Terms and Conditions

Acceptance of the Terms of Service

Last Modified: February 26, 2024

By accessing, using or visiting www.spicevidsgay.com (this “Website”), any of its Content, functionalities and services, you signify your agreement to these Terms of Service including its policies and related guidelines (for instance, Child Sexual Abuse Material Policy, and Non-Consensual Content Policy) (collectively “Terms of Service”), and our Privacy Notice and incorporated herein by reference.

You may terminate these Terms of Service at any time by deleting your account and refraining from further use of our services.

These Terms of Service apply to all users of the Website, including Content Partners (collectively “you”, “User” or “Users” as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.

“Content” means any file including video, audio, pictures, images, texts, comments, or otherwise we made available or accessible on this Website.

“Content Partners” means users of the Website who contribute to the Content of the Website.

If you do not agree to any of these Terms of Service or our Privacy Notice, please do not access or use the Website.

You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.

Ability to Accept Terms of Service

This Website contains age-restricted materials including nudity and explicit depictions of sexual activity. You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If subscriber is under the age of 18 years, or under the age of majority in the location from where access to this Website is attempted, subscriber does not have authorization or permission to enter or access any of its materials. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit Content. If subscriber is under the age of 18 years, or under the age of majority in the location from where access to this Website is attempted, subscriber does not have authorization or permission to enter or access any of its materials. If subscriber is over the age of 18 years or over the age of majority in the location from where access to this Website is attempted, subscriber hereby acknowledges and understands the explicit sexual nature of the materials available on this Site and agrees to comply with these Terms of Service.

You also understand and agree that upon accessing or creating an account, you may be asked to prove or verify your age. If you are unsuccessful (i.e., you are found to be under eighteen (18) years of age or the age of majority in the location where you are attempting to verify from) or unable to do so, your access or purchase will be cancelled and a refund may be issued to you, in a discretionary manner. Upon such failure to verify or prove your age we also reserve the right, in our sole and final discretion, to prevent you from entering or re-entering this Website by, for example but not limited to, terminating your account.” For more information on how this information is processed, please review our Privacy Notice.

Changes to the Terms of Service

We may amend these Terms of Service, found at https://www.spicevidsgay.com/legal/tos, from time to time. If we do, we will give you reasonable, advance notice in a transparent manner, in text form, for example via a pop-up notification on the Website when logging on to your account, or via e-mail. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us, in writing and before the proposed effective date of the changes, that you do not agree.

If you do not agree to the changes, you may no longer use our Website after the proposed changes come into effect. In this case, either you or we can terminate these Terms of Service with immediate effect.

Each updated version of these Terms of Service supersedes any prior versions as of the ‘Last Modified’ date found at the top, and any prior version(s) shall have no continuing legal effect.

About The Website

This Website allows for general viewing of adult-oriented Content by registered Users.

This Website may contain links to third party sites that are not owned or controlled by the Website or its operator. The Website has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party sites. You expressly relieve us from all liability arising from your use of any third-party sites you may be redirected to from our Website and accordingly, we encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policies of the third party sites that you visit.

The Website is for your personal use and shall not be used for any commercial endeavor except those we specifically endorse or approve.

The Website is for adult-oriented Content. Other categories of Content may be rejected or deleted in our sole discretion.

You understand and acknowledge that when using the Website, you will be exposed to Content from a variety of sources, and that the Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold this Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of this Website.

Communication Preferences/Single Point of Conduct

By using and registering as a User of this Website, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Website (for example, through the members’ area on this Website upon login to ensure receipt in the event you have unsubscribed from email communications), or in the “My Account” or “My Profile” page and may include notices about your account (such as upcoming payment notifications, change in password or payment method, confirmation emails) and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), dsa@spicevidsgay.com is the designated, single point of contact for communications with recipients of the services offered herein, as well as for European Union Member State authorities, the Commission, and the Board for Digital Services. Please conduct all communication in English or Greek.

For any removal orders pursuant to Regulation (EU) 2021/784 (the “Terrorist Content Online Regulation” or “TCO”), designated competent EU authorities can complete our removal form. After submission of this form, you will receive further instructions by e-mail, which you may respond to with a removal order. For such removal orders, please use the template provided in Annex I of the TCO and conduct all communication in either English or Greek.

