Terms-of-Service Agreement
Proprietors
Websites
“WDS,” “we,” or “us”, is the operator of
collectively, “Websites”.
It is important to us that you and other visitors have the best experience while using our Websites, and that, when you use our Websites, you understand your legal rights and obligations. This agreement and our other policies and agreements govern your use of the Websites, including any content, functionality, and services offered on or through them. You may access the Websites only if you agree to this agreement and our other policies and agreements. Please pay attention to the following sections of this agreement: (1) disclaimer of warranties (section 16); (2) limitation of liability and exclusion of damages (sections 17 and 18); (3) place for resolving disputes (section 21.2); (4) class action waiver (section 21.6); (5) limitation on time to file disputes (section 21.7); and (6) complaint policy (section 22.15).
Minors Prohibited: Our Websites have adult-oriented material, and the Websites are thus not intended for children. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Websites. We forbid all individuals who do not meet these age requirements from accessing our Websites.
Child Exploitative Material Prohibited: We prohibit content involving minors on our Websites. We only allow visual media of consenting adults for consenting adults on our Websites. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within our Websites or otherwise exploitative of children, please promptly report this to us at abuse@adultwork.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We fully cooperate with any law enforcement agency investigating alleged child exploitation or sexual abuse of minors.
1. Introduction
1.1 Our Websites provides users seeking services (“Customers”) with access to adult-oriented audiovisual clips, images, and various other products and services offered by third-party advertisers (“Advertisers”). By accessing our Websites, you will be exposed to graphic visual depictions, nudity, adult language, and descriptions of explicit sexual activity. Access and registration to our Websites are free.
1.2 This agreement and our other policies and agreements apply to all users, whether you are a “visitor” or a “registered user.” By clicking on the “Enter” button on the warning page, checking the appropriate box during registration, or accessing any part of our Websites, you agree to this agreement and our other policies and agreements. If you do not want to agree to this agreement and our other policies and agreements, you must leave. If you breach any part of this agreement or our other policies and agreements, we may revoke your license to access our Websites, block your access, and suspend or cancel your account (if you have one). We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “Last Updated” date stated at the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so reasonably. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of our Websites after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing our Websites.
1.3. If you have any questions about this agreement or our other policies and agreements, please contact us.
2. Adult-Oriented Content; Eligibility.
Our Websites contain sexually explicit material that is unsuitable for minors. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Websites. If you do not meet these age requirements, you must not access our Websites and must leave now. If you are on the Sex Offenders Register (or have been convicted of any sexual offences), you are prohibited from using our Websites. By accessing our Websites, you state that the following facts are accurate:
2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement;
2.2 You are aware of the adult nature of the material available on our Websites, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, including graphic visual depictions and descriptions of nudity and sexual activity;
2.3 You are familiar with your community’s laws affecting your right to access adult-oriented materials;
2.4 You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;
2.5 You are voluntarily requesting adult-oriented materials for your private enjoyment;
2.6 You are not accessing our Websites from a place, country, or location in which doing so would or could be considered a violation of applicable law; and
2.7 You will not share our Websites with a minor or otherwise make them available to a minor.
2.8 You are not on the Sex Offenders Register (or have been convicted of any sexual offences).
3. Accessing our Websites.
We may withdraw or amend our Websites and any service or material provided at our sole discretion without notice. We will not be liable if, for any reason, any part of our Websites are unavailable at any time or for any period. From time to time, we may restrict access to all or parts of our Websites to users, including registered users. You are responsible for making all arrangements necessary for you to access our Websites and their content. We make no claims that our Websites or their Materials are accessible or appropriate where you live. Access to our Websites or their Materials may not be legal by certain persons or in certain countries. You are solely responsible for complying with all local laws governing accessing adult-oriented websites or adult-oriented materials when accessing our Websites. Anyone using the WDS site(s) consents to security monitoring. We reserve the right to monitor traffic and to identify any unauthorised activities, including attempts to upload or change information, or to otherwise cause damage to the WDS site(s).
4. Your Account
4.1 Account Creation. To access many of our Websites’ features, you must create an account. Registration is free. You must complete the registration process by providing accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the technical requirements of our Websites for the composition of passwords. Do not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. Users must not choose usernames that suggest or imply unprotected intercourse, or the provision of it, or that suggest or imply illegal activities, or other references such as availability. This includes any underage references, whether in the context of role-play or not; we therefore require that users do not use numbers between 10 and 17 in their username. If those numbers are included as part of a date or other non-related sequence, this is permitted. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on our Websites, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to any third party. It is prohibited to copy other people's profiles, beyond standard wording that could be applicable to many. Anyone who has obviously copied text or images from another Member's profile will be subject to actions in proportion to the nature of the offence committed.
4.2 Profile Types. Only one profile of each user type is allowed, i.e., one “offering” and one “seeking” profile (which means selling or buying, respectively) per user. Advertisers are permitted to have a couple, or “duo,” account as well as a single, “solo,” account. Couples may advertise singly or as a couple or both, therefore, they can have up to three profiles (i.e.: each Member of the couple has an individual profile and the shared couple profile).
- All profiles must include references to the individual and couple profiles.
- Individual profiles advertising more than one person(s), for providing couple/duo services for either Escort or DirectCam sessions are no longer permitted on single accounts. To advertise more than one person on an account, please create a couple/duo account for either Escort services or DirectCam sessions. Adding reference links on an Individual Profile to redirect and advertise a Couple Profile is allowed, however performing any Escort or DirectCam as a Couple/Duo from the Individual Profile is forbidden.
- Profiles advertising more than two people or other collectives are not permitted apart from the Moresomes Profiles which can be set to either 3 or 4 Advertiser Members. Moresomes Profiles are exclusive to DirectCam.
Members found with more profiles than specified above may be subject to more than one of the AW rights or actions contained in this Agreement.
4.3 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must let us know promptly of any unauthorized use of your account or any other security breach via email at privacy@adultwork.com or via the online feedback form. You should also change your account password immediately via the Registration Details page. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if you have violated any part of this agreement.
4.4 Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by another person or us because someone else uses your password or account.
4.5 Use of Other Accounts. You must not use anyone else’s account at any time.
4.6 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never defeat our Websites’ security measures or use any personal information you provide to us for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.
4.7 Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on our Websites and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend keeping copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive other communications from us, including newsletters about new features and content, exclusive offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may have sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications from us, please review the Privacy Policy on opting out of marketing communications.
4.8 User ID Requirements The success of the AW site(s) and its Users is dependent on the authenticity of those that offer or seek services through the AW site(s). The way AW applies terms to Advertisers and Customers is different, as defined below.
(a) Customer ID Requirements
ID verification is not required for Customers; however, ID may be required to verify Customer’s purchases are being made with the cardholder’s or bill payer's consent as described in the WDS Credits section. ID verification may be required to verify a Customer’s age in certain circumstances if other methods cannot be used.
(b) Advertiser ID Requirements
Advertiser ID verification is mandatory.
You must have at least one profile picture uploaded to be verified, this is a picture that is freely accessible to other Members. If you only have images in your Private Gallery, you will not be verified. If profile pictures are removed after verification, you will be subject to re-verification.
Uploading images that are entirely irrelevant to the documentation asked for will be seen as a deliberate attempt to avoid verification and the consequences of avoidance when required to verify. As such, you may be deactivated until the necessary documentation has been received.
The files you upload must be of appropriate quality, size and resolution so that we can clearly identify you. No size is too large, but anything under the minimum 1024x768 pixels in size or something that is illegible or potentially doctored will be rejected.
The primary form of photo ID that is accepted is a Passport, which must be signed. If you do not hold a passport, we can accept other forms of photo identification which will be advised to you when necessary.
We shall endeavour to have your submissions checked and approved, and your profile verified, within 24 hours. In normal circumstances, it will be much sooner. In some cases, especially non-UK Nationals, it could be longer, in which case please wait 48 hours before contacting us regarding verification.
