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TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for all Users govern your use of Kinky18 and your agreement with us.
Interpretation: In the Terms of Service:

we refer to our website as "Kinky18", including when accessed via the URL www.Kinky18.com or via any web browser;
references to "we", "our", "us" are references to Fenix International Limited, the operator of Kinky18;
"Content" means any material uploaded to Kinky18 by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Kinky18 account as a Creator account to post Content on Kinky18 to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan Payment" means any and all payments made by a Fan to a Creator, including payments for access to a Creator's Content, for interaction with the Creator, to procure new Content from the Creator, to subscribe to the Creator's account, to use the fan interaction function on the Creator's account, and any tips paid by a Fan to the Creator;
"Referring User" means a User who participates in the Kinky18 Referral Program;
"Standard Contract between Fan and Creator" means the terms which govern each transaction between a Fan and a Creator on Kinky18 , which can be found here;
"Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, 
"User" means any user of Kinky18 , whether a Creator or a Fan or both (also referred to as "you" or "your").


How to contact us: To contact us with any questions about Kinky18, please email our support team at support@kinky18.com.


How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:

to reflect changes in laws and regulatory requirements which apply to Kinky18 and the services, features and programs of Kinky18 where such changes require Kinky18 to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
to address an unforeseen and imminent danger related to defending Kinky18 , Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Kinky18 , and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Kinky18.

We may make changes to or suspend or withdraw Kinky18: We may update and change Kinky18 from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Kinky18, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Kinky18 for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.


Registering with Kinky18 : To use Kinky18 you must first register and create a User account on Kinky18 . You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Kinky18 site for the composition of passwords. To register as a User:

you must be at least 18 years old, and you will be required to confirm this;
if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
you must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you must not access or use Kinky18 .

Your commitments to us: When you register with and use Kinky18, you make the following commitments to us:

If you previously had an account with Kinky18, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your Kinky18 account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@kinky18.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Kinky18.
Rights we have, including to suspend or terminate your account:

We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
It is our policy to suspend access to any Content you post on Kinky18 which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@kinky18.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Kinky18 account, but we are not obligated to give you prior notice of such removal.
We reserve the right in our sole discretion to terminate your agreement with us and your access to Kinky18 for any reason by giving you 30 days’ notice by email or electronic message to your Kinky18 account. We can also suspend access to your User account or terminate your agreement with us and your access to Kinky18 immediately and without prior notice:
if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Kinky18.
If we suspend access to your User account or terminate your agreement with us and your access to Kinky18 we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.
Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Kinky18 for you to be able to access your Content following termination of your account.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of Kinky18 and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of Kinky18 to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
We can change the third-party payment providers that we use and if we do so, we will notify you and store applicable details on your Kinky18 account.
Other than Content (which is owned by or licensed to Creators), all rights in and to Kinky18 and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of any and all anonymised data relating to your use of Kinky18 and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Kinky18 to you, but there are certain things which we are not responsible for, as follows:

We do not authorize or approve Content on Kinky18, and views expressed by Creators or Fans on Kinky18 do not necessarily represent our views.
We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Kinky18, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Kinky18.
All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Kinky18. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
You agree that you have no obligation to follow any suggestions, comments, reviews or instructions received from another User of Kinky18 and that if you choose to do so, you do so entirely at your own risk.
We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Kinky18 (including the Kinky18 Referral Program).
The materials which we make accessible on Kinky18 for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
We do not promise that Kinky18 is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Kinky18 . You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Kinky18.
While we try to make sure that Kinky18 is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on Kinky18 , we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time by sending a email to delete@kinky18.com, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:

You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Kinky18 is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Kinky18. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Kinky18, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Kinky18, as well as to use your Content for other normal operations of Kinky18. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Kinky18. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
Twitter: Users have the facility to connect an active Twitter account to their Kinky18 account and to share certain Content in the form of Kinky18 posts to Twitter using the share feature. If you use this feature, you must fully comply with Twitter's terms of service from time to time in respect of any Content shared in this way.


Linking to and from Kinky18:

Links to Kinky18: You may link to the Kinky18 homepage, 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.
If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Kinky18 or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Kinky18 account by using Google Ads or any similar advertising platform or search engine advertising service.
Links from Kinky18: If Kinky18 contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents 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. If you decide to access any of the third-party websites linked to Kinky18 , you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Who is responsible for any loss or damage suffered by you?

Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User: If you are a consumer User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Kinky18.
If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
If you are a business User: If you are a business User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents:
exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Kinky18 or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law; are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen; won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with: your inability to use Kinky18 or any of its services, features or programs; or your use of or reliance on any content (including Content) stored on Kinky18; won't be liable to you for any: loss of profits; loss of sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including any Content; or indirect or consequential loss or damage; won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Kinky18 or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it; won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as “doxing”); won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of: 100% of the total fees paid by you to us in connection with your use of Kinky18; and USD 5,000.


General: You agree that:

If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
We reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of Kinky18, save as expressly set out in the Terms of Service.
Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in the section entitled Who is responsible for any loss or damage suffered by you? may be enforced by our subsidiary companies, employees, owners, representatives and agents.
You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
The Terms of Service form the entire agreement between us and you regarding your access to and use of Kinky18, and supersede any and all prior oral or written understandings or agreements between us and you.