Purchasing Content, Subscriptions, Free Trials, Promotion Subscriptions, Billing and Cancellation

Use of Third-Party Internet Payment Service Providers

Payment for subscriptions to this Website can be made by a current, valid, accepted method of payment including but not limited to credit cards, and when available, by debit cards (as such may be updated from time to time, “Payment Method”) and are processed through our third-party internet payment service providers or other payment processors. By purchasing a subscription to the Website, you hereby consent to and agree to abide by such third-party internet payment service providers’ or payment processors’ customer Terms of Service, and policies, and understand that we have no control whatsoever on such customer Terms of Service, and policies. If you cannot agree to such third-party internet payment service providers’ or payment processors’ customer Terms of Service or policies, do not purchase a subscription to the Website.

Subscriptions to the Website

Your subscription to the Website, which may start with a free trial or promotional subscription, will continue unless and until you cancel, or we terminate it in accordance with these Terms of Service. You must provide us with the Payment Method to use our services. The applicable subscription fee will be billed using the Payment Method of your choosing. You must cancel your subscription before it renews in order to avoid billing of the next period’s subscription fees to your Payment Method.

We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. You can find specific details regarding your subscription with us by verifying the email receipt issued upon your sign-up or by contacting us in one of the manners described at https://support.spicevidsgay.com. Some promotional subscriptions may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend, in our sole discretion, our offered subscription plans.

Free Trials and Promotional Subscriptions to the Website

Your subscription to this Website may start with a free trial or promotional subscription. Free trials or promotional subscriptions are for new subscribers. The free trial period of your subscription may last for a fixed period of (two days, three days, seven days, or as otherwise specified during sign-up). For combinations with other offers, restrictions may apply. We reserve the right, in our sole discretion, to determine your eligibility for free trial or promotional subscription.

We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription or at the end of your promotional subscription unless you cancel prior to the end of the applicable period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period or promotional subscription, please verify the email receipt issued upon your sign-up or contact us in one of the manners described at https://support.spicevidsgay.com. We may authorize your Payment Method through various methods, including authorizing it up to an amount equal to or similar to the amount of the monthly subscription fee as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. However, you will not be charged during your free trial period for the subscription fee.

Billing for Subscriptions to the Website

By starting your subscription to the Website and providing or designating a Payment Method, you authorize us to charge you a recurring subscription fee at the then current rate, and any other charges you may incur in connection with your use of our services to your Payment Method.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms of Service, any material price increases to your service will take effect following notice to you.

The subscription fee for our services will be billed at the beginning of the paying portion of your subscription and each period thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each period on or near the calendar day corresponding to the commencement of your paying subscription if your Payment Method allows for automatic billing. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully been processed. If your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem reasonably appropriate. Your renewal date may change due to changes in your subscription. We may authorize your Payment Method in anticipation of subscription or service-related charges. If your Payment Method does not successfully process a charge for a subscription fee, you authorize us to charge you an administration fee up to $2.00 in order to keep your subscription temporarily active until the full subscription fee can be processed successfully, and your full term renewed.

Aylo Billing Ltd, Aylo Billing US Corp., Probiller.com, AyloBill, Vendo, Segpay, WTS, EPOCH, or others (depending on your geographical location) may appear on your credit card statement, bank statement, or phone bill for all applicable charges. If multiple websites are joined utilizing any Payment Method, your statement will list each individual purchase comprising the transaction. Aylo Billing Ltd or Aylo Billing US Corp. may include other information on your statement based on requirements of credit card association, telephone regulation, National Automated Clearinghouse Association (NACHA) or any other mandated rules and regulations. If you elect to use a checking account to purchase a subscription to the Website, a debit will be executed to your checking account.

Taxes

Value-Added Tax or VAT, sales tax or other excise tax may be included in, or added to, the price for subscription fee for the Website depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

Refund Policy

Payments are nonrefundable and there are no refunds or credits for partially used periods.