We do not verify Seeking Services Members. When submitting verification documents, you will need to ensure that your Member type has been set to Offering Services.
Members who provide fake or falsified ID will have their membership immediately terminated and any further attempts to register will be rejected.
Any Advertiser who fails to provide valid verification documentation when requested will forfeit any credits they have accumulated. This does not include purchased credits.
Notice: AW makes no warranties or guarantees that Advertiser verification or profile data relates to the person(s) advertising or appearing on the profile page.
- The Advertiser verification photos are intended to enable Customers to make a realistic judgement as to the compatibility with their selection criteria, based on and trusting the authenticity of the profile content.
- In the event the authenticity of a profile or its content is questioned, the profile may be suspended. The Advertiser may be required to supply verification details to confirm that they are the person appearing in the content or that they have permission/rights to upload the content in question.
At our sole discretion, Advertisers may be required to meet additional verification and ID requirements before being allowed to offer services on the AW site(s). In those cases, you might be required to provide two forms of a photo ID and proof of residence/domicile in your country.
Non-UK Nationals found to be working on the AW site(s) without having performed the verification steps when required to do so may be suspended until that time as they have done so.
4.9 AdultWork.com Groups
A Group is defined as:
a) A collective of two or more Advertiser Members of the AW site(s) who engage in the provision of services or content, under a collective identity or for a collective type of Customers.
OR
b) One or more Advertiser Members whose profiles are being managed by another person(s).
Group Managers are responsible for advising Group Members that any illegal activity will not be tolerated, and the Group Member may be deleted with credits forfeited.
If within 30 days of setting up your Group, no Group Members have been added, the Group may be deactivated automatically.
(a) Group Member Provisions
Under the General Data Protection Regulation (GDPR) a Member's personal details remain their personal data, regardless of who created the profile. If a Group Member requests removal, the Group Manager (“GM”) is obligated to do so without hindrance to the Group Member’s ability to access their profile, either while still within, or outside of the Group.
Advertiser profiles must not be re-used or copied by anyone other than the original person the profile and data belongs to.
If Group Members permit the GM to set up or allow others to access their profiles, AW will not become involved with any financial arrangements or disputes.
With the exception of any Group Member profile that is covered by a support agreement with one of the AW Business Advisors; if a Group Member wishes to leave a Group, the GM must comply with their request.
In all cases the cleared credit balance of the profile remains the property of the GM until the point of removal of the Advertiser from the Group managed by the GM.
Relevant sections under “Advertiser Earnings” apply to Group Managers, too.
Any complaint of breach of this Agreement may result in GM membership suspension or termination and forfeit of any earnings, solely at the discretion of AW.
5. Intellectual Property Rights
5.1 Ownership. We own and operate our Websites. All content, data, features, functionality, and other materials found on our Websites, including all text, displays, visual interfaces, graphics, information, interactive features, logos, images, photos, audio (for example, music and other sounds), videos, software (including source code and object code), and all other audible, visual, or downloadable materials, as well as the design, selection, organization, coordination, compilation, and overall look and feel of our Websites (collectively, “Materials”) are the intellectual property of us, our licensors, our suppliers, or other providers of those Materials. United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on our Websites.
5.2 License Grant. We hereby grant you a limited, non-sublicensable license (i.e., a personal and limited right) to access and use our Websites and the Materials for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on our Websites, except as follows:
(a) Your computer may temporarily store copies of the Materials in RAM incidental to access and view those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of our Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
(d) You may download (where enabled by our Websites) or stream any audiovisual content or images to which you have properly gained access solely for your personal, non-commercial use and not for further reproduction, publication, or distribution.
(e) If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, subject to our end user license agreement for those applications.
(f) If we provide social media features with certain content, you may take those actions enabled by those features.
5.3 License Restrictions
(a) You must not:
(i) Modify copies of any Materials from our Websites.
(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from our Websites.
(b) You must not access or use any part of our Websites or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
(c) If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use our Websites will end immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to our Websites or any Materials on our Websites is transferred to you, and we reserve all rights not expressly granted. Any use of our Websites not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
5.4 Trademarks. Our name and logo; the term ADULTWORK; our Websites’ logos; and all related names, domain names, logos, product and service names, designs, and slogans, as well as our Websites’ look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of WDS, their affiliates, or licensors. You must not use those marks in connection with any product or service that is not ours, in any manner that is likely to confuse consumers, or in any way that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on our Websites are the marks of their respective owners. Reference on our Websites to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
6. Prohibited Uses
6.1 You may use our Websites only for lawful purposes under this agreement. You must not use our Websites:
(a) In any way that violates applicable laws or regulations (including laws about exporting data or software to and from the UK or other countries).
(b) To solicit business from any member or other user for your own agency, co-operative, or any other business activity outside our Websites other than the arrangement or payment of escort, escort-related, and physical meetings/services.
(c) To direct anyone away from, or to voluntarily leave our Websites to complete payments for services available on our Websites, including, but not limited to, Webcam services, Phone Chat services (including DirectChat, DirectIM, and SMS Chat) and Content Sales (pictures/movies).
(d) To direct or redirect visitors of our Websites away to other sites to buy items from Wishlists or for any other purposes. If you want visitors to buy items for you, you must create a Wishlist. If you want to provide links to external sites, you must do so using the facility provided by our Websites and the requirements in it.
(e) To issue false ratings against other users for reasons of malice, abuse, defamation, or any other dispute; those acts may result in both users being removed from our Websites.
(f) To issue false ratings for yourself to deceive others into reading false, positive feedback. AW will not enter into correspondence relating to moderated ratings.
(g) To exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
(h) To send, knowingly receive upload, download, use, or re-use any material that does not comply with the Content Standards stated in this agreement.
(i) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
(j) To impersonate or try to impersonate us, our employees, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
(k) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or that, as we decide, may harm our Websites’ users or us or expose them or us to liability.
(i) To commit or attempt to commit fraud by false representation; failure to disclose information; abuse of position or any other means deemed fraudulent by laws.
(m) To allow anyone not registered under an account to appear in any form of live stream broadcasted under that account
(n) To display or attempt to display any form of media content - data, digital code, images, graphics, sounds, text, or any other similar material - as part of your live streaming content outside the actual broadcast as streamed by our application or as enabled by site features. Furthermore, using any tools or devices suitable for displaying media content - including, but not limited to digital devices (such as mobile phones, laptops, tablets), printed media (such as newspapers, photographs), handwritten signs, and so on - outside the devices necessary to broadcast streams is also prohibited while live streaming."
(o) If you are domiciled or operating within the USA, from engaging in, discussing, or facilitating activities related to prostitution, escort services, solicitation, or any form of in-person meetings. This is an explicit prohibition. This explicit prohibition extends to all forms of communication within Private Chat, Group Chat, Free Preview Chat, and any other areas of this Site, whether communicated orally or in text. In this respect we have adopted a zero-tolerance policy and if you violate this policy, this will result in immediate suspension without prior warning.
6.2 Additionally, you must not:
(a) Use our Websites in any way that could disable, overburden, damage, or impair our Websites or interfere with any other person’s use of our Websites, including their ability to engage in real-time activities through our Websites.
(b) Use any robot, spider, or other automatic devices, processes, or means to access our Websites for any purpose, including monitoring or copying any Materials.
(c) Use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of our Websites.
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of our Websites, the server(s) on which our Websites are stored, or any server, computer, or database connected to our Websites.
(g) Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
(h) Mask your IP address from us, including, but not limited to through the usage of security software, proxy servers, VPN and anonymous browsing applications. If you do use that technology, please add the following domains to your unfiltered domain list: *.adultwork.com; *.istreaming.com.
(i) Access the Website using any bot, macro, script or any other form of automation.
(j) Otherwise, try to interfere with our Websites’ proper working.
7. Customer Contributions
7.1 In General. Our Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, live cam shows, live chat, messaging, and other interactive features that allow Customers to post, submit, publish, display, or transmit (collectively, “post”) content or materials (collectively, “Customer Contributions”) on or through our Websites. All Customer Contributions must comply with the Content Standards set out in section 10. We will consider non-confidential and nonproprietary any Customer Contribution you post to our Websites. Customer Contributions uploaded to, submitted to, or exchanged with the AW site(s) or Members must be provided in English.
