measures necessary to minimize or eliminate any liability.
We may, in our sole discretion, terminate your account if you breach any of the Terms of Service or at any time for any reason even without cause.
If we believe that your Content violates any criminal laws, this Website’s Terms of Service, your account will immediately be terminated, you will be banned from this Website without notice with all earnings and payouts forfeited, and where applicable, we will report you to law enforcement authorities.
Content published and obligation to comply with Records Keeping Requirements under 18 U.S.C. §2257.
You certify that the Content you upload to this Website has been produced and records are being kept in accordance with 18 U.S.C. § 2257 et. seq., as modified from time to time, with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws. Upon our request, you shall promptly deliver us legible copies (as may be lawfully redacted), of valid (as of the date of production of the Content) recognizable governmental photo identifications for any or all individuals appearing in any or all of your Content (demonstrating that each were at least 18 years of age or the applicable age of majority on the day the Content was produced) together with the required identification forms, documents and releases. In this context, when we refer to all individuals appearing in the Content, we refer to, without limitation, filmed, photographed, or recorded individuals or individuals in any way in the Content, whether appearing nude, semi-nude or fully clothed, engaging in simulated or actual sexual intercourse (including solo scenes). We do not accept or accommodate voice over or sounds from persons less than 18 years or the applicable age of majority depending on the jurisdiction appearing in the background or synced with the Content whether featured or not. Your failure to promptly deliver the requested information upon request, may lead to the temporary or permanent suspension of your account. You will, at your own expense, indemnify, defend, and hold us harmless from, any and all liabilities, losses, damages, fines, fees, penalties, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by us from any claim arising or resulting from your failure or negligence to comply with maintenance of any legally mandated records.
You acknowledge that you are solely responsible for the activity that occurs on your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password. You may never use anyone else’s account, just as no one can ever use yours.
You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account, and you specifically waive any such claim and agree to defend and indemnify us against any such claims made against your account by third parties.
To the extent you voluntarily create a User profile to participate in certain select services offered by us, your profile (and its Contents) may be searchable by other Users registered through this Website and others partnered or networked with us. Likewise, your profile (and its Contents) may be searchable by publicly available search engines.
You understand that we do not guarantee any confidentiality with respect to any Content you contribute.
Subject to what is permitted under applicable law, you are free to choose the type of Content you produce and post or publish. You shall be solely responsible for your own Content and the consequences of posting or publishing such Content.
You must assess and assume all risks associated with the use of any Content, including its accuracy, completeness, usefulness, or legality. In this regard, you acknowledge that you cannot rely on any Content created by us or transmitted to this Website. You are responsible for all Content that you upload, post, email, transmit, or otherwise make available through this Website.
If we have reason to suspect that your Content violates any third-party rights, including but not limited to copyright, trademark, or property rights, we may require you to provide us with written evidence of your ownership of or the right to use the material in question. If we request such written evidence, you agree to provide it to us within five (5) working days from the date of our request. Your failure to provide us with the required written evidence within that timeframe may result in the immediate termination of your account and our demand for compensation from you for any costs and damages associated with such Content.
You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your Content on this Website. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness. We do not control Content you submit or contribute, and we do not make any guarantee whatsoever related to Content submitted or contributed by Users. Under no circumstances will we be liable or responsible in any way for any claim related to Content submitted or contributed by Users.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to this Website all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on this Website pursuant to these Terms of Service.
You further agree that Content you submit to this Website will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant to this Website all of the license rights granted herein.
You understand and agree that this Website (and its successors’ and affiliates’) may use your Content for promotional, commercial purposes, and to provide the services under these Terms of Service. You retain all ownership rights in your Content. By submitting Content to this Website, you grant this Website’s operators an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, publish, distribute, market, create derivative works, adapt, translate, publicly display, communicate, or perform the Content for promoting and redistributing this Website (and derivative works) through any media formats and channels. You also waive any claims against us related to moral rights in the Content. We are not liable for any exploitation of the Content you post.
You also grant each User of this Website a non-exclusive, royalty-free license to access your Content as permitted under these Terms of Service. You understand that other Users cannot download or save the Content you post.
