1.1.1. Company is the operator of the https://pt.xhmoon5.com/ Website. “Company” has the meaning defined in this Agreement. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these pronouns are referring to the Company and/or to any other sites that We may choose to operate in the future. Additionally, when the terms “the Site” or “Site” or the “Website” are used, these terms refer to https://pt.xhmoon5.com/, any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site(s), and the services available to the Site and that the Site provides (“Services”), may contain images and videos (collectively referred to as the “Content”) and text, software, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively referred to as the “Materials”).

1.1.2. You, the User. As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. By using this Website, You certify that You are over eighteen (18) years of age or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction.

1.1.3. User vs. Member vs. Verified Member. For the purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site to have this Agreement applied to You. You are not considered a Member, as defined by this Agreement, until such time as You have submitted Your online account Registration (hereinafter “Registration”). You become a Member by registering with the Site for a User ID and password, as required by the Registration, as discussed below, or by enabling and registering with other available means of registration defined in Our Website. Registration is available without the provision of Your e-mail address. Also, registration is available via “Sign up with Google” function, that is available in the registration page of the Site. You are not considered a Verified Member, as defined by this Agreement, until such time as You have submitted Your online application to participate in Our Creators’ Program (hereinafter “Verification”), subject to these Terms and the Creators’ Program Terms. You become a Verified Member once Your application has been reviewed by Us and Your online account has been accepted into the Creators’ Program.

1.2.1. Nobody is authorized to access the Site or use the Services, unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 and similar federal and state laws. YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENT BY TAKING ANY ACT DEMONSTRATING YOUR ASSENT THERETO. Most likely, You have clicked or will click a button containing the words “I agree”, “Sign Up” or some similar syntax or use “Sign up with Google” function in order to register on Our Website. YOU SHOULD UNDERSTAND THAT THIS HAS THE SAME LEGAL EFFECT AS YOU PLACING YOUR PHYSICAL SIGNATURE ON ANY OTHER LEGAL CONTRACT. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then You have legally agreed to all of these Terms and Conditions. Additionally, by using any of Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.

1.2.2. If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing of the Site or using any portion of the Site or Our Services.

1.5.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If any amendment of this Agreement is deemed ineffective or invalid by any court, You and We (collectively, the “Parties”) agree that the prior, effective version of this Agreement will be considered valid and enforceable to the fullest extent permissible by law.

1.5.2. We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately apparent that We have updated the Agreement. The Agreement is located at https://pt.xhmoon5.com/info/terms and a link to the Agreement is also at the bottom of the home page of the Site under “Terms of use”. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “Last Modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Modified” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.

1.5.3. Waiver. if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms and We shall not be held responsible.

1.6.1. Privacy Policy (available via https://pt.xhmoon5.com/info/privacy);

1.6.2. Cookie Policy (available via https://pt.xhmoon5.com/info/cookie-policy);

1.6.3. Copyright infringement / DMCA Policy (https://pt.xhmoon5.com/info/dmca);

1.6.4. Trust and Safety (https://pt.xhmoon5.com/info/trust-and-safety); which describes our approach to moderation practices, content upload requirements, and technical and organizational safeguards.

2.1.1. All Users may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.

2.1.2. By accessing the Site, You certify that:

2.2.1. Although a big part of the Site is available without creating an account, to access certain features of the Site and Services, You must either register as a Member of the Site or become a Verified Member.

2.2.2. In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Registration (such information being the “Registration Data”); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a Member or a Verified Member.

2.2.3. Community User. Upon completing the Registration, You may choose to become a Community User by submitting a photographic image containing Your face and a handwritten text of Your username and “xHamster.com”. If You comply with requirements described herein, You will receive a special mark that confirms Your status as Community User.

