Terms of Service

Updated Feb 28, 2018

Bit Media LLC and its affiliates or assigns operates and manages the Website platform accessible at https://www.bitvids.net, including all its subdomains, where independent content uploaders can upload, publish, share and sell their original videos, services or other tangible goods to users, and where uploaders and users can interact; the platform provides explicit adult entertainment and is only open to consenting adults (the 'Platform').

YOU 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 OF SERVICE. 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 MODELS APPEAR ON THE PLATFORM, AND WE WILL REPORT ANY UNLAWFUL ACTIVITIES.

Please read the following terms of services (hereinafter referred to as 'TOS') as they form the legal contract between Bit Media LLC (hereinafter referred to as 'BitVids') and YOU (hereafter referred to as 'UPLOADER' or 'you'). If you do not agree to all of these TOS, including our Privacy Policy as well as the Terms of Service of the Platform (as defined below) as well as all other BitVids’ specific rules that can be found here, including, but without limitation, 'Upload Rules', 'Contest Rules', 'Forbidden Words', 'DMCA', and 'Record Keeping Requirements', which shall form an integral part of the TOS 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, you are demonstrating your willingness and confirming your agreement to be bound by all of these TOS, including all amendments made from time to time. BitVids reserves the right, at its sole discretion, to revise these TOS. You agree that all changes to the TOS are effective and enforceable upon posting. Further, you agree and understand that it is up to you to be knowledgeable and to periodically review all of these TOS to see if anything has changed. BitVids will not be liable for your neglect of your legal rights.

IF YOU DON’T AGREE WITH THESE TOS, OR IF YOU DON’T AGREE WITH ANY REVISED TOS, DO NOT USE THE PLATFORM.

1. DEFINITIONS

  • Where used in these TOS, 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 (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), 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 2.22.2 herein;
  • 1.5. ”Member(s)” shall mean the registered individuals using the Platform for their personal needs, also called 'BitVids Member(s)', at the exclusion of UPLOADERS. For more clarity, all Members are Users, but not all Users are Members;
  • 1.6. ”BitVids”, as well as all first-person pronouns (such as 'we', 'us' 'our', 'ours'), shall refer to Bit Media LLC, a company with a place of business at 30 N Gould St STE R, Sheridan, WY 82801. BitVids 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;
  • 1.7. ”Net Proceeds” shall mean the amount of money charged to a given User of the Platform for accessing Content, minus any refunds or charge-backs, or other similar reimbursement made on such Content licensed or sold as well as in some specific cases of fraud;
  • 1.8. ”Platform” shall refer to a hosting service operated and managed by BitVids, available at https://www.bitvids.net (and including all its subdomains, any predecessor or successor domain or URL), where UPLOADERS can upload, publish, share, license and sell their Content using the tools and features provided by such Platform, as well as Users using such Platform can view and post Content, and where UPLOADERS and Members can interact;
  • 1.9. ”Third-Party Site” shall have the meaning ascribed to such term in Section 3.5 herein;
  • 1.10. ”TOS” means collectively these Terms of Service, including our Privacy Policy as well as the Terms of Service, of the Platform, as well as all other BitVids’ specific rules that can be found here, including, but without limitation, 'Rules', 'Forbidden Words', 'DMCA', and 'Record Keeping Requirements', and all instruments and assurances in amendment or confirmation of them. Our Privacy Policy, the Terms of Service of the Platform and BitVids’ specific rules shall form an integral part of these TOS as if they were recited at length herein; 'hereof', 'herein', 'hereto' and 'hereunder' and similar expressions mean and refer to these TOS;
  • 1.11. ”UPLOADER(S)”, as well as all second-person pronouns (such as 'you', 'your', 'yours') shall refer to the models, performers and other content producers or studios, registered as such with BitVids, and uploading their original Content onto the Platform for private use by the Users; and
  • 1.12. ”User(s)” shall mean the individuals using the Platform for their personal needs, at the exclusion of UPLOADERS.

2. GENERAL TERMS

  • 2.1. These TOS 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 Users). We encourage you to read them carefully and periodically.
  • 2.2. Subject to Section 4.2, and subject to compliance with all these TOS, BitVids hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the 'License') to use the Platform solely for personal purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
  • 2.3. The Platform gives you the ability to upload, publish, license and sell your Content, conditional to the payment of a service fee, as well as to interact with Members. All Content accessible or sold through the Platform is to be accessible or sold to Users for private use only. You understand and agree that, as a service provider, BitVids is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. BitVids does not endorse any Content or submission, and expressly disclaims any and all liability in connection with Content or submission. 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.
  • 2.4. 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 create your BitVids account.
  • 2.5. You agree and you understand that we cannot ensure the security or privacy of information you provide through the Internet and the Platform. As such, we do not recommend or condone 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. When you initiate or agree to an activity with another User or UPLOADER, you are responsible for safeguarding your security and safety before and during such activity. At all times, you must act respectfully with other Users and UPLOADERS and not initiate or participate in activities that could compromise other people’s security and integrity. Furthermore, you agree to take all necessary precautions when interacting 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 with other Users or UPLOADERS, inside or outside the Platform. You will find below a partial list of precautions to consider in regard to your interactions with other Users or UPLOADERS:
  • 2.5.1. Always act with caution when communicating with any stranger who wants to meet you;
  • 2.5.2. Make sure to have as much information as possible on the person with whom you are writing before giving personal information, or making plans to meet up;
  • 2.5.3. Notify your family and friends and give them as much information as you have on the planned meeting;
  • 2.5.4. Immediately stop communicating with anyone who pressures you for personal information, including financial information, or attempts to trick you into revealing it;
  • 2.5.5. Beware of fake profiles and identity theft;
  • 2.5.6. Always provide your own transportation to and from the meeting, and meet the person in a busy public location.
  • 2.6. You agree and represent to only upload Content that is original, and that you are the owner thereof, or duly authorized to upload, publish, license and sell. Furthermore, any Content uploaded onto the Platform shall also be compliant with the Terms of Service of the Platform applicable to Users; thus you agree and represent to only upload Content in compliance with such Terms of Service. We reserve the undisputed right to remove any non-compliant uploaded Content at any time, without prior notice to you. It is your responsibility to read and understand the Terms of Service of the Platform.
  • 2.7. For the purposes of these TOS, an UPLOADER is understood to be solely an independent contractor, and in no way should an UPLOADER be considered employee, agent or partner of BitVids. UPLOADER acknowledges and agrees that nothing in these TOS shall be construed as creating any agency, employment relationship, joint or collaborative venture or partnership of any kind between UPLOADER and BitVids, its employees, agents or assigns. Furthermore, UPLOADER acknowledges and agrees that BitVids has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content provided by UPLOADER through the Platform.

3. ACCOUNT REGISTRATION

  • 3.1. Registration. In order to access the Platform as an UPLOADER and to upload, publish, license and sell your Content, you must first register by creating an 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. You will then have to upload public content in the form of a video. Please note that BitVids 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, 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 BitVids 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 an UPLOADER, 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. You may also choose, at your discretion, to ignore or to block other UPLOADERS or Users from communication with you, as you can also be ignored by them or banned from communicating with them. You are solely responsible for your interactions with Users and other UPLOADERS; we will not monitor or participate in any conflict resolution between you and any User or UPLOADER.
  • 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 of Service 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 visible or 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 BitVids against any claims and/or damages arising out of such shared access. Without limiting the foregoing, at all times UPLOADER agrees to hold harmless BitVids 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 BitVids pursuant to specific payment instructions received by BitVids in accordance with any such separate agreement made between UPLOADER and another uploader. The UPLOADER acknowledges that should it authorize/direct BitVids to pay any sums due another uploader, UPLOADER shall have no recourses against BitVids with respect to any such amount once paid to the designated payee. It should be UPLOADER’s sole responsibility to inform BitVids in writing of any termination of any such separate agreement.
  • 3.5. Linking your Account to Social Media. 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 BitVids 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 of service.
  • 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 for further sale or license, but will remain in the account of the Member who has purchased that Content. 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) try to inhibit the sales or activity of another UPLOADER using the Platform; (ii) engage in any act that BitVids deems to be improper, or in conflict with the spirit or intent of the Platform; (iii) make inappropriate use of the Platform; (iv) use the Platform to engage in any form of harassment or offensive behavior, or to post or share any defamatory, offensive, libelous or slanderous statements (v) attempt to gain any unauthorized use of the Platform, by any means other than the user interface provided by BitVids, 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; (vi) 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; (vii) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Platform; or (viii) otherwise violate any applicable law or regulation, or encourage or enable such violation.
  • 3.8. 2257 Regulations. You agree to provide us with valid 18 USC § 2257 Record Keeping Requirements (the '2257 Regulations') compliant documentation at the time of the registration of your account. This means you must provide us with a minimum of 1 to 2 valid IDs, one of which is a valid government photo ID. The other form of identification shall be an official document mentioning your legal name and address. The original records required pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for materials contained in the Platform shall be kept safe by the appropriate Custodian of Records. Notwithstanding the foregoing or anything to the contrary, you understand and acknowledge that BitVids is not acting as a 'producer' as defined by the 2257 Regulations, but you are required, and thus it is your responsibility, to create and maintain the records required of you by the 2257 Regulations, including those of other performers or models appearing in your Content. You shall continue to maintain originals of such records in the manner and for the duration of these TOS plus a term of 7 years or the length of time required by law (whichever is longer). At any time, and for any reason, BitVids may request a copy of your 2257 Regulations documentation. If you cannot provide us with the requested documentation, then your account could be terminated and all earnings forfeited. Our 2257 Regulations policy can be found here.
  • 3.9. Reporting of Pornography Involving Minors. BitVids 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 request and encourage you to report any such 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.
  • 3.10. DMCA. 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. You agree that is it your sole responsibility, at the total exclusion of BitVids’, to keep any explicit, harmful or otherwise inappropriate material from being displayed, viewed or accessed to by minors.

4. SERVICE FEES

  • 4.1. Content Prices. You have sole discretion on how you price your Content. You may change your Content prices and remove any Content you own at any time, at your sole discretion.
  • 4.2. Service Fees. You do not incur any costs for joining BitVids. Compensation to BitVids for your use of the Platform is calculated on the Net Proceeds made on your Content sold to Users. During the term of these TOS, BitVids will retain a part of the Net Proceeds on Content you sell to Users via the Platform, the whole pursuant to BitVids’ pricing policy then in effect. Such service fees are inclusive of any applicable taxes, and such taxes will be indicated on BitVids’ invoice to UPLOADER, such invoice to be received by UPLOADER concomitantly to her/his/its bi-monthly payment (as applicable), as provided in Section 4.4 below.
  • 4.3. Payment Schedule. BitVids remits payment every day at 8:00 PM Universal Time Coordinated ('UTC'). There is no minimum required for payout. Should you wish to close down your account, we will remit your remaining balance in whole on the next planned remittance period.
  • 4.4. UPLOADER Information. You understand that it is your responsibility to ensure that all required information is complete and accurate to avoid any delays in the payment processing and to inform us of any issues which may arise with payments.
  • 4.5. Taxes. It is UPLOADER’s sole responsibility to remit any and all applicable sales taxes to the applicable tax authorities. Notwithstanding the foregoing, where legally required, BitVids may withhold the sale taxes and remit them directly to the concerned tax authorities. In such cases, no sale taxes will be paid to the UPLOADER. Notwithstanding anything to the contrary hereunder, UPLOADER hereby undertakes to hold harmless and to indemnify BitVids, its affiliates and its agents, 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 UPLOADER’s Content purchased by, or licensed to Users.
  • 4.6. Currency. All amounts referred herein and all monetary transactions on the Platform are in Bitcoin (BTC) and Ethereum (ETH).
  • 4.7. Adjustments. As a general rule, BitVids does not issue refunds or cashback on Content purchased by Users. However, BitVids may, at its sole discretion, adjust or deduct from the amount to be remitted, or already remitted for payment, to UPLOADER for any reason, at any time, without prior notice. In the case where the payment has already been issued to UPLOADER, BitVids will deduct such adjustment from the following amount to be remitted to UPLOADER. The most common reasons for adjustments include, but are not limited to, customer refunds, fraud, corrupted Content or grossly misleading or mislabeled Content and technical errors.

