Terms and Conditions for Users and Members
(last updated April 2021)
MVVERSE Inc. (hereafter “MV”, as defined below) operates and manages the ManyVids.com web Platform (as defined below), where independent content uploaders can upload, publish, broadcast, license, share, sell their original videos and tangible goods, and offer services, such as live streams or live chats, to users. The Platform provides explicit adult entertainment and is only open to consenting adults.
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION TO AGREE TO THESE TERMS AND CONDITIONS. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW.
WE DO NOT TOLERATE ANY MATERIAL INVOLVING OR REPRESENTING MINORS, INCLUDING ANY VIRTUAL DEPICTION, AND HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY. WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE INDIVIDUALS APPEAR ON THE PLATFORM AND WE WILL REPORT ANY UNLAWFUL ACTIVITIES.
These terms and conditions (hereinafter referred to as “T&C”), including our Privacy Policy and all of MV’s rules, such as “Upload Rules”, “Content Rules”, “Forbidden Words”, “Billing”, and “Record Keeping Requirements”, “Trust & Safety”, found here (the “Platform Rules”) form the binding contract between MV and YOU (hereafter “you”, “USER”, or as the case may be, “MEMBER”; for more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS). If you do not agree to all of these Platform Rules, which shall form an integral part of the T&C as if they were recited at length herein, you may not use the Platform and should not proceed to create an account or otherwise use the Platform. By using the Platform (in the case of a USER) or clicking “Accept” (in the case of a MEMBER), you are demonstrating your willingness and confirming your agreement to be bound by all of these T&C. MV will not be liable for your neglect of your legal rights.
IF YOU DO NOT AGREE WITH THESE T&C, OR IF YOU DO NOT AGREE WITH ANY REVISED T&C, DO NOT USE THE PLATFORM.
1. DEFINITIONS
Where used in these T&C, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:
1.1 "Content" shall mean, depending on the context in which it is used, original Uploader-generated content OR original MEMBER-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming), and other materials, including, but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives, and tangible goods provided, sold, offered, or posted by Uploaders or MEMBERS onto the Platform from time to time. For more clarity, MEMBER-generated Content is mostly limited to comments and excludes any videos, memberships, and tangible goods;
1.2 "Live Streams" shall mean sessions organised by Uploaders during which Content is streamed live in private, semi-private, or public mode, with or without live chat, with or without the possibility for MEMBERS to have two-way camera sessions;
1.3 "MEMBER(S)", as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the registered individuals using the Platform for their personal use, also called “MV Member(s)”, at the exclusion of Uploaders. For more clarity, all MEMBERS are USERS but not all USERS are MEMBERS;
1.4 "MV", as well as all first-person pronouns (such as “we”, “us”, “our”, “ours”), shall refer to MVVERSE Inc., 4815 Van Horne St., Montreal, Quebec, H3W1J0, PO Box: 63527, Canada, and/or its affiliates or assigns. MV operates and manages the Platform and acts as an intermediary between Uploaders and USERS using the Platform and permits Uploaders and MEMBERS to interact on the Platform;
1.5 "Platform" shall refer to the hosting service operated and managed by MV, available at www.manyvids.com (and including all of its subdomains and any predecessor or successor domain or URL), where Uploaders can Upload, license, and sell their Content using the tools and features provided by such Platform, where USERS using the Platform can view and post certain types of Content, and where Uploaders and MEMBERS can interact online.
1.6 "T&C" means, collectively, these terms and conditions, including our Privacy Policy, as well as all Platform Rules and all instruments and assurances in amendment or confirmation of them. “Hereof”, “herein”, “hereto”, “hereunder”, and similar expressions mean and refer to these T&C;
1.7 "Upload" shall encompass upload, publish, broadcast, share, and offer Content, including Live Streams;
1.8 "Uploader(s)" shall refer to the independent models, performers, and other Content producers or studios, registered as such on the Platform and Uploading their original Content onto the Platform for personal use by the USERS; and
1.9 "USER(S)", as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the individuals using the Platform for their personal use, to the exclusion of Uploaders.
2. GENERAL TERMS
2.1 These T&C govern your rights and responsibilities in connection with your use of the Platform and are a binding contract between you and us (and not between you and any of the Uploaders or us and any of the Uploaders). We encourage you to read these T&C carefully and periodically.