7.2 License Grant. For each Customer Contribution you post, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to:
(a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that Customer Contribution (including for promoting and redistributing any part of our Websites (and derivative works of it)) in any form, format, media, or media channels now known or later developed or discovered;
(b) use the name, identity, likeness, and voice (or other biographical information) that you submit with that Customer Contribution;
(c) act as your authorized agent, and to appoint legal representatives to act as your authorized agent, in filing DMCA takedown notices to third-party website operators that host copies of your Customer Contributions without your authorization.
In addition, you grant each other user a worldwide, nonexclusive, royalty-free license to view your Customer Contribution through our Websites only as enabled by a feature of our Websites (such as video playback, embeds, or downloads). This license does not grant any rights or permissions for a user to use your Customer Contribution independent of our Websites. The licenses you grant continue for a commercially reasonable period after removing or deleting your Customer Contributions from our Websites. You understand, however, that we may keep but not display, distribute, or perform server copies of your Customer Contributions that have been removed or deleted.
7.3 Third Parties Depicted in Customer Contributions. You must obtain and keep on record written consent from all persons depicted in your Customer Contributions specific to the following areas: (a) consent to be depicted in the Customer Contribution; (b) consent to allow for the public distribution of the Customer Contribution and to upload the Customer Contribution to our Websites; and (c) if the Customer Contribution will be made available for downloading by other users, consent to have the Customer Contribution downloaded. In addition, you must verify the identity and age of all persons depicted in the Customer Contribution to ensure that all persons depicted are adults, and you must provide us with supporting documents on request.
7.4 18 U.S.C. § 2257 Obligations. United States federal law requires you to keep records for any visual depictions you post that portray “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A. Your failure to comply with 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of United States federal law.
7.5 Representations and Warranties. You state that the following facts are accurate about the Customer Contributions you post on or through our Websites: (a) you own or control all rights in and to the Customer Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) if any Customer Contributions contains the name, identity, likeness, and voice (or other biographical information) of another person, you have obtained the appropriate consents and licenses for your use of those features and WDS and their affiliates and service providers, and each of their and WDS’s respective licensees, successors, and assigns, are allowed to use them to the extent indicated in this agreement; (c) your Customer Contributions do not and will not infringe, violate, or misappropriate another person’s rights, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (d) your Customer Contributions do not and will not defame or disparage another person; (e) your Customer Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and (f) your Customer Contributions otherwise comply with this agreement.
7.6 Acknowledgment. You acknowledge that you are responsible for any Customer Contribution you post, and you, not us, have full responsibility for that Customer Contribution, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any Customer Contribution posted by you or any other user.
7.7 You Upload Customer Contributions at Your Own Risk. We use reasonable security measures to try to protect Customer Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of Customer Contributions will not occur. To the fullest extent allowed by applicable law, we will not be liable to you for any unauthorized copying, use, or distribution of your Customer Contributions by third parties, and you hereby release and forever waive any claims you may have against us for any such unauthorized copying or use of the Customer Contributions, under any equitable or legal theory. We provide security measures to protect Customer Contributions “as is” and with no warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those measures.
8. Advertiser Account and Advertiser Offerings
8.1 Advertiser Account. The Advertiser must complete the registration form and submit a copy of their valid government-issued picture identification (in color) that contains the Advertiser’s full legal name, date of birth, and expiration date for age and identity verification purposes. The Advertiser authorizes WDS to verify the validity of the Advertiser’s government-issued picture identification with a third-party verification service.
8.2 Advertiser Profile. The Advertiser will create a profile (“Advertiser Profile”) on our Websites to display and offer various content and services for sale, including videos, photos, live streams, messages, live chat, phone chat (including DirectChat, DirectIM, and SMS Chat), and any other features available now or in the future (collectively, “Advertiser Offerings”). Any image used as a profile picture or avatar on the Advertiser Profile must accurately reflect the Advertiser’s appearance. Advertiser Members offering services that do not login for a period of 60 days might have their profile restricted. Profiles advertising more than two people or other collectives are not permitted, apart from the Moresomes Profiles which can be set to either 3 or 4 Advertiser Members. Moresomes Profiles are exclusive to DirectCam.
8.3 Advertiser Content. The Advertiser may create, upload, send, or display various media, content, and material of the Advertiser’s creation to or through the Advertiser’s account, including photos, videos, audio (for example, music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material (collectively, “Advertiser Content”). We do not and will not control the manner or means by which the Advertiser creates the Advertiser Content, including the time and place of creating the Advertiser Content. Advertisers solely determine the schedule and the methods, details, and means of creating their Advertiser Content. The Advertiser will supply, at the Advertiser’s own expense, all clothing, make-up, accessories, tools, equipment, and instrumentalities needed to produce the Advertiser Content. The Advertiser acknowledges that we merely provide the Advertiser the means to distribute the Advertiser Content through our Websites. The Advertiser Content must not include third-party intellectual property (such as copyrighted material) unless the Advertiser has a written license or consent from that person or is otherwise legally entitled to do so (i.e., fair use). Any persons employed or engaged by the Advertiser in connection with the creation, production, or submission of the Advertiser Content must be the Advertiser’s employees or contractors, and the Advertiser will be fully responsible for them and indemnify WDS against any claims made by or on behalf of any that employee or contractor. The Advertiser must require each such employee and contractor to sign written agreements securing all rights granted in section 8.4 and the written consents required in section 8.5 before that employee or contractor provides, creates, or otherwise performs or is depicted in any Advertiser Content or Co-Authored Advertiser Content in connection with this agreement. All forms of Advertiser Content uploaded to, submitted to, or exchanged with the AW site(s) or Members must be provided in English. Any image or movie Advertisers upload to the AW site(s) may be automatically watermarked with the AW site(s) name, logo and URL.
It is prohibited for Advertisers to:
- Use words including "Verified", "Recommended" or "Official" within titles, profiles, sale items or any fields linked to an Advertiser, other than as specified within the Agreement.
- Use the wording, or reference to “Available Today” in Profile Summaries, Profile Pictures or in Member nicknames.
- Remove, delete or re-upload content that has previously been uploaded in an attempt to increase exposure to your profile. This has no effect on how/where your profile appears in search results.
- Include email addresses, telephone numbers, physical addresses or URLs/links to other websites in your profile or any content displayed in it. This also includes your email auto-response and signature. Instead, you should use the following options in your Edit Contact Details section;
- To display your email address, use the 'Display Email Address on my Profile' tick box or allow Members to make use of the on-site email facility.
- If you wish to show a phone number, use the 'Display Mobile Number on my Profile’ or 'Display Phone Chat Number on my Profile' tick boxes.
- If you wish to display/advertise URLs, ‘Display Links on Profile’ button.
All links in movie content must be to a site that displays one of the permitted AdultWork.com Banners.
- Links may be approved by AW for personal websites or sites promoting the AW Member, not to competitor websites or sites where visitors can purchase content that may compete with AW in any way.
8.4 Advertiser Proprietary Rights
(a) Advertiser Content Ownership. We do not claim any ownership rights in the Advertiser Content. The Advertiser continues to retain any ownership rights that the Advertiser may have in the Advertiser Content subject to the licenses granted in sections 8.4(b), 8.4(c), and 8.4(e).
(b) License Grant to WDS. The Advertiser hereby grants WDS, their affiliates, service providers, and each of their and WDS’s respective licensees a worldwide, sublicensable, transferrable license to stream, host, cache, route, transmit, store, copy, modify, distribute, publicly perform (through all media now known or later created), publicly display (through all media now known or later created), reformat, excerpt, analyze, create algorithms based on, prepare derivative works of, sell, exploit, and otherwise use the Advertiser Content and any associated service marks, trademarks, or trade names solely in connection with our Websites and our business, including for (a) displaying the Advertiser Content on our Websites; (b) allowing Customers to view, play, stream, or download (where enabled) the Advertiser Content (as applicable); and (c) promoting the Advertiser Profile, the Advertiser Content, and the Advertiser Offerings on our Websites and on our social media accounts. This license includes the right to reproduce, distribute, display, perform, create derivative works, or otherwise exploit the Advertiser Content in proximity with or in connection with any third-party content, including advertisements.