5. BITVIDS’ RESPONSIBILITIES; LIMITATION OF WARRANTIES AND LIABILITY

  • 5.1. You understand that the Platform is an evolving technology and concept. For as long as BitVids 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 TOS. 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, BitVids 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 TOS.
  • 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. UPLOADER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS INTERACTION AND ASSOCIATION WITH THE PLATFORM OR BITVIDS; 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 UPLOADERS, PERFORMERS OR MODELS APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. BITVIDS PLEDGES TO DO ALL WITHIN ITS MEANS THAT IS REASONABLE AND LAWFUL TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF UPLOADER.
  • 5.4. BITVIDS 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. BITVIDS 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.
  • 5.5. TO THE EXTENT PERMITTED BY LAW, BITVIDS (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 TOS OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BITVIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. UPLOADER FURTHER AGREES THAT IN THE EVENT THIS SECTION 5.4 OF THE TOS IS INVALIDATED, BitVids’ ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST BitVids ARISING OUT OF THESE TOS, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE AMOUNT OF USD$100 AND NO MORE.

6. UPLOADERS’ RESPONSIBILITIES AND WARRANTIES

  • 6.1. Representations and Warranties. As a material inducement for BitVids to enter into these TOS, UPLOADER represents and warrants:
    • 6.1.1. That UPLOADER is of sound mind and body, acting of her/his own free will and fully understands the terms of service of these TOS, their legal implications and is legally able to execute this contract;
    • 6.1.2. That UPLOADER owns all rights and title and interest in the Content sufficient to lawfully and fully upload, publish, license or sell the Content through the Platform, and such Content shall not infringe, violate or misappropriate any third party’s rights of any kind, including, without limitation any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any similar rights. UPLOADER warrants and represent that she/he/it has acquired all necessary written consent, license, release, permission or authorization of all identifiable person participating or depicted in the Content;
    • 6.1.3. That UPLOADER has, and at all times during the term of these TOS shall continue to have, the full right of authority to upload, publish and sell her/his/its Content as set forth in these TOS, and to perform all other obligations, warranties and indemnifications set forth in these TOS. The UPLOADER is solely responsible for her/his/its submission;
    • 6.1.4. That each piece of Content comprises lawful material and that the person depicted in each piece of Content is an adult (over the age of 18 years or over the age of 21 years in places where the age of majority is not 18 years) at the time they first participated in the creation of the subject piece of Content in which they are depicted;
    • 6.1.5. That UPLOADER has researched, understands, and will comply with all laws and legal restrictions in effect in the location UPLOADER resides (and when relevant, where any other UPLOADER or User resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content and 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;
    • 6.1.6. That UPLOADER is solely responsible to obtain and maintain all applicable consents, licenses and permits required to the operation of her/his/its activities and business related to her/his/its use of the Platform. Without limiting the foregoing, you agree not to broadcast from any places that you are forbidden to broadcast from pursuant to your local laws and community standards, you also agree to edit or blur out any recognizable brands or marks as well as any individuals not part of the Content, if any;
    • 6.1.7. That the following acts, actual and/or simulated, are prohibited under these TOS and are forbidden in connection with the Content uploaded by UPLOADER and shall not be present in any of the Content uploaded by UPLOADER 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 TOS, including any Content violating the Upload Rules or the Forbidden Words of the Platform, such as, but not limited to, illegal or unsafe activities; bestiality; incest; necrophilia; torture; extreme violence; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids, such as dildos, vibrators, etc.; performing while intoxicated; any presentation or representation of illegal drugs; (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;
    • 6.1.8. That all pieces of Content are fully compliant with all requirements set forth in the 2257 Regulations (or to any similar applicable legislation) including, but not limited to, that UPLOADER possesses and maintains age verification documentation in a form acceptable to BitVids and that UPLOADER has implemented and maintains a 'Custodian of Records' as defined in the 2257 Regulations;
    • 6.1.9. That UPLOADER will endeavour to fulfill Users’ orders, in a timely fashion, and matching the order’s description as accepted. You have the ability to decline any order, at your sole discretion. Failure to deliver any order as accepted may result in User requesting for a refund or cancellation;
    • 6.1.10. That UPLOADER, and as long as such UPLOADER has an open account with BitVids, and for a 3-month period after closing such account, shall not divert or attempt to divert, any business of, or any other UPLOADERS or Users of BitVids to any competitor Website, by direct or indirect inducement or otherwise; and
    • 6.1.11. That UPLOADER or any of UPLOADER’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, User’s real names, addresses, email addresses, social media accounts, accounts, billing or payment information, and usernames or passwords, nor use the User in any way for unfair personal gain or benefit.
  • 6.2. No Misrepresentation. You understand and represent that you shall not misrepresent any of the services provided by BitVids through the Platform, nor make any false or misleading statement to anyone about the service offered by BitVids through the Platform or pursuant to these TOS.
  • 6.3. License on your Content. By using the Platform, you retain all control and all of your legitimate ownership rights in your Content, and Users are granted nothing more than the right to view or buy your Content. You agree and understand that BitVids may make use of your Content for promotional or commercial purposes only and to render the services pursuant to these TOS, and therefore you hereby grant BitVids a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable and transferrable license to run, copy, reproduce, 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, or audio segments and hypertext links, by means of any technology, whether now known or hereafter to become known. You hereby represent that you have the right to grant the license stated above.
  • 6.4. 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 BitVids. Notwithstanding anything to the contrary in these TOS, you agree and understand that you are solely responsible for the payment of all government, state, and local taxes, levies or any other similar fees.
  • 6.5. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless BitVids 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 TOS; (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 TOS 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 UPLOADERS or Users 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 TOS.

