Terms of service

06/06/2023

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Welcome to onlysafe.com (the “Website”), an adult entertainment website. We are very happy to have you here with us, so relax and enjoy. Nevertheless, we need to ask you to respect our household rules.

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0.- ADULTS ONLY AND NATURE OF THE PLATFORM

I. ADULTS ONLY

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II. SERVICE DESCRIPTION

A) The Platform

The Platform and its website (as defined hereunder) is an online Platform that provides social media services (in particular live-streaming services) where anyone accessing the Platform (whether a “Community Member” or a “User”) can create and share online with other Community Members live streaming, audio, videos and chats, that may include, at the Community Member’s election, adult content. The Platform allows for the live streaming of this content and the interaction and enjoyment of the Community Members by supplying the software needed for the on-line transmission of this content. Community Members, whether they can or can not receive tokens, depending on the nature of their account, are free to live broadcast through the Platform, but always following the restrictions set forth in these Terms, which have been laid out in order to comply with the applicable law, community standards and for the security and safety of all our Community Members. Subjected to these laws, rules and standards, Community members may produce and broadcast (or not broadcast) whenever they see fit, and they can set their own rules regarding the viewing of their content by other Community members. Community Members are also free to use other broadcasting platforms, both at the same time or when they are not using ours, provided that they do not, through our platform, promote and publicise any other entity, product, service or website offering live-streaming services.

By accessing this Website you understand that you may see graphic depictions of nudity, exposed genitals and people involved in explicit sexual activities consisting of people of different genders, people of the same gender, as well as sexual acts involving more than 2 people. By accessing and/or using the Platform, you explicitly acknowledge that you wish to view such content. Upon accessing the website onlysafe.com, these terms and conditions (these “Terms”) are part of the binding agreement between you (“you”) and Virtual Technology Stack Inc (the “Company”). If you do not wish to be bound by these Terms you must immediately leave this Website and not access it again for any reason. There is no fee to access the Website and to see some of the content and enjoy some of the features of the Website, but Community Members must create an Account (defined below).

Those Community Members eligible to receive tokens from other Community Members in their accounts are referred to as “Independent Creators”.

In these Terms, the use of words such as “us”, “ours”, “we” or similar wording in the 1st person indicate the Company, The use of terms “you”, “yours” or similar wording refers to you, to the Community Member and/or to the Independent Creator that acces or uses our Website. By accessing and/or using our Platform, you agree to be bound by these Terms.

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You hereby acknowledge that in case we detect any inappropriate content or any content that does not comply with our terms and conditions, whether through our monitoring tools and systems, our trained team or from a user’s notification, such content will be immediately deleted without notice. And we will take the appropriate measures to ensure it will not be published again at our site.

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The illegal content may be reported to the authorities or the processing bank to take the corresponding legal actions.

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We dispose of a dedicated email box, informed at our Terms & Conditions, to let any user report illegal or inadequate content, content that may somehow violate our Terms and conditions, illegal activities and/or suspicion of abuse: [email protected]

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If the content you post is intellectually owned by a third party and they file a complaint with the website (or even if they decide to take legal action), the Company will facilitate all the necessary information and perform the necessary actions requested by the authorities to resolve the claims in favour of the content creator.

The Company may change this agreement on one or more occasions by updating this website. At the top of this page you will find when this agreement was last updated. Changes will operate from the “last update” date indicated at the top of this page. Changes will not operate retroactively. We will try to let you know if there are any changes to this agreement if it is reasonably feasible for us to do so, but you should frequently check this page to make sure that you are operating under the latest version of this agreement. The Company will consider your continued use of the Website after it posts the changes to this Agreement as your acceptance of such changes, even if you do not read them. If you do not agree to these changes, please leave this Website.

If you have any questions regarding this agreement or any other questions or comments on the Website, please contact us at [email protected]

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B) ZERO TOLERANCE POLICY REGARDING CHILD PORNOGRAPHY AND CHILD EXPLOITATION

It is strictly prohibited, not only by these Terms and Conditions but also by the law, to depict any minors (or adults pretending to be minors) in this Platform. We have zero tolerance for any image of any minor being uploaded, streamed, distributed or referenced on our Platform.

