Terms and Conditions / User Agreement

DATED 2025-01-26 · VERSION 20250126_rev01 · COMPARED WITH 20241201_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20241201_rev01 to 20250126_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Effective Date: December 01, 2024
+Effective Date: January 26, 2025
+Last Modified: February 12, 2024
+Last Modified: December 20, 2024
 Sites Covered: [https://xhamster1.desi/](https://xhamster1.desi/)
 ## Introduction
 Welcome to Our Site's User Agreement (hereinafter referred to as the "Agreement" or "Terms and Conditions" or "Terms"). The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. You should, therefore, take some time to read the Agreement carefully.
 .3.6. You agree that You will not use Our Services to publicly discuss any infractions, warnings, or bannings. You must discuss any concerns about such topics with Us directly.
 .3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred euros (100.00 EUR) in additional liquidated damages as well as any costs incurred by Us for each fee incurred.
 .3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws.
+**2.3.9. Account Deletion Due to Inactivity**
+.3.9.1. We reserve the right to delete Your account and all associated data if Your account remains inactive for a period of one (1) year, You have not provided a verified email address and Your account does not have uploaded content (as defined by Us in our sole discretion).
+.3.9.2. Prior to deletion, We will attempt to notify You using possible means of communication, if any. If You fail to log into Your account or provide a verified email address or engage in any other activity on Your account (as defined by Us in our sole discretion), Your account may be permanently deleted.
+**2.3.10. Liability for Breaches**
+.3.10.1. In the event of any breach by You of the Terms or any violation of any law or regulation, or any other event that the Company may deem necessary, including, without limitation, failure to meet Our requirements and/or lack of verification, the Company may take one (or more) of the following actions at its sole discretion and without liability to You, with or without prior notice:
+A) Issue a warning to the User about the breach of the Agreement and request the User to refrain from breaching the Agreement.
+B) Suspend User access to all or a portion of Our Site and Services.
+C) Prevent User from completing any actions via the Site and Services, including closing the possibility to use certain features of the Site.
+D) Delete any content and material that the User (including Member and Verified Member) has made available on Our Site and Services.
+E) Not to allow the publication of any content and material that the User (including Member and Verified Member) may be able to upload to the Site.
+F) Ask the User to complete the additional verification and any additional actions that may appear on the Site interface in order to continue to use the Site and Services in its full functionality.
+G) Suspend all payments to You, if applicable.
+H) Terminate access of the User to the Site and Services, delete or deactivate Your Account and all related information in such account.
+I) To publish on the Site any related informational message that the Company deems appropriate.
+J) To inform any relevant authorities.
+K) To commence and prosecute any legal proceedings.
 **2.4. Fraudulent Use of:**
 .4.1. **Stolen Cards:** We take credit card fraud very seriously. If we suspect that a Member has used a stolen or fraudulent credit card, this will result in the notification of the appropriate law enforcement agencies and termination of such Member's account.
 .4.2. **Stolen or Fake IDs:** We take ID fraud very seriously. If we suspect that any Member has used a stolen or fraudulent ID in the process of Member verification or co-performer verification pursuant to Creators' Program features, this will result in the notification of the appropriate law enforcement agencies and termination of such Member's account.
 .2.35. Create a username, that consists only of keywords and categories, that are usually used for search optimization in the industry. It is also prohibited to exploit search engine optimization in order to obtain more views and popularity of Your profile and interfere the work of the Company's search optimization;
 .2.36. Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
 .2.37. Provide personal contact information, such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
+.2.38. Use all the content and materials available on our Site for the purpose of use with, training of and improving any third-party machine learning and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative or another type.
 **5.3. Restrictions on Interactive Communication Mediums.** The Site is intended to act as an avenue of communication and provide enjoyment to its Members. The Site may supply various opportunities to its Members to facilitate such communication via forums, discussion boards, blog-type publications, commenting features and other interactive chat capabilities.