2.2.4. Verified Member. this option is available for all Members, and it is offered for the purpose of allowing Members to activate the Creators’ Program features, including but not limited to, uploading Content to the Site. Member’s verification means that such User’s documents (documents containing Your full legal name, picture, date of birth and other identifying features such as Your address) and data have been verified by a third-party service provider as engaged by Us from time to time. We do not accept any liability for the services provided by such third-party service provider. All data processing is done pursuant to Our Privacy Policy and the third-party service provider’s privacy policy. We may request additional documents from a Member for Verification to establish Your age and identity both prior and after the Verification, and We may also change the number of documents requested from Members from time to time at Our sole discretion. Types of documents accepted for Verification purposes are not the same for everyone and are set, between Us and the service provider, on a country basis and may include one or several of the following: national ID, national passport, international passport, citizenship card, state ID, driver’s license (only for countries where a national ID or passport is not mandatory). We reserve the right to review all and any verification results received from the service provider engaged at a time and render Our own final and binding decision as to the acceptance of data provided. However, should the Site verify the identity of a particular Member, such verification does not reflect or have any bearing on that Member's professional reputation or reliability as a proper business partner and, therefore, it should not be relied upon. Verified Members are in no way endorsed by the Site or its agents and have not been subjected to any screening process except as described above in this provision. Therefore, We specifically disclaim any and all liability associated with any communication, both online or offline, between any user and such Verified Member.

2.2.5. Members are permitted to create one (1) account only.

2.2.6. Membership may not be transferred or sold to a third party unless otherwise permitted by Us in writing.

2.2.7. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account.

2.2.8. In circumstances where any national or state law or any other jurisdiction implements a regulation that requires the age verification of Users, the Company may require the User to confirm their legal age. Such confirmation may be carried out with the assistance of third parties who provide verification services. By proceeding with such verification, the Member authorizes the Company to transfer their personal data to the third party for the purposes of confirming their legal age.

2.2.9. User access to the Site is free of charge. We do not provide paid memberships of any kind. Any premium memberships or subscriptions made available via the Site are provided in part or entirely by third parties, regardless of any branding or names associated with such memberships. The Site is not responsible for the activities of any third party or the content of any third party site, including a third party’s use of cookies or any other information (such as IP address, browser type or operating system) collected when You click through links on the Site to their sites or view their advertisements. Links to such third party sites are not to be taken as an endorsement by the Site of the third party site or any products or services promoted therein, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties. You are responsible for reviewing any terms and conditions of and the privacy policies of such third party sites.

2.2.10. We are committed to transparency regarding our recommendation system, as mandated under article 27 of the Digital Services Act (the "DSA"). To learn more about the main parameters used as well as any options for you to influence those main parameters of our recommendation system, please visit our EU DSA page.

2.2.11. A verified Member has the right to participate in Our Referral Program, as it is described in Appendix 1 to this Agreement.

2.3.1. You have the option to cancel Your membership at any time through your profile settings. Then click on "Disable account", enter Your password and then click the "Deactivate account" option. This Agreement's provisions shall survive any deactivation or termination, unless otherwise stated. Upon Our processing of Your request, You will no longer have access to the non-public areas of the Site to which You were a Member. It is hereby emphasized that the purpose of the “Deactivation” option is to allow You to close Your account and make it publicly unavailable and it is not to delete any or all of Your Content and account permanently. After a deactivation, Your account may only be restored if You had provided Us with an e-mail address and only in cases where such e-mail address has been verified. After six (6) months, deactivated User accounts without any uploaded content that have not been reactivated, may be permanently deleted at the sole discretion of the Company.
In accordance with Our Privacy Policy, You also have the right to delete Your account and all information that We store about You permanently. The possibility to delete your account may be available to you in your profile settings (click on "edit profile" and then select the "Disable account" option). Alternatively, You may use Our Contact us / Single point of contact.

2.3.2. Without limiting other remedies, We may temporarily or indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:

2.3.3. You agree that neither Us nor any third party acting on Our behalf shall be liable to You for any termination of Your account or access to any part of the Site or Services.

2.3.4. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site, using the same or different username, without a prior written consent from Us.

2.3.5. In order to maintain the integrity of the Site and Services, fulfill the terms of the Agreement or to investigate complaints, You agree to allow Us to access Your account and any other information You have submitted or created, for as long as reasonably required to investigate the complaint or protect Our interests.

2.3.6. You agree that You will not use Our Services to publicly discuss any infractions, warnings, or bannings. You must discuss any concerns about such topics with Us directly.

2.3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred euros (100.00 EUR) in additional liquidated damages as well as any costs incurred by Us for each fee incurred.

2.3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws.

2.3.9. Account Deletion Due to Inactivity

2.3.10. Liability for Breaches

2.4.1. Stolen Cards: We take credit card fraud very seriously. If we suspect that a Member has used a stolen or fraudulent credit card, this will result in the notification of the appropriate law enforcement agencies and termination of such Member’s account.