(c) License Grant to Customers. The Advertiser hereby grants each Customer who obtains access to the Advertiser Content through the Advertiser’s account on our Websites a worldwide, nonexclusive license to access the Advertiser Content through our Websites and to use that Advertiser Content, including to view, play, stream, download, and perform it, only as enabled by our Websites’ features (such as video playback or download). This license does not grant any rights or permissions for a Customer to use the Advertiser Content independent of our Websites, except to download a single copy of the Advertiser Content if enabled by a feature of our Websites for the Customer’s own personal, non-commercial use and not for further reproduction, publication, or distribution.
(d) License Duration. The licenses granted by the Advertiser continue for a commercially reasonable period after the Advertiser removes the Advertiser Content from the Advertiser’s account, except that the license granted to Customers in section 8.4(c) does not terminate for downloaded Advertiser Content so long as the Customer is not otherwise in breach of this agreement. The Advertiser acknowledges that we may keep, but not display, distribute, or perform, server copies of the removed Advertiser Content.
(e) Use of Advertiser’s Name, Likeness, and Information. The Advertiser hereby grants WDS and their affiliates, and each of their respective direct and indirect successors, licensees, and assigns the right to use the Advertiser’s fictitious name, image, likeness, and biographical and professional information, including information the Advertiser provides to us and any other information publicly available about the Advertiser, in connection with our Websites, the Advertiser Content, and the Advertiser Offerings, including advertising and promoting our Websites, the Advertiser Profile, the Advertiser Content, and the Advertiser Offerings, throughout the universe and in any medium or format now existing or later developed without further consent from or any royalty, payment, or other compensation to the Advertiser. The Advertiser acknowledges that the Advertiser’s name and likeness may appear on websites containing adult-oriented content, including content that the Advertiser might consider obscene, indecent, offensive, or otherwise objectionable. The Advertiser waives any right to inspect or approve our use of the Advertiser’s name and likeness. In addition, as required in section 8.5 with respect to Co-Authored Advertiser Content, the Advertiser must obtain a signed written release, waiver of rights, and release of claims for each identifiable person in any Co-Authored Advertiser Content to allow the use of their name and likeness in that Co-Authored Advertiser Content and to allow that Co-Authored Advertiser Content to be posted and used on our Websites in the same manner as Advertiser Content.
(f) Moral Rights Waiver. The Advertiser waives all claims the Advertiser may now or later have in any jurisdiction to so-called “moral rights” or rights of droit moral in the Advertiser Content.
8.5 Co-Authored Advertiser Content
(a) If the Advertiser uploads Advertiser Content to the Advertiser’s account that depicts anyone else other than or in addition to the Advertiser (even if that person cannot be identified from the Advertiser Content) (“Co-Authored Advertiser Content”), the Advertiser must obtain and keep on record written consent from all persons depicted in the Co-Authored Advertiser Content specific to the following areas: (i) consent to be depicted in the Co-Authored Advertiser Content; (ii) consent to allow for the public distribution of the Co-Authored Advertiser Content and to upload the Co-Authored Advertiser Content to our Websites; and (iii) if the Co-Authored Advertiser Content will be made available for downloading by Customers, consent to have the Co-Authored Advertiser Content downloaded.
(b) In addition, the Advertiser must verify the age and identity of all persons depicted in the Co-Authored Advertiser Content to ensure that all persons depicted are adults, and the Advertiser must be able to provide supporting documents to us on request.
(c) The Advertiser states that each individual depicted in any Co-Authored Advertiser Content uploaded to the Advertiser’s account: (i) has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Advertiser Content; and (ii) has consented to the Co-Authored Advertiser Content in which he or she appears being posted on our Websites. The Advertiser further states that the Advertiser has verified the age and identity of each individual depicted in any Co-Authored Advertiser Content uploaded to the Advertiser’s account.
(d) Advertisers must not upload any Advertiser Content containing any image, photo, video, or audio of anyone else other than or in addition to the Advertiser unless that person is also an Advertiser or verified user on our Websites or the Advertiser has independently verified their age and identity.
(e) If any Co-Authored Advertiser Content is a work of joint authorship, the Advertiser is solely responsible for obtaining any required licenses or consents from any other joint authors of the Co-Authored Advertiser Content that are sufficient to permit that Co-Authored Advertiser Content to be uploaded to and made available on our Websites, including the consents specified in section 8.5(a).
(f) The Advertiser acknowledges that we will only pay out Advertiser Earnings to the account to which the Co-Authored Advertiser Content is uploaded. The Advertiser uploading the Co-Authored Advertiser Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Advertiser Content between the Advertiser and the individuals depicted in that Co-Authored Advertiser Content. Any such revenue-sharing agreement is an independent, private agreement between the Advertiser and the other individuals depicted in that Co-Authored Advertiser Content, and we are not responsible for supplying or enforcing any such agreements. The Advertiser acknowledges that the Advertiser is not entitled to any Advertiser Earnings earned on any Co-Authored Advertiser Content in which the Advertiser appears, but which is posted on another Advertiser’s account. If the Advertiser posts Co-Authored Advertiser Content on the Advertiser’s account, we may require the Advertiser provide valid and complete legal information for all individuals who appear in the Co-Authored Advertiser Content. If the Advertiser fails to provide any information requested by us on our request, we may do one or more of the following: (i) delete the Co-Authored Advertiser Content, (ii) restrict the Advertiser’s rights and permissions to post as an Advertiser, (iii) terminate the Advertiser’s account, or (iv) withhold any part of the Advertiser Earnings earned but not yet paid out to the Advertiser.
(g) The Advertiser hereby releases WDS from and will not make any claims against WDS arising from or related to the Co-Authored Advertiser Content. The Advertiser will make all claims arising from or related to the Co-Authored Advertiser Content against the Advertiser who posted the Co-Authored Advertiser Content or the other individuals who appeared in the Co-Authored Advertiser Content (as applicable).
8.6 18 U.S.C. § 2257 Compliance. The Advertiser must comply with the United States federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all Advertiser Content that contains visual depictions of actual sexually explicit conduct. The Advertiser must obtain and keep all records necessary to demonstrate that the Advertiser complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual appearing in any Advertiser Content on the date of the production of that Advertiser Content. The Advertiser or a third-party service provider must act as the “Custodian of Records” as required by 28 C.F.R. Part 75 and must keep all required records at the Advertiser’s or that third party’s primary address. The Advertiser must make available to us or any government official, and copy at our request, all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.
8.7 Interactive Services. The Advertiser may use various interactive features, including chat, live stream, phone chat (including DirectChat, DirectIM, and SMS Chat), messaging, email, and comments sections (collectively, “Interactive Services”) designed to foster interactions between the Advertiser and Customers. The Advertiser is responsible for all feedback transmitted by Customers through the Interactive Services. We are not required to review, endorse, police, or enforce any relationships or interactions between the Advertiser and any Customer using the Interactive Services. Nor are we required to resolve any dispute between the Advertiser and any Customer or any other person, except under the Complaint Policy.
8.8 Pre-Publication Review and Real-Time Monitoring of Advertiser Content. We review all non-live Advertiser Content before it is published to our Websites to ensure that the Advertiser Content is not illegal and does not otherwise violate the Content Standards. In addition, for all real-time or livestream Advertiser Content, we engage in real-time monitoring of that Advertiser Content and will remove or terminate the broadcast of any Advertiser Content being streamed that is illegal or otherwise violates the Content Standards.