Generating, sharing, downloading, viewing or even discussing any kind of sexual content depicting or involving minors in any way is a serious criminal offense that both the Platform and the Users have the duty to report immediately. Such conducts will be dealt with in the harshest manner possible.

Therefore, any pornographic content involving minors is strictly prohibited. Only content involving consenting adults and geared towards other adults is permitted. If you see any real or simulated content representing minors involved in any kind of sexual activity on our Website, report to us immediately at [email protected]. Make sure to include all evidence in your report, including the date and hour of identification. We will immediately go through all the reports and take the appropriate measures. We fully cooperate with any law enforcement agency that deals with child pornography.

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C) NO PROSTITUTION OR ESCORT SERVICES

It is strictly prohibited to use this Platform and all its interactive services in any way to engage in, participate in, assist, support or facilitate any act of prostitution, escort services or sex trafficking. Therefore, it is strictly prohibited to the Users, Community Members and Independent Creators to arrange any in-person meetings for purposes of sexual activity, escorting services and for hire in general, via the Platform.

If you see any evidence of prostitution, sex trafficking and / or escorting proposal on the Platform, please notify us immediately at [email protected]. Be sure to provide all evidence in your report, including the date and time of the identification. We will immediately review all reports and take appropriate action. We will terminate the account of anyone who engages in such situations and will report to the appropriate authorities anyone suspected of being involved in facilitating or promoting the prostitution of another person or being involved in any way in sex trafficking. We fully cooperate with any law enforcement agency dealing with prostitution, escorting services and sex trafficking.

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D) OFF-PLATFORM LEGAL ENCOUNTERS

Other than the foregoing, we do not condone, recommend, or promote lawful interaction with any Community Member outside of the Platform. You acknowledge and agree that you do so at your own risk, exonerating the Platform from any consequences for your choice. Furthermore, you hereby understand that we cannot and will not intervene in any matter or dispute that takes place outside of the Platform.
There is a real risk inherent in encounters with strangers. Profiles can be deliberately fake with dark intentions. Protect yourself from unnecessary exposure that can give rise to a false sense of trust, by avoiding sharing through your profile, voice, images, chat or any other means, personal data such as your last name, address, email or telephone.
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III. SEXUAL NATURE OF THE PLATFORM

In visiting our website or using our Platform you may encounter content that may be considered sexually explicit, offensive, indecent or morally objectionable, and that might involve people of different genders, people of the same gender as well as more than 2 individuals. You fully acknowledge that you willingly and voluntarily wish to see such materials and assume all risks and consequences arising out of your use of the service.

Furthermore, you acknowledge that the sexually explicit material in this website will be for your own personal use (provided you are allowed to by law), that you will not expose any minors to it and that you will actively prevent any minors from accessing it.

You acknowledge as well that all the personal information provided by you is up to date, complete and accurate. Failure to do so shall constitute a breach of these Terms and Conditions and therefore unauthorized access to our website, which could result in immediate termination of your account and subject you to any legal consequences stipulated by any applicable law.

Section 230 of the Communications Decency Act. This Platform is pushed forward by users. Interactive Platform with content provided by Independent Creators, and in accordance with Section 230 of the Communications Decency Act, we are immune to legal claims for content posted on the Platform for Independent Creators and Users. Therefore, we are not responsible of the content posted by Independent Creators and Users.

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1.- MEMBERSHIP AND ACCOUNT

I.- MEMBERSHIP ELIGIBILITY

Before visiting our Platform and becoming a Member of the Community you warrant the following:

a) By visiting the Platform and having access to the content shared in it you are not contravening any national or regional law related the the creation or use of adult-oriented content.

b) You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.

c) You are voluntarily choosing to proceed with your use of the Platform because you want to view, read or hear content including, without limitation, of an explicit sexual nature in your own personal interest.

d) You are familiar with the standards in your community regarding acceptance of sexually-oriented materials.

e) You will not violate any legal rights of any other Member or User or of any other third party.

f) You will follow all applicable laws

g) You will not violate any provision of these Terms.

h) You will not share the contents of this Website with a minor nor will you make them available to any minors.

