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Terms of Service

Updated: October 28, 2024 12:31 pm

Acceptance of the Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.RiotModels.com ("we", "us", "our", "ours", "Service" and/or the "Platform"), including any content, functionality, and services offered on or through the Platform, whether as a model ("Model", "you"), a user ("User", "you") or subscriber (“Subscriber”, "you"). Term “Users” includes both “Models” and “Subscribers”, as well as unregistered visitors.

These Terms of Service apply to the Platform, web pages, interactive features, applications, widgets, blogs, social networks, or other online offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means.

Please read the Terms of Service carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://www.RiotModels.com/tos and https://www.RiotModels.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Platform.

If you access or use the Platform, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service.

You consent to enter these Terms of Service electronically.

When using the Platform, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service.

Ability to Accept Terms of Service

You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Platform 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.

You also represent that the jurisdiction from which you access the Platform does not prohibit the receiving or viewing of sexually explicit content.

If you are under 18 or the applicable age of majority, you are not permitted to submit personal information to us or use the Platform.

Changes to the Terms of Service

We may modify, amend, or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions.

The only way the Users may be notified about any changes, including major ones, is via page “What’s New” (https://riotmodels.com/riot-models). Therefore, you are expected to periodically review the most up-to-date version of these Terms of Service found at https://www.RiotModels.com/tos, so you are aware of any changes, as they are binding on you.

If we change anything in these Terms of Service, the change time and date will be reflected in the "last modified date" of the document. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the "last modified date” is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the new ones.

All changes are effective immediately when we post them on a dedicated page https://www.RiotModels.com/tos and apply to all access to and use of the Platform thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect.

If you do not review new terms as posted, then you agree that you have surrendered your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Website subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to, and consent to such amendment.

About this Platform

The Platform allows for accessing, subscribing, uploading, sharing and general viewing of various types of adult-oriented content by registered Users - Models and Subscribers - who desire to share visual depictions of adult-oriented scenes, including sexually explicit images. In addition, the Platform contains texts, messages, files, data, information, images, photos, videos, recordings, materials, code or content of any kind and other materials posted/uploaded by Users - Models and Subscribers.

This Platform is for adult-oriented content. Other categories of content may be deleted at our discretion.

The Platform is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Platform.

You understand and acknowledge that when using the Platform, you will be exposed to content from a variety of sources and that the Platform 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 the Platform with respect thereto, and agree to indemnify and hold the Platform, its site operator, its parent corporation, its respective 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 the Platform.

The Platform may contain links to third-party websites that are not owned, affiliated nor controlled by the Platform. The Platform has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Platform will not and cannot censor or edit the content of any third-party site.

By using the Platform you expressly relieve it from all liability arising from your use of any third-party websites. Accordingly, we encourage you to be aware when you leave the Platform and to read the terms, conditions, and privacy policy of each other websites that you visit.

Purchasing Content

You may purchase access to the Content made available to you through the Platform by the registered Models.

Purchases can be made by credit cards, and when available, by debit cards, or by other means presented on the Platform, and are processed through our third-party Internet payment service providers.

By purchasing any Content through the Platform, you hereby consent and agree to abide by such third-party Internet payment service provider’s customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies.

IF YOU CANNOT AGREE to such third-party Internet payment service provider’s customer terms and conditions or privacy policies, DO NOT PURCHASE ANYTHING ON THIS PLATFORM.

Purchases are payable in advance, which means Subscriber gets access to the purchased content if and when this Purchase is approved and successfully processed by the third-party Internet payment service provider.

Any purchased Content will not be available to Subscriber in the event that a corresponding account is deleted by the owner (“Model” or “Subscriber”) or otherwise terminated in accordance with these Terms.

We reserve the right to change Content pricing policies at any time, at our sole discretion, and without liability to anybody.

No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

We reserve the right (but not the obligation) to refund the Purchase - in full or partially - if there is a technical error to the purchased Content; this is to be determined by us.

Cardholder Disputes/Chargebacks

All chargebacks are thoroughly investigated and may prevent future purchases with the use of the Payment Method in question, on this Platform or elsewhere, depending on the circumstances.

Disputes/chargebacks, in case the “Double-dipping fraud” or “friendly fraud” were suspected - may lead to fraud claims filed by the Platform with the appropriate financial investigative institutions.