2.2 Subject to Section 4, and subject to your compliance with all of these T&C, MV hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the Platform solely for private, personal, non-commercial, and entertainment purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
2.3 You can only use the Platform for your own personal use, to the exclusion of any commercial use. As a USER only, the Platform gives you the ability to navigate through and see Content previews and picture galleries, to the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to navigate through and buy Content, post certain types of Content, participate in Live Streams, comment and interact online with Uploaders from whom you purchased Content, as well as, if you are a “Premium MEMBER”, interact online with Uploaders from whom you did not purchase Content. Registering as a MEMBER is free. All Content accessible or sold through the Platform is to be accessible or sold to you for private use only. You understand and agree that, as a service provider, MV is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. MV does not endorse any Content or submission and expressly disclaims any and all liability in connection with Content or submissions. You agree to take all necessary precautions when interacting online with other USERS and Uploaders. You also understand that we do not carry out any prior verification or any kind of criminal record check on our USERS or Uploaders and thus we make no statement or warranty regarding our USERS’ or Uploaders’ behaviour. Therefore, you agree to remain vigilant and take all necessary precautions when interacting online with other USERS or Uploaders. You should use the Platform only in strict accordance with the present T&C and in accordance with your local laws and community standards; the Platform may not be accessed or used where prohibited by law.
2.4 You agree and understand that MV cannot ensure the security or privacy of information you provide through the internet and the Platform. We strongly condemn any form of interaction between USERS and Uploaders outside of the Platform. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited.
2.5 For the purposes of these T&C, USER recognizes that an Uploader is understood to be solely an independent contractor and in no way should an Uploader be considered an employee, agent, or partner of MV. Furthermore, USER acknowledges and agrees that MV has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content provided by Uploaders through the Platform.
3. YOUR ACCOUNT
3.1 Registration. In order to access the Platform as a MEMBER and to navigate through and buy Content, interact online with Uploaders, as well as to post and comment Content, you must first register by creating a MEMBER 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. Please note that MV reserves the right to decline any account registration, for any reason, at its sole discretion.
3.2 Confidentiality of Your Account. You agree and warrant 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 us and modify 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 and purchases, whether or not authorized by you. 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 hereby specifically waive any such claim and agree to defend, hold harmless, and indemnify MV against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your account.
3.3 Content Uploaded on Your Account. You are solely responsible for all Content Uploaded via your account, including any personalization made to your profile and any posting on your wall. You must evaluate and bear all risks associated with your use of the Platform and your Content. You agree and represent to only Upload Content that you are authorized to Upload. Furthermore, any Content Uploaded onto the Platform shall also be compliant with these T&C; thus, you agree and represent to only Upload Content in compliance with these T&C. You will not Upload Content that could be deemed illegal, involving minors, or simply not allowed by us, including any content in violation of these T&C. Further, you agree not to Upload Content that violates any third party's intellectual property rights 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 USER 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. We reserve the undisputed right to remove any non-compliant Uploaded Content at any time, without prior notice to you. You understand and agree that your profile and your Uploaded Content may be visible or searchable by other Uploaders or USERS of the Platform (including any participation in the chat) through the Platform itself. Further, you understand and agree that your profile and your Uploaded Content may be searchable by third-party publicly available search engines or Internet archives; should you wish to have some or all of your profile and/or Uploaded 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).You also understand and agree that Live Streams may be monitored and/or recorded by MV for the purposes of compliance with the present T&C and the Terms of Service for Uploaders but that MV does not have any obligation to do so.
In an ongoing effort to protect minors and prevent the Upload of illegal Content, MV retains the right to regularly scan any and all Content Uploaded on the MV Platform for the presence of minors. Any Content deemed to include minors will be removed immediately and reported to the appropriate authorities and the USER will be banned from using the Platform.
3.4 License to Your Content. By using the Platform, you agree and understand that MV may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to these T&C and, therefore, you hereby grant MV a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available, or otherwise use your Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, audio segments, or hypertext links, by means of any technology, whether now known or hereafter to become known. You hereby waive any “moral rights” or similar rights in and to the Content in favour of MV and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favour of MV and its permitted transferees and sublicensees. You hereby represent that you have the right to grant the license and waivers stated above.