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II.- MEMBER ACCOUNT. USERNAME AND PASSWORD.

In order to access the non-public aspects of the Platform you must create an account (your “Account”). In doing so, you will be prompted to create a username and a password, and if you wish to become an Independent Creator you will be required to enter certain personal information which will identify you. If you want to enjoy some of the features of the Platform, such as its payment features, you will be asked to provide us with a payment method. As indicated in our Privacy Policy, this information will be received and kept by an external payment processor which, subject to its terms, will store your payment information for future use through our Platform.

Please note that it is strictly prohibited to use any username that may falsely represent you as someone else or that may be a specific reference to real people, or a username that may somehow be deemed offensive or otherwise inappropriate. We reserve the right to terminate your account at any time or to make you change your username if we consider your username to be too revealing of someone’s identity.

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III. SECURITY OF YOUR ACCOUNT

You are the sole responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that might occur under such username and password, including without limitation any unauthorized access to the Website caused or somehow facilitated by any acts or omissions.

You agree to immediately notify us of any unauthorized use of your username or password and to ensure that you log out of your Account each time you stop using the Platform to prevent, among other things, any minors from accessing the Website’s content.

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IV. LICENSE TO ACCESS THE PLATFORM

You are hereby granted a limited, non-exclusive license to access and use the Platform according to these terms and conditions and other regulations. You may not, however, download, sell, rent, or reproduce in public any of the User Content you have access to except as expressly authorized by the Independent Creator and always as permitted by the rules and restrictions of the Website.

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V. LIABILITY

You are the only person legally responsible for all activities conducteed through your Account, and you will be considered the author of such activities unless you report to the Website. If you suspect that your Account is being used by a third party, it is your duty to immediately report to the Platform; your failure to do so within 15 days following any action will result in you being effectively considered the perpetrator of such actions, both within the Website and in any legal actions the Platform or any other party might take.

Shared Accounts:

In the case of Accounts with more than one age-verified user, the person solely responsible for the Account will deemed to be the one whose email address is associated with the Account, unless there is payee information associated with it, in which case the payee will be deemed to be the one in control of the Account. Please understand that the person deemed to be in control of the Account will have full access and control over all information associated with it.

Material changes to the account (including changes to the email address or the payee information associated with it) may only be made at the request of the person deemed to be in control of the account.

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VII. COMMUNICATION PREFERENCES:

By registering for an account, you consent to receiving communications from the Platform relating to your account (for example, but not limited to: confirmation emails, changes in your password, transactional information…) in the form of emails to the email address linked to your account. You acknowledge that any notices, agreements, disclosures or communications sent to you electronically by the Platform will satisfy any legal communication requirements, including that these communications be in writing. You acknowledge as well that communications you receive from the Platform may contain sexually-explicit material and/or sexually-related information.

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2.- CONTENT

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We monitor the content sent through the platform, whether it is public or private content.

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I. PROPERTY OF THE CONTENT. INTELLECTUAL PROPERTY. DIGITAL MILLENNIUM COPYRIGHT ACT.

All materials submitted and/or streamed by Users through the Platform and created by such User (“User Content”) is and shall remain the property of the User who created it.

Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Website which portray “actual sexually explicit conduct”, “depictions of the genitals or pubic area”, or “simulated sexually explicit activity”, as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under 18 U.S.C. §2257, and any such postings must contain a “18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.

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II. LICENSE TO USE THE CONTENT

However, by submitting any Content to the Platform you grant the Platform and its affiliates the royalty-free, worldwide, non-exclusive, irrevocable, sublicensable and transferable right to use, reproduce, distribute, display, modify, adapt, translate and create derivative works from the Content, in whole and in part.

You also expressly grant each User a license to use the Content according to the terms stated in this document and in other documents that may apply to the case.

Onlysafe introduces an advanced content protection service. While Virtual Technology Stack Inc. strives to safeguard all processed content, we cannot guarantee complete prevention of unlawful copying. Users acknowledge that Virtual Technology Stack Inc. and its partners are not liable for the potential damages caused by eventual unauthorized replication.

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III. CONTENT SUBMISSION GUIDELINES

Any content submitted and/or streamed through the Website must comply with the following guidelines.

You must not submit content that you did not create, own, or to which you do not have the legal right to submit.

User content must not:

a) Contain any defamatory, illegal, indecent, abusive, offensive, violent, hateful or harassing content;

b) Promote violence or discrimination based on race, sex, religion, sexual orientation, nationality, ethnicity, religious beliefs…;

c) Promote actual paedophilia or any kind of role play remotely related to it;

d) Violate any international, national or regional legal rights;

e) Infringe any copyright, trademark, patent or other intellectual property rights;

f) Contain any kind of software designed to destroy or limit the functionality of any other computer software or hardware;

g) Contain any content that might lead to or resemble any kind of identity theft;

h) Involve any commercial activities not specifically authorized by the Platform, such as promoting or advertising third-party products, sites or services similar or entirely different to ours;

i) Request money from or somehow defraud other Performers and Users

k) Request or depict personal information of any person;

l) Give the impression that it emanates from or is endorsed by the Platform or any other person, if there is no written consent given by the Platform or this third person

We recommend your content not to include:

a) Any kind of personal information or that you would like to keep private. Remember that all the content submitted to the Website becomes public and that therefore anyone could potentially have access toit.

Any content submitted and/or streamed through the Website must also comply with the following Code of Conduct

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IV. PUBLIC INFORMATION

All the content you release through the Website (including, but not limited to, streaming, videos, pictures, chats…) automatically becomes public information. Remember that we are not responsible, and we do not have the means to ensure the security of the content and/or information you decide to share. Therefore, you release us from any liability in connection with the content(s) and or information(s) you decide to share with or you receive from other users. We strongly recommend that you limit the information you share.

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V. NO ENDORSEMENT OF USER CONTENT

This Platform does not endorse or recommend, user content streamed or otherwise shared through the Website; therefore, we hereby disclaim any liability with respect to the User Content.

We cannot ensure the security or privacy of the content you release through our Website (through streaming, videos, pictures, chats…). Remember that all the content you decide to share automatically becomes public information.

However, we will remove any illegal User Content when we are properly notified of the existence of such content. Therefore, it is the Users’ obligation to report any content they may suspect to be illegal at the earliest opportunity. Failing to do so might result in legal liability for them.

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VI. REMOVAL OF USER CONTENT

You may request the removal of User Content belonging to you by contacting us at [email protected]. However, remember that the content will be removed from your Account, but not from the Accounts of any Users that might have acquired such content prior to the date of your request. Moreover, you must understand that one or more other Users may have copies of or notes regarding such contents, and we are unable to delete them in any case.

Due to legal reasons, we may retain copies of the User Content that will not in any case be made available to the public.

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3.- BILLING

Community Members may choose to deposit money in the Platform, which will then be converted into tokens, which may in turn only be used within the Platform as the Community Member sees fit, including for instance for tipping Independent Creators. All tips are final when sent. Refund policy: As a general rule there will be no refunds. May any problems arise during the payment process, or in the event the tokens have not been used yet, you can reach out to our customer service with a detailed explanation of your situation so that we can examine it in order to determine your suitability for an eventual refund. All refunds will only be made to the card that was used for the original payment (i.e., no cash or paychecks will be issued). Once your refund is approved, you should get your money back in 10 calendar days.The equivalence between US dollars and tokens will be shown to the User at the time of purchase. In the event that we receive a complaint about a tip after it has been sent we may, at our election and with no obligation to do so, forward the complaint to the other party so that they have the chance to submit their own allegations. You are prohibited from providing “tips” in exchange for the performance of specific acts. Requesting or demanding specific acts or tips may result in all parties involved being banned from the Platform. Independent Creators are prohibited from requesting any type of off-Platform payments; the Platform may, however, from time to time and at its sole discretion, allow Independent Creators to post links to wish lists. By providing your payment information, you expressly consent to the use of third-party payment processors in order to facilitate all transactions you may choose to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please contact us immediately. If we do not hear from you within 15 days after such error first appears on any account statement, such fee will be deemed to have been accepted by you for all intents and purposes, including the resolution of inquires made by your credit card issuer. You exonerate us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 15 days of its publication. We reserve the right to impose transaction limits on Community Members based on a variety of factors including, without limitation, seniority of membership on the Platform, location, changes in access to the information, and amount of refund requests made by the Community Member. Please note that fraudulent behaviours especially within the framework of special offers, including creating multiple accounts in order to take advantage of such offers, is a violation of these Terms. Community Members may withdraw unused money deposited in the Platform by contacting customer support, except in case of money charged by third parties in connection with the initial and refund transactions. We reserve the right to delete and invalidate the tokens of any Community Member’s account that hasn’t been accessed or used for over a year. The correspondence between dollars and tokens will be shown to the User at the time of the purchase.

Videos and Images offered by Community Members. Community Members, including Independent Creators, may create or otherwise make available videos, photographs or any other kind of content on which they own intellectual property rights or that they are somehow allowed to use (“Member Content”). By making such Member Content available, you realize that once a Community Member acquires that content through their Community Member’s Account on the Platform they have simultaneously acquired the right to a perpetual and irrevocable license to access and view such Content through the Platform. Regarding any Member Content that you choose to acquire through the Platform you acknowledge and agree: (i) that we are neither the creator nor the source of such Member Content; (ii) that we simply provide a Platform where the Community Members may create and share Member Content with other Community Members; (iii) that the Community Member who published the content is the only responsible for any claims or liabilities associated with, arising from, or in any way related to such content; (iv) that your purchase or use of any kind of Member Content is solely at your own risk and discretion; and (v) that you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims, demands, damages or liabilities associated with, arising from, or in any way related to the member Content. We have the absolute right to remove any Member Content that we believe, at our sole discretion, that may violate any law or these Terms. In the event you may provide tokens to an Independent Creator in exchange for some Member Content, you agree and understand that these tokens will in all cases be provided as a gratuity notwithstanding any request made by the Independent Creator, and you further understand that such tokens will not be refunded under any circumstances.

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4.- DELIVERY POLICY

The service is provided immediately after payment, giving access to premium web content. All content is distributed exclusively through the website.

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5.- CHARGEBACKS

If a chargeback occurs by a user, we can investigate it and if it is found illegitimate or in bad faith, we will proceed to block, even delete, the account of the user who produced the chargeback. The amount of the chargeback will be deducted from the earnings of the content creator, in the event that that purchase involves an affiliate, the corresponding part will also be deducted from their earnings.

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6.- TERMINATION OF YOUR ACCOUNT

I. TERMINATION AT YOUR REQUEST

You may terminate your Account and/or any of your memberships at any time by contacting our customer support service.

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II. TERMINATION AT OUR DISCRETION

We may, at our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or for not reason at all, including but not limited to, the breach of this Agreement or your performing of any activity which we believe to possibly be illegal or fraudulent, in which case we reserve the right to refer any such activity to any appropriate law enforcement agencies.

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III. EFFECTS OF TERMINATION

In the following 30 days after your request to terminate your Account, or immediately if the Account is terminated at our discretion, you will automatically cease to have access to your Account, including all the Creator Content and any other information you might have stored there.

Upon termination of your Account we have no obligation to maintain or store any content, mail other materials connected to or in your Account and that such information may be irretrievable.

Remember that in the event your Account is terminated, whether it be at your request or at our discretion, there will be no refunds, so we strongly encourage you to just deposit the money amounting to the number of tokens you are willing to spend in the short term.

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7-. CODE OF CONDUCT

You understand that we do not create or publish content. Instead, we simply provide a Platform give others the possibility to share their own content, which they have all rights and permissions to share. We work to implement only minimal rules intended to respect the rights of others and comply with applicable law, so that the Platform remains a safe location for Independent Creators and Users to express themselves. These community rules are guidelines for what is permissible through the Platform and are subject to change.

a) You will not depict or in any way promote:

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎1) Child pornography or prostitution.

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎2) Rape (or any simulated or other depictions of rape).

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ 3) ‎Incest (or any simulated or other depictions of incest).

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎4) Bestiality (or any simulated or other depictions of bestiality).

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ 5) ‎Depictions of scatology, vomit, or menstrual blood, whether real or simulated.