In the event we terminate your rights to use any of the Website because of a breach of these Terms of Service, you shall not be entitled to the refund of any part of the subscription fees. Additionally, you may be entitled to a partial refund for any unused portion of subscription fees, or subscription extension, should the website be unavailable for an extended period of time. Our decisions about such refunds are made on a case-by-case basis and depend on the facts and circumstances of the particular issue. All refunds are made without admission of liability and care subject to the support of your payment method.

At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers, at our sole and entire discretion. The amount and form of such refund, discount, or other consideration, and the decision to provide them, are in our sole discretion. The provision of such refund, discount, or other consideration in one instance does not entitle you to refunds, discounts, or other consideration in the future for similar instances, nor does it obligate us to provide refunds, discounts, or other consideration in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by contacting our Customer Care in one of the manners described at https://support.spicevidsgay.com. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges, for which you are solely responsible.

Cancellation of Subscription

At any time, and without cause, subscription to the Website may be terminated by either the Website, its affiliates Aylo Billing Ltd or Aylo Billing US Corp., or a registered User upon notification to the other by electronic or conventional mail, by chat, or by telephone. More particularly, a registered User may cancel its account at any time and for any reason, using any of the following methods: email, telephone, chat, or online cancelation For an online cancellation, a registered User may cancel at any time by accessing the Website support page and clicking on “Manage Account” or “Cancel Online” and then clicking on “cancel account” or contacting the Website support via chat or telephone listed on https://support.spicevidsgay.com, or via email by submitting a ticket on https://support.spicevidsgay.com/technical/. For any avoidance of doubts, subscribers are liable for charges incurred until the date of the termination.

Cardholder Disputes/Chargebacks

All chargebacks are thoroughly investigated and disputed and may prevent future purchases with our third-party internet payment service providers given the circumstances. Fraud claims may result in our third-party internet payment service providers contacting your card issuer to protect you and prevent future fraudulent charges to your Payment Method.

Electronic Receipt

You will receive an email receipt to the email provided upon initial registration, as the same may be changed by you over time. You may request a copy of the account of charges to your account, but we cannot guarantee the availability of such records more than 365 days after a subscription or purchase date. Requests must be made directly to Aylo Billing Ltd or Aylo Billing US Corp. To contact Aylo Billing Ltd or Aylo Billing US Corp., refer to our customer care in one of the manners described at https://support.spicevidsgay.com.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

You are responsible for:

making all arrangements necessary for you to have access to the Website, and
ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. To know more about the information required to use the Website please refer to the Privacy Notice. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to, registration through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of the Website using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at support@spicevidsgay.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use.

If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You acknowledge that the Websites reserve the right to charge fees for their services and Websites access and to change their fees in their sole discretion.

Limited, Conditional License to Use Our Intellectual Property

SpiceVidsgay.com, SpiceVidsgay and associated logos and brands are our trademarks and/or service marks. Other trademarks used on the Website, which are not the property of the Website and its affiliates, such as the trademarks associated with third party Content Partners, are the trademarks of their respective owners. You are granted no rights with respect to any of the aforesaid trademarks.

The inclusion of images or text containing the trademarks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person of this Website, of by the Website or vice versa.

The Website and certain materials available on or through the Website are Content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website.

We grant you a conditional, revocable, non-sublicensable, non-transferable, and non-exclusive and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on the Website. Interference with the display of any advertising on the Website, use of ad blocking software to block or disable any advertising while viewing the Website, or use of information obtained from or through the Website to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view the Website and Works and constitutes copyright infringement.

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view the Website whole and intact as presented by the Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on the Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.

You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.

Rules Applicable to All Content Partners on the Website

To upload Content to the Website, you must be registered as a Content Partners.