8.9 Sale of Advertiser Offerings
(a) The Advertiser may sell Advertiser Offerings to Customers in exchange for Virtual Money. The Advertiser is solely responsible for setting prices in Virtual Money for the Advertiser Offerings. Customers must submit pay for Advertiser Offerings using Virtual Money purchased through our Websites. The Advertiser must not use any third-party payment processors to accept payments for any Advertiser Offerings.
(b) All transactions and interactions facilitated through our Websites are agreements between the Customer and the Advertiser. Although we facilitate transactions and interactions between Customers and the Advertiser by providing our Websites, hosting and storing Advertiser Content, and acting as a payment intermediary, we are not a party to any agreement that may exist between a Customer and the Advertiser. We are not responsible for any transactions or interactions between Customers and the Advertiser.
(c) Customer Payments are exclusive of VAT, which will be added at the current rate as applicable to Customer Payments.
(d) When a Customer has made the required payment for access to an Advertiser Offering or for use of the interaction function on the Advertiser’s account, the Advertiser must allow the Customer to view or download (where enabled) the Advertiser Offering paid for or allow the Customer to use the interaction function paid for (as applicable). The Advertiser will indemnify us for any breach by the Advertiser of these obligations, including any loss or damage (including loss of profit) that we suffer due to the Advertiser’s failure to comply.
(e) The minimum price of any movie is 0.5 credits; once uploaded, we will suggest a selling price for each movie or you can set your own price. Any movies for which you set a price of zero credits may be used by us as promotional material for the AW site(s). Credits will only be accrued for a movie its third view in any one day. This does not apply to Verified Members.
(f) If you have less than 5 pictures in your Private Gallery the price will automatically be adjusted back to the minimum of 0.5 credits. To avoid misleading Customers who subscribe to Private Galleries, it is not permitted to upload duplicate images and/or images that are noticeably too similar to others in your gallery. Any images the AW considers to be too similar or a duplicate will be deleted at the AW’s discretion.
8.10 WDS Fees. Advertisers must pay WDS a fee equal to 30% of all Customer Payments made to the Advertiser (exclusive of any VAT element of the Customer Payment) (“WDS Fee”). The remaining 70% of the Customer Payment (exclusive of any VAT element of the Customer Payment) is payable to the Advertiser (“Advertiser Earnings”). The WDS Fee includes our costs of providing, supporting, and operating our Websites and storing the Advertiser Content. We deduct the WDS Fee from the Customer Payment, and the Advertiser Earnings are paid to the Advertiser in the manner described in section 8.11. For purposes of this agreement, (a) “Customer Payment” means the monetary value of all Virtual Money payments made by a Customer to the Advertiser, including payments for access to the Advertiser’s Offerings and for interaction with the Advertiser; and (b) “VAT” means European Union or United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost, or levy in any other jurisdiction.
8.11 Advertiser Earnings
(a) Payouts
(i) We will deduct the WDS Fee from the Customer Payment and then will hold the Advertiser Earnings on the Advertiser’s behalf in our capacity as the Advertiser’s agent.
(ii) Advertisers can withdraw Advertiser Earnings using the transfer options, on condition that the Advertiser Earnings meet the minimum payout requirements. We reserve the right to ask for any necessary identification as required by the Advertiser’s selected payment processing partners to comply with international anti-money laundering and other regulations before releasing payment.
(iii) All payouts are transacted in GBP£, AUD$, and EUR€ at the Advertiser’s election. The Advertiser’s bank may charge the Advertiser currency conversion or transfer fees to receive the Advertiser Earnings. We do not have control over currency exchange rates or charges imposed by the Advertiser’s bank, and we are not responsible for paying any charges imposed by the Advertiser’s bank.
(iv) If the Advertiser is an entity or sets up an entity to receive Advertiser Earnings, the Advertiser must provide evidence to us on request that the Advertiser is the Person with Majority Control of that entity. Except as provided otherwise in this agreement, we will only pay Advertiser Earnings into a bank account not held in the Advertiser’s name where the bank account is held in the name of an entity and the Advertiser is the Person with Majority Control of that entity. If the Advertiser uses an entity to receive Advertiser Earnings, the Advertiser must comply with all laws (including Tax laws) that are applicable to entities in the place where the entity is established. For purposes of this agreement, (1) “Person with Majority Control” means any individual who meets one or both of the following conditions with respect to an entity: (A) the individual holds, directly or indirectly, more than 50% of the ownership interest in that entity; or (B) the individual holds, directly or indirectly, more than 50% of the voting rights in that entity; and (2) “Tax” means all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any jurisdiction.
(v) If a Customer successfully seeks a refund or chargeback from their credit card provider with respect to a Customer Payment, we will investigate and will deduct from the Advertiser’s account an amount equal to the Advertiser Earnings earned by the Advertiser on the charged-back or refunded amount.
(vi) If we cannot pay out the Advertiser Earnings to the Advertiser after 12 months because of inaccurate information in the Advertiser’s account and we cannot contact the Advertiser, the Advertiser will automatically forfeit the Advertiser Earnings, and the Advertiser Earnings will become our property. Advertiser Earnings that are deemed unclaimed property may be turned over to the applicable governmental body.
(b) Advertiser Earnings Withholdings
(i) We may withhold any part of the Advertiser Earnings due to the Advertiser but not yet paid out: (i) if we believe that the Advertiser has or may have seriously or repeatedly breached any part of this agreement or applicable law; (ii) if the Advertiser attempts or threatens to breach any part of this agreement in a way that we believe could have serious consequences for us or another user (including actual or possible loss caused to us or another user); or (iii) if we suspect that any part of the Advertiser Earnings results from unlawful activity, either by the Advertiser or by the Customer who made the Customer Payment resulting in the Advertiser Earnings, for as long as is necessary to investigate the actual, threatened, or suspected breach by the Advertiser or the suspected unlawful activity (as applicable). If after our investigation, we conclude that (i) the Advertiser has seriously or repeatedly breached any part of this agreement or applicable law; (ii) the Advertiser has attempted or threatened to breach any part of this agreement in a way that has or could have serious consequences for us or another user (including actual or possible loss caused to us or another user); or (iii) the Advertiser Earnings results from unlawful activity, we may notify the Advertiser that the Advertiser has forfeited the Advertiser Earnings.
(ii) We will not have any responsibility to the Advertiser if we withhold or forfeit Advertiser Earnings where we have the right to do so under this agreement.
(iii) If we are withholding part of the Advertiser Earnings due to the Advertiser, and we determine that part of the Advertiser Earnings withheld is unrelated to the Advertiser’s breach or suspected unlawful activity, we may pay the Advertiser the Advertiser Earnings unrelated to the Advertiser’s breach or suspected unlawful activity. However, the Advertiser acknowledges that if we determine that the Advertiser’s breaches have or may cause us losses, we may withhold all the Advertiser Earnings due to the Advertiser but not yet paid and we may set off those amounts against any losses we suffer.
(iv) If after we conclude our investigation, we determine that Advertiser Earnings are forfeited, we will use our reasonable efforts to return any Customer Payments that resulted in forfeited Advertiser Earnings to the relevant Customers who paid them.
(c) Taxes. We recommend that all Advertisers seek professional tax advice to ensure that the Advertiser is compliant with the Advertiser’s local Tax and VAT rules, based on the Advertiser’s individual circumstances. By using our Websites as an Advertiser, you state that you have reported and will report in the future the receipt of all payments made to you in connection with your use of our Websites to the relevant Tax authority in your jurisdiction, as required by law. By using our Websites as an Advertiser, you further state that you will at all times comply with all laws and regulations relating to Tax that apply to you. The Advertiser is solely responsible for the Advertiser’s own Tax affairs and we are not responsible or liable for any non-payment of Tax by the Advertiser. We may close the Advertiser’s account if we are notified of or become aware of any Tax non-compliance by the Advertiser.
(d) Disputes. If the Advertiser disputes our Advertiser Earning calculation, the Advertiser must notify us in writing no later than 30 days after that disputed calculation. Failure to notify us within this period will result in the Advertiser’s waiver of any claims related to that disputed calculation.