3.5 Account Photo. You agree and understand that your account profile photo, image or avatar must be safe and acceptable to a public audience and shall not include sexually explicit content, such as full or partial nudity, simulated or any other sexual acts. If you choose to use a photo that is not acceptable to a public audience, MV may remove such photo. Repeat infringement may result in the termination of your account in accordance with these T&C.
3.6 Linking Your Account to Social Media. The Platform allows you to link your account to or to post on various third-party social media or social-networking sites (“Third-Party Sites”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Sites, you hereby understand and acknowledge that MV has no control whatsoever on such Third-Party Sites and that it is your sole responsibility to ensure that you understand, agree, and comply with such Third-Party Sites’ terms and conditions.
3.7 Closing Your Account. If you decide to close your account, which you can do at any time, all of your Content will be removed, except as provided below. If you delete your account, or if you remove Content from your account, such Content will no longer appear on the Platform. As for the membership granted by an Uploader to any MEMBER, such membership will terminate once it expires and all Content related thereto will be removed.
MEMBERS acknowledge that deactivated accounts are kept for analytical and legal purposes. The account will not longer be visible to anyone. MEMBERS wishing to have their accounts removed from the MV servers in their entirety must submit a specific request by contacting the MV Support Team at help@manyvids.com.
3.8 Prohibitions. You agree to not: (i) engage in any act that MV deems to be improper or in conflict with the spirit or intent of the Platform; (ii) make inappropriate use of the Platform; (iii) use the Platform to engage in any form of harassment, prostitution, sex trafficking, or other illegal or offensive behavior, or post or share any defamatory, offensive, libelous, or slanderous statements; (iv) attempt to gain any unauthorized access to the Platform, by any means, including, but not limited to, by circumventing or modifying, or attempting to circumvent or modify, any technology, device, security, or software that is part of the Platform; (v) disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers; this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person’s use of the Platform; (vi) modify, reverse engineer, reverse assemble, decompile, or hack into any software applications or related tools or utilities used by the Platform; or (vii) otherwise violate any applicable law or regulation or encourage or enable such violation.
3.9 2257 Regulations. Notwithstanding anything to the contrary, you understand and acknowledge that MV is not acting as a “producer”, as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).
3.10 Reporting of Pornography Involving Minors. MV is committed to cooperating with any law-enforcement agency investigating 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.
3.11 Notice of Copyright Infringement. We support the protection of the intellectual property rights of copyright holders and thus we will respond to notices of alleged copyright infringement made in accordance with our DMCA Notice and Takedown Policy & Procedure, which can be found here.
3.12 Section 230 of the Communications Decency Act – 47 U.S.C. § 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful, or otherwise inappropriate material: you understand that no minor can have access to the Content and you agree and warrant taking responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful, or otherwise inappropriate to minors. You are hereby informed that you can research such services on websites such as, but not limited to: http://www.safesurfingkids.com/, http://www.safekids.com/internet-safety-organizations-sites/, and http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo. Please note that we do not make any representation or endorsement regarding any products or information found on these third-party websites and recommend that you conduct your own due diligence before installing any online filter. Furthermore, you agree that it is your sole responsibility, at the total exclusion of MV, to keep any explicit, harmful, or otherwise inappropriate material from being displayed, viewed, or accessed by minors.
4. PRICES AND PAYMENT
4.1 Content Prices. You do not incur any costs for joining MV. As a MEMBER or USER, you may purchase Content made available to you through the Platform by Uploaders. You may also upgrade your account to “Premium” to access more features, such as direct messaging (see Section 4.5 below). Purchases can be made by credit cards, gift cards, Bitcoins, and, when available, by debit cards, 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 providers’ customer terms and conditions and privacy policies and understand that MV has no control whatsoever on such customer terms and conditions and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY CONTENT. Purchases are payable in advance. MV offers different packages from which you can choose. As for Live Streams, such as chatting or streaming, you can choose from various prepaid packages. MV’s pricing policy then in effect, which can be found here, establishes minimum and maximum prices. MV and Uploaders reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion, and without liability to you.
4.2 Viewing Purchased Content. After purchasing digital Content, you will see and be able to view such Content in your purchase history, accessible through your account profile. You can consult your purchase history directly on your account at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed. As for non-digital Content, such as memberships and tangible goods, subject to Section 4.2, 1.1 herein, the Uploader is solely responsible for the fulfillment and delivery of such Content, at the total exclusion of MV. MV does not ship, handle, or take custody of non-digital Content at any point.
Sales Policies. All sales made through the Platform are FINAL and NON-REFUNDABLE, except in the following two cases:
1.1 Custom Content and tangible Content (e.g. shippable) not provided or shipped within 30 days; in which case MV will contact the concerned Uploader on your behalf for mediation. If the Uploader fails to comply with MV’s request and does not provide or ship the purchased Content, a credit will be issued to your MV Wallet within thirty (30) days from MV’s request; and
1.2 Broken or corrupted digital Content; MV will contact the concerned Uploader on your behalf for replacement Content. If Uploader fails to comply with MV’s request and does not replace the Content, a credit will be applied to your MV Wallet within thirty (30) days.
If pursuant to applicable law, a refund is to be issued by MV, it will be credited solely to the payment method used in the original transaction. If the payment method used in the original transaction does not allow refunds then, notwithstanding the foregoing, any and all transactions made with such payment methods will be credited solely to your MV Wallet.
4.3 Banned Uploader Content. If ever an Uploader is banned from the MV Platform, for any reason, their Content will cease to be available for future purchase and for MEMBERS who have already purchased the Content. MV will not issue reimbursement in cases where Content becomes unavailable due to the Uploader being banned. MEMBERS acknowledge that they alone assume the risk when choosing to purchase Content that is only accessible through the MV Platform.
This policy may also be found here.
4.4 Tokens. Tokens are a feature made available to MEMBERS and can only be used as a gratuity offered as an acknowledgment of appreciation to Uploaders in regard to Live Stream Content (“Tokens”). For more clarity, Tokens cannot be used as payment for Content or anything contrary to these T&C, nor are they required for MEMBERS to access the Platform or Content. When allocating Tokens, MEMBERS do so at their free will and are not to expect anything in return. Tokens are non-refundable and expire two (2) years after their purchase date. Token packages and prices available on MV Live are subject to change at any time.
4.5 Subscriptions. All completed payments for Subscriptions are deemed to be final and non-refundable. All subscriptions automatically renew and re-bill at the end of their term, unless otherwise cancelled by MEMBERS. Subscriptions may be cancelled by MEMBERS or by contacting the MV Support Team at help@manyvids.com.
If an Uploader updates their Subscription prices, the update will not affect the Subscriptions of MEMBERS who were already subscribed and such MEMBERS will continue to be billed at the original price until such MEMBER cancels that Subscription to the service. Any Subscription purchased by a MEMBER under a promotional code or discounted price shall be rebilled at that price, until such MEMBER cancels that Subscription to the service.
4.6 Contests. Although contests may be accessible worldwide through MV or the Platform, not all features, products or services discussed, referenced, provided or offered through or in MV contests are available to all persons or in all geographic locations, or appropriate or available for use in all locations. If you choose to participate in any MV contest, you do so on your own initiative and you are solely responsible for complying with applicable local laws. MV reserves the right in its sole discretion, to limit, restrict or prohibit the provision of any such contest to any person or in any location. Any MV contest offer shall be deemed void where prohibited.
4.7 Premium Membership. For MEMBERS desiring to have a greater level of access than the general membership, MV offers an optional membership to premium services. There are three (3) premium membership options: (i) 1-month premium membership; (ii) 3-month premium membership; and (iii) 12-month premium membership. The premium membership covers unlimited messaging, ManyMotes, image sharing, full access to blocked previews, as well as greater attention and visibility. All MEMBERS can opt in or out of premium services at any time as this additional service is optional, subject to Section 4.2.
4.8 MEMBER Information. It is your responsibility to ensure that all information necessary for any purchase (including shipment address) is complete and accurate in order to avoid any delays in the purchasing and payment processing and to inform us of any issues that may arise with purchases or payments. You are responsible for keeping all of your information up to date.
4.9 Taxes. All prices on the Platform are exclusive of applicable federal, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges now in force or enacted in the future and such taxes may be added by our third-party Internet payment service providers on our behalf when required, the whole when completing purchase processing.
4.10 Currency. All amounts referred to herein and all monetary transactions on the Platform are in US dollars (USD).
4.11 Re-billing. For re-billing payment, MV will attempt to re-bill the MEMBER through the provided payment method. Following three (3) failed attempts, MV will attempt to re-bill on any such MEMBER credit card(s) previously successfully used to make a purchase on the Platform.
5. MV’S RESPONSIBILITIES; DISCLAIMERS; INDEMNIFICATION
5.1 You understand that the Platform is an evolving technology and concept. For as long as MV continues to provide you with access to the Platform, the Platform may be updated, improved, and expanded. As a result, we allow you to access the Platform as it may exist and be available on any given day and have no other obligations, except as expressly stated in these T&C. We may modify, replace, refuse access to, suspend, or discontinue all or part of the Platform, for you only or for some or all of our Uploaders and USERS, at our sole discretion. All of these changes shall be effective upon their posting on the Platform or by direct communication to you, unless otherwise noted.
5.2 As an intermediary service provider, MV has no obligation to monitor, regulate, or police Content; however, we reserve the right to do so. We further reserve the right to refuse, remove, or to terminate your account, with or without notice, if deemed by us to be contrary to these T&C.
5.3 MV warrants that the Platform will conform to the description provided on its website and to any statements or advertisements regarding the Platform made by MV. EXCEPT AS INDICATED IN THE PREVEIOUS SENTENCE, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
5.4 USER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM MV’S ACT, INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, PUBLICITY OF THE CONTENT, THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS, OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. MV PLEDGES TO DO ALL WITHIN ITS REASONABLE AND LAWFUL MEANS TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER.
5.5 MV DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MV SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.
5.6 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MV and the Platform, the operator, its parent, subsidiary, and affiliated corporations, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Platform; (ii) your violation or breach of any part of these T&C; (iii) your violation or breach of any third party rights, including, without limitation, any intellectual property, property, or privacy right; or (iv) any claim that all or any part of your Content caused damage to a third party. This defence and indemnification obligation will survive these T&C and your use of the Platform. You also agree to defend, indemnify, and hold harmless MV and defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at our own expense and choose our own legal counsel but are not obligated to do so. You understand and accept that no communication between you and other USERS or Uploaders of the Platform is private. You hereby specifically release us and all Uploaders or other USERS of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these T&C.
6. USERS’ REPRESENTATIONS AND WARRANTIES
Representations and Warranties. As a material inducement for MV to enter into these T&C, USER represents and warrants:
6.1 That USER is of sound mind and body, acting on USER’s own free will, and fully understands the terms and conditions of these T&C and their legal implications;
6.2 That USER is AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH THEY RESIDE at the time they first access the Platform, whether as a USER or a MEMBER;
6.3 That USER has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where USER resides (and when relevant, where any other USER or Uploader resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, 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 T&C;
6.4 That the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection with the Upload of Content by USER and shall not be present in any of the Content Uploaded by USER at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age (or under the age of 21 years 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, but not limited to, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these T&C, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; (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;
6.5 Without limiting the generality of these T&C, the following acts, actual and/or simulated, are also prohibited under these T&C and are forbidden in connection with any interaction with Uploaders: (i) impersonating anyone; (ii) requesting money or another form of consideration from Uploaders; (iii) harassing, defaming, threatening, using excessive language or being verbally abusive; (iv) depicting or sharing any Content that MV may deem contrary to these T&C; (v) using or soliciting information that might be used for unlawful purposes or encouraging unlawful activities; (vi) posting or sharing information about other USERS or Uploaders; (vii) disrupting the flow of a live chat; or (viii) recording Live Streams or live chats;
6.6 That USER shall NOT, under any circumstances, solicit from any Uploader or any other USER any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, or usernames or passwords, use any Uploader or any other USER in any way for unfair personal gain or benefit, or agree to any in-person encounters;
6.7 That USER is solely responsible for complying with all applicable laws and regulations in the jurisdiction where USER resides, as well as all laws and regulations applicable to the Platform and applicable to USER’s use of the Platform. At all times, USER represents that they will comply with all additional terms, guidelines, or policies enacted by MV; and
6.8 That USER acknowledges that Uploaders are solely responsible for complying with closed-captioning requirements, as established by the Americans with Disabilities Act (ADA). USER acknowledges that any and all liability for failure to provide closed-captioning for Uploaded Content lies solely with the Uploader.
7. TERM AND TERMINATION
7.1 These T&C shall be effective as of the date you start to use the Platform and remain in effect as long as you use the Platform. You can choose to close your account at any time, at your sole discretion.