Content Partners represent and warrant that with respect to all Content on the Website:

the Content does not contravene to any applicable laws and does not subject the Website to any claims, demands, lawsuits, regulatory actions or any actual, potential or risk of liability, or any threats thereof;

it owns the rights to use the Content on the Website and that the Content does not infringe on the rights (including intellectual property rights) of a third party and,

that Content Partner have obtained the consent and release for every individual appearing in your Content, including the right for you to use and upload the Content on the Website;

for every individual appearing in the Content, the Content Partner have carefully ascertained and examined a valid governmental photo identification demonstrating that they are at least 18 years of age on the day they are photographed, filmed or otherwise appearing in such Content (this applies to all individuals, whether identifiable or not, or whether nude or not);

that Content Partner affirms that no individual appearing in the Content has been convicted of crimes relating to sexual assault, sexual exploitation of a minor, trafficking, and other related criminal offences;

That you have maintained the records required under 18 U.S.C. § 2257 et. seq., as modified from time to time in compliance with the rules and regulations set forth in 28 C.F.R. § 75 et. seq., and any other applicable records keeping or age verification laws;

the Content is not a duplicate of another piece of Content uploaded by you or anyone else;

the Content complies with the Website’s Terms of Service and our Privacy Notice.

Failure to comply with these Terms of Services or any related contracts you will enter into with us, or should we determine that any of the statements above is untrue, or not complied with, we may, in our sole discretion, refuse to include the Content or any part thereof or any references to such Content on the Website, remove the Content in question from the Website, forfeit all accrued or pending earnings, cancel all current or pending payouts, terminate your account, and take any measures necessary to minimize or eliminate any liability.

Online Safety Act - Rules Applicable to Australian Users on this Website, If Any

For the purposes of this section:

“Class 1A Material” shall mean any material, by any medium, that depicts, or otherwise contains child sexual exploitation/child sexual abuse, extreme crime and/or violence, or material that is in support of terror and/or acts of terror.
“Class 1B Material” shall mean any material that depicts or otherwise contains crime and/or violence (but not extreme drug or violence), or drug-related material.

Class 1A Material and Class 1B Material may hereinafter collectively be referred to as “Illicit Material”.

Per the provisions of the Online Safety Act (2021) (the “OSA”) Content Partners hereby must ensure and subsequently warrants that:

The Content uploaded or attempted to be uploaded to this Website is in adherence to our Terms described herein.
Any audiovisual content uploaded or attempted to be uploaded to this Website does not contain Illicit Material.
Content Partners reserves the right to and shall take any action it deems necessary in order to limit, prevent, remove, or otherwise moderate any content which infringes the provisions of this section and/or any other, applicable terms. Content Partners shall also ensure, to the extent possible, that you comply with the provisions of this section.
We have a zero-tolerance policy towards the solicitation, access, generation, distribution, or storage of any content that involves the depiction of children or features Class 1A Material in any capacity. All child sexual exploitation/abuse material that we identify or are made aware of will result in the immediate removal of the content in question as well as the immediate removal of its uploader from this Website. Without prejudice to all other rights reserved for action against the above (including account suspension, removal of infringing content etc.), we report all cases of apparent child sexual exploitation/abuse material to the National Center for Missing and Exploited Children.

Obligation for Content Partners to comply with Records Keeping Requirements under 18 U.S.C. §2257.

Content Partners certify that the Content on the Website has been produced and records are being kept in accordance with 18 U.S.C. § 2257 et. seq., and 28 C.F.R. § 75 et. seq., as modified from time to time, and any other applicable records keeping or age verification laws. Upon our request, Content Partners shall promptly deliver us legible copies (as may be lawfully redacted), of valid (as of the date of production of the Content) recognizable governmental photo identifications for any or all individuals appearing in any or all of Content Partner’s Content (demonstrating that each were at least 18 years of age on the day the Content was produced) together with the required identification forms, documents and releases. In this context, when we refer to any and all individuals appearing in the Content, we mean, without limitation, filmed, photographed, or recorded individuals in any way in the Content, whether appearing nude, semi-nude or fully clothed, engaging in simulated or actual sexual intercourse (including solo scenes). We do not accept or accommodate voice over or sounds from persons less than 18 years of age appearing in the background or synced with the Content whether featured or not. Content Partner’s failure to promptly deliver the requested information upon request, may lead to the temporary or permanent suspension of its account. Content Partner will, at its own expense, indemnify, defend, and hold us harmless from, any and all liabilities, losses, damages, fines, fees, penalties, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by us from any claim arising or resulting from your failure or negligence to comply with maintenance of any legally mandated records.