8.12 Statements of Fact. The Advertiser states that the following facts are accurate and will continue to be accurate during this agreement:
(a) If the Advertiser is an individual, the Advertiser is at least 18-years old and has the legal capacity to enter into this agreement. If the Advertiser is an entity, it is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering.
(b) The Advertiser has the power to enter into this agreement, to grant the rights and licenses granted in it, and to perform the Advertiser’s obligations in this agreement.
(c) The Advertiser is duly licensed, authorized, and certified by all applicable governmental and regulatory authorities to perform the Advertiser’s duties and obligations under this agreement.
(d) The Advertiser is not, nor is the Advertiser acting for any person or entity that is, prohibited from engaging in transactions with US citizens, nationals, or entities under US law, including regulations issued by the US Office of Foreign Assets Control (OFAC).
(e) The Advertiser is not, nor is the Advertiser acting for any person or entity that is, a Specially Designated National (SDN), as OFAC may designate on one or more occasions.
(f) The Advertiser has independently evaluated the desirability of participating on our Websites, and the Advertiser has not relied on any statement other than those in this agreement.
(g) The Advertiser’s performance of this agreement will not conflict with or violate (a) any order, judgment, or decree that applies to the Advertiser; or (b) any agreement that applies to the Advertiser.
(h) The Advertiser’s performance under this agreement will not:
(i) invade the right of privacy or publicity of any person (including invasion of rights of celebrity);
(ii) involve any defamatory, obscene, indecent, or otherwise unlawful material;
(iii) violate any applicable law; or
(iv) otherwise infringe on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person.
(i) The Advertiser Content complies with this agreement.
(j) The Advertiser holds all rights necessary to grant the licenses granted in sections 8.4(b), 8.4(c), and 8.4(e).
(k) The Advertiser either owns the Advertiser Content (and all intellectual property rights in it) or has a valid license to offer and supply the Advertiser Content on our Websites.
(l) If the Advertiser Content includes third-party material, the Advertiser has secured all rights, licenses, written consents (including those required by section 8.5), and releases that are necessary for the Advertiser to use that third-party property in the Advertiser Content or the Co-Authored Advertiser Content and for the later use and exploitation of that Advertiser Content or Co-Authored Advertiser Content under this agreement.
(m) The Advertiser Content is of satisfactory quality, taking account of any description of the Advertiser Content, the price, and all other relevant circumstances, including any statements or representation that the Advertiser makes about the nature of the Advertiser Content on the Advertiser’s account or in any advertising.
(n) The Advertiser Content does not depict any individual under 18-years old.
(o) The Advertiser complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Advertiser Content were at least 18-years old at the time of the production of the Advertiser Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide WDS with copies of all required written documents on request.
9. Monitoring and Enforcement; Termination
9.1 We may do any of the following at any time:
(a) Remove or refuse to post any Customer Contributions or Advertiser Content for any or no reason at our sole discretion. The reasons for removal or rejection may include where we believe the Customer Contribution or Advertiser Content is illegal, breaches this agreement, or violates applicable law.
(b) Take any action concerning any Customer Contribution or Advertiser Content that we consider necessary or appropriate in our sole discretion, including if we believe that the Customer Contribution or Advertiser Content violates this agreement, infringes any intellectual property right or other rights of any person, threatens the personal safety of our users or the public, could create liability for us, or otherwise violates applicable law.
(c) Disclose your identity or other information about you if required by applicable law or court order (including by subpoena) to any person who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity.
(d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of our Websites, including posting illegal or unauthorized Customer Contributions or Advertiser Content. We may pursue any legal remedies against you for breach of this agreement or if you otherwise engage in any activity that is illegal or otherwise violates applicable law. We will also report any Customer Contribution or Advertiser Content that could be considered exploitative of children in any way to the National Center for Missing and Exploited Children’s CyberTipline and any other applicable legal and regulatory bodies.
(e) Terminate or suspend your account or access to any part of our Websites for any reason or no reason, including (i) any breach of this agreement; (ii) the Customer Contribution or Advertiser Content infringes the intellectual property rights of another person; (iii) engaging in any activity that is fraudulent, illegal, or suspicious; (iv) engaging in conduct that threatens the personal safety of users or the public or would tend to damage our reputation and goodwill or create liability for us; or (v) otherwise violating applicable law.
9.2 It is our policy to suspend access to any Customer Contribution or Advertiser Content that we become aware of that might not comply with this agreement or applicable law while investigating the suspected non-compliance or unlawfulness of that Customer Contribution or Advertiser Content. If we suspend access to your Customer Contribution or Advertiser Content, you may request a review of our decision to suspend access to that Customer Contribution or Advertiser Content by contacting us. After investigating the suspected non-compliance or unlawfulness of that Customer Contribution or Advertiser Content, we may take any action we consider appropriate, including reinstating access, permanently removing, or disabling access to that Customer Contribution or Advertiser Content without needing to obtain any consent from you and without giving you prior notice. You must at your own cost promptly provide us all reasonable assistance (including by providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss suffered by you arising from or relating to suspending access to your Customer Contribution or Advertiser Content or any other steps that we take in good faith to investigate any suspected non-compliance or unlawfulness of your Customer Contribution or Advertiser Content under this section 9.2.
9.3 If we suspend access to or remove any of your Customer Contributions or Advertiser Content, we will notify you via email or electronic message to your user account, but we are not required to give you prior notice of that removal.
9.4 If we suspend access to your account or terminate your access to our Websites, we will let you know via email to the email address listed in your account. While access to your account is suspended, we may withhold any Advertiser Earnings due to the Advertiser but not yet paid. On termination, your right to access our Websites and all licenses granted by us terminate. We will remit to the Advertiser, no later than 45 days after the date of termination and subject to section 8.11(b) (Advertiser Earnings Withholdings), all outstanding and undisputed Advertiser Earnings earned under this agreement. In addition, the Advertiser acknowledges that we may set off against any Advertiser Earnings owed to the Advertiser any loss incurred under section 20 (Indemnification).
9.5 We will 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 our Websites (including the Interactive Services). You hereby waive and hold harmless WDS and their affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken because of, investigations by either WDS or law enforcement authorities.
9.6 We review all Customer Contributions and Advertiser Content before publication to our Websites to try to ensure that the Customer Contribution or Advertiser Content is not illegal and does not otherwise violate this agreement. But we do not endorse the opinions expressed in the Customer Contributions, Advertiser Content, or the Interactive Services. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or other person. Further, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 9.
10. Content Standards
We offer our Websites as a place where users can express their creativity and monetize their content. But users must respect the following content standards (“Content Standards”), which apply to all Customer Contributions, Advertiser Content, and use of the Interactive Services. Failure to comply with these Content Standards may result in suspension or termination. Customer Contributions, Advertiser Content, and use of the Interactive Services must, in their entirety, comply with all applicable laws and regulations. Customer Contributions, Advertiser Content, and use of the Interactive Services must not:
10.1 Depict, discuss, facilitate, promote, advertise, or solicit any illegal activity, or depict, advocate, discuss, facilitate, promote, advertise, solicit, or assist any activity that violates applicable law.
10.2 Contain any harmful, threatening, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
10.3 Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
10.4 Contain music soundtracks from professional artists in any audible recording, other than soundtracks with the permission of the copyright owner.
10.5 Promote, depict, or discuss children, child exploitation or abuse, age-play, incest, rape or non-consensual sex, sexual assault, extreme violence, non-consensual pain, blood, cutting, self-harm, suicide, erotic asphyxiation, torture, dismemberment or graphic mutilation, sadomasochistic abuse, hardcore bondage, fisting, genital mutilation, hypnosis, intoxication (including slurred speech, staggered walking/running, excessive pupil dilation), schoolgirl role-play, bestiality, hard sports, activities involving perversion or degradation (such as drinking urine, vomiting, excretion or use of excreta), menstrual bleeding, paraphilia, necrophilia, or any other matter that would be considered obscene under the applicable law and the applicable community standards.
