Terms and Conditions

Purpose of the Content Platform

Peach.com provides an online platform providing social networking capabilities including both a text and content sharing service (the “Content Platform”) whereby individuals accessing the Content Platform (each a "User") to purchase individual and periodic memberships to content offered by Independent Creators. “Independent Creators” are members of the Content Platform who have provided the necessary age verification documentation in order to enable their account to share video, audio, and photo content in which they have the necessary rights and permission to upload to and share through the Content Platform (collectively, the “Content”). Users and Independent Creators are subject to the minimal restrictions set forth in these Terms, which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Users and Independent Creators. Subject to safety and legally required rules, Independent Creators may produce and share Content as and when they determine, including setting their own rules for other Users with whom they may interact, subject in all respect to these Terms.

Adults Only, No Access by Minors

The Content Platform is only open to consenting adults looking to express themselves in the form of viewable content and messaging. We have zero tolerance for any minors accessing the Content Platform, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being shared or requested through the Content Platform for any reason. Please be advised that we reserve the right to report each and every suspected and/or alleged minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is accessing the Content Platform, we strongly request and encourage you to report each and every individual you encounter who you believe or suspect to be under the age of 18. All reports are reviewed as quickly as possible. If you are a minor, you must immediately leave the Content Platform now. You are not legally permitted on the Content Platform for any reason, and if we find you on this site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever, including after you later turn 18. Although each and every Independent Creator (defined below) is age verified, if you believe that an Independent Creator may appear, either due to intrinsic or extrinsic factors, to be under the age of 18, please immediately let us know for a full review. We reserve the right to restrict the ability to upload content for individuals who we believe who appear, either intentionally or unintentionally, to be less than the age of 18.

With respect to all other matters, as we operate an online platform and we are not in the business of producing, editing, or selling content, we only adopt what we feel are necessary to comply with law, community standards and for the safety of our users.

The Agreement

When you access the Content Platform, these terms and conditions (these "Terms") form the binding agreement between you ("you") and Peach.com, LLC (the "we" or "us") regarding your use of the Content Platform. If you do not agree to be bound by these Terms, you must immediately exit the Content Platform and not access the Content Platform again for any reason.There is no fee to access the Content Platform, view limited content, and to access some functions of the Content Platform, but Users will be required to create an Account in order to have the opportunity to obtain full access to content available through the Content Platform.

When you access the Content Platform, you understand that you may see graphic depictions of nudity, exposed genitals and persons engaged in explicit sexual activity consisting of people of different genders, people of the same gender, as well as sexual acts involving more than 2 individuals. By accessing and/or using the Content Platform, you expressly acknowledge that you wish to see such materials.

For billing inquiries, please email us at [email protected]

Zero-Tolerance for Exploitation of Minors

The Content Platform is for Adults Only. In order to access and use the Content Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE CONTENT PLATFORM. By accessing and/or using the Content Platform you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.

Law Enforcement Reporting.

We reserve the right to report any and all suspected and/or alleged violations of the Content Platform's minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and any and all law enforcement and other organizations we may feel appropriate, in our sole discretion. If you believe that a minor has accessed the Content Platform, you should immediately report it to us at [email protected] . For more information regarding this policy and our zero-tolerance stance on minors using or in any way appearing on the Content Platform, please contact us at [email protected] .

No Child Pornography.

For the purpose of these Terms, "Child Pornography" includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Users and Independent Creators are strictly prohibited from using the Content Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Content Platform that violates this provision or seems questionable, report it immediately to us at [email protected] . We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THE CONTENT PLATFORM. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM THE CONTENT PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE CONTENT PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.

Section 230 of the Communications Decency Act. The Content Platform is an interactive platform which enables Independent Creators to share and distribute Content on a direct-to-consumer basis as well as permitting for Independent Creators and Community members to interact through chat functions, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Content Platform. As such, we are not liable for content published through the Content Platform. As we operate an online platform and we are not in the business of producing or presenting Content, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Users and Independent Creators, to comply with applicable law, and the continued operation of the Content Platform.

YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS

Member Account and Password. In order to access the non-public portions of the Content Platform, you must create an account (your "Account"). In creating an Account, you will be prompted to create a username and may be prompted to provide a password and, if you wish to become an Independent Creator, you will be required to enter certain personally identifiable information. In order to take advantage of some of the pay features available through the Content Platform, you will be prompted to input a payment method. As noted in our Privacy Policy , this information is received and held by a third-party payment processor who, subject to their terms, will store your payment information for future use through the Content Platform. You may not choose a username that may falsely represent you as someone else or a name that may otherwise be in violation of the rights of any other individual or entity. We reserve the right to disallow the use of usernames or cancel, at any time, the membership of any User or Independent Creator who uses their selected username in violation of these Terms or in any other way we deem inappropriate in our sole discretion. You are solely responsible for any and all activities conducted and purchases made through your Account. It is important to note that, while we do not require that you provide an email address to create an Account, choosing not to provide an email address limits the support we can provide in connection with your Account as we are unable to verify you are the Account holder. User Accounts may not be shared or transferred in anyway or for any reason. As noted in our Privacy Policy , for your privacy and protection we strongly encourage you to select a username which is not associated with your real identity, such as, by way of example only, variations on your real name or usernames you use on other platforms associated with your real identity.

Shared Independent Creator Accounts.

With respect to Independent Creator Accounts which have more than one user, the person in control of the Account is deemed to be the person whose email address is associated with the Account, unless there is payee information associated with the Account, in which case the payee is deemed to be the person in control of the Account. Material changes to Accounts may only be made at the request of the person deemed to be in control of the account. Material changes include changes to the email address associated with the Account, changes to payee information, and changes to two-factor authentication settings. You understand and agree that the person deemed to be in control of any such Account will have full access to and control over all information associated with the Account, including all information collected on such Account. For more information about information we collect, please see Privacy Policy .

Studio Accounts.

Individuals who wish to create a studio account (a "Studio Account") through the Content Platform must comply with our rules for setting up a Studio Account. If these rules are complied with, such Account will be considered a "Studio" on the Content Platform. For all Independent Creator Accounts under a Studio, the Studio is deemed the owner of all Accounts in such Studio Account ("Studio Sub-Accounts"). The followers, images, and data associated with all Studio Sub-Accounts may not be transferred away from or shared with another Account without the applicable Studio's consent, absent what we may deem, in our sole and exclusive determination, to be extraordinary circumstances.

Security of your Account. You are solely responsible for maintaining the security of your account and are fully responsible for all activities that occur under your username, including without limitation any unauthorized access to the Content Platform caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. Should you share your Account with another individual or should another individual access your Account for any reason (including without your authorization) you will be subject to immediate ban from the Content Platform and deactivation of your Account. You agree to (i) immediately notify us of any unauthorized use of your username or Account or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Content Platform. We strongly encourage all Users to turn on two-factor authentication to ensure the security of their Account. If you lose access to your account and you have not used a third party service to sign up, we can assist with regaining access to your account provided that we are able to confirm your identity.

License to Access the Content Platform. You are granted a limited, non-exclusive license to access and use the Content Platform for your own personal enjoyment. You may not, download, reproduce, sell, rent, perform, or link to any content made available through the Content Platform, except as expressly permitted by the applicable Independent Creator responsible for such content or otherwise as permitted by the rules of the Content Platform.

Solicitations. Although we do not control Independent Creators and other users' use of the Content Platform, you may not use the Content Platform to promote or advertise any third-party products, sites, or services that deliver direct to consumer content.

Billing. Independent Creators may determine to make content available through a number of billing options including by monthly memberships, for purchase (subject to purchase rules contained here), pay-per-view, and/or on a limited time view basis. All memberships will automatically renew for the same period as your initial membership purchase until such time as you cancel your membership. When cancelling your membership, you will have access to your membership Content until the end of your then current membership period. From time to time we may also offer Users the ability to elect to put money on deposit with the Content Platform or otherwise send moneys to Independent Creator accounts. By sending moneys through the Content Platform, you agree that all such moneys are intended as a gratuity and are final when sent. In the event that we receive a complaint about moneys after they have been sent by a User to an Independent Creator, we may, at our election and with no obligation to do so, send the complaint to the Independent Creator for the Independent Creator’s response regarding the complaint. Independent Creators and Users are prohibited from requesting, offering, or engaging in discussions about any type of off-platform payments; provided, however, the Content Platform may, from time to time, permit Independent Creators to post links to wish lists. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Content Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Users based upon a variety of factors including, without limitation, length of membership to the Content Platform, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms. Users may withdraw unused moneys on deposit with the Content Platform by contacting customer support, less amounts charged by third parties in connection with the initial and refund transactions.

Videos and Images Offered by Independent Creators. As noted above, Independent Creators may create or otherwise make available Content through the Content Platform. In making available Content, you agree that once a User acquires that Content in the User's Account on the Content Platform you have granted to that User, and represent that you have the right to grant, a perpetual, irrevocable license to access and view such content through the Content Platform. As used herein “Member Content” will refer to Content which a User has obtained a license to through the Content Platform. With respect to any Member Content that you elect to acquire through the Content Platform you acknowledge and agree as follows: (i) that we are neither the creator nor source of the Member Content; (ii) that we simply offer a platform for Users to create and share Member Content with other Users; (iii) the User who posted the applicable Member Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Member Content; (iv) your purchase or use of any Member Content is solely at your own risk; and (v) you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to Member Content. We have the absolute right to remove any Member Content that we believe, in our sole discretion, may violate any law or these Terms. In the event that you provide tokens to an Independent Creator in connection with obtaining Member Content, you agree that these tokens are provided as a gratuity notwithstanding any request from the applicable Independent Creator; and, you further understand that such tokens will not be refunded for any reason.

Use of Information on the Content Platform. As noted in Privacy Policy , we cannot ensure the security or privacy of information (including, without limitation, text, images, and videos) you provide or share through the Content Platform. We are not responsible for, and cannot control, the use of any information, by anyone, that you provide or make available to other parties through the Content Platform. Use caution in deciding what personal information you share with others through the Content Platform. We cannot assume any responsibility for the content of any message sent by any User or Independent Creator on the Content Platform. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from or send to other users.

Public Information/Caution in Sharing Information. As noted in our Privacy Policy, all information and/or content you choose to post and/or share through your profile on the Content Platform, through chat (including private chat or "direct message"), and all content you upload or otherwise share through the Content Platform is considered public information. You agree to limit the information you share through the Content Platform keeping in mind we cannot control the use of such information by those with whom you share your information.

On- or Off-Platform Interactions/Meetings. We do not recommend or condone any form of interaction between Users and/or Independent Creators outside of the Content Platform and, as disclosed elsewhere in these Terms, your use of and interactions through the Content Platform are done at your own risk. Use of the Content Platform to arrange face-to-face meetings for the purpose of engaging in any type of pay-per-meet arrangement is strictly prohibited and will subject your Account to immediate termination. If you elect to legally interact with any User or Independent Creator outside of the Content Platform, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Content Platform. We cannot and will not intervene in any matters or disputes which take place outside of the Content Platform including with respect to situations where we are provided third-party screen captures or records as we cannot verify such screen captures or records. In the event that you determine to communicate with another User or Independent Creator outside of the Content Platform despite these cautions, you should, at a minimum, consider the following precautions:

  1. Anyone who is able to commit identity theft can also falsify a user profile.
  2. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
  3. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. If you choose to have a face-to-face meeting with another User, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
  4. All the money and gifts you send to other Users, whether directly or indirectly, through the Content Platform or outside of the Content Platform, is done at your own risk. We will not intervene or become involved in any dispute between Users and/or Independent Creators.

Your Privacy Rights. When you use the Content Platform, we collect and process certain personally identifiable and other data about you. Our use of this information is governed by our Privacy & Cookies Policy , which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and your rights regarding the same. Additionally, the Content Platform utilizes cookies and certain technology that tracks usage, performance and your geographic location which are more fully described in Privacy & Cookies Policy .

Termination.

By You. You may terminate your Account and/or any of your memberships at any time by contacting our customer support [email protected] . You agree to be personally liable for any and all charges incurred by your Account and username until terminated as provided herein. If you are an Independent Creator and determine to terminate your Account, any tokens remaining in your Account at the time of termination will, subject to any minimum payout threshold, be disbursed to the payment information on file for your Account on our next payout date. Moreover, as noted in the Independent Creator Agreement, all Users who acquired a license to your Content prior to your termination will retain the right to access such Content despite your termination of your Account. If you are not an Independent Creator and determine to terminate your Account with money on deposit in your Account for use as tokens, such amounts can be withdrawn by you subject to any third-party costs associated with processing your deposit and withdrawal. Upon our processing of your request to terminate your Account, you will no longer have access to the non-public areas of the Content Platform nor will you have access to any Content you may have previously obtained a license to access.

By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Content Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Content Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.

Effect of Termination.You accept that when you cancel your Account you will be automatically locked out of the Content Platform, and will no longer be able to access your Account, including any and all Member Content. You also agree and accept that upon termination of your Account, we have no obligation to maintain or store any content, mail or other materials connected to or in your Account and that such information may be irretrievable.

Representations by Users and Independent Creators

You represent and warrant the following:

  1. You are familiar with the laws in your area that may affect your legal right to access or transmit erotica or adult-oriented material and, by your accessing the Content Platform, you are representing and warranting that you are not prohibited by law from accessing or using the Content Platform or transmitting in any way any adult-oriented material.
  2. You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
  3. You are voluntarily choosing to proceed with your use of the Content Platform because you want to view, read, or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education.
  4. You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to encounter through use of the Content Platform are within your community standards. Should the content you encounter through the Content Platform not meet your community standards, you will immediately cease use of the Content Platform.
  5. You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material
  6. You will not violate any civil or other rights of any other User or any third party.
  7. Any content or information that you upload or otherwise share will be your original work and not infringe the intellectual property rights of any third-party.

You agree that:

  1. You will follow all applicable laws governing your use of the Content Platform; and
  2. You will not violate any provision of these Terms.

Indemnities by Users and Independent Creators. An indemnity is your obligation to hold us harmless from and against certain losses, whether monetary or otherwise relating to or arising out of certain actions by you. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide the Content Platform. You hereby agree to indemnify us for any and all claims and losses, whether actual or threatened, including without limitation, our reasonable attorneys' fees and costs, with respect to any claim relating to or arising out of your use of the Content Platform that violates these Terms or any applicable law. Again, if you do not agree to these Terms, you may not access or use the Content Platform and should immediately exit the Content Platform.

CONTENT

Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Content Platform which portray "actual sexually explicit conduct", "depictions of the genitals or pubic area", or "simulated sexually explicit activity", as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under18 U.S.C. §2257, and any such postings must contain a "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.

Content Shared through the Content Platform. All materials uploaded and/or otherwise shared by Users and/or Independent Creators through the Content Platform is and shall remain the property of the User or Independent Creator who created it. Content shall also include any chats, or other materials that are transmitted through the Content Platform. When you upload or otherwise share Content through the Content Platform, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and perform the Content in connection with delivering the Content Platform. You may not upload or share any written, audio, or visual content to which you do not have the full rights to upload or share through the Content Platform. All Content must comply with these Terms and the Code of Conduct, located Appendix A which are incorporated by reference herein. You represent and warrant that all Content is your content and does not infringe upon the intellectual property rights of any third-party. You will indemnify and hold us harmless for any and all losses, damages or costs relating to or arising out of a claim that your Content infringes the intellectual property rights of any third party.

Deleting Content. You may request that we delete Content submitted by you by contacting us [email protected] . We may retain copies of the Content but will not make them available through the Content Platform after we have processed your request except to the extent that you have provided a license to such content to other Users. Your license to us in any comments, texts, chats or other Content (used in published advertising) is not revocable. As noted elsewhere in these Terms, your Content, if acquired through the Content Platform by another User, will be deleted from your Account per your request; however, any Content acquired by other Users prior to the date of your request for deletion of such Content will remain in the Accounts of such Users. Moreover, you understand that, although we may delete User Content, one or more other Users may have copies of or notes regarding such content and we are unable to delete such copies or notes.

No Endorsement for Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any Member Content uploaded or otherwise shared through the Content Platform by any User or Independent Creator; and, we hereby disclaim any and all liability with respect to all such Content. We do not permit any copyright infringing activities or any Content that infringes on our intellectual property rights or those of any third party. We will remove any Content where we are properly notified of such infringement as set forth in Appendix B , incorporated herein by reference. We may remove any such Content without any notice.

CODE OF CONDUCT

Code of Conduct. You understand that we do not create or publish content. Instead, we provide a platform to provide others with the ability to share their own content which they have all rights and permissions to share. We work to implement only minimal rules intended to respect the rights of others and comply with applicable law, and so that the Content Platform remains a safe location for Users and Independent Creators to interact and express themselves. These community rules are guidelines for what is permissible through the Content Platform and are subject to change. Please review our “Code of Conduct” located at Appendix A which is hereby incorporated by reference and made a part of these Terms.

MISCELLANEOUS

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

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

Disclaimer of Warranties. The Content Platform is provided on an "as is" and "as available" basis. We do not warrant that the Content Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Content Platform. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE CONTENT PLATFORM IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTENT PLATFORM OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE CONTENT PLATFORM WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CONTENT PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Content Platform by us or by any Independent Creator and/or User or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The Content Platform may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us [email protected] .

LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED, IN THE AGGREGATE, THE LESSOR OF ANY UNUSED PORTION OF THE TOKENS YOU PURCHASED OR THE SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Complaints. To resolve or report a complaint regarding the Content Platform or other Independent Creators or Users, send an email detailing your complaint to [email protected] . In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.

Choice of Law. You agree that these Terms are governed by the laws of the State of Nevada, without regard to its choice of law provisions.

Arbitration. You hereby agree that, if we become involved in any dispute relating to or arising out of your use of the Content Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at [email protected] . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Supplementary Procedures for Consumer-Related Disputes, and the Federal Arbitration Act. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment and fees for the arbitration are governed by the AAA rules. We will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled to be frivolous. The arbitration will be held in Las Vegas, Nevada. Neither party will be entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the court has ruled that the other party's claim is frivolous. Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.

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

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