7.2 MV reserves the right to terminate these T&C and your account, at any time, on sixty (60) days’ notice (unless you have defaulted on one of your obligations, in which case termination may be immediate). Should MV terminate your account, all of the Content that was accessible on it may be removed.
7.3 Notwithstanding anything to the contrary, all rights granted by USER to MV during the term of these T&C shall survive the termination of these T&C by either party.
8. TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS, AND LOGOS
The trademarks, services marks, trade names, trade dress, and logos (“Marks”) contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of MV and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without prior written authorization from MV and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of MV and may not be copied, imitated, or otherwise used, in whole or in part, without MV’s prior written authorization. MV will enforce its intellectual property rights to the fullest extent of the law.
9. CONFIDENTIAL INFORMATION; NON-CIRCUMVENTION
9.1 Confidentiality. During the term of these T&C and for a period of ten (10) years after the termination thereof, each party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof, that has been disclosed by one party to the other party during the term of these T&C. Proprietary information of MV includes, but is not limited to, the following aspects of MV: its Platform, software, employees, customers, affiliates, and service providers, intellectual property, functions, features, options, preferences, programming code, style, colours, layouts, “look and feel”, costs, profitability, statistics, data, and any other information in any way related to MV, or how MV conducts business. MV reserves its right to claim all damages caused by USER’s breach of duties.
9.2 Non-circumvention. During the term of these T&C and for a period of three (3) years after the termination thereof, USER agrees that neither USER nor any person under control or authority of USER shall, directly or indirectly, circumvent or attempt to circumvent MV to form or attempt to form any business relationship with any of MV's employees, affiliates, or sub-licensees, or that harms, injures, or diminishes MV and/or the benefits that MV might reasonably expect to enjoy pursuant to the rights granted to MV in these T&C.
10. EXTERNAL LINKS
Subject to these T&C, Uploaders may provide external hyperlinks to promote their Content, including, without limitation, ads or promotions, to other sites or platforms operated by third parties. MV has no control over such websites and is not responsible for their content, privacy policies, or for the collection, use, or disclosure of any information those sites may collect. The presence of a link to a third-party site does not constitute or imply MV’s endorsement, sponsorship, or recommendation of the third-party or of the content, products, or services contained on, or available through, the third-party site. If you choose to access any third-party site, you do so at your own risk.
11. MISCELLANEOUS
11.1 Notices. USER may serve official notices to MV by sending an e-mail to: help@manyvids.com. MV may serve official notices to USER by sending an e-mail to the e-mail address on the USER's account. MV may also serve official notices to USER through information posted on “notification” or “messaging” sections of the Platform. It is your responsibility to monitor and review the “notification” or “messaging” sections of your account. All notices shall be legally binding upon receipt.
11.2 Jurisdiction and Applicable Law. Except where prohibited by consumer protection legislation or where otherwise prohibited, the validity, interpretation, and enforceability of these T&C shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein; the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The USER and MV irrevocably agree that the courts of Montreal, Quebec, Canada shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&C or their subject matter or formation (including non-contractual disputes or claims). Notwithstanding the foregoing, when purchases are made by credit cards within the territory of the European Union, the legal jurisdiction governing these T&C shall be the same as the legal jurisdiction governing the contractual relationship between said credit card merchant and the USER.
11.3 Language. If these T&C are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.
11.4 Amendments. MV reserves the right to unilaterally amend any element of this contract. Upon doing so, MV will send you, at least thirty (30) days before the amendment comes into force, a written notice setting out exclusively (a) the new clause or the amended clause and the clause as it read formerly, (b) the date of the coming into force of the amendment, and (c) your right to refuse the amendment and cancel these T&C without cost, penalty, or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in MV’s obligations.
11.5 Entire Agreement. These T&C set forth the entire agreement between the USER and MV and supersede all other written or oral agreements. If any provision of these T&C 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 T&C.
11.6 No Assignment. These T&C, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction.
11.7 No Other Limitations. Nothing herein shall be construed to limit or prevent either party's abilities to conduct their respective business with respect to matters not specifically addressed under these T&C.
11.8 Choice of Language. The parties have elected that these T&C and any related documents be drafted in English.
11.9 If you have any questions or complaints regarding these T&C or the Platform, please contact us at help@manyvids.com.