These fraud claims may result in dedicated financial investigative institutions contacting the credit card issuer to protect the User and prevent future fraudulent charges to this Payment Method.

Account Registration and Security

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice.

We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

making all arrangements necessary for you to have access to the Platform;
ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy found at https://www.RiotModels.com/privacy, and you consent to all actions we take concerning your information consistent with our Privacy Policy.

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 strictly confidential and you must not disclose it to any other person or entity and 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 the Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any suspected or factual unauthorized access to, or use of, your user name or password or any other breach of security by contacting us at support [at] riotmodels [dot] 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 the Platform will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Platform or others due to such unauthorized use.

If you interact with us or with a third-party service provider, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to the use of that third-party service. In the event you use our Platform 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 another 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

You acknowledge that the Platform reserves the right to charge fees for its services and Platform access and to change its fees in its complete and sole discretion.

Limited, Conditional License

We and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Platform, such as trademarks, service marks, names or logos associated with third-party content providers and/or service 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 the Platform or vice versa.

The Platform and certain materials available on or through the Platform 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 the Platform.

We hereby grant you a conditional, royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Platform and Works solely for your personal use in connection with using the Platform.

We grant you a conditional and limited license to access, view and display the Platform and Works, and to create and display transient copies of the Platform and Works as necessary to view them, conditioned upon your agreement to display the Platform whole and intact as presented by the Platform 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 the Platform to block or interfere with the display of any advertising on the Platform, 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 the Platform. Interference with the display of any advertising on the Websites, use of ad-blocking software to block or disable any advertising while viewing the Platform, or use of information obtained from or through the Platform to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view the Platform 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 the Platform 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 the Platform whole and intact as presented by the Platform 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 the Platform 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.

If the Platform allows you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the "Download License"). Under this Download License, you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Platform and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.

Content Posted by Users

The Platform may contain message boards, chat rooms, personal web pages or profiles, playlists, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to other users or other persons' content, data, information, audio and video (whether live or pre-recorded) content, photographs/pictures, textual content, and other materials, including but not limited to, graphics, messages, comments, and memberships provided, sold, offered, posted or otherwise contributed by you ("User") to the Platform from time to time or content of any kind (collectively, "Content") on or through the Platform.

As the Platform’s account holder (“Subscriber” or “Model”) you may submit Content to the Platform, including videos and user comments. You understand that the Platform does not guarantee any confidentiality with respect to any Content you submit.

You shall be solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting, or otherwise making available your Content on the Platform. 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 are not responsible, or liable to any third-party, for the content or accuracy of any Content posted by you, as a “Model” or “Subscriber”, or by any other “User” of the Platform. We do not control the Content you submit or contribute and we do not make any guarantee whatsoever related to Content submitted or contributed by users.

Although we sometimes review Content submitted or contributed by users, we are not obligated to do so. 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 the Platform all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Platform pursuant to these Terms of Service.

You further agree that Content you submit to the Platform will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have explicit permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Platform all of the license rights granted herein.

You retain all of your ownership rights in your Content. However, by submitting Content to the Platform, you hereby grant the Platform a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, and transferable license to use, exploit, reproduce, distribute, prepare derivative works of, display, communicate, and perform the Content in connection with the Platform’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the Content. In no circumstances will we be liable to you for any exploitation of any Content that you post. You also hereby grant each user of the Platform a non-exclusive, royalty-free license to access your Content through the Platform and to use, reproduce, distribute, display, communicate and perform such Content as permitted through the functionality of the Platform and under these Terms of Service. The above licenses granted by you in video Content you submit to the Platform terminate within a commercially reasonable time after you remove or delete your videos from the Platform. You understand and agree, however, that the Platform may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

Users can revoke the consent granted in the statement above by sending a request to support [at] riotmodels [dot] com.

The Platform does not endorse any Content submitted to it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Platform expressly disclaims any and all liability in connection with Content.

The Platform does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and the Platform will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.

The Platform 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 the Platform contains 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 at our sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances).

In the process of the subscription (for “Subscribers”) and for the account approval and a payout request (for “Models”), you may be asked to provide some personally-identifying information. You may also be asked to provide such information in order to use certain features of the Platform.

We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally-identifying information to our advertisers or business partners without your permission. Please note that some of the information you provide in registering for and using the Platform, including the name used in registering for and using the Platform or other personally identifying information, may be displayed to other members of the Platform, and may become public unless specifically restricted by yourself via available tools of the Platform.