TERMS OF USE FOR FANS

BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Fans are additional terms which apply if you use Kinky18 as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

"Subscription" means a Fan's monthly subscription to a Creator’s account;
"VAT" means The Netherlands value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the NL or any other jurisdiction.
Other terms which will apply to your use of Kinky18 : The following terms will also apply to your use of Kinky18 and you agree to them:

Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can't do on Kinky18;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Kinky18, and how we will deal with that complaint; and
The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
Other terms which may apply to your use of Kinky18: The following additional terms may apply to your use of Kinky18:

If you are also a Creator, the Terms of Use for Creators will apply to your use of Kinky18 as a Creator;
If you are a Creator who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
you are at least 18 years old;
if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and you are not be barred from accessing Kinky18 under any laws which apply to you.

Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Kinky18:

You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Kinky18:

the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Kinky18.
You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Kinky18 . We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that the Content on Kinky18 contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.


TERMS OF USE FOR CREATORS

BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: These Terms of Use for Creators are additional terms which apply if you use Kinky18 as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:

"Person with Majority Control" means any individual who meets one or both of the following conditions in relation to a corporate entity:

the individual holds, directly or indirectly, more than 50% of the shares in the corporate entity;
the individual holds, directly or indirectly, more than 50% of the voting rights in the corporate entity;
"VAT" means The Netherlands value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the NL or any other jurisdiction.
Other terms which will apply to your use of Kinky18: The following terms will also apply to your use of Kinky18 and you agree to them:

Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can’t do on Kinky18;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Kinky18, and how we will deal with that complaint; and
The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but sets out the agreement between you and your Fans for each transaction between you and them. Other terms which may apply to your use of Kinky18: The following additional terms may apply to your use of Kinky18 :

If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
If you are also a Fan, the Terms of Use for Fans will also apply to your use of Kinky18 as a Fan; and

What are the fees that we charge Creators for the use of Kinky18 ? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee). The remaining eighty per cent (80%) of the Fan Payment (exclusive PayOut processors and any VAT element of the Fan Payment) is payable to you (called "Creator Earnings"). Our Fee includes our costs of providing, maintaining and operating Kinky18 and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.


How to set up your account as a Creator account: To set up your account as a Creator account:

You will need on your User account page to upload a valid form of ID and A photo of you holding the ID card and a sign saying: « Kinky18 », your username and the date of the day.
Agencies cannot be Creators: Every Creator is the owner of their own account and must have access to their account at all times. If you have an agent or agency which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not your agent or agency, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Creators who use corporate entities: If you set up a corporate entity to receive your Creator Earnings, you must provide evidence to us on request that you are the Person with Majority Control of that corporate entity. We will only pay your Creator Earnings into a bank account not held in your name where the bank account is held in the name of the corporate entity and you are the Person with Majority Control of that corporate entity. You agree that if you use a corporate entity to receive Creator Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.

Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:

All transactions and interactions facilitated by Kinky18 are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the Kinky18 platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
When a Fan has made the required payment for access to your Content, for the provision of customised Content or for use of the fan interaction function on your account, you must allow the Fan to view the Content paid for and/or provide the customised Content and/or allow the Fan to use the fan interaction function paid for (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Kinky18:

Your Content is not confidential, and you authorize your Fans to access and view your Content on Kinky18 for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Kinky18:

the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you hold all rights necessary to license and deal in your Content on Kinky18, including in each territory where you have Fans and in the Netherlands;
you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Kinky18; and
the Content is:

of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
as described by you.

You agree that you will be liable to us and indemnify us if any of the warranties at section 10(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Kinky18. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to Kinky18.
Co-authored Content:

If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:

is a Creator on Kinky18;
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on Kinky18.
In addition to the confirmations in section 11(a) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content can be identified from the Content, you will tag the Kinky18 account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
You must not upload any Content containing any image, photo, video or audio of anyone else other than or addition to you unless such person is also a Creator on Kinky18.
If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Kinky18.
You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

Circumstances in which we may withhold Creator Earnings:

We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
if we suspect that all or any part of the Creator Earnings result from unlawful activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,
for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful activity, we may notify you that you have forfeited your Creator Earnings.

We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.

If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful activity, then we may pay to you the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
If once we have finished our investigation we determine that Creator Earnings are forfeited, we will use our best efforts to return any Fan Payments which resulted in forfeited Creator Earnings to the relevant Fans who paid such Fan Payments.

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY

This Policy applies to your use of Kinky18 and all Content on Kinky18 and forms part of your agreement with us. This Policy sets out what is and is not permitted on Kinky18 .
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.

Do not use Kinky18 except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Kinky18 to or with anyone else.
Only use Kinky18 in a manner and for a purpose that is lawful.
Do not upload, post, display, or publish Content on Kinky18 that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
Do not use Kinky18 in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
Do not upload, post, display, or publish Content on Kinky18 that:
shows, includes or refers to:

any individual under 18 years old (or which refers to individuals under 18 years old generally); or
any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
shows, promotes, advertises or refers to:

firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
drugs or drug paraphernalia;
self-harm or suicide;
incest;
bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
necrophilia;
urine, scatological, or excrement-related material;
"revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Kinky18 );
escort services, sex trafficking, or prostitution;
contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Kinky18 including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
either:

in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
involves or promotes third party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
Do not use Kinky18 to stalk, bully, abuse, harass, threaten or intimidate anyone else.
Do not use Kinky18 to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Kinky18 .
Do not use Kinky18 in a way that could adversely affect our systems or security or interfere with any other User’s use of Kinky18 , including their ability to engage in real time activities through Kinky18 .
Do not use any automated program, tool or process (such as web crawlers, robots, bots spiders, and automated scripts) to access Kinky18 or any server, network or system associated with Kinky18 , or to extract, scrape, collect, harvest or gather Content or information from Kinky18 .
Do not use Kinky18 ' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.

You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms of Use for all Users.