10.6 Contain unsolicited sexual content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated sexual content concerning another person (including “deepfakes”).
10.7 Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and fully informed consent to that material (a) being taken, capture, or otherwise memorialized; or (b) being posted and shared on our Websites or the Interactive Services).
10.8 Promote or depict firearms, weapons, or goods whose sale, possession, or use is subject to prohibitions or restrictions.
10.9 Promote or depict alcohol, drugs (regardless of legality), or drug paraphernalia, including reference to the consumption of many alcoholic drinks or high strength drinks (i.e., spirits). So-called “legal highs” and “poppers” (amyl nitrate) are not permitted and will be treated in the same manner.
10.10 Infringe any patent, service mark, trademark, trade name, trade secret, copyright, or other intellectual property or other rights of any other person.
10.11 Violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this agreement or our Privacy Policy.
10.12 Be likely to deceive any person.
10.13 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
10.14 Cause any chat screen to “scroll” faster than others can type to it or any action to a similar disruptive effect.
10.15 Disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other participants.
10.16 Impersonate any person or misrepresent your identity or affiliation with any person or organization.
10.17 Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users, including unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, information announcements, charity requests, and petitions for signatures.
10.18 Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
10.19 Contain technically harmful material, including viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious software or harmful data designed to interrupt, destroy, or limit the functionality of any software, hardware, mobile device, or telecommunications equipment.
10.20 Depict private or personal information of any person.
10.21 Request personal information from or share personal information with any Advertiser or other user, including financial information, email address, telephone number, or mailing address.
10.22 Request money from or otherwise defraud Advertisers or other users.
10.23 Any reference to unprotected intercourse, or the provision of it, is not permitted in user nicknames or profile summaries on the site. This includes terms such as “bareback” and “BB.” Users offering those services should select the relevant “Enjoys” preferences in their Edit Profile page. Members seeking services should also refrain from including this and any other prohibited Terms in any reverse bookings placed.
10.24 If you are a member of our Websites within the United Kingdom and you are a producer or consumer with regards to images or movies, please be aware of the Obscene Publications Act (PPA) and the Criminal Justice and Immigration Act (CJIA), which criminalizes the possession of “extreme” pornography.
10.25 All images uploaded must be at least 400 pixels wide or tall. Increasing the amount of white space or padding around an image to increase it to this size is not accepted and may result in deletion.
11. Copyright Infringement
If you believe that any Materials (including any Customer Contribution or Advertiser Content) on our Websites infringes your copyright, please send us a notice of copyright infringement at abuse@adultwork.com. In addition, it is our policy to terminate the user accounts of repeat infringers.
12. Third-Party Content and Reference Sites
12.1 In addition to the Customer Contributions and Advertiser Content, we may provide other third-party content on our Websites (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on our Websites.
12.2 You are responsible for deciding if you want to access or use third-party websites or applications that link from our Websites (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them. Accordingly, we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with or participation in promotions of Advertisers found on or through our Websites are solely between you and that Advertiser. Thus, you access and use Reference Sites, including the information, materials, products, and services on or available through Reference Sites, solely at your own risk.
13. Changes to our Websites
We may update the Materials on our Websites from time to time, but our Websites’ Materials are not necessarily complete or up to date. Our Websites’ Materials may be out of date at any given time, and we are not required to update those Materials.
14. Information About You and Your Visits to our Websites.
For information about how we collect, use, and share your personal information, please review our Privacy Policy.
15. Terms of Sale
15.1 In General. Our Websites are a marketplace that allows you to buy access to certain features, content, or services from third-party Advertisers. All transactions and interactions facilitated by us are contracts between you and the Advertiser. Although we facilitate transactions and interactions between Customers and Advertisers by providing our Websites, storing content, and acting as a payment intermediary, we are not a party to any contract between a Customer and an Advertiser. We are not responsible for any transactions or interactions between Customers and Advertisers. Advertisers are solely responsible for determining (within the parameters for pricing on our Websites) the pricing applicable to transactions and interactions and the content to which you may be given access or buy.
15.2 Virtual Money
(a) Acquisition. Our Websites include a virtual, in-app currency (“Virtual Money”), including coins, cash, credits, tokens, or points, that you must buy from us for “real-world” money. To buy Virtual Money, you must be a legal adult in your country of residence and have a valid accepted form of payment. Pricing for Virtual Money excludes any taxes or currency transmission charges, which are extra costs charged to you. We accept payment through our payment processor via the payment methods identified on our Websites at checkout. You must comply with any relevant terms of service or other legal agreement that governs your use of your chosen payment method. You authorize us to supply your payment card details to a third-party payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. It is your responsibility to check the price before buying Virtual Money. We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. AW reserve the right to offer promotions in order to attract new Members and to gain traffic to the site. We reserve the right to offer limited free previews of Private Galleries and Movies in any such marketing, promotion, or campaign.
(b) Use. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Money as part of our Websites, you have no interest in or to any Virtual Money appearing or originating on our Websites, or any other attributes associated with our Websites or stored within our Websites. We have the absolute right to manage, regulate, control, modify, or eliminate that Virtual Money at our sole discretion, and we will have no liability to you or anyone for exercising those rights. We prohibit transfers of Virtual Money unless explicitly authorized on our Websites. Except as provided in this agreement, you must not sell any Virtual Money for “real-world” money or otherwise exchange those items for value. Any attempt to exchange Virtual Money for actual currency, other than following the process established by us, violates this agreement and may lead to a lifetime ban from our Websites and possible legal action.
(c) Paid Content. Our Websites permit third-party Advertisers to post photos, videos, audio (for example, music and other sounds), and text (such as comments and hashtags) that can only be accessed after payment of a specified amount of Virtual Money (“Paid Content”). Advertisers determine the amount of Virtual Money to charge for Paid Content. We may remove any Paid Content, in whole or in part, for any or no reason. By buying or accessing any Paid Content, you acknowledge that (a) we are not the creator or source of that Paid Content; (b) the Advertiser posting Paid Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to that Paid Content posted by that Advertiser; (c) you buy or use Paid Content solely at your own risk; (d) we have no responsibility for viewing or screening any Paid Content other than to ensure that the Paid Content is not illegal and does not otherwise violate this Agreement; and (e) you forever release us, our affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and attorneys from all claims and liabilities associated with, arising from, or in any way relating to Paid Content.
(d) Refunds. All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for unused Virtual Money. If you are unhappy with a transaction with an Advertiser, please inform that Advertiser. If there is a technical error on our Websites, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please contact us and explain the circumstances you think merit a refund. We are not making any promise that we or any Advertiser will offer you a refund. If we issue a refund at our sole discretion, we will issue that refund in the form of either a credit to your Virtual Money balance or the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 15.2(d) does not affect any statutory right to receive a refund that you may have under the Consumer Rights Act of 2015 or any other applicable law, except that you do not have the right to a refund for (a) digital products after you have started to download or stream these; or (b) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
(e) Forfeiture. We may expire part of your Virtual Money if no Transaction Activity is detected on your account for 180-consecutive days. “Transaction Activity” means any action that uses Virtual Money, such as buying Paid Content. We will use reasonable efforts to notify you via email before expiring or deducting Virtual Money from your account. On determining that there has been no Transaction Activity on your account for 180-consecutive days, every 30 days afterward we will deduct 10% of the Virtual Money in your account as an administrative charge on a straight-line basis for as long as you continue to stay inactive. We will make deductions first to free Virtual Money (if any), then to Virtual Money that you have bought from us. To avoid expiration or deduction of your Virtual Money, all you have to do is log in to the Website and use any of your Virtual Money. When you use your Virtual Money, we will stop making further deductions of Virtual Money from your account, but you will not be entitled to restoration of any Virtual Money that has been previously deducted from your account. If you delete your account or if we terminate your account for breach of this agreement, you will lose any accumulated Virtual Money.