You acknowledge that you are solely responsible for the activity that occurs on your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password. You may never use anyone else’s account, just as no one can ever use yours.

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 specifically waive any such claim and agree to defend and indemnify us against any such claims made against your account by third parties.

To the extent you voluntarily create a user profile to participate in certain select services offered by us, your profile (and its contents) may be searchable by other Users registered through the Website and others partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.

We are not responsible for any Content that violates community standards in your community. If you are seeking information regarding any illegal or inappropriate activities, you agree to leave the Website immediately. We cannot enforce every jurisdiction’s laws for all Content that is posted to the Website. As such, we are not responsible for the Content of the Website.

You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard, you acknowledge that you may not rely on any Content transmitted to the Website.

Content Partners agree and understand that the Website’s operator (and its successors and affiliates) may make use of your Content for promotional or commercial purposes and to render the services pursuant to these Terms of Services. For clarity, you retain all of your ownership rights in your Content.

The Website does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Website will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Website reserves the right to remove Content without prior notice.

Use of Website

You agree that you will only use the Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.

You agree that you will view the Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Website or eliminating any of the Content of the Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age or biometrics verification processes, technologies or security tools used anywhere on the Website or in connection with our services. By using the Website, you expressly agree to accept advertising served on and through the Website and to refrain from using ad blocking software or to disable ad blocking software before visiting the Website.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.

Prohibited Uses and Reporting for Users

If you see any Content you suspect violates applicable law, third party rights, or these Terms of Service, please report such Content to us, using the electronic form available at https://www.spicevidsgay.com/content-removal, or the “Report Content” button available below each piece of content. Further, the Website does not permit any form of revenge porn, blackmail, or intimidation, and such violations may also be reported using the content removal link herein.

We will give due priority to reports submitted by Trusted Flaggers, who have been granted this status by the Digital Services Coordinator of the relevant Member State of the European Union.

You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the Website or use and/or monitor any information in or related to the Website for any unauthorized purpose.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Website or the Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Website. Specifically, you agree not to use any of the Website to:

violate any law or encourage or provide instructions to another to do so;
act in a manner that negatively affects other Users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
use the Website in any way that promotes or facilitates prostitution, solicitation of prostitution, human trafficking, or sex trafficking;
use the Website to arrange any in-person meetings for purposes of sexual activity for hire;
deploy programs, software, or applications designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
deploy or use programs, software or applications designed to harm, interfere with the operation of, or access in an unauthorized manner, services, networks, servers, or other infrastructure;
exceed your authorized access to any portion of the Website;
remove, delete, alter, circumvent, avoid, or bypass any digital rights management technology, encryption or security tools used anywhere on the Website or in connection with our services;
remove, delete, alter, circumvent, avoid, or bypass any age verification processes, technologies or security tools used anywhere on the Website or in connection with our services;
collect or store personal data about anyone;
alter or modify without permission any part of the Website or its Content, including ads;
obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available.

Additionally, you agree not to:

use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website without our prior written consent;
use any manual process to download, monitor or copy any of the material on the Website or for any other unauthorized purpose;
use any information obtained from or through the Website to block or interfere with the display of any advertising on the Website, or for the purpose of implementing, modifying or updating any software or filter lists that block or interfere with the display of any advertising on the Website;
use any device, bots, scripts, software, or routine that interferes with the proper working of the Website or that shortcut or alter Website functions to run or appear in ways that are not intended by the Website’s design;
introduce or upload any viruses, trojan horses, worms, logic bombs, time bombs, cancelbots, corrupted files or any other similar software, program, or material which is malicious or technologically harmful or that that may damage the operation of another’s property or of the Website’s or our services;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website are stored, or any server, computer, or database connected to the Website;
remove any copyright or other proprietary notices from our Website or any of the materials contained therein;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right but not the obligation to take any of the following actions, including pursuant to when we detect, or are notified of, any activity or Content uploaded by a Content Partner to the Website that infringes applicable laws, rights of third parties, or these Terms of Service. When deciding on appropriate action, we consider all relevant factors such as the frequency, severity, and impact of a violation, as well as any measures previously imposed on an infringer:

Issue a written warning to the infringer. Before we temporarily or permanently suspend an infringer’s access to our services following provision of manifestly illegal Content or action by such infringer we may issue a warning to the infringer, provided such warning would not conflict with the purposes of the moderation decision. Examples of misuse that may be sanctioned with a suspension or termination include, but are not limited to, the frequent uploading of Content by a Content Partner that violates applicable law, third party rights, or these Terms of Service, or the uploading of Content by a Content Partner that manifestly and severely violates applicable law, third party rights, or these Terms of Services, such as Child Sexual Abuse Material or revenge porn.
Restrict the visibility or other accessibility of Content.
Restrict the access of, suspend, or terminate a User’s account.
Restricting, suspending, or otherwise terminating a Content Partner’s ability to monetize their Content.
Restricting, suspending, or withholding earnings and payouts.
Report the infringer to law enforcement authorities.
monitor any communication occurring on or through the Website to confirm compliance with these Terms of Service, the security of the Website, or any legal obligation;
take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

If we have reason to believe that Content violates any applicable law, third party right, or these Terms of Service, we may take appropriate interim actions (as described herein), to prevent potential harm to our further investigation. In deciding on the appropriate and proportionate course of action, we will give due consideration to the legitimate interests of the impacted User, any other potentially affected rights holders, and our own legitimate interests. In particular, we will assess the nature of the Content concerned, the gravity of the respective violation or illegality, and any indications on whether or not the Content Partner was at fault. In case an investigation was prompted following report by a User, we will also consider the explanatory information and evidence provided by such User and, if available, the reporting User’s submission history.

We use a variety of procedures and tools to identify, review and moderate Content. This includes both human and automated review, or a combination of both, depending on what is appropriate and required in each individual case.

Automated review may include the use of systems which assist us in identifying infringing Content, determining the prioritization of certain issues, and applying appropriate measures. Content may be compared against databases of digitally finger-printed content and other, similar repositories, such as (but not limited to) YouTube’s CSAI Match. Automated review may be subject to further, manual verification, in the context of which Content and measures may be reassessed.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.

The Website takes a powerful stand against any form of child exploitation or human trafficking. If we discover that any Content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to the Website by contacting legal@spicevidsgay.com.

Our Stance on Trafficking, CSAM, and NCC

Aylo has zero-tolerance for any illegal content or activity, including human trafficking, Child Sexual Abuse Material (CSAM) and Non-Consensual Content (NCC). We utilize a number of tools, technologies, verification measures, and human moderation to identify violations of the Terms of this Website.

In addition to these mitigating measures we proactively take, we also provide mechanisms for users, law enforcement, members of the public, and non-governmental organizations to easily report content or users that may violate the Terms of this Website.

Furthermore, we engage with organizations who specialize in child protection, the prevention of human trafficking, and assisting victims of Non-Consensual Content.

Complaint Handling Procedure

If we take any action concerning you, your account, or any Content that you (as a Content Partner) attempted to or uploaded on the Website, as set out in the section “Monitoring and Enforcement; Termination”, you may lodge a complaint against such decision. Similarly, you may lodge a complaint if you disagree with our decision following a notice you submitted for Content reporting or removal.

In either case, the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you. To lodge a complaint you may email dsa@spicevidsgay.com from the email associated with your account or wherefrom notice of the decision has been communicated, and the correspondence must include as much information as possible to allow us to investigate your complaint, and an explanation of the reason(s) for which you believe your complaint to be justified.

We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates that:

The Content to which our decision related did not in fact violate applicable law, third party rights, or these Terms of Service.
Our prior decision to not act on a notice was unjustified.
Our prior decision was unjustified or disproportionate in any other manner.

Abuse of Reporting and/or Complaint Handling System

We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other, appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:

Frequently submitting multiple, identical, and unfounded notices or complaints.
Frequently submitting notices or complaints that are obviously unfounded.

Account Termination Policy

If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can terminate access to the Website or stop providing all or part of the Website to you for any reasons at our convenience. Also, in line with the provisions of the section titled “Monitoring and Enforcement; Termination”, we may, in our sole discretion, issue warning or take analogous, appropriate action (on repeat offences) against such infringements.

Copyright and Other Intellectual Property

The Website operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.