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎6) Content that could colloquially be described as “goatse” or “bukkake”.

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎7) Any actions or material that are considered obscene or illegal in your place of residence.

b) You will not harass, stalk, abuse or threaten other Users or Independent Creators.

c) You will not disrupt the normal flow of dialogue in a chat room or on a message board.

d) You will not record or rebroadcast any streaming video feeds or chat sessions.

f) Off-Website Meetings are strongly discouraged, and the Website shall not under any circumstances be used to arrange or facilitate such meetings. If you manage to set an off-Website meeting it will be at your own risk, and you acknowledge that we are not responsible for any consequences that may arise from your actions. Furthermore, we cannot and will not intervene in any matters or disputes which take place outside of Website. However, if you have the intention of meeting or somehow communicating with other Users or Broadcasters outside of the Website, please consider that:

‎‎‏‏‎ ‎‎‏‏‎ ‎‎‏‏‎ ‎‎‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎a) Anyone who is able to commit identity theft can also falsify a user profile.

‎‎‏‏‎‎‎‏‏‎ ‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎b) Never include your personal information (such as your last name, email address, home address, phone number, workplace, place of birth…) in your communications with the other person.

‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎‎‎‏‏‎ ‎ ‎‎‎‏‏‎ ‎c) Always tell someone you can trust about your location and when you will return.

‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎‎‎‏‏‎ ‎d) Never agree to be picked up at home and always provide your own transportation to and from the meeting.

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8.- CONTESTS

We may occasionally organize contests and competitions in which you may be permitted to take part. You will find each contest's particular rules on the Website several hours or days prior to it and during for the duration thereof.

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9.- USER INDEMNITIES

An indemnity is your obligation to cover us for certain losses, whether monetary or otherwise, relating to or arising out of certain actions performed by you (or for which you are liable as the responsible of your Account).. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide for and protect the Platform. You hereby agree to indemnify us for any and all claims and losses, whether actual or not, including without limitation, our reasonable attorneys’ fees and costs with respect to any claim relating to or arising out of your use of the Platform that violates these Terms or any applicable law. Again, if you do not agree to these Terms, you may not access or use the Platform and should immediately exit the Platform.

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10.- INFRINGEMENT AND THE DMCA

We respect the creative efforts of Independent Creators, Users, and third parties and have no tolerance for anyone’s use of a third party’s intellectual property without such third party’s express permission. If you are a copyright owner and believe that your work has been copied or in any way distributed or shared through someone’s use of the Platform in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform’s Designated Copyright Agent the following information:

a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b) description of the copyrighted work or other intellectual property that you claim has been infringed;

c) a description of where on the Platform the material that you claim is infringing is located;

d) your address, telephone number, and email address;

e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f) a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the g) copyright or intellectual property owner’s behalf.

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Send your Notice of Claimed Infringement to:

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Virtual Technology Stack Inc

6166 S. Sandhill Road Suite 122

Las Vegas NV 89120

[email protected]

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Do not send other inquiries or information (other than Notices of Infringement) to our Designated Agent. Any other inquiries should be sent to [email protected]

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Infringement Counter-Notice:

If your User Content was removed (or access to such User Content was disabled), and your User Content is not infringing, or if you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may provide a counter-notice containing the following information to the DMCA Agent listed above:

a) Your physical or electronic signature;

b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Reno, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

e) If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

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11.- DATA PROTECTION

This Platform complies with the General Data Protection Regulation, which is the European regulation regarding data protection. Therefore, please note that you have the rights to be informed, of access, rectification, erasure, the right to restrict processing, the right to data portability, The right to object to data treatment and rights in relation to automated decision making and profiling. For further information, please refer to our data protection policy.

12.- CONTRACTUAL PENALTY

For every case of contravention of one of the prohibitions specified in 2 section, (Content) point III “Terms of service for the use of Onlysafe.com”, the Creator shall be liable to pay a contractual penalty to the Provider – excluding the plea of continuation – the amount of which can be determined by the Provider according to its equitable discretion and the appropriateness of which can be reviewed by the competent court in the event of doubt.
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13.- MISCELLANEOUS

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I. AFFILIATE PROGRAMMES

Registered Users may be eligible to participate in our affiliate advertising programmes and potentially earn money based on the number and quality of registered users referred to the Website. For more information, please refer to this Affiliates Document, which is hereby incorporated by reference and therefore made part of these Terms.