15.3 Taxes. You are responsible for all applicable federal, national, state, provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
15.4 Billing Errors. If you believe that we have charged you in error, you must notify us in writing no later than 30 days after receiving the billing statement in which the error first appeared. If you do not let us know in writing of an error within this period, you waive any disputed charges. You must submit any billing disputes by email to us via this form, including a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
16. Acknowledgments and Warranty Disclaimers
16.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or our Websites will be free from loss, corruption, attack, viruses, other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and keeping a means external to our Websites for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of our Websites or any services or items obtained through our Websites; or (b) by your downloading of any material posted on our Websites or any websites linked to them.
16.2 You acknowledge that all transactions and interactions regarding Advertiser Content and Advertiser Offerings on our Websites are between you and the applicable Advertiser. You further acknowledge that we are not a party to or responsible for any transaction or interaction between you and any Advertiser. Nor are we responsible for any Advertiser Content found on our Websites. We do not own any Advertiser Content or Advertiser Offerings on our Websites, and the views expressed by Advertisers in their Advertiser Content or Advertiser Offerings do not represent our views.
16.3 You assume sole responsibility for all risks, consequences, and damages resulting from your interaction or association with our Websites, including risks associated with the publicity of appearing on the Internet; the risk of recording, piracy, or unauthorized dissemination of Customer Contributions or Advertiser Content; or the risk of publication of your identity, including publication of your personal information.
16.4 You use our Websites, the Materials, and any services or items obtained through our Websites at your own risk. We offer our Websites, the Materials, and services or items obtained through our Websites “as is” and “as available” without making any express or implied warranty. Neither we nor any person associated with us is making any warranty to our Websites’ completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that our Websites, the Materials, or any services or items obtained through our Websites will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Websites or the server(s) that makes them available are free of viruses or other harmful components; or (4) that our Websites or any services or items obtained through them will otherwise meet your needs or expectations.
16.5 We are not making any warranty about our Websites, whether express, implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from us, our Websites, or elsewhere will create any warranty not expressly stated in this agreement.
17. Limitation of Liability; Release
17.1 WDS, their directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies in the Materials.
(b) Property damage resulting from your access to and using our Websites or the Materials.
(c) Materials or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
(d) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.
(e) Interruption or cessation of transmission to or from our Websites.
(f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through our Websites by any person or that might infect your computer or affect your access to or use of our Websites, your other services, hardware, or software.
(g) Incompatibility between our Websites and your other services, hardware, or software.
(h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with our Websites.
(i) Loss or damage incurred because of the use of any Materials (including Customer Contributions and Advertiser Content) posted, emailed, sent, or otherwise made available through our Websites.
17.2 You hereby release us, our directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of Customer Contributions, Advertiser Content, or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
18. Exclusion of Damages; Exclusive Remedy
18.1 Unless caused by their gross negligence or intentional misconduct, WDS, their directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access our Websites or the Materials. This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.
18.2 WDS, their directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access our Websites or the Materials. This exclusion applies regardless of the theory of liability, and even if you told us about the possibility of those damages, or we knew or should have known about the possibility of those damages.
18.3 If you are dissatisfied with our Websites or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using our Websites. Our and our directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers’ maximum liability to you for any claim will not exceed the greater of £200 and the amount you have paid for the applicable purchase out of which liability arose, even if the remedy fails of its essential purpose.
19. Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations stated in sections 16, 17, and 18 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. For example, this agreement does not exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of England and Wales. Accordingly, because some jurisdictions may prohibit the disclaimer of some warranties, excluding some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
20. Indemnification
20.1 In General. You will pay us, our directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of, or conduct on, our Websites; (b) your Customer Contributions or Advertiser Conduct; (c) your conduct offline; (d) your breach of this agreement or our other policies and agreements; (e) your failure to pay taxes in connection with the Advertiser Earnings earned under this agreement; (f) your dispute with any other user; (g) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (h) your violation of any applicable law; (i) your tortious acts or omissions; or (j) your criminal acts or omissions. But you are not required to pay if the Indemnified Party’s intentional misconduct caused the loss.
20.2 Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
20.3 Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
20.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
20.5 No Exclusivity. The Indemnified Parties’ rights under this section 20 do not affect other rights they might have.
21. Governing Law and Jurisdiction
21.1 Governing Law. English law (including its statutes of limitations) governs all matters arising out of or relating to our Websites or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
21.2 Jurisdiction. All disputes arising out of or relating to our Websites or this agreement will be subject to the exclusive jurisdiction and venue of the courts of competent jurisdiction located in England, and each party hereby submits to the personal jurisdiction of those courts to resolve those disputes. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
21.3 Injunctive Relief. The parties acknowledge that breach by either party of their obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 21.3 prevents either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to our Websites, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
21.4 Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 21.4, “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
21.5 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
21.6 Class Action Waiver. All claims must be brought in the parties’ individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the trial judge will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
21.7 Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to our Websites or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
22. General
22.1 Entire Agreement. This agreement and our other policies and agreements constitute the entire agreement between you and us about your use of our Websites and supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on our Websites will govern the items to which they pertain.
22.2 Changes. We may change this agreement on one or more occasions. We will post changes on our Websites at least 15 days before they become effective (“Effective Date”). Changes will become effective on the Effective Date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising from or relating to events before the Effective Date. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. You agree to the revised agreement by using our Websites after the Effective Date. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing our Websites before the Effective Date. If you need more information about the changes or have any other questions or comments, please contact us.
22.3 Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 22.3 is void.
22.4 Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
22.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
22.6 Notices
(a) Notice to Us. You may give notice to us by email at privacy@adultwork.com unless our Websites specify a different email address for giving notice. We may change our contact information on one or more occasions by posting the change on our Websites. Please check our Websites for the most current information for notifying us.
(b) Notice to You—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on our Websites chosen for this purpose. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
22.7 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
22.8 No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 20 of this agreement having the right to enforce section 20, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
22.9 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties expressly disclaim the existence of any of these relationships. Neither party is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
22.10 Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
22.11 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to or from us as open communications readily accessible to the public. You should not use our Websites to send or receive messages you only intend the sender and named recipients to read. Users or operators of our Websites may read all messages you send to or through our Websites regardless of whether they are the intended recipients.
22.12 Electronic Signatures. Any affirmation, assent, or agreement you send through our Websites will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other devices, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
22.13 Unsolicited Idea Submission Policy. Our employees and we do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If you still submit your ideas to us despite our policy, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be non-confidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
22.14 Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our current business and do not include ideas that the policy stated in section 22.13 prohibits. Any feedback you provide is considered non-confidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
22.15 Complaint Policy. If you have a complaint about our Websites (including any complaint about content appearing on our Websites or the conduct of a user), please send your complaint to abuse@adultwork.com, including your name, address, contact details, a description of your complaint, and, if your complaint relates to content, the URL for the content to which your complaint relates. If you cannot contact us by email, please write to us at the most appropriate address identified in section 22.18. After receiving your complaint, (a) we will take those steps as we consider to be appropriate to investigate your complaint and resolve all reported complaints within seven (7) business days; (b) if we require further information or documents from you, we will let you know; and (c) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about content that appears on our Websites and we are satisfied that the content is unlawful or otherwise breaches this agreement (including the Content Standards), we will immediately act to remove that content. We are not required to inform you of the outcome of your complaint. You state that you will not make any complaint under this section 22.15 that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your account.
Please note, that AW is unable to mediate, be part of or held responsible in any potential financial disputes between members of Moresomes accounts. By creating a Moresomes account, you hereby declare and warrant that your logins/credit withdrawals have been pre-arranged and pre-agreed upon between all members of the Moresomes account prior to its creation.
22.16 Survival. On termination of this agreement, any provision that, by its nature or express terms, should survive will survive the termination of this agreement.
22.17 English Language. We drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
22.18 Your Comments and Concerns. Our Websites are operated by the parties described here. All abuse notices, including alleged child exploitative material and copyright infringement, should be directed to abuse@adultwork.com. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us through our Help Center.
Last updated: Tuesday 15 Oct 2024