The licenses granted in video Content terminate within a commercially reasonable time after you remove or delete the Content, but this Website may retain server copies of removed or deleted videos. The licenses granted in User comments are perpetual and irrevocable
This Website do not endorse any Content submitted by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and this Website expressly disclaim any and all liability in connection with Content. This Website does not permit copyright infringing activities and infringement of intellectual property rights on this Website, and this Website will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.
This Website reserves the right to remove Content without prior notice.
All Content you submit must comply with the Content standards set out in these Terms of Service.
If any of the Content that you post to or through this Website contain ideas, suggestions, documents, and/or proposals to us, we will have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit, or disclose (or choose not to use or disclose) such Content in our sole discretion without any obligation to you whatsoever (i.e. you will not be entitled to any compensation of any kind from us under any circumstances).
Rules Applicable to Content Partners
If you want to become a Content Partner and post Content on this Website, you must first join our Content Patent Program and agree to its terms and conditions.
Rules Applicable to Models
If you want to become a Model and post Content through this Website, you must first join our Model Partner Program and agree to its terms and conditions.
We may, in our sole discretion, decline your application to join our community of Content providers for any reason.
You will be asked to provide a valid email address for verification purposes. You will choose your own screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure). Certain changes to your personal information such as your name and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed you may need to contact our costumer success staff to have this done.
Before you are able upload Content on this Website, you need to verify your identity. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by our Privacy Notice.
Rules Applicable to Creators
As a Creator, you will be a validly identified account holder and you may submit Content to this Website. In order to do so, you need to submit to us high-res images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the ID, your photo, your full legal name and your address. This could be, for example, your driver’s license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport or your national ID card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo ID, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity. Facial verification and an assessment of the authenticity of the aforementioned documents is also required in the context of our verification of your age and identity. Our collection, use and disclosure of such information and documentation is governed by ours Privacy Notice.
We may, in our sole discretion, decline your application to join our community of Content providers for any reason.
Content’s Creators and Model Commission
Content Creator and/or Model will be entitled to receive eighty (80) % of commission from the subscriptions on lock content on this Website. If you provide us with incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to you.
In order to maintain the 80% of commission, We will cover for the processing fees, which included the cost of processing payments, meaning recurring billing, recovering declined payments and fighting fraud.
Payout fees: Payout fees represent the cost associated with transferring funds from your Creator and/or Model balance to your designated payout method, which can be a bank account or Paxum. These fees are subtracted by the banks and peer-to-peer (P2P) providers when you initiate a payout request, directly impacting the amount you ultimately receive. It is important to note that our payout fees are calculated on a one-to-one basis with no additional markup.
It should be recognized that P2P transactions typically entail the lowest payout transaction fees, while bank transfers tend to involve higher payout transaction fees.
In the event you violate any part of the present Terms of Service, Model’s terms of Service or if you violate any third party right, including without limitation any copyright, property, or privacy right, or where a third-party claims that all or any part of your Content caused it damage, we may, in our sole discretion, withhold indefinitely payments to you.
We remind you that it is your sole duty and obligation to fulfil all tax obligations with regard to your activities for us, including but not limited to registration, declaration, and payment obligations related to income taxes and VAT. If we assist you with these obligations, it does not release you from your obligations. It is your duty to inform us in a timely manner of changes to your personal data such as an address change or a new email.
Use of Website
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometrics verification processes, technologies or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.
Prohibited Uses
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose.
You agree not to modify, reverse engineer, disassemble, decompile, reduce, or take any other action intended to reduce the source code or content used by Us to provide the Website.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using this Website. Specifically, you agree not to use any of this Website to:
- violate any law or encourage or provide instructions to another to do so;
- act in a manner that negatively affects other Users’ ability to use this Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- post any Content that depicts any person under the legal age of majority depending on the jurisdiction, whether real or simulated;
- post any Content for which you have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, under the legal age of majority depending on the jurisdiction;
- post any Content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech, (either orally or via the written word);
- post any Content that contains falsehoods or misrepresentations that could damage this Website or any third party;
- post any Content that is obscene, illegal, unlawful, fraudulent, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
- post any Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
- post any Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or for which you have not obtained all necessary written permissions and releases;
- post any Content which impersonates another person or falsely states or otherwise misrepresents your affiliation with a person;
- use this Website (or post any Content that) in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;
- use this Website to arrange any in-person meetings for purposes of sexual activity for hire;
- deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
- deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
- exceed your authorized access to any portion of this Website;
- remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on this Website or in connection with our services;
- remove, delete, alter, circumvent, avoid, or bypass any age verification processes, technologies or security tools used anywhere on this Website or in connection with our services;
- collect or store personal data about anyone;
- alter or modify without permission any part of this Website or its Content, including ads;
- obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through this Website;
- exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.