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II. LINKS TO OTHER SITES

We may have links to other websites operated by independent third parties. These websites are not operated by us and we are not responsible for any content or links they provide. Our linking to any third-party sites is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such site. When you access a link to another site, you are leaving the Platform and accessing the third-party site at your own risk. Other sites will have their own terms, privacy policies and procedures and may contain malicious or destructive code, viruses, malware and other tracking cookies. You should ensure that your device is adequately protected. WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR ACCESSING ANY THIRD PARTY LINKED SITES.

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III. PROPRIETARY INFORMATION

Elements of the Platform contain proprietary or confidential information that belongs to us. We assert full copyright protection in the Platform, including all of the design and code embodied therein. Any information shared or posted by us or by Independent Creators or Users may be protected whether or not it is identified as proprietary to us or to the sharing Independent Creator or User. You will not modify, copy, or distribute any information on the Platform without the express written permission of the owner of such information and may not use any automated means to scrape, download or otherwise collect any data or content from the Platform including, without limitation, robots/bots, crawlers, or data mining tools.

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IV. DISCLAIMER OF WARRANTIES

The Website is provided on an “as is” and “as available” basis. We do not warrant that the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Website. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website by us or by any User or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The site may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us at [email protected].

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V. LIMITATION OF LIABILITY.

WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY UNUSED PORTION OF THE TOKENS YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF TOKENS, OR IF YOU VOLUNTARILY CANCELLED YOUR ACCOUNT), OR THE SUM OF $150 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

In any case, the Platform will not be liable for, but not limited to, the following circumstances:

a) Errors, mistakes, or inaccuracies in the content;

b) Personal injury or property damage resulting from your access to and use of the Website or its content;

c) Content (including User Contributions) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;

d) Unauthorized access to or use of the Company's servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;

e) Interruption or cessation of transmission to or from the Website;

f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;

g) Incompatibility between the Website and your other services, hardware, or software;

h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website;

i) Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website

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VI. COMPLAINTS

To resolve or report a complaint regarding the Website, Independent Creators, or other Users, send an email detailing your complaint to [email protected]. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint. You acknowledge as well that we will not be obligated to answer or take any action within any specific deadline.

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VII. CHOICE OF LAW

You agree that these Terms are governed by the laws of Las Vegas, state of Nevada, USA in general and by the laws of the UK for the purchases from the EU/UK particular, without regard to its choice of law provisions.

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VIII. ARBITRATION

You hereby agree that, if we become involved in any dispute relating to or arising out of your use of the Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at [email protected]. The arbitration will be conducted by a designated arbitrator under the applicable rules, including the Consumer Rules, and the Federal Arbitration Act. Payment and fees for the arbitration are governed by the arbitration rules. We will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled to be frivolous. The arbitration will be held in Washoe County, Nevada. Neither party will be entitled to an award of its attorneys’ fees or costs incurred in arbitration, except where the court has ruled that the other party’s claim is frivolous.

Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.

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IX. ENTIRE AGREEMENT

These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will prevail except where expressly stated to the contrary.

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X. SEVERABILITY

These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

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XI. NO WAIVER

If any party fails to enforce a right provided by these Terms, it does not waive the ability to enforce any rights in the future.

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XII. AMENDMENTS

We can change these Terms at any time. In case of major changes or changes that somehow affect your rights, we will let you know by email or by posting a notice on the site 15 days prior to the new Terms going into effect. If you don’t agree to the new Terms, please delete your account within this 15-day period; your failure to do so will result in your Account and your Content being subject to the new Terms.

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XIII. OFFICIAL LANGUAGE OF THESE TERMS

We drafted this agreement in the English language, and therefore no translations into any other languages, whether commissioned by the Company or by any third party, will have any legally binding effects.

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XIV. CONTACT INFORMATION

Virtual Technology Stack Inc

6166 S. Sandhill Road Suite 122

Las Vegas NV 89120