2.4.2. Stolen or Fake IDs: We take ID fraud very seriously. If we suspect that any Member has used a stolen or fraudulent ID in the process of Member verification or co-performer verification pursuant to Creators’ Program features, this will result in the notification of the appropriate law enforcement agencies and termination of such Member’s account.

2.10.1. Inform You of any change to the status of Your account;

2.10.2. Inform You about contact(s) from another Member(s);

2.10.3. Provide information to You regarding similar products or services;

2.10.4. Inform you of any significant changes made to this Agreement or any other internal rules of the Company.

2.12.1. Suspension of services. We reserve the right to suspend the provision of Our services for a reasonable period of time to Users that provide manifestly illegal content. Such suspension shall occur after the issuance of a prior warning to the User, depending on the severity of the violation.

2.12.2. Suspension of notice and complaint processing. We reserve the right to suspend, for a reasonable period of time, the processing of notices and complaints submitted through Our notice and action mechanisms (available via Contact us / Single point of contact) and internal complaints-handling systems (appeal procedure which is also available via Contact us / Single point of contact) if they are frequently found to be manifestly unfounded. Prior to suspension, a warning will be provided to the complainant, depending on the severity of the violation.

2.12.3. Assessment Criteria. When determining whether suspension is warranted under paragraphs 2.12.1. and 2.12.2. above, We will assess the behavior of the User on a case-by-case basis. This assessment will be conducted in a timely, diligent, and objective manner, taking into account the following circumstances:

2.13. Internal complaint handling system. Under article 20 of the DSA You have the right to appeal decisions made by Us through our internal complaint-handling system. This system allows You to lodge complaints against decisions related to content removal or visibility, service suspension, account termination, or monetization restrictions. You can utilize the appeal system within six (6) months of receiving the statement of reasons about Our decision, using Our Contact us / Single point of contact. Once We receive Your appeal, Our responsible team will review it and inform You promptly of its outcome.

3.1.1. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.

3.1.2. You represent and warrant that You will not allow any minor(s) to access this Site or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility to keep any age-restricted content from being displayed to Your children or wards.

3.2.1. You represent and warrant that Your Content contains nothing involving minors.

3.2.2. We have zero tolerance against those who provide or seek any kind of material involving minors.

3.2.3. To uphold Our zero-tolerance policy, You agree to report any videos or images, whether real or simulated, that seem to depict minors on Our Site, in the unlikely event that this such a situation occurs. If You come across any questionable content, report this immediately using the flag option or through our Contact us / Single point of contact.

3.2.4. All reports will be investigated immediately and all appropriate actions will be taken.

3.2.5. If such exceptional situation occurs, We shall cooperate with the appropriate law-enforcement agency of the relevant jurisdiction. If You suspect other third-party websites participating in any unlawful activities involving minors, please report them to Your local law-enforcement agency. You may also report them to ASACP.org: www.asacp.org.

3.2.6. We are committed to making the use of Our Site a safe and pleasant experience for Our Members, and We are committed to combat any kind of illegal content, including but not limited to, minors. In order to do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically make audits of Member correspondences, Materials, Content, profiles and forums within the Site, which include the usage of any communication system offered via the Services. To effectively combat any illegal content which may appear in a Member’s communication, You agree to such audits being conducted with the help of a third-party service provider.

3.2.7. Section 230 Notice. You acknowledge that it is Your responsibility to prevent minors under Your care from accessing any harmful or inappropriate materials. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate materials. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: www.getnetwise.org, www.child-internet-safety.com or https://pt.xhmoon5.com/info/parentalcontrol, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filters. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your child(ren) or ward(s).

5.2.1 Upload, post, or otherwise make available any files or products that contain images, photographs, software or other material protected by intellectual property laws, including, for example, copyright or trademark laws (or rights of privacy or publicity) unless You own or control the rights to such material or have obtained all necessary consents;

5.2.2. Upload, post, or otherwise make available any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes, but is not limited to, submissions involving minors, animals, rape, incest, violence, blood, defecation, vomiting, persons under the influence of alcohol or drugs, unconscious or sleeping persons (this list is given as an example only and is not an exhaustive list of submissions that are forbidden on the Website);

5.2.3. Harm or exploit minors in any way. This includes, but not limited to, uploading, posting, emailing, or otherwise transmitting any submission involving a minor;