We encourage trademark owners to resolve any dispute directly with the Content Partner in question or seek any resolution in court or by other judicial means. If you want to report Content on the Website that you believe infringes your trademark, you can do so by contacting us here. Only the trademark owner or their authorized representative may file a report of trademark infringement.

Reliance on Information Posted

The Website includes Content provided by third parties. All statements and/or opinions expressed in these materials, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the Content on the Website from time to time, but its Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Notice. By using the Website, you acknowledge that you have read and understand the terms of the Privacy Notice and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Collection and Use of Your Usage Information by Advertisers and Others

The Website allows others to display advertisements using the Website. These third parties use technology to deliver advertisements you see using the Website directly to your browser. In doing so, they may automatically receive your Internet Protocol (“IP”) address. Others that place advertising using the Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of the Website. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or Content may be provided through the service generally will not know who you are unless you provide additional information to them by responding to an advertisement, by entering into an agreement with them, or by some other means.

Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

link from your own or certain third-party websites to certain Content on the Website;
send emails or other communications with certain Content, or links to certain Content, on the Website;
cause limited portions of Content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with and otherwise in accordance with any additional Terms of Service we provide with respect to such features. Subject to the foregoing, you must not cause the Website or portions of the Website to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Service.

The sites from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the Contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, Content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk and subject to the Terms of Service of use for such sites. Further, you agree to release us from any and all liability arising from your use of any third-party website, Content, service, or software accessed through the Website.

Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Website, are solely between you and such third parties. You agree that the Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Website.

Permitted Disclosures of Personal Information

The Website generally does not collect personally identifiable information (data such as your name, email address, password, and the Content of your communications) unless you register with us in order to use certain features of the Website. The Website will not disclose any personally identifiable information it collects or obtains except: (i) as described in these Terms of Service or our Privacy Notice; (ii) after obtaining your permission to a specific use or disclosure; (iii) if the Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect the Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Website, or the assets of the Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If the Website is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.

The Website will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect the Website. In order to enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect the Website, you agree to allow the Website to access your information.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy rights. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

Disclaimers

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE OR SERVICES, AND/OR (VI) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY SITES, FOUND ON OR THROUGH THE WEBSITE, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITE OR ITS OPERATOR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THIS WEBSITE OFFICERS, DIRECTORS, EMPLOYEES, SHALL NOT BE LIABLE FOR CONTENT OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO THE WEBSITE MAY BE VIEWED, DOWNLOADED, SHARED, AND DISTRIBUTED, POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THESE TERMS OF SERVICE – AND THAT YOU SOLELY ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.

YOU AGREE NOT TO FILE ANY ARBITRATION CLAIM, LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Any claim by you that may arise in connection with these Terms of Service may be compensable by monetary damages up to a maximum of your paid subscription fee in the last twelve months, and you will in no event be entitled to injunctive or other equitable relief.

Limitation on Time to File Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notice of Litigation

User or Content Partner shall notify us in writing within two (2) business days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against such User or Content Partner which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise) and (ii) any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).

Your Comments and Concerns

The Website is operated by Aylo Premium Ltd, Block 1, 195-197 Old Nicosia-Limassol Road, Dali Industrial Zone, Cyprus 2540. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@spicevidsgay.com.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.

Arbitration Agreement & Waiver of Certain Rights (United States)

This section shall only apply to Users located in the United States of America.

Except as set forth hereinabove, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including, but not limited to, a claim that all or any part of these Terms of Service is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement under this section does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Arbitration Agreement & Waiver of Certain Rights (EU)

This section shall only apply to Users located in the European Union or EU.

We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.

If you as a Content Partner, have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.

We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:

A dispute has already been resolved or is already subject to an ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.
The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue.

Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us.

We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.

Miscellaneous

These Terms of Service, your use of the Website, and the relationship between you and us shall be governed by the laws of the Republic of Cyprus, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to the Website. You agree that the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Republic of Cyprus. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in Limassol, Cyprus. You hereby submit to the jurisdiction and venue of said Courts.

No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

The Terms of Service , our Privacy Policy Notice, our Copyright Policy, and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Website.

We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account.