7. TERM AND TERMINATION

  • 7.1. These TOS 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. BitVids reserves the right to terminate these TOS at any time, for any reason, with or without cause. If we terminate these TOS with cause, for example because you are in violation or breach of these TOS, 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 UPLOADER to BitVids during the term of these TOS shall survive the termination of these TOS by either party.

8. CONFIDENTIAL INFORMATION; TRADE SECRETS; NON-CIRCUMVENTION

  • 9.1. Confidentiality. During the term of these TOS 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 TOS. Proprietary information of BitVids includes, but is not limited to, the following aspects of BitVids: 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 BitVids or how BitVids conducts business. UPLOADER agrees that the liquidated and conclusive amount of damages from any breach of UPLOADER’s duties imposed by this confidentiality agreement will be USD$50,000 per action.
  • 9.2. Non-circumvention. During the term of these TOS and for a period of 3 years after the termination thereof, UPLOADER agrees that neither UPLOADER nor any person under control or authority of UPLOADER shall, directly or indirectly : (i) circumvent or attempt to circumvent BitVids to form or attempt to form any business relationship with any of BitVids’ employees, affiliates, or sub-licensees, or that harms, injures or diminishes BitVids and/or the benefits that BitVids might reasonably expect to enjoy pursuant to the rights granted to BitVids in these TOS; or (ii) own, maintain, engage in, participate or have an interest in any enterprise, other than BitVids, carrying on activities similar to the Platform. UPLOADER agrees that the liquidated and conclusive amount of damages from any breach of UPLOADER’s duties imposed by this non-circumvention agreement will be fifty thousand dollars (USD $50,000) per action.

9. EXTERNAL LINKS

  • 9.1. Subject to these TOS, UPLOADERS may provide external hyperlinks to promote themselves, including without limitation ads or promotions, to other sites or platforms operated by third parties. BitVids has no control over the content or performance of said sites or platforms and cannot be held liable for their content or practices, including without limitation, regarding privacy. BitVids does not endorse nor assume any responsibility for the material or content found on these external sites or platforms and is not associated with their operators.

10. MISCELLANEOUS

  • 10.1. Notices. UPLOADER may serve official notices to BitVids by sending an e-mail to the following e-mail address: help@bitvids.net. BitVids may serve official notices to UPLOADER by sending an e-mail to the e-mail address on the UPLOADER’s account. BitVids may also serve official notices to UPLOADER through information posted in 'notification' or 'messaging' sections within the administrative areas of the Platform accessed by UPLOADER. It is the responsibility of UPLOADER to monitor and review the 'notification' or 'messaging' sections. All notices shall be legally binding upon receipt.
  • 10.2. All legal issues arising under these terms will be governed by California law.
  • 10.3. Language. If these TOS 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 TOS set forth the entire agreement between the parties 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.
  • 10.5. No Assignment. These TOS, 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 TOS.
  • 10.7. If you have any questions or complaints regarding these TOS or the Platform, please contact us at contact@bitvids.net.