5.2.4. Upload, post, or otherwise make available any submission depicting or involving animal cruelty;

5.2.5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

5.2.6. Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the Site;

5.2.7. Upload, post, or otherwise make available any submission that You do not have a right to transmit under contractual or fiduciary relationships. This includes, for example, any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;

5.2.8. Upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, unless specifically designated by us for such purposes;

5.2.9. Interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Site;

5.2.10. Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations enforceable by law;

5.2.11. Stalk or otherwise harass another Member or User of the Site;

5.2.12. Collect or store personal data about other Users, or Members, including via the use of any data mining, bots, or similar data gathering and extraction tools;

5.2.13. Duplicate any part of Our Site or the Materials contained therein or received via the Services, except as expressly provided elsewhere;

5.2.14. Create any derivative works based on Our Site, or on any of the Materials contained therein, or received via the Services. You agree and stipulate that any and all derivative works are NOT considered “fair use”;

5.2.15. Use Our Site or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;

5.2.16. Re-distribute or “scrape” Our Site or any of the Materials contained therein or received through the Services. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;

5.2.17. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained therein;

5.2.18. Frame or utilize any framing techniques in connection with Our Site or any of the Materials contained therein;

5.2.19. Use any meta-tags or any other “hidden text” using Our Site’s name or marks. You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand euros (5,000 EUR) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs;

5.2.20. Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services. This includes actions such as the theft of usernames and passwords or using another person’s username and password to gain unauthorized access to a restricted area of the Site;

5.2.21 Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or Services or any of Your rights to access and use the Materials or Services, as granted specifically by this Agreement;

5.2.22. Use Our Services for any commercial purpose, unless expressly agreed to by Us in writing and at Our sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use only;

5.2.23. Share any information provided to You by another Member, unless such Member has given You permission to do so;

5.2.24. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

5.2.25. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property or of the Site and Services;

5.2.26. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;

5.2.27. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

5.2.28. Restrict or inhibit any other user from using and enjoying the Services;

5.2.29. Publish falsehoods or misrepresentations that could damage the Site or any third party;

5.2.30. Unless expressly permitted by Our company, post advertisements or solicitations for any business;

5.2.31. Use the Services in connection with unlawful contests, lotteries, or gambling, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

5.2.32. Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any Member You meet on this Site;

5.2.33. Request or send money, or any other form of financial assistance, from or to any Member that You encounter on this Site;

5.2.34. Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;

5.2.35. Create a username, that consists only of keywords and categories, that are usually used for search optimization in the industry. It is also prohibited to exploit search engine optimization in order to obtain more views and popularity of Your profile and interfere the work of the Company’s search optimization;

5.2.36. Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;

5.2.37. Provide personal contact information, such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.

5.2.38. Use all the content and materials available on our Site for the purpose of use with, training of and improving any third-party machine learning and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative or another type.

5.3.1. Fraud and Scam Warning. The Site has no way of determining the validity of any communication that You receive from another Member or the legitimacy of the person behind such communications. You expressly understand and agree that if any other Member or individual You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is highly likely a scam or a fraudulent scheme and You are at a very high risk of being defrauded. We strongly suggest reporting this along with the username of the requesting Member immediately using our Contact us / Single point of contact and reporting this to Your local law enforcement authorities.

Please be advised that the reference to the “Company” in this section and throughout the Agreement refers to the operator of the Website, which is:

5.3.2. We reserve the right to review and/or reject any Content created and/or posted by Users. We may delete any Content contained within, including but not limited to, the communication mediums set forth in Section 5.3, without warning. However, the Site undertakes no obligation to monitor User content or take any such actions. We encourage Our Users to report any violations of the restrictions specified herein using our Contact us / Single point of contact. Uploading prohibited depictions violates this Agreement, and may result in the suspension or deletion of Your account as well as any other measures We deem, in Our sole discretion, as necessary.

6.2.1. You own or have the necessary licenses, rights, consents, and permissions to use Your submissions and authorize the Site(s) to use all patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights in and to all of Your submissions to enable inclusion and use of the submissions in the manner contemplated by these Terms and the agreement that You sign to participate in the Creators’ Program;

6.2.2. You retain all ownership rights in Your submissions. However, by contributing Your submissions to the Site(s), You grant a worldwide, perpetual, non-exclusive, royalty-free, sublicensable and transferable right and license to: copy, modify, publicly perform, and publicly display Your submissions on Our Site.