 .3.1. **Fraud and Scam Warning.** The Site has no way of determining the validity of any communication that You receive from another Member or the legitimacy of the person behind such communications. You expressly understand and agree that if any other Member or individual You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is highly likely a scam or a fraudulent scheme and You are at a very high risk of being defrauded. We strongly suggest reporting this along with the username of the requesting Member immediately using our [Contact us / Single point of contact](https://xhamster1.desi/info/contact) and reporting this to Your local law enforcement authorities.
 Please be advised that the reference to the "Company" in this section and throughout the Agreement refers to the operator of the Website, which is:
 .2.4.2. You give the Company the right to reproduce Your photographs, videos and content in digital form of display on the Internet (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);
 .2.4.3. You give the Company the right to adapt, modify, or alter Your photographs, videos and content or otherwise create derivative works based upon Your Content; and for all other reasonable promotional or commercial uses either as part of the operation of Our Site(s), or as a promotion or operation of any derivative or related businesses.
 .2.4.4. You understand that the license granted by You to Your submissions terminates within a timeframe defined in the agreement that You sign to participate in the Creators' Program.
+**6.3.** Any of Your submissions are compliant with all applicable laws, including but not limited to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide such documents as required upon Your Verification and/or Content submission.
+**6.3.** By submitting any content to the Site, You grant Us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content and materials in connection with the Site, Services, and Our business, including without limitation for use with, training of and improving Our machine learning and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative or another type.
+**6.4.** Our Company respects the intellectual property rights of all parties and has implemented a [Copyright infringement / DMCA Policy](https://xhamster1.desi/info/dmca). While Our Company is not based in the United States of America, We voluntarily comply to the provisions of the Digital Millennium Copyright Act ("DMCA"). In addition, we have provided the ability to submit a notice of copyright infringement to us in accordance with the provisions of the DSA. Our Copyright infringement/DMCA Policy has a strict procedure for removing content that allegedly infringes upon intellectual property rights. If you believe your intellectual property rights have been violated, please follow the procedure outlined in our [Copyright infringement / DMCA Policy](https://xhamster1.desi/info/dmca).
+**6.4.** Any of Your submissions are compliant with all applicable laws, including but not limited to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide such documents as required upon Your Verification and/or Content submission.
+**6.5.** The Site does not endorse any Member submission, and expressly disclaims any and all liability in connection with Member submissions. The Site does not permit copyright infringing activities or infringement of intellectual property rights on the Site, and reserves the right, without being obliged to do so, to promptly, and without an obligation to provide any prior notice, remove all content and Member submissions, if properly notified in accordance with Our Copyright infringement/DMCA Policy of copyright infringements of a third party's intellectual property rights. We reserve the right to terminate the member access and/or privileges of repeat infringers.
+**6.5.** Our Company respects the intellectual property rights of all parties and has implemented a [Copyright infringement / DMCA Policy](https://xhamster1.desi/info/dmca). While Our Company is not based in the United States of America, We voluntarily comply to the provisions of the Digital Millennium Copyright Act ("DMCA"). In addition, we have provided the ability to submit a notice of copyright infringement to us in accordance with the provisions of the DSA. Our Copyright infringement/DMCA Policy has a strict procedure for removing content that allegedly infringes upon intellectual property rights. If you believe your intellectual property rights have been violated, please follow the procedure outlined in our [Copyright infringement / DMCA Policy](https://xhamster1.desi/info/dmca).
+**6.6.** This Website reserves the right, but not the obligation, to assist You with the safeguarding Your copyrights. In the event that any of Your Content is illegally uploaded on another platform, website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You maintain the right to use any means necessary to protect Your Content from copyright infringement.
+**6.6.** The Site does not endorse any Member submission, and expressly disclaims any and all liability in connection with Member submissions. The Site does not permit copyright infringing activities or infringement of intellectual property rights on the Site, and reserves the right, without being obliged to do so, to promptly, and without an obligation to provide any prior notice, remove all content and Member submissions, if properly notified in accordance with Our Copyright infringement/DMCA Policy of copyright infringements of a third party's intellectual property rights. We reserve the right to terminate the member access and/or privileges of repeat infringers.