In addition, we may disclose the personally identifying information and documentation you provide in some limited circumstances, including but not limited to those involving federal and state law enforcement agencies and other similar entities.

Read more on the content prohibited on RiotModels.com here - https://riotmodels.com/prohibited_content

Onboarding for Models

If you want to become a Model, publish your Content through the Platform, and offer it for sale, you must first sign up as a Model (i.e. create your profile page), agree to the current Terms and Conditions and provide true and correct personal information, and any other information requested during the onboarding process.

Upon signing up with the Platform as a Model, you will be immediately granted access to all the tools and features of the Platform. However, before your account is verified and profile is approved by the Onboarding team, none of the uploaded Content will be visible to the Users, nor accessible for sale.

Before you are able to offer your Content for sale, you need to verify your identity and age. In order to do so, you need to submit one the following documents in color to us (please submit back and front): a Photo ID meaning a Government Issued ID containing your Date of Birth, expiration date, your Photo, and your full legal name. This could be, for example, your Driver's License, International Passport, Citizenship Card, State ID, National Passport, or your National ID Card.

THESE REQUIREMENTS APPLY TO EVERY PERSON WHO WILL APPEAR IN ANY MEDIA ON YOUR PROFILE.

Once your profile is fully approved, you may publish your content to www.RiotModels.com and offer it for sale.

We may, in our sole discretion, decline your application for joining our Platform for any reason.

If the information you provide during the sign-up process is not true, omitted, skewed, distorted, or otherwise misleading, you may face immediate termination of your account/profile and you may be subject to further legal actions.

Some changes to your personal information such as country of residence, name, banking details, and screen name can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed/updated you will have to contact our staff via support [at] riotmodels [dot] com to have this done.

You may be asked to provide a valid email address for verification purposes and quality assurance, and you agree that we may send you emails, both of a transactional nature and also for commercial and promotional purposes. As an unremovable part of this agreement, you promise do not to block such messages or report them as spam or otherwise disrupt and all inbound communication from us.

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 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 it 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 the Platform, and others partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.

Model Content

You have decided to join the Platform of content contributors as a Model and submit Content. 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. In connection with Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your Content to enable inclusion and use of Content in the manner contemplated by the Platform and these Terms of Service, and (ii) you have the written consent, release, and/or permission of each and every identifiable person in your Content to use the name or likeness of each individual for use in your Content in the manner contemplated by these Terms of Service.

We are not responsible for any Content that violates a community’s norms or mores. We expect and demand that you comply with all federal, state, provincial, and local laws when using the Platform and when submitting or posting Content to the Platform.

You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard, you acknowledge that you may not rely on any content created by us or Content transmitted to the Platform. You are solely responsible for all your Content that is uploaded, posted, emailed, transmitted, or otherwise made available via the Service.

If you are unsure whether or not your Content will violate a law, you are urged to contact an attorney prior to posting the Content. Upon contacting an attorney, please contact us for further assistance via support [at] riotmodels [dot] com. We cannot enforce every jurisdiction’s laws for all Content that is posted to the Platform. As such, we are not responsible for the Content of the Platform.

If we have a reason to suspect that your Content violates any third-party rights, including without limitation any copyright, trademark, or property right, we can require you to provide us with documented evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five (5) working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you for any accrued costs and damages related to such Content and the immediate suspension of any and all pending payments from us to you, as well as immediate and indefinite lockdown of all funds collected on your account to the date of suspension.

Upon signing up with RiotModels as a Model, you also agree to act as Custodian of Records for the content that you upload to this Platform.

Models’ Commission

Before you proceed with the payout request, you, as a Model, will be asked to fill and submit a Tax Identification form W-9, W-8BEN, or W-8BEN-E, whichever applies. None of the payouts will be processed without the completion of the aforementioned documents.

The payout can be issued exclusively to a person or organization that is the User who initially registered the account with the Service and who conducts the actual content publishing activities within the Platform.

While in some exceptional cases, the payout can be issued to the payee different than the original User, there is no guarantee we will do that.

If we deem the information in our possession is insufficient for payout purposes, we may request additional identification or proof of substance from the payee. Such documents may include Driver's License, State ID, National or International Passport, Citizenship, or National ID Card for individuals. And for the organization, the Articles of Incorporation, Certificate of Organization, or any other similar company formation documents may be requested.

Any Model will be entitled to receive the payout that is a combination of the Subscription Fees collected and fully processed prior to the moment when the payout request was submitted by the said Model.

Payment (payout) will follow within 14 business days from the time of the payout request submitted; provided, however, that payment will be made only when the minimum payout, based on net income, of $100.00 has been reached. Any amount below $100.00 will be carried over until the minimum payout has been reached and will be paid in the next payout settlement.

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.

We will deduct and withhold from any amounts payable to you under these Terms of Services such amounts as we are directed to deduct and withhold or are required to deduct and withhold with respect to such payment under the provision of any applicable laws (including Value Added Tax or VAT) and remit such deduction and withholding amount to the appropriate governmental entity.

In the event when you violate any part of these Terms of Services, or 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, at our sole discretion, withhold payments to you indefinitely.

If your account experiences an excessive payment decline rate, we reserve the right to recover compensation for any associated extra expenses. Typically, if the decline rate exceeds 12%, the associated transaction fees paid by RiotModels will be passed on to the platform integrator (profile owner).

If the disputes rate associated with your profile exceeds 0.25%, we reserve the right to suspend the billing processing and hold the remaining balance up to 4 months.

Integrations

Content creators or integrators who use the RiotModels API to enable paid functions on their own websites or platforms must adhere to the following rules:

Compliance Checks: Integration may require an initial and individual compliance check. We also reserve the right to conduct such checks subsequently.
Notification of Policy Changes: Any changes to a third-party platform's Privacy Policy, Terms of Service, Refund Policy, or community guidelines must be communicated to RiotModels at least five business days before publication via [email protected].
Integration Flow Changes: Any change affecting the initial integration flow must be submitted for a compliance check to RiotModels.
Responsibility of Platform Owners: The owners of such websites or platforms are entirely and solely responsible for technical maintenance, ongoing development, customer support, and other activities directly related to the integration. Any failures to provide paid services or instances of platform downtime must be reported immediately to RiotModels via [email protected].
Content Monitoring and Editing: Content published on these integrated websites or platforms must be monitored and edited in accordance with the rules applied to content on RiotModels.
Rolling Reserve: To minimize the risk of integration failures, service interruptions, or other potential issues, a 10% Rolling Reserve will be applied to your account. Funds reserved from transactions older than approximately three months will be released on an ongoing basis, provided your account remains in good standing (evaluating factors like service quality, availability, and low dispute rates). Regular audits will also be conducted to ensure that the reserved amount remains appropriate based on your processing activity.

Prohibited Uses

You agree that you will only use the Platform and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Platform and our services for any other purposes, including commercial purposes, without our express written consent.

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 the Platform or use and/or monitor any information in or related to the Platform for any unauthorized purpose.

Specifically, you agree not to use the Platform to:

violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;
act in a manner that negatively affects other users’ ability to use the Platform, 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 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
post any Content for which you, as a Model and therefore a Custodian of Records, have not maintained written documentation sufficient to confirm that all subjects of your posts are, in fact, over 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
post any Content depicting child pornography, rape, snuff, torture, death, violence, gore, or incest, or racial slurs, either aurally or via the written word or action;
post any Content that contains falsehoods or misrepresentations that could damage the Platform, its Users, or any third party;
post any Content that is obscene, illegal, unlawful, 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 state or otherwise misrepresent your affiliation with a person;
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 the Platform;
remove, delete, alter, circumvent, avoid or bypass any digital rights management technology, encryption or security tools used anywhere on the Platform or in connection with our services;
collect or store personal data about anyone;
alter or modify without permission any part of the Platform 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 the Platform;
exploit errors in design, code, or features which are not documented and/or bugs to gain access that would otherwise not be available.

Read more on the prohibited content here - https://riotmodels.com/prohibited_content

Additionally, you agree not to:

use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform;
use any robot, spider or another automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform without our prior written consent;
use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
use any information obtained from or through the Platform to block or interfere with the display of any advertising on the Platform, 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 the Platform;
use any device, bots, scripts, software or routine that interferes with the proper working of the Platform or that shortcut or alter Platform functions to run or appear in ways that are not intended by Platform design;
introduce or upload any "viruses", “Trojan horses”, "worms", "logic bombs", "time bombs", cancelbots, corrupted files or any other similar software, program or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Platform or our services;
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
remove any copyright or other proprietary notices from our Platform or any of the materials contained therein;
attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
otherwise attempt to interfere with the proper working of the Platform.

Monitoring and Enforcement

We have the right to:

remove or refuse to post any Content you submit or contribute to the Platform for any or no reason in our sole discretion;
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 another right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for us;
disclose your personally-identifying information or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform;
terminate or suspend your access to all or part of the Platform 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 the Platform.

YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Platform may, but will not have any obligation to, review, monitor, display, reject, refuse to post/publish, store, maintain, accept or remove any Content posted (including, without limitation, private messages and public comments) 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 the Platform in an appropriate manner.

Without limitation, we may do so to address Content that comes to our attention and we believe it 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.

However, we do not undertake to review Content before it is posted on the Platform, and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, 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 nonperformance of the activities described in this section.

Account Termination

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 the Platform or stop providing all or part of the Platform to you.

While pornographic and adult-oriented Content is accepted, the Platform 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. The Platform 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.

Copyrights and Other Intellectual Property

The Platform respects the intellectual property of others and requires that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret, privacy, publicity or other proprietary rights of any person or entity.

As part of our Copyright Policy, the Platform will terminate User's access to the Platform if, under appropriate circumstances, this User has been determined to be a repeat infringer.

We do not review, audit, revision, or curate content published on the Platform to determine if it is a fair use case (ref. to Limitations on exclusive rights), but we will normally remove the reported content if we receive a valid Digital Millennium Copyright Act (“DMCA”) takedown notice.

DMCA Takedown Policy

The Platform is not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the User in question. If the trademark owner is unable to reach a resolution with the User, it may send us a notice at support [at] riotmodels [dot] com. The Platform is willing to perform a limited investigation of reasonable complaints and will remove the content in question in clear cases of infringement. We are giving the involved content creator ("Model") 72 hours to handle a DMCA notice on their own before the Service will get directly involved.

If you believe that a content creator on our Service is infringing on your copyright, please send a DMCA takedown notice to support [at] riotmodels [dot] com to have the content removed. This notice must comply with the requirements of section 512(c)(3)(A) of the DMCA. Such notice will be immediately passed on to the content creator ("Model" or "User") responsible for the creating/publishing of the artwork in question.

While contacting us for the resolution, provide all the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located within our Platform, that must include specific URL(s) associated with the material in question;
your current mailing address, working telephone number, and email address you have access to;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to support [at] riotmodels [dot] com.

Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law.

Reliance on Information Posted

The information presented on or through the Platform 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 the Platform, or by anyone who may be informed of any of its contents.

This Platform 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 party.

Changes to the Platform

We may update the content on the Platform from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your activity

All information we collect on the Websites is subject to our Privacy Policy https://www.RiotModels.com/privacy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Inbound links

You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Platform may provide certain social media features that enable you to:

link from your own or certain third-party websites to certain content on the Platform;
send e-mails or other communications with certain content, or links to certain content, on the Platform;
cause limited portions of content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
otherwise, take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Service.

The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Outbound links

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content or advertising does not imply approval or endorsement thereof by us.

If you decide to access any of the third-party websites linked from this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Further, you agree to release us from any and all liability arising from your use of any third-party websites, content, service, or software accessed through the Platform.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Platform, are solely between you and such third parties. You agree that the Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Platform.

Permitted Disclosures of Personal Information

The Platform 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 the Platform, or register with us in order to use certain features of the Platform.

The Platform will not disclose any personally identifiable information it collects or obtains, except: (i) as described in these Terms of Use or our Privacy Policy; (ii) after obtaining your permission to a specific use or disclosure; (iii) if the Platform are 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); (iv) as required to protect the Platform's property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Platform, or the assets of the Platform's operator in connection with which such information has been collected or used; or (vi) as otherwise required by law.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Platform, their site operator, their parent corporation, their respective 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 the Platform; (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 defense and indemnification obligation will survive these Terms of Service and your use of the Platform. You agree that we shall have the sole right and obligation to control the legal defense 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.

Disclaimers

YOU USE THE PLATFORM AT YOUR SOLE RISK. WE PROVIDE THE PLATFORM "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, ITS OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE PLATFORM, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PLATFORM.

WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS PLATFORM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS PLATFORM OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (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 PLATFORM OR OUR SERVICES, (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 PLATFORM OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 PLATFORM OR OUR SERVICES. THE PLATFORM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE PLATFORM 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 PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

To the fullest extent allowed by law, the Platform, their site operator, their parent corporation and their respective officers, directors, employees, and agents SHALL NOT BE RESPONSIBLE OR LIABLE to you for any loss or damage of any sort incurred as the result of the following:

delaying, rejecting or removing any or all Content at any time for any or no reason whatsoever with or without notice to you;
modifying or discontinuing temporarily or permanently, the Platform (or any part thereof) with or without notice to you for any or no reason whatsoever;
immediately terminating your access to the Platform for any or no reason whatsoever and with or without notice to you;
the accuracy, usefulness or availability of any information posted to or through the Platform;
any user Content that does not get recorded, or is deleted, or for any similar unsatisfactory results or user Content;
any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Platform;
personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Platform;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any interruption or cessation of transmission to or from our Platform;
any bugs, viruses, “Trojan horses”, or the like, which may be transmitted to or through our Platform by any third party, and/or
any loss or damage of any sort incurred by you as a result of interactions you have with third-party advertisements or service providers, or third-party websites, found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings.

In no event shall we be liable to you for any incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential damages whatsoever (including damages for loss of profit, loss of goodwill, interruption, loss of business information or any other financial loss) in association with any individual or class-action claim, or any loss, damage, action, suit or other proceeding relating to or arising under or out of the Terms of Service, even if we have been notified of the possibility of such damages, whether the action is founded upon contract, infringement of intellectual property rights, tort, negligence or other grounds.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE PLATFORM SHALL NOT BE LIABLE FOR CONTENT 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.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Governing Law

These Terms, your use of the Platform, and the relationship between you and us shall be governed by the laws of the United States of America, without regard to conflict of law rules. You agree that the Platform shall be deemed a passive entity that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the United States of America.

The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in Los Angeles, USA. You hereby submit to the jurisdiction and venue of said country. You consent to service of process in any legal proceeding.

Any claim by you that may arise in connection with these Terms will be compensable by monetary damages 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 PLATFORM MUST BE COMMENCED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Your Comments and Concerns

This Platform is operated by CandyStar, LLC ("Company"), 30 N Gould St, Ste 5188, Sheridan, WY 82801.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support [at] riotmodels [dot] com.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use 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 of the Company 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 held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

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.

Fees

You acknowledge that the Platform reserves the right to charge for its services and to change its fees from time to time at its discretion. Furthermore, in the event the Platform terminates your rights to use the Platform because of a breach of these Terms of Services, you shall not be entitled to the refund of any unused portion of subscription fees.

Submissions

If at our request, you send certain specific submissions (e.g. contest entries, proof of body of work, artwork or photos to be featured on the homepage, etc) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

18 U.S.C. § 2257 Statement

Any actual human beings depicted in visual materials appearing on this website were over the age of 18 at the time those images were recorded.

Exemption: Content Produced by Third Parties

The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit conduct that may appear on this website. More specifically, the operators of this website limit their handling of such content and only performs the activities of transmission, storage, retrieval, hosting, and/or formatting of material that may depict sexually explicit conduct, all of which material appears on the website as the result of actions taken by third-party users of the website. All portions of the website that contain such user-generated material are under the control of the relevant user, for whom this website is provided as an online service by its operators. Pursuant to 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to delete materials appearing on the site as the result of actions taken by the website’s users, which materials are deemed, in the operator’s sole discretion, to be indecent, obscene, defamatory, or inconsistent with the policies and terms of service for this website.

Exemption: Content Produced by Website Operators

To the extent that any images appear on the website, for which the operators of this website may be considered the “producer,” those images are exempt from the requirements of 18 U.S.C. § 2257 and 28 C.F.R. § 75 for one or more of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C. §§ 2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27, 2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date of 18 U.S.C. § 2257A; and/or (iv) the produced images were created prior to July 3, 1995.

Miscellaneous

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceedings that may arise between the parties.

Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, the Platform’s representatives, managers, partners, joint venturers, employees, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.

The headings in these Terms of Service are for convenience only and have no legal or contractual effect.

We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Platform, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder.

Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. In such an event, 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. Also, we will not be responsible for deleting your Content.

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.