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Terms of Service for Content Providers

Webmedia365 Limited (hereafter referred to as WM365) owns and operates the Hardcorevids.tv web platform where independent content Content Providers can upload, publish, broadcast, license, share, and sell their original videos and tangible goods to surfers. The Platform provides explicit adult entertainment and is only open to consenting adults.

IMPORTANT NOTE: You must be at least 18 years of age to agree to the following Terms of Service. Use of Hardcorevids.tv is void where prohibited by law.

We DO NOT tolerate any videos involving or representing minors, including virtual depiction of minors. We take measures to ensure that no underage individuals appear on Hardcorevids.tv and we will report ALL illegal activities to the police.

These Terms of Services (hereinafter referred to as “TOS”) form a binding contract between WM365 and you. If you do not agree to the TOS, you may not use Hardcorevids.tv and you should not create an account or use Hardcorevids.tv. By using Hardcorevids.tv you are confirming you agree to be bound by the TOS and all amendments that may be made from time to time. WM365 reserves the right to revise or amend the TOS at any time. Content Providers agree to be bound by any new terms and conditions and that furthermore any changes are effective upon posting. Also you agree to periodically review the TOS and to remain knowledgeable about it and the terms within. We will not be liable for your negligence in keeping up to date with the TOS.

IMPORTANT NOTE TO ALL CONTENT PROVIDERS about the TOS. If you do not agree with any of the terms here, or any of the revisions we have made then DO NOT use Hardcorevids.tv.

1. DEFINITIONS

In these TOS the following words will have the following meaning;

1.1 WM365 as well as all first-person pronouns (such as “we”, “us”, “our”, “ours”), shall refer to Webmedia365 Limited and its legal representatives, assigns and those acting under its permission and on its authority. WM365 operates and manages Hardcorevis.tv and acts as an intermediary between CONTENT PROVIDERS and USERS and permits CONTENT PROVIDERS and Members to interact on Hardcorevids.tv.

1.2 Content Provider as well as all second-person pronouns (such as “you”, “your”, “yours”), shall refer to the independent content creators, sex workers, models, performers, and any other producer of content or studio who is registered on Hardcorevids.tv and uploads their content to be viewed by USERS for their private use.

1.3 USERS shall mean the individuals using Hardcorevids.tv for their personal use, at the exclusion of CONTENT PROVIDERS.

1.4 CONTENT shall mean photos, videos and other materials posted by CONTENT PROVIDERS and offered for sale to USERS.

2. TERMS

2.1 The TOS state your rights and responsibilities while using Hardcorevids.tv and are a binding contract between you and WM365 (and not between you and any of the Users or us and any of the Users). We encourage you to read them carefully and periodically.

2.2 Hardcorevids.tv gives the Content Provider the ability to upload and sell content to USERS for private use only. You understand and agree that, as a service provider, WM365 is only acting as an intermediary and shall not be held responsible for the activities engaged by you through Hardcorevids.tv. WM365 does not endorse any Content or submission and expressly disclaims any and all liability in connection with Content or submissions. You should use the Platform only in accordance with your local laws and community standards; the Platform may not be accessed or used where prohibited by law.

2.3 Whilst WM365 will take all steps possible to ensure the security and privacy of information you provide it is understood we cannot guarantee that. We strongly condemn any form of interaction between USERS and CONTENT PROVIDERS outside of Hardcorevids.tv. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of Hardcorevids.tv for the purpose of engaging in unlawful or illegal activities is prohibited. You agree to take all necessary precautions when interacting online with USERS and other CONTENT PROVIDERS. You also understand that we do not carry out any prior verification or any kind of criminal record check on our USERS or CONTENT PROVIDERS and thus we make no statement or warranty regarding our Users’ or CONTENT PROVIDERS’ behaviour. It is up to you to take all necessary precautions when interacting with USERS or other CONTENT PROVIDERS on the Hardcorevids.tv

2.4 You agree to only UPLOAD Content that is an original piece of work and that you own or have been authorised to UPLOAD and sell. Any content you UPLOAD must have a Model Release and photo IDS for all performers. We reserve to right to remove any CONTENT at any time, without prior notice to you.

2.5 An Content Provider is an independent contractor and in no way should be considered an employee, agent, or partner of WM365. Content Provider understands that WM365 has no direct or indirect control over the monitoring, approval or review of the Content Uploaded. To be clear WM365 is not a publisher but merely a web platform that allows CONTENT PROVIDERS to sell and USERS to buy content. CONTENT PROVIDERS are entirely responsible for ensuring their UPLOAD is legal and they have the correct permissions to sell the content.

3. YOUR ACCOUNT

3.1 In order to use Hardcorevids.tv as an Content Provider and to UPLOAD and sell your Content, you must first register by creating an Content Provider account. You will have to choose a username, which must be unique to you, not offensive to others, and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Then, you will be asked to complete your registration and add your UK bank account for payment details. NOTE: At the moment we can only pay via the main UK banks so you must have a UK bank account to use Hardcorevids.tv.

