Terms & Conditions
OU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL
CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO
THESE TERMS AND CONDITIONS. USE OF THE PLATFORM IS VOID WHERE
PROHIBITED BY LAW.
IF YOU DON’T AGREE WITH THESE T&C, OR IF YOU DON’T AGREE WITH ANY REVISED T&C, DO NOT USE THE PLATFORM.
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 meanings:
1.1. "2257 Regulations" shall have the meaning ascribed to such term in Section 3.8 herein;
1.2. "Content" shall mean, depending on the context in which it is used, original Uploader-generated content OR original MEMBER-generated content (or both), such as pictures, videos and other materials, including but not limited to, text, images, graphics, data, audio, messages, comments, memberships and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time;
1.3. "DMCA" shall have the meaning ascribed to such term in Section 3.10 herein;
1.4. "Licence" shall have the meaning ascribed to such term in Section 2.2 herein;
1.5. "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 needs, also called "MV Member(s)", at the exclusion of Uploaders. For more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS;
1.6. "MV", as well as all first-person pronouns (such as "we", "us" "our", " ours"), shall refer to MVVERSE Inc., a company with a place of business at 151, Atwater Street, PO Box 72182, Montreal, Province of Quebec, H3J 1N5. MV operates and manages the Platform, and acts as an intermediary between Uploaders using the Platform to upload, publish, share and sell their Content, and the USERS using such Platform to view or post Content, as well as to permit Uploaders and MEMBERS to interact;
1.8. "Third-Party Site" shall have the meaning ascribed to such term in Section 3.5 herein;
1.10. "Uploader(s)" shall refer to the models, performers and other content producers or studios, registered as such with MV, and uploading their original Content onto the Platform for private use by the USERS; and
1.11. "USER(S)", as well as all second-person pronouns (such as "you", "your", " yours"), shall mean the individuals using the Platform for their personal needs, at the exclusion of Uploaders.
2.1. These T&C govern your rights and responsibilities in connection with the Platform, and is a contract between you and us (and not between you or us and any of the Uploaders). We encourage you to read them carefully and periodically.
2.2. Subject to Section 4, and subject to compliance with all 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. As a USER only, the Platform gives you the ability to navigate through and see Content previews and gallery pictures, at the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to navigate through and buy Content, to post Content, comment and interact with Uploaders you purchased Content from, as well as, if you are a "Premium MEMBER", to interact with Uploaders you did not purchase Content from. For more clarity, MEMBER-generated Content is mostly limited to comments and excludes any videos, memberships and tangible goods. 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 submission.
2.4. You agree and represent that you are AT LEAST 18-YEAR-OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE at the time that you first access the Platform, whether as a USER or a MEMBER.
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 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.
3.1. Registration. In order to access the Platform as a MEMBER and to navigate through and buy Content, interact 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 registration, for any reason, at its sole and entire discretion.
3.2. Confidentiality of Your Account. You agree and represent that you will not share your account or login information, nor let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized access or disclosure of the login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of the 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. Account and Profile Settings. As a MEMBER, you can edit and modify your settings at any time through the Platform, including your profile picture and general preferences, as well as your notification preferences.
3.4. 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 will not upload Content that could be deemed illegal, involving minors, or simply not allowed by us, including any content in violation of the Terms and Conditions is to be updated with new copy. of the Platform. Further, you agree not to upload Content that violates any third party's intellectual property right or that violates another individual's privacy. You understand and agree that your profile and your uploaded Content may be searchable by other UPLOADERS or Users of the Platform, through the Platform itself. Further, you understand and agree that your profile and your uploaded Content may be searchable by publicly available search engines; 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). Notwithstanding Sections 3.2 and 3.4 hereof, in the event that UPLOADER has shared her/his/its account or login information with another uploader pursuant to a separate agreement, UPLOADER hereby specifically waives any claims and/or damages arising out of such agreement with such uploader, and hereby undertakes to defend, hold harmless and indemnify MV against any claims and/or damages arising out of such shared access. Without limiting the foregoing, at all times UPLOADER agrees to hold harmless MV with respect to any activity made through her/his/its account access, related or not to Content uploaded on UPLOADER’s account, or any payment made by MV pursuant to specific payment instructions received by MV in accordance with any such separate agreement made between UPLOADER and another uploader. The UPLOADER acknowledges that should it authorize/direct MV to pay any sums due another uploader, UPLOADER shall have no recourses against MV with respect to any such amount once paid to the designated payee. It should be UPLOADER’s sole responsibility to inform MV in writing of any termination of any such separate agreement.
3.5 The Platform permits you to link your account to or to post on various third-party social media or social-networking sites or apps ("Third-Party Site"). If you choose to do so, you agree and acknowledge bearing all risks that could result from such linking. By linking your account or by posting Content to Third-Party Site, you hereby understand and acknowledge that MV has no control whatsoever on such Third-Party Site, and that it is your sole responsibility to ensure that you understand, agree and comply with such third-Party Site’s terms and conditions.
3.6. Closing your Account. If you decide to close your account, which you can do at any time, all your Content will be permanently deleted, except as provided below. If you delete your account or if you delete Content from your account, such Content will no longer appear on the Platform. As for the membership granted by Uploader to any MEMBER of the Platform, such membership will be fully terminated once they expired, and all Content related thereto will be fully deleted upon such expiration.
3.7. Prohibitions. You agree not to : (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) attempt to gain any unauthorized use of the Platform, by any means other than the user interface provided by MV, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of the Platform; (iv) 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; (v) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Platform; or (vi) otherwise violate any applicable law or regulation, or encourage or enable such violation.
3.8 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").
3.9. Reporting of Pornography Involving Minors. MV is committed to cooperate with any law-enforcement agency investigating child pornography, and to comply with any applicable law relating to the mandatory reporting of pornography involving minors. We encourage you to report any such unlawful activities involving minors to the authorities.
3.10 Since the Platform is based in the United States of America, we respect the intellectual property rights of copyright holders, and thus will comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act ("DMCA"). Our DMCA Notice and Takedown Policy can be found here.
3.11. Section 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 Content, and you agree and warrant taking responsible measure 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. Please note that we do not make any representation or endorsement regarding any products or information found on those third-party Websites, and recommend that you conduct your own due diligence before installing any online filter. Furthermore, you agree that is it your sole responsibility, at the total exclusion of MV’s, to keep any explicit, harmful or otherwise inappropriate material from being displayed, viewed or accessed to by minors.
4.1. Content Prices. You do not incur any costs for joining MV. As a MEMBER, 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. Purchases can be made by credit 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. Minimum and maximum prices according to MV’s pricing policy then in effect can be found here. 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. After purchasing digital Content, you will see and be able to view such Content in your purchase history, accessible through your profile. You can consult your purchase history directly on your profile at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed. Subject to Section 4.3.1 herein, as for Content that is not digital, such as memberships and tangible goods, 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.
4.3.2. Digital Content is broken or corrupted; in which case MV will contact the concerned Uploader on your behalf for a replacement Content. If Uploader fails to comply with MV’s request and does not replace the Content, a credit of equal value will be applied within 30 days;
4.4. MEMBER Information. You understand that it is your responsibility to ensure that all required information necessary to any purchase (including shipment address) is complete and accurate to avoid any delays in the purchasing and payment processing, and to inform us of any issues which may arise with purchases or payments.
4.5. Taxes. The prices mentioned on the Platform do not include applicable taxes, and such taxes may be added by our third-party Internet payment service providers when completing purchase processing.
4.6. Currency. All amounts referred herein and all monetary transactions on the Platform are in US dollars (USD).
MV’S RESPONSIBILITIES; LIMITATION OF WARRANTIES AND LIABILITY
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 the Platform, for all or part of it, for you only or all of our Uploaders and USERS, in 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 the Content, however we reserve the right to do so. We further reserve the right to withhold, remove and/or discard any Content made available as part of your account, or to block your account in part or in whole, with or without notice if deemed by us to be contrary to these T&C.
5.3. SUBJECT TO APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. USER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS INTERACTION AND ASSOCIATION WITH THE PLATFORM OR MV; 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, UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, OR 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 MEANS THAT IS REASONABLE AND LAWFUL TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER.
5.5. TO THE EXTENT PERMITTED BY LAW, MV (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE T&C OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. USER FURTHER AGREES THAT IN THE EVENT THIS SECTION 5.4 OF THE T&C IS INVALIDATED, MV’S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST MV ARISING OUT OF THESE T&C, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE AMOUNT OF USD$100 AND NO MORE.
USERs’ RESPONSIBILITIES AND WARRANTIES
6.1. Representations and Warranties. As a material inducement for MV to enter into these T&C, USER represents and warrants:
6.1.1. That USER is of sound mind and body, acting of her/his own free will and fully understands the terms and conditions of these T&C, their legal implications and is legally able to execute this contract;
6.1.2. That USER has researched, understands, and will comply with all laws and legal restrictions in effect in the location USER 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 solicitations, and restrictions on unsolicited commercial messages;
6.1.3. That the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection with the Content uploaded 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 suggest or imply that such individual is under the age of 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 of the Platform, such as, but not limited to, bestiality; fisting; urination/defecation (golden/brown showers or enemas); incest; necrophilia; torture; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids, such as dildos, vibrators, etc.; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto;
6.1.4. 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, and usernames or passwords, nor use any Uploader or any other USER in any way for unfair personal gain or benefit.
6.2. License on 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.
6.3. Compliance with Law. You agree and understand that you are solely responsible for following all applicable laws and regulations in your location as well as all laws and regulations applicable to the Platform, and applicable to your use of the Platform. At all time, you represent that you will comply with all additional terms, guidelines, or policies enacted by MV.
6.4. 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 front (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 right, including without limitation any copyright, 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 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 will cooperate fully (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 other Uploaders or 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.
7. TERM AND TERMINATION
7.1. These T&C shall be effective as of the date you started to use the Platform and remain in effect as long as you still 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 at any time, for any reason, with or without cause. If we terminate these T&C with cause, for example because you are in violation or breach of these T&C, you agree and understand that any amount due to you by us will be forfeited.
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.
CONFIDENTIAL INFORMATION; TRADE SECRETS; NON-CIRCUMVENTION
9.1. Confidentiality. During the term of these T&C and for a period of 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 Websites, 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 relating to MV or how MV conducts business. USER agrees that the liquidated and conclusive amount of damages from any breach of USER's duties imposed by this confidentiality agreement will be USD$50,000 per action.
9.2.Non-circumvention. During the term of these T&C and for a period of 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. USER agrees that the liquidated and conclusive amount of damages from any breach of USER's duties imposed by this non-circumvention agreement will be fifty thousand dollars (USD$50,000) per action.
10.3. 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.
10.4. Entire Agreement. These T&C set forth the entire agreement between the parties and supersedes 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.
10.5. 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.
10.6. 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.