Monitoring and Enforcement; Termination
We have the right but not the obligation to:
- remove or refuse to post any Content you submit or contribute to this Website for any or no reason in our sole discretion, including, without limitation, if any information or documentation provided by you is inadequate, incomplete, or inaccurate or does not allow us to assess and confirm your identity;
- monitor any communication occurring on or through this Website to confirm compliance with these Terms of Service, the security of this Website, or any legal obligation;
- take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of this Website or the public, or could create liability for us;
- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Website;
- terminate or suspend your access to all or part of this Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through this Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCOLSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
This Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any Content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to this Website by contacting legal@sex.com
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, this Website may, but will not have any obligation to display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of this Website in an appropriate manner. In addition, this Website may, but will not have any obligation to, review and monitor private messages, public comments, public group chat messages, private group chat messages, or private instant messages posted by you. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
Copyright and Other Intellectual Property
This Website upholds a strict Copyright Policy with respect to any Content that is alleged to infringe upon the copyrights of a third party. If you believe that any Content on this website violates your copyright, we kindly direct you to review our Copyright Policy, which provides instructions on how to submit a notice of copyright infringement. In accordance with our Copyright Policy, this website may revoke a user’s access if, under the appropriate circumstances, that user is determined to be a repeat infringer.
It is important to note that this website does not act as an intermediary in trademark disputes between users and trademark owners. Therefore, we encourage trademark owners to directly address any disputes with the relevant user or seek resolution through legal means, such as the court. If you wish to report Content on this website that you believe infringes your trademark, you can do so by contacting us through the provided channels.
This website is prepared to conduct a limited investigation into reasonable complaints and will promptly remove Content in clear cases of infringement. Please be aware that only the trademark owner or their authorized representative may submit a report of trademark infringement. Additionally, it is important to note that we routinely share the rights owner’s name, your email address, and the details of your report with the individual who posted the Content you are reporting. This individual may contact you based on the information you provide.
Abuse Reporting
This Website does not permit any form of revenge porn, blackmail, or intimidation. Violations of this policy can be reported through by sending an email to legal@sex.com
Termination of License and Termination of the Account
While pornographic and adult-oriented Content is accepted, this Website reserves the right to decide whether Content is appropriate or violates these Terms of Service for reasons other than copyright infringement and violations of intellectual property rights, such as, but not limited to, obscene or defamatory material. This Website may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User’s account for submitting such material in violation of these Terms of Service.
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to this Website or stop providing all or part of this Website to you for any reasons at our convenience.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Service. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.
Reliance on Information Posted
The information presented on or through this Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this Website, or by anyone who may be informed of any of its Contents.
This Website includes Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.
Changes to this Website
We may update the Content on this Website from time to time, but its Content is not necessarily complete or up to date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to this Website
All information we collect on this Website is subject to our Privacy Notice. By using this Website, you acknowledge that you have read and understand the terms of the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
Linking to this Website and Social Media Features
You can link to this Website as long as it’s done fairly and legally, without damaging our reputation or implying any association, approval, or endorsement from us without our written consent.
This Website offers social media features that allow you to:
- Link from your website or certain third-party sites to specific content on this Website.
- Share emails or other communications containing specific content or links from this Website.
- Display limited portions of content from this Website on your website or specific third-party sites.
You can use these features only as provided by us and in alignment with the associated terms and conditions. However, you must not:
- Display this Website or its content on another site, for instance, through framing, deep linking, or in-line linking.
- Take any actions that contradict other provisions in these Terms of Service regarding the content on this Website.
The sites you link from or on which you make content accessible must fully adhere to the content standards outlined in these Terms of Service.
You agree to collaborate with us in promptly stopping any unauthorized framing or linking. We retain the right to revoke linking permission without prior notice.
We reserve the right to disable all or some social media features and links at our discretion, without prior notice.