6.2.3. You have the written consent, release, and/or permission of each and every identifiable person in Your submissions to use the name or likeness of each individual for use in Your submissions in the manner contemplated by these Terms and You are also authorized to provide their ID documents for co-performer verification, as required by agreement that You sign to participate in the Creators’ Program.

6.2.4. You signed with the Company the special agreement to participate in the Creators’ Program, which shall include at least the following provisions:

6.8.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in these Terms.

6.8.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly available.

6.8.3. The Site does not permit any non-Verified Members to upload a main photo depicting any nudity, erotic, drugs (the drugs themselves and the persons under influence of drugs), gore/blood, weapons, guns, advertisement (URL, QR codes, telephone numbers), minors, and other inappropriate content defined at the Company’s discretion.
The Company reserves the right to moderate all avatars (main photos) uploaded to the Site by Members in order to verify the compliance with these Terms. Such moderation may be carried out with the assistance of third parties that specialize in moderation and verification services. By uploading the avatar (main photo/s), the Member authorizes the Company to transfer it to the third party for the purposes of moderation and verification.

6.8.4. The avatar (main photo/s) must comply with this Agreement. If it does not, We reserve the right to delete it without providing any prior notice and close Your account.

8.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

8.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;

8.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

8.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;

8.1.5. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

8.1.6. THE SITE RESERVES THE RIGHT TO DELETE ANY CONTENT OR LINK WITHOUT ANY NOTICE OR WARNING TO THE USER WHO UPLOADED IT.

8.1.7. THE SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE SITE OR THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

9.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;

9.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

9.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;

9.1.5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;

9.1.6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.6.1. You understand and accept that Our Site and Services is an entertainment and a recreational service. All Content depicts consenting models over the age of eighteen (18) or twenty-one (21) years of age, depending on the age of majority in their jurisdiction, that have provided rights to the Site to publish the content. All Content is provided for the amusement and entertainment of Our Members and Users.

10.6.2. Any User accessing Our Site in an effort to engage in or facilitate illegal or tortious activities shall have their account and/or access to the Site and the Services subject to immediate cancellation, and may be reported to the appropriate law enforcement authorities.

10.6.3. You understand and accept that if You attempt to contact other Members on the Site, all activities or interactions resulting therefrom are solely of Your own volition. You understand and accept that no communication between You and other Members is private because such communication may be disclosed by the malicious actions of other parties who are part of such communication. You hereby specifically release Us and all other Members from any liability for any privacy violations, defamation, publicity, false light, and related torts, in the event that Your communications and/or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.

10.6.4. We do not endorse, confirm, support, verify or validate the accuracy or the reliability of any of the information posted by Members on this Site. This includes but is not limited to Member identity, text, photographic images, videos, and any other content. You are encouraged to thoroughly inspect the credentials and background of any person You have contact or communicate with via Our Site or Services.

10.6.5. You explicitly and expressly understand and agree that We assume no liability or responsibility, financial or otherwise, for the truthfulness, accuracy, intent, motives, or behavior of anyone on this Site or any of its affiliate sites. Your contact or communication with Members on this Site, and on any affiliate sites if applicable, is at Your own risk. People use the Internet for various motives and intentions. It is solely Your responsibility to verify the accuracy, truthfulness, good intentions, and motives of anyone that You contact or communicate with on this Site. We are not responsible, nor liable for any aspect, legal or otherwise, of any conversations, contact, or other information exchanged between Members online or offline.

10.6.6. When interacting with Members of this Site, do not provide any personal information to individuals who can misuse that information to Your detriment. While the Site and Services may provide a venue for the exchange of information, ideas, and even goods or services, they do not act as a guarantor of the accuracy of such information or activity, and all Users/Members are encouraged to approach the veracity of any communications or contact occurring as a result of the Site and Services with cautious.

10.7.1. Sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy violations, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or services and any other technical failure that may result in inaccessibility to the Site, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Site and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.

10.7.2. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the Parties to be interpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the Parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

17.1.1. The Arbitrator shall have no authority to vary or ignore the provisions of this Agreement. The arbitrators shall be bound by and apply Cyprus law to any dispute submitted for arbitration hereunder, and this Agreement shall be interpreted in accordance with the laws of the Republic of Cyprus. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL, BY JURY OR OTHERWISE, IN REGARD TO ARBITRAL CLAIMS.