NOTE WM365 reserves the right to decline any account registration, for any reason, at its sole and entire discretion.

3.2. You agree and represent that you will not share your account or login information, let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event that you become aware of, or reasonably suspect, any security breach, including, without limitation, any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify Hardcorevids.tv and change your login information. You are solely responsible for maintaining the confidentiality of your login information and you will be responsible for all uses of your login information, including Uploads, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. WMV365 is not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify WMV365 against any such claims made against it by third parties.

3.3 You are solely responsible for all Content Uploaded via your account. You will not Upload Content that could be deemed illegal, involves or shows minors, is not allowed, including any Content in violation of our Rules. Additionally you agree not to Upload Content that violates any third party's intellectual property right or that violates another individual's privacy. This includes, but is not limited to, copyrighted background music and/or video content appearing in Uploaded Content – any and all music or videos used in Content must either be royalty-free or Content Provider must ensure that proper applicable royalties have been paid. You must have obtained the express consent of anyone pictured or depicted in the Content you Upload and you hereby expressly represent and warrant that you have obtained such consent. You understand and agree that your profile and your Uploaded Content may be visible or searchable by other CONTENT PROVIDERS or USERS. Further, you understand and agree that your profile and your Uploaded Content may be searchable by third-party publicly available search engines. If you wish to have some or all of your profile and/or Content removed from the publicly available search engines, it is your sole responsibility to do so and to file such removal requests with the concerned search engine(s) operator(s).

3.4 CONTENT PROVIDERS retain control and ownership rights of their content and USERS are granted nothing more than the right to buy and view the Content. Unlike other sales platform Hardcorevids.tv will not make use of your content for promotional purposes. It’s your content and you own it.

3.5 Hardcorevids.tv may provide features to link your account and or to post to social media websites. If you select this option you agree to bear all risks that could result from this. By linking your account and posting to social media sites you understand that we have no control over that site and it is your responsibility to comply with the rules and TOS of those sites.

3.6 CONTENT PROVIDERS can close and /or delete their account at any time and all content will be removed at that time, except in the case of content already purchased. Although your Content will no longer appear for sale it will remain in the account of any USER that has purchased it.

3.7 CONTENT PROVIDERS agree not to a) use Hardcorevids.tv inappropriately; b) use Hardcorevids.tv to engage in any form of harassment, prostitution, sex trafficking, other illegal or offensive behaviour, or to post or share any defamatory, offensive, libellous, or slanderous statements; c) attempt to gain any unauthorized access to Hardcorevids.tv; d) engage in any act that we feel is inappropriate or in conflict with the spirit of our site; e) sell or promote the sale of prohibited items.

3.8 WM365 is committed to preventing child pornography and to complying with any applicable law relating to the mandatory reporting of pornography involving minors. We request and encourage you to report any unlawful activities involving minors directly to us and to the authorities. Your report must include any appropriate evidence, including the identified Content, as well as the time and date of identification. All reports will be taken seriously and immediately investigated.

3.9 WM365 is committed to protecting the intellectual property rights of copyright holders and thus we will immediately respond to notices of alleged copyright infringement made in accordance with DMCA rules. Please use our contact form to report copyright infringement. CONTENT PROVIDERS agree and understand that any or all of their content can be temporarily removed without prior notice while we investigate any allegations of copyright infringement.

4. MONEY

4.1 CONTENT PROVIDERS decide what price they want to charge for their Content, although this has to be a whole number (5, 10, etc) as we use tokens for payment. One token is the equivalent to £1. You can change price at any time.

4.2 We do not charge you to join Hardcorevids.tv rather we make our money by charging you commission on the net proceeds of your sales. Our commission is currently 25%.

4.3 We pay out weekly via Faster Payments. You must have a minimum of £50 in your account to receive a payment. If the balance does not exceed the minimum amount required, the balance will carry forward to the following period. We also have an option for immediate payment (if you have the minimum amount in your account).

4.4 It is your responsibility to ensure that all of your payment information is complete and accurate to prevent delays in payment processing. You are responsible for keeping all of your information up to date. Furthermore you are responsible for your own taxes and N.I. payments. Content Provider hereby undertakes to hold harmless and to indemnify WM365 from any claims made against them by third parties, including tax authorities, in regard of any sale taxes, or any withholding thereof, with respect to Content Provider’s Content purchased by or licensed to Users.

5. OUR RESPONSIBILITIES AND DISCLAIMERS

5.1 As we are not a publisher but rather an intermediary, we have no obligation to inspect, regulate or approve content on Hardcorevids.tv. We reserve the right to refuse and/or remove any Content, with or without notice, if deemed to be contrary to these TOS.