Links from this Website
If this Website has links to other websites and resources from third parties, please note that these links are there for your convenience. This includes links in advertisements like banner ads and sponsored links. We don’t control or take responsibility for the content, privacy policies, or practices of those external sites or resources. We also aren’t responsible for any loss or damage that might occur when you use them. Just because we have links to or allow the use of third-party sites, apps, software, content, or ads doesn’t mean we endorse or approve of them. If you choose to visit any of these third-party sites linked from this Website, you do so at your own risk and need to follow their terms and conditions.
Any interactions or transactions you have with sponsors, advertisers, or other third parties you find on this Website are solely between you and those third parties. This Website is not responsible or liable for any losses or damages that might result from these dealings or from the presence of sponsors, third parties, or advertisers on this Website.
Permitted Disclosures of Personal Information
This Website generally does not collect personally identifiable information (data such as your name, email address, password, and the Content of your communications) unless you submit or communicate Content through this Website or register with us in order to use certain features of this Website. This Website will not disclose any personally identifiable information they collects or obtains except: (i) as described in these Terms of Service or our privacy Notice; (ii) after obtaining your permission to a specific use or disclosure; (iii) if this Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect this Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires this Website, or the assets of this Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If this Website is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.
This Website will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect this Website. In order to enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect this Website, you agree to allow this Website to access your information.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless this Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, 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 this 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 your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Liability
In no event shall the Website, its Officers, Directors, or Employees be liable in the event of damage or interruption of the Site’s service due to causes external to the Website. Likewise, it will not be responsible in the event of damage or interruption caused by any computer virus, spyware, or other malware that may affect your computer or other equipment, or any identity theft (phishing), spoofing, or other type of attack. If the Issuer suspects the authenticity of a communication purporting to be from the Website, they should not accept it and must notify the Website through the enabled communication channels.
THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE 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.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU SPECIFICALLY ACKNOWLEDGE THAT THIS WEBSITE OFFICERS, DIRECTORS, EMPLOYEES, SHALL NOT BE LIABLE FOR CONTENT OR FOR 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.
YOU FURTHER ACKNOWLEGE THAT ANY CONTENT UPLOADED TO THIS WEBSITE MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED, POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THIS TERMS OF SERVICE – AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.
YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
Any claim by you that may arise in connection with these Terms of Service may be compensable by monetary damages up to, if any, a maximum of your paid subscription fee in the last twelve months, and you will in no event be entitled to injunctive or other equitable relief.
Limitation on Time to File Claims
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Notice of Litigation
You shall notify us in writing within five (5) working days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
Your Comments and Concerns
This Website is operated by Nektun Limited, with registered offices located at Kallitheas 27, Flat/Office 001, 2313 Nicosia, Cyprus. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to: support@sex.com
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Jurisdiction & Choice of law
These Terms of Service, your use of this Website, and the relationship between you and us shall be governed by the laws of Cyprus, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to this Website. You agree that this Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
The Terms of Service, our Privacy Notice, our DMCA Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.
Contests Organization
Contests involving the Creators may be organized from time to time either by the Website and/or affiliates where deemed relevant. Those contests may be directly or indirectly related to the Content provided by the Creators, potentially aiming at promoting Creators and/or Creators’ materials and/or at raising the appeal of the Website and/or of Creators pages and/or at enhancing the sense of belonging to the Website’s Creators community and/or at raising Website traction/traffic through the delivery of prizes to winning Creators following participation to such contests and possibly communicating about those. Contests may be organized worldwide or locally and therefore be respectively open to all models or only to those residing in a specific geographical area, as indicated within specific rules that will govern such contests and which will be displayed on the Wiki page when applicable. Subject to the above, Creators’ registration and participation to such contests will be on a volunteer basis.
When contest(s) targeting specific country(ies) is/are held, rules governing the organization and conduct of said contest(s) will usually be governed by the applicable local regulations of the country/region/state where the contest(s) is/are organized.
Creators interested in participating in contests undertake
- to fully acknowledge specific rules applicable to the contest(s) whenever said contest(s) is/are advertised,
- to abide by those rules and
- not to apply in case they are not located in the geographical area to which the contest is limited to as the case may be.
SPECIFIC RULES AS REGARDS ONGOING CONTESTS SHALL BE DISPLAYED ON THE WIKI