17.1.2. No waiver of right to arbitration. There shall be no waiver of the right to arbitration, unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

1.2.1. Referrer shall become a Verified Member as defined in General Terms and Conditions of the Site - https://pt.xhmoon5.com/info/terms (the “General Terms”).

1.2.2. After the Referrer’s successful and finalized registration as a Verified Member, the Referrer will receive a Referral Link (which is unique and personalized) via personal profile on the Site. Referral Link is a unique code that allows the Company to track that the Invited Member was invited by the Referrer.

1.2.3. Referrer may share the Referral Link with any natural person or legal entity via any available sources of communication, e.g. via social media, e-mails, websites. Referrers must comply with all applicable laws and regulations and may not make any unlawful and/or unsolicited actions during the sharing of the Referral Link. The Referrer must comply with up-to-date electronic communication and direct marketing laws and regulations, which may include the laws of the jurisdiction where the intended Invited Member resides. Any distribution of the Referral Link that could constitute unsolicited commercial email or spam under any applicable law or regulation is expressly prohibited and will constitute grounds for immediate termination of Your account and exclusion from Referral Program. The Company reserves the right to automatically disqualify suspicious Referrals.

1.2.4. The Invited Member shall only be a natural person or legal entity that is new on the Site and that has never been registered on the Site. The Referrer may not receive any income from the Invited Member that was registered as a Verified Member on the Site prior to receiving the Referral Link from the Referrer. The Referrer shall not receive any income from rejected or incomplete registration attempts by the Invited Member.

1.2.5. The Invited Member shall register as a Verified Member in accordance with the General Terms via Referral Link of the Referrer. We shall not pay any reward to the Referrer if the registration as Verified Member of the Invited Member was made without the Referral Link. It is an obligation of the Referrer to provide the Invited Member with the Referral Link, and We bear no responsibility if the registration as Verified Member was made without such Referral Link.

1.2.6. The Referrer may receive five percent (5%) of the total income, which the Invited Member will receive from the Company during the twelve (12) months after the registration as a Verified Member. The Company, at its sole discretion, reserves the right to define sources of income of the Invited Member that will count towards calculation of the Referrer's reward. The Company will place such sources and Referrer's reward on a special web page available for the Referrer.

1.2.7. The duration of the Referral Program is twelve (12) months after the registration of the Invited Member as a Verified Member. The duration of the Referral Program starts from the date of the creation of the account by the Invited Member (not from the date of verification of this account, not from the upload date of its first uploaded video, etc.).

— The duration of the Referral Program starts from the date of the creation of the account by the Invited Member on the Site or on the website(s) of the third-party service providers, depending on which action occurred first.

— You give Us the right to transfer Your personal data to the said third-party service providers, in accordance with Our Privacy Policy.

— At the same time, We do not own and/or operate the third-party service providers’ website(s). You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, do not screen or endorse them, and are not responsible for or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We encourage You to read the terms and conditions and/or privacy policy of the said third-party service providers carefully prior to entering legal relationships with them.

3.1.1. The Referrer must be at least eighteen (18) years old or twenty-one (21) years of age, depending on the age of majority in his/her jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

3.1.2. The Referrer must finish the registration as a Verified Member according to the General Terms.

3.1.3. The Referrer must have full power and authority to enter into this legal relationship, and by doing so will not violate any other legal relationships.

3.1.4. The Referrer must ensure that the Invited Member is at least eighteen (18) years old or twenty-one (21) years of age, depending on the age of majority in their jurisdiction, according to Invited Member’s relevant jurisdiction and that the Invited Member is registered as a Verified Member.

3.1.5. The Referrer and the Invited Member must fully comply with the General Terms.

3.1.6. The Referrer must not use any illegal content, ways and/or actions to attract Invited Members to register on the Site. In the event that We believe, at Our sole and absolute discretion, that the Referrer violates these Terms and General Terms, Your account with the Company will be immediately terminated, and all rewards that would have otherwise been payable to You hereunder will be deemed surrendered by You in partial payment of the damages for Your breach.

3.1.7. The Referrer must not engage in any type of spamming. No spamming of any kind or in any form, whatsoever, is permitted in relation to Referral Program.