5.2 You understand Hardcorevids.tv is an evolving website which may be updated, improved and expanded at any time. These changes mean you could be denied access to areas / parts that were available before. Our only obligation is to allow you access to Hardcorevids.tv as it exists on any given day. Being a website it is understood the site may not be available on certain days due to events beyond our control. We do of course strive to maintain 100% up time. To be clear Hardcorevids.tv is provided on an “as is” and “as available” basis without warranties of any kind, express or implied.

5.3 WM365 and its Directors, Officers, Employees and Agents shall not be liable to you for any indirect, incidental, punitive or any other similar damages including but not limited to, loss of revenue, lost profits, lost data or other intangible losses arising out of or relating to Hardcorevids.tv or these TOS. Content Provider also notes that in the event this section of the TOS is invalidated our entire liability for any claim for damages will be limited to one hundred British pounds (£100) and no more.

6. CONTENT PROVIDERS’ REPRESENTATIONS AND WARRANTIES

Content Provider represents and warrants:

6.1 That Content Provider is of sound mind and body, acting of Content Provider’s free will, and fully understands the terms and conditions of these TOS and their legal implications;

6.2 That Content Provider is at least 18 years old and of age/legal consent in the jurisdiction in which they reside at the time they first access Hardcorevids.tv;

6.3 That Content Provider owns all rights, title, and interest in the Content sufficient to lawfully and fully Upload, license or sell the Content through Hardcorevids.tv. Such Content shall not infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.

6.4 Content Provider is solely responsible for Content Provider’s submission of Content;

6.5 That all Content is made of lawful material, that the persons depicted in each and all Content are adults (over the age of 18 years and the age of majority in the Content Provider’s jurisdiction) at the time such persons first participated in the creation of the subject piece of Content in which they are depicted, and that such persons validly and legally consented to appear in the Content.

6.6 That Content Provider has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where Content Provider resides (and when relevant, where any other Content Provider or User resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, associated record-keeping requirements, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes or to carry out or to encourage unlawful activities or activities that would infringe these TOS;

6.7 That Content Provider is solely responsible to obtain and maintain all applicable consents, licenses, and permits required to Upload, license, and sell Content on Hardcorevids.tv.

6.8 That the following acts, actual and/or simulated, are prohibited under these TOS, are forbidden in connection with the Upload of Content by Content Provider, and shall not be present in any of the Content Uploaded by Content Provider at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age (or under 21 years of age in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these TOS, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; or (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto;

6.9 That all Content is fully compliant with all requirements set forth in the 2257 Regulations (or to any similar applicable legislation) including, but not limited to, that Content Provider possesses and maintains age verification documentation in a form acceptable to Hardcorevids.tv and that Content Provider has implemented and maintains a “Custodian of Records” as defined in the 2257 Regulations;

6.10 That Content Provider, for as long as such Content Provider has an open account with Hardcorevids.tv and for a three (3) month period after closing such account, shall not divert, or attempt to divert, any business of, or any other CONTENT PROVIDERS or Users of Hardcorevids.tv, to any competitor website, by direct or indirect inducement or otherwise;

6.11 That Content Provider shall not directly, indirectly or otherwise promote or mention, on the Platform or in Content Provider’s Content, any brand that is not owned or controlled by such Content Provider, excluding such Content Provider’s personal brand(s). For clarity, Content Provider may promote or mention owned or controlled branding through watermarks;

6.12 That Content Provider, or any of Content Provider's associates, employees, employers, agents, and affiliates, shall NOT, under any circumstances, solicit from any User any personal or private information including, but not limited to, Users’ real names, addresses, email addresses, social media accounts, accounts, billing or payment information, or usernames or passwords, use a User in any way for unfair personal gain or benefit, or agree to any in-person encounters;

6.13 That Content Provider is solely responsible for complying with all applicable laws and regulations in the jurisdiction where they reside, as well as all laws and regulations applicable to Hardcorevids.tv.

7. TERM AND TERMINATION

7.1 TOS will be in effect from when Content Provider registers and starts to use Hardcorevids.tv and will remain in effect as long as you continue to use the site. You can close your account at any time you wish.

7.2 We reserve the right o terminate your account at any time for any reason. If we terminate your account for breach of rules you understand that any amount due to you will be forfeited.

8. TRADEMARKS, LOGOS, ETC.

The trademarks and logos contained Hardcorevids.tv and any Marks associated with any products available on the Platform are the sole property of WM365 and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without prior written authorization from WM365

9. JURISDICTION

These TOS shall be governed by the laws of the United Kingdom (UK). Content Provider and WM365 irrevocably agree that UK Courts shall have exclusive jurisdiction to settle any disputes or claims.

10. NOTICES

Content Provider may serve notice by sending an email to info@hardcorevids.tv and WM365 may serve notice by sending an email to the address on the Content Provider’s account.

These TOS set forth the entire agreement between the Content Provider and WM365 and supersedes all other written or oral agreements. If any provision of these TOS is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these TOS.

 




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