+**6.7.** For the purposes of this section, "nudity" is the imagery of nude adults depicting female or male genitalia, anus and/or fully nude close-ups of buttocks or uncovered nipples.
+**6.7.** This Website reserves the right, but not the obligation, to assist You with the safeguarding Your copyrights. In the event that any of Your Content is illegally uploaded on another platform, website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You maintain the right to use any means necessary to protect Your Content from copyright infringement.
+**6.8.** For the purposes of this section, "nudity" is the imagery of nude adults depicting female or male genitalia, anus and/or fully nude close-ups of buttocks or uncovered nipples.
 As an exception to the rule included in section 6.1. of these Terms, according to which only Verified Members may submit material to Us, all Members may upload a main photo on the Site as an avatar using the "edit profile" section. To upload a main photo as an avatar (main photo/s), the Member shall understand and warrant the following:
+.7.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in these Terms.
+.8.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in these Terms.
+.7.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly available.
+.8.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly available.
+.7.3. The Site does not permit any non-Verified Members to upload a main photo depicting any nudity, erotic, drugs (the drugs themselves and the persons under influence of drugs), gore/blood, weapons, guns, advertisement (URL, QR codes, telephone numbers), minors, and other inappropriate content defined at the Company's discretion.
+.8.3. The Site does not permit any non-Verified Members to upload a main photo depicting any nudity, erotic, drugs (the drugs themselves and the persons under influence of drugs), gore/blood, weapons, guns, advertisement (URL, QR codes, telephone numbers), minors, and other inappropriate content defined at the Company's discretion.
 The Company reserves the right to moderate all avatars (main photos) uploaded to the Site by Members in order to verify the compliance with these Terms. Such moderation may be carried out with the assistance of third parties that specialize in moderation and verification services. By uploading the avatar (main photo/s), the Member authorizes the Company to transfer it to the third party for the purposes of moderation and verification.
+.7.4. The avatar (main photo/s) must comply with this Agreement. If it does not, We reserve the right to delete it without providing any prior notice and close Your account.
+.8.4. The avatar (main photo/s) must comply with this Agreement. If it does not, We reserve the right to delete it without providing any prior notice and close Your account.
+**6.9.** We reserve the right, at our sole discretion and in compliance with applicable laws, to identify and moderate content submitted to the Site that may be AI-generated or AI-manipulated (including without limitation the content that maybe be AI-generated or AI-manipulated using all possible tools and software) and label such content as potentially AI-generated or AI-manipulated. Such content is subject to the same rules as any other content under these Terms and our other internal rules and policies.
 ## 7\. Stipulated Liquidated Damages:
 **7.1.** In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
 **7.2.** For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred euros (100 EUR) per occurrence. You specifically agree to pay this one hundred euros (100 EUR) in liquidated damages.
 **11.3.** Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not necessarily constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Site, but are for Your convenience.
 **11.4.** You hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Site or via the Services. We reserve the right to terminate any link or linking program at anytime.
 ## 12\. Trademark Information:
+**12.1.** The name of the Site is considered a service mark owned by Us. We aggressively defend Our intellectual property rights.
+**12.1.** The name of the Site is considered a service mark owned by Us. We actively defend Our intellectual property rights.
 **12.2.** Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
+**12.3.** All of the marks, logos, domains, and trademarks that You find on the Site and Services may not be used publicly except with express written permission from Us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Us.
+**12.3.** You acknowledge and agree that We own all rights, title, and interest in and to all trademarks, service marks, trade names, slogans, logos (past, current, and future), and other indicia of origin that appear on or in connection with the Site and Services. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of Our trademarks in any way without Our prior written consent. We reserve the right to terminate Your account and take appropriate legal action if You violate this provision.
 ## 13\. No Agency Relationship:
 **13.1.** Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind. The rights and obligations of the Parties shall be limited to those expressly set forth herein.
 ## 14\. Notice: