Terms of Service
Terms of Service
Last Revised: November 7, 2023
Contents
These Terms of Service (“Terms”) govern your use of OnlyBabes on any of its online applications and website locations (collectively, the “Site”). These Terms will also apply to all features, widgets, plug-ins, applications, content, downloads, additional features and all other services that OnlyBabes operates or makes available through a Site, or that post or link to these Terms (collectively, the “Service”), regardless of the method for how you access or use it, whether via computer, mobile device or otherwise.
TERMS OF USE FOR ALL USERS
READ THESE TERMS OF SERVICE CAREFULLY. THE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO ALL OF THESE TERMS OF SERVICE.
DEFINITIONS
“Content” means any material uploaded to the Service by any User (whether a “Creator” or a “Fan”), including any photos, videos, audio (including music or other sounds), data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
“Creator” means a User who has set up their OnlyBabes account as a Creator account to post Content on OnlyBabes to be viewed by other Users.
“Fan” means a User who follows a Creator and is permitted to view the Creator’s Content.
“Fan/Creator Transaction” means any transaction between a Fan and a Creator on OnlyBabes for which access is granted to the Creator’s Content including any of the following ways: (i) a Subscription, and (ii) payments made by a Fan to view a Creator’s pay-per-view Content or pay-per-view media, and (iii) use by the Fan of the fan interaction function on a Creator’s account.
“Fan Payment” means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) by way of a tip for a Creator.
“Referring User” means a User who participates in the OnlyBabes Referral Program.
“Standard Contract between Fan and Creator” means the terms which govern each Fan/Creator Transaction, which can be found here.
“Subscription” means a Fan’s subscription to a Creator’s account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month).
“Terms of Service” or just "Terms" (this is your agreement with us) means the legally binding agreement between you and us which consists of: (i) these Terms of Service for all Users, (ii) Terms of Service for Fans, (iii) Terms of Service for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vi) Referral Program Terms, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms, and (ix) Community Usage Rules.
“User” means any User of the Service, whether a Creator or a Fan or both.
References to “we”, “our, “us” are references to Movo Media, LLC, the operator of OnlyBabes.
I. NOTICE OF STRICT AGE REQUIREMENTS AND YOUR ACCEPTANCE OF THE TERMS OF SERVICE
No one under the age of eighteen (18) years is ever permitted to access or use the Service. In addition, you must be at least the age of majority in your resident jurisdiction. By your using the Service, you accept all of the provisions and conditions of these Terms. By your use of the Service, you represent and warrant that you are at least the age of majority in your resident jurisdiction and at a minimum, you are at least eighteen (18) years of age or older, and you have the requisite power and authority necessary to enter into and be bound by these Terms.
You acknowledge that you have read and understood, and agree to be bound by, these Terms, and you agree to comply with all applicable laws and regulations in connection with your use of the Service. If you are not of majority age in your resident jurisdiction or if you do not fully agree and accept these Terms, then please leave this Site immediately.By using the Service, you acknowledge and accept the Service’s Privacy Policy and you consent to the collection and use of your data in accordance with the Privacy Policy.
By using the Service, you further agree that OnlyBabes may change, alter, or modify the settings or configurations on your Device (as this is defined below) in order to allow for or optimize your use of the Service.
II. INTRODUCTION
This Service is an online interactive social networking service that offers Users voice, text, and video interactive communications where OnlyBabes Users can create, post and share with other Users of the Service their interactive communications, including their photographs, or their live or recorded content. Users of the Service acknowledge that the content provided by OnlyBabes Users may be of an adult, sexual and very explicit nature involving consenting adults. When accessing the Site and Service, Users acknowledge that they may be viewing and/or experiencing actual or illusory sexual activity, including graphic depictions of male and female genitals, full nudity and sexual acts. By accessing the Service, the User confirms that he or she has voluntarily accepted their decision to view such communications, depictions, acts, photographs and materials that may be of an adult, sexual and explicit nature.
All Users of the Service are required to create an account with OnlyBabes before accessing the Site and Service. Users are permitted to broadcast their live or recorded audio and/or video content through the Service, subject to all of the Terms set forth herein. Restrictions are set forth in these Terms for all Users to comply with all applicable laws, including their local community standards, and to take steps to protect the safety of the Users that are accessing the Service as well as any individual who appears in their content. Users are permitted to produce and broadcast on the Service (or to not broadcast as they may determine) and to set out requirements for other Users to view their communications, photographs, productions and broadcasts. Users of the Site and Service may permit video on their broadcasts subject to the restriction that Users may not, through the Service, promote or advertise any entity, product, service or website that delivers live-streaming content.
As OnlyBabes is an interactive computer service with content provided by its Users, the Service is operated pursuant to and is covered by Section 230 of the Communications Decency Act (47 U.S.C. § 230). Section 230 states “No provider or User of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law of the United States went into effect in 1996 and provides protection to online services like OnlyBabes from liability for the content that may be published on its service by its Users and/or contributors.
III. NO CHILD PORNOGRAPHY/NO MINORS/CONSENTING ADULTS ONLY
No Child Pornography. Users of the Service are strictly prohibited from posting, distributing, accessing, promoting, soliciting any type or manner of child pornography. This includes materials showing a minor in any state of undress or engaged in any type of sexual act, real or imaginary. Keep minors out of your communications and postings at all times! OnlyBabes has a zero tolerance policy for any type of child pornography.
OnlyBabes is provided to and for consenting adults only. If you are determined to be a minor and have misrepresented your age to access the Service, OnlyBabes will terminate your account immediately. OnlyBabes reserves the right to report violations of this strict age requirement to law enforcement agencies. OnlyBabes also has a zero tolerance policy on minors accessing or appearing in any manner on the Service.
Please report Violations! If Users witness or see anything on the Service that violates these strict requirements for adult Users only or for the prohibition against any manner or involvement of child pornography promoted or published on the Service, they should report this immediately to [email protected].
The Service will investigate and take immediate action on violations of these strict requirements.
IV. ENROLLMENT
In order for you to access the features on the Service, you must first register through our online registration process. If we are unable to obtain the required personal information or you fail to authenticate your age and your identity as may be required, the services for which you have enrolled or registered from us may be limited or unavailable. Upon completion of the enrollment process, you will become eligible to obtain access to the services for which you have enrolled or registered. Please keep all of your personal information updated and accurate.
To use the Service you must first register and create a User account. You must provide a valid email address, a Username, and a password or authenticate yourself using a valid X account (formerly Twitter) or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and it must comply with the technical requirements of the Site for the composition of passwords. ‘
To register as a User:
You must be at least 18 years old, and you will be required to confirm this:
-if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
-you must be permitted by the laws of the country or State/province where you are located to join the Service and to view any Content available on it and to use any functionality provided by it.
You must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use the Service.
Your commitments to us: When you register and use the Service, you make the following commitments to us:
If you previously had an account with OnlyBabes, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will update promptly any of your information you have submitted to us as and when it changes.
You consent to receiving communications from us electronically, including by emails and messages posted to your account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
You will keep your account/login details confidential and secure, including your User details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of OnlyBabes.
Modifications to User Access Terms. OnlyBabes reserves the right, at any time, to change its User access methods for the Service, effective immediately upon posting on the site.
Tokens. Users of the Service may purchase Tokens for use exclusively on the Service. Tokens are credits calculated in U.S. Dollars and may be spent exclusively through the Service as the User chooses, including to use as tips to the Users who are eligible to receive tokens in their accounts. Tipping is intended as a gratuity and all such tips are final. Users are prohibited from tipping a User for the performance of any specific act. Further, Users are prohibited from requesting any off-site payment from another User. All tokens of a User will automatically expire upon the termination of the User’s account. Tokens have no cash value outside of their use on the Service.
Refunds. Generally, all charges for purchases through the Service are nonrefundable. OnlyBabes may correct any billing errors or mistakes even if it has already requested or received payment.
V. MODIFICATIONS OF THESE TERMS
OnlyBabes may, in its sole discretion, modify or revise these Terms at any time by updating this page. You agree that we may notify you of other Terms by posting them on the Service (or in any other reasonable manner of notice which we elect). If you continue to use the Service after any such modification or revision, then you are bound by such modification or revision. You should therefore visit this page periodically to review these Terms. If any modification or revision is not acceptable to you, then you are not permitted to continue using the Service.
In some situations, these Terms as well as separate guidelines, rules, or terms setting forth additional or different terms and/or conditions will apply to your use of a specific or product offered via through the Service. To the extent there is a conflict between these Terms and any additional Terms, the additional Terms will control unless the additional Terms expressly state otherwise.
VI. USER-GENERATED CONTENT, OWNERSHIP, RESPONSIBILITIES AND RIGHTS OF OTHERS
1. The Service offers Users the opportunity to create or make available on the Service a variety of materials and content including layouts, information, articles, posts, text, data, files, images, designs, graphics, illustrations, photographs, audio clips, music, sounds, pictures, videos, interactive features and other intellectual property that will be made available to other Users on the Service (collectively “User-Generated Content”). Users represent and warrant that they own, have the necessary rights and/or have a license to use any User-Generated Content that they make available on the Service. Users further acknowledge that they are offering to all other Users of the Service a perpetual, irrevocable, worldwide license to access and view such User-Generated Content through the Service.
2. 18 U.S.C. § 2257. The Service is not the primary or secondary producer (as defined in 18 U.S.C. § 2257) of any User-Generated Content found on the Service. OnlyBabes’ activities are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by these third party Users, in areas on the Service made available to our Users and under the User’s control. To communicate directly with the User, or with any questions regarding this notice, please send an email to [email protected] with the specific request.
3. The Service requires that all Users certify that:
(i) all individuals appearing in their User-Generated Content are over the age of eighteen (18) years of age or older depending on the legal residence of such individual at the time such content was produced or created; and that that the individual(s) have freely consented to appear in such User-Generated Content and have agreed and consented to its upload to the Service;
(ii) as the producer of such User-Generated Content, the User certifies being compliant with the record keeping requirements set forth under 18 U.S.C § 2257 for all content that is uploaded to the Service, and the User agrees to make available and deliver such documentation promptly upon request;
(iii) their uploaded content does not violate these Terms.
4. In connection with User-Generated Content, you acknowledge that the Service (including past, present, and future versions) does not own or control the User-Generated Content that may become available via the Service. The Service is not the creator or producer of such User-Generated Content. The Service provides the interactive computer service and the online platform and the User-Generated Content is provided by the Service’s Users which is intended to be shared with the Service’s other Users. The User who posts or uploads the User-Generated Content is always the responsible party for claims, liabilities or any other issues that arise from such User-Generated Content. Therefore, any purchase of User-Generated Content is done so at your own risk!
5. We will use reasonable care and skill in providing the Service to you, but there are certain things which we are not responsible for, as follows:
(i) We do not authorize or approve Content on the Service, and views expressed by Creators or Fans on the Service do not necessarily represent our views.
(ii) We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
(iii) Your Content may be viewed by individuals who recognize your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on the Service, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on the Service.
(iv) All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via the Service. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
(v) You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of the Service and that if you choose to do so, you do so entirely at your own risk.
(vi) We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of the Service (including the OnlyBabes Referral Program).
(vii) The materials which we make accessible on the Service for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
(viii) We do not promise that the Service is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access the Service. You should use your own virus protection software.
(ix) We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of the Service.
(x) While we try to make sure that the Service is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
(xi) We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
(xii) You acknowledge that once your Content is posted on the Service, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
(xiii) When using the Service, you must respect the intellectual property and other rights of OnlyBabes and of other parties. Your unauthorized use of content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. OnlyBabes respects the intellectual property rights of others. Further, if you believe that your own work has been infringed by means of an improper posting or distribution of it via the Service, then complaints must be submitted in accordance with our DMCA Policy.
6. Subject to the rights and licenses you grant in these Terms, you retain whatever legally recognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.
7. Except as otherwise described in the Service’s posted Privacy Policy or as this is set forth in these Terms, you agree that (a) your User-Generated Content will be treated as non-confidential regardless of whether you mark such content as “confidential,” “proprietary,” or the like, and will not be returned, and (b) OnlyBabes does not assume any obligation of any kind to you or to any third party with respect to your User-Generated Content. Upon OnlyBabes’ request, you will furnish to us with any documentation necessary to substantiate that you have the right to submit such User-Generated Content on the Service, and to verify your compliance with these Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and you do so at your own risk.
8. We need certain rights in your User-Generated Content in order to be able to provide the Service. Accordingly, you hereby agree to grant to OnlyBabes the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels including to other Users of the Service), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and any derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, these granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to OnlyBabes to your User-Generated Content, you also hereby agree to grant to OnlyBabes the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with the posting of any User-Generated Content on the Service, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waive-able, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section VI.8.
9. OnlyBabes may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and OnlyBabes may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
10. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant the Service the rights that you are granting by these Terms, all without any obligation of the Service to obtain consent of any third party and without creating any obligation or liability to the Service; and (b) the User-Generated Content will not infringe on any intellectual property or other right of any third party, or cause injury or harm to any person.
11. In connection with the representations and warranties relating to Your User-Generated Content:
(i) You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 11(ii) below in any territory in which the Service is accessible and, in particular, in the United States of America, Canada, the United Kingdom and the European Union.
(ii) You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of the Service. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
(iii) The license which you grant to us under sub-section 11(ii) above is perpetual, non-exclusive, worldwide, royalty-free, sub licensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using OnlyBabes, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of the Service, as well as to use your Content for other normal operations of the Service. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
(iv) While we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
(v) You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on OnlyBabes. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in these Terms of Service) to add watermarks, stickers or text to your Content.
VII. SUSPENDING OR TERMINATING YOUR ACCOUNT
1. OnlyBabes has the right to suspend or terminate your account. We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
2. It is our policy to suspend access to any Content you post on the Service which we become aware that may not be in compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law while we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
3. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your OnlyBabes account, but we are not obligated to give you prior notice of such removal or suspension.
4. We reserve the right in our sole discretion to terminate your agreement with us and your access to the Service for any reason by giving you 30 days’ notice by email or electronic message to your OnlyBabes account. We can also suspend access to your User account or terminate your agreement with us and your access to the Service immediately and without prior notice:
(i) if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
(ii) if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of the Service.
5. If we suspend access to your User account or terminate your agreement with us and your access to OnlyBabes we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with Section 11.e of the Terms of Use for Creators.
6. Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on OnlyBabes for you to be able to access your Content following termination of your account.
7. We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Service and cooperate with law enforcement agencies in such investigation. We can disclose any information or records in our possession or control about your use of the Service to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
8. We can change the third-party payment providers used to process payments on the Service and if we do so, we will notify you and store applicable details on your User account.
9. Other than Content (which is owned by or licensed to Creators), all rights in and to OnlyBabes and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws. We are the sole and exclusive owners of any and all anonymized data relating to your use of the Service and such anonymized data can be used by us for any purpose, including for commercial, development and research purposes.
10. If you want to delete your OnlyBabes account then you may do so in the 'User Account' section of your OnlyBabes account.
11. If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
12. If you are a Creator, then once you initiate the "delete account" process your account will remain open until the last day of your Fans' paid Subscription period, following which you will receive your final payment and your account will be deleted.
13. If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).
14. Once your account has been deleted you won't be charged any further amounts or have access to your former OnlyBabes account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on the Service for you to be able to access your Content following termination of your account.
VIII. COMMUNITY USAGE RULES
1. As a User of the Service, these Community Usage Rules (“Rules”) are to help you understand that reasonable conduct is expected of Users of the Service. Your use of the Service is subject to the Terms, including these Rules:
(i) Your User-Generated Content. All of your User-Generated Content either must be original with you or you must have all necessary rights to it from all applicable third parties in order for you to be in compliance with these Terms. Your User-Generated Content may not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as your own. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in your User-Generated Content, then you must also have their permission. As an example, if someone has taken a picture of you and your friend, and then you post that photo to the Service as your User-Generated Content, then you must have both your friend’s and the photographer’s permission to do so.
(ii) Act Appropriately. If you think your User-Generated Content might offend someone or be embarrassing to someone, then the likelihood is it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, malicious gossip, and other similar communications are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must never include any negative comments that are connected to race, religion, national origin, gender, sexual orientation, or physical handicap.
(iii) Do Not Post for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
(iv) Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, User, company, or any third party, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
(v) Others Can See Your Content. Please always remember that the User-Generated Content postings are public on the Service and viewable by other Users. Do not submit personally identifying information (e.g., first and last name together with a password, phone number, address, credit card number, medical information, email address, Social Security number or other tax identification number or any other personally identifiable information or contact information).
(vi) Never Share Other Peoples’ Personal Information. Your User-Generated Content should never reveal another person’s address, phone number, email address, Social Security number or other tax identification number, credit card number, password, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, that may be specifically requested by OnlyBabes.
(vii) Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other device. If you submit User-Generated Content that OnlyBabes reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate. At the same time, the Service is not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
(viii) Only Contact Other People Through the Service. You may use our Service to communicate with other Users in accordance with these Terms. All such communication must occur through our Service. You may not send any messages to our Users that contain illegal, illicit, harassing, harmful, inappropriate, or hateful content.
(ix) You must honor all requests to opt-out from receiving communications.
2. Your Interactions with Other Users; Disputes. You are and will be solely responsible for your interaction with other Users of the Service, whether online or offline. The Service is not responsible or liable for the conduct or content of any User. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment in your interactions with others.
3. Alerting Us of Violations. If you discover content that violates these Terms, then you may report it to us at [email protected].
4. Infringement Complaints. For alleged infringements of intellectual property rights, complaints related to such infringement must be submitted to OnlyBabes in accordance with our DMCA Policy, and OnlyBabes will respond to infringement complaints as it is set out in such policy.
IX. ACCOUNTS AND PROFILES
1. In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process. The Service’s practices governing any resulting collection and use of your personal information are set forth in our Privacy Policy. If you are under the age of eighteen (18), or under the age of majority in your resident jurisdiction, then you are not permitted to register as a User, create a profile page or otherwise use the Service or submit personal information to us. If you register for any feature that requires a password and/or Username, then you will select your own password at the time of registration (or we may send you a text message notification with a randomly generated initial password) and you agree that: (i) you will not use a Username (or email address) that is already being used by someone else, (you may impersonate another person, or violate the intellectual property or other right of any person or entity), or is offensive. We may reject the use of any password, Username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and Username whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, Username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or Username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits in our discretion, for any reason, and without advance notice or liability.
2. Your profile page may not include any form of prohibited User-Generated Content. We may offer you the ability to set preferences relating to your profile or service activities, but settings may not become effective immediately or be error free, and options may change from time-to-time. We assume no responsibility or liability for Users’ profile material. Profile pages may only be set up by the individual that is the subject of the profile page. We do not review profile pages to determine if they were created by an appropriate party, and we are not responsible for any unauthorized profile pages that may appear on the Service. If there is any dispute as to whether a profile page has been created or is being maintained by the individual who is the subject of that profile page, then we shall have the sole right, but are not obligated, to resolve such dispute as we determine is appropriate in our sole discretion. Such resolution may include, without limitation, deleting or disabling access to profile pages, or any portion thereof, at any time without notice.
X. NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (1) OnlyBabes may give you notices of new, revised or changed terms and other important matters by posting notice on the home page of the Service, or by updating these Terms of Service, or in any another reasonable manner; and (2) OnlyBabes may contact you by push or direct notification or via a text message to the phone number you supply to us. You agree to promptly notify us if you change your phone number by updating your profile settings.
If you have questions regarding these Terms, or the Service, you may contact Customer Support by sending an email to [email protected], or by writing to us at OnlyBabes, 146 N. San Fernando Blvd., #202, Burbank CA 91502. You acknowledge that the provision of customer support is at OnlyBabes’ sole discretion and that we have no obligation to provide you with customer support of any kind, except to answer any questions you may have about these Terms. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an account and that you submit your customer support inquiries using such account.
All legal notices to OnlyBabes must be sent to [email protected].
XI. LINKS BY YOU TO THE SERVICE
OnlyBabes grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with OnlyBabes or cause any other confusion, and (c) the links and the content on your website do not portray OnlyBabes or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to OnlyBabes. OnlyBabes reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Linking to and from OnlyBabes:
Links to OnlyBabes:
You may link to the Service homepage, provided you do this in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate the Service or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your OnlyBabes account by using Google Ads or any similar advertising platform or search engine advertising service.
Links from OnlyBabes:
If OnlyBabes contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to OnlyBabes, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Domain Names: In some instances, OnlyBabes may allow Creators to register or use domain names that contain OnlyBabes' trademarks or a confusingly similar term. However, you will not register such a domain name, unless:
The domain name is registered by the Creator.
The domain name redirects to the Creator’s OnlyBabes profile. Domain names containing the OnlyBabes trademark or a confusingly similar term must not direct to any other website, including link aggregators.
The Creator obtains prior written permission from OnlyBabes and signs a licensing agreement.
If you would like to register a domain name containing the OnlyBabes trademark or a confusingly similar term, please first contact [email protected]. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in OnlyBabes filing a domain dispute against the registrant.
XII. THIRD-PARTY SITES
1. The Service may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by OnlyBabes, and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with OnlyBabes. OnlyBabes has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and OnlyBabes does not assume any obligation to review any Third-Party Sites. OnlyBabes does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, OnlyBabes is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, OnlyBabes will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. OnlyBabes disclaims all liability in connection therewith.
2. Your dealings with Third Parties: Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). OnlyBabes disclaims all liability in connection therewith.
XIII. WIRELESS AND LOCATION-BASED FEATURES
1. The Service may offer certain features and services that are available to you via your wireless device (“Device”). These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
2. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify OnlyBabes of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
3. If available and if you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
XIV. DISPUTE RESOLUTION/ARBITRATION
1. Certain portions of this Section XIV are deemed to be a “written agreement to arbitrate” pursuant to the United States of America's Federal Arbitration Act. You and OnlyBabes agree that we intend that this Section XIV satisfies the “writing” requirement of the Federal Arbitration Act. If you do not want to arbitrate disputes with OnlyBabes and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the Last Revised Date of these Terms, or of the date when you first access or use the Service, whichever is later. If you opt-out of these arbitration provisions, we also will not be bound by them.
2. First, Attempt To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, any content, your User-Generated Content, these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of OnlyBabes’ actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section XIV.6), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. However, if no such information exists or if such information is not current, then we have no obligation under this Section XIV.2. Your notice to us must be sent to: OnlyBabes, 146 N. San Fernando Blvd., #202, Burbank CA 91502. For a period of sixty (60) days from the date of receipt of notice from the other party, OnlyBabes and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or OnlyBabes to resolve the Dispute or Excluded Dispute on terms with respect to which you and OnlyBabes, in each of our sole discretion, are not comfortable.
3. Forums for Alternative Dispute Resolution Arbitration. If we cannot resolve a Dispute as set forth in Section XIV.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Dispute to formal arbitration in accordance with this Section XIV.3. If we cannot resolve an Excluded Dispute as set forth in Section XIV.2 within sixty (60) days of receipt of the notice, then either you or we may submit the Excluded Dispute to formal arbitration only if you and OnlyBabes consent, in a writing signed by you and an Officer or legal representative of OnlyBabes, to have that Excluded Dispute subject to arbitration. In such a case, (and only in such a case), that Excluded Dispute will be deemed a “Dispute” for the remainder of this Section XIV.3. Upon expiration of the applicable sixty-day period and to the fullest extent permitted by applicable law, a Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if OnlyBabes elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award. If you and OnlyBabes do not both consent to the arbitration of an Excluded Dispute as set forth in the immediately preceding paragraph of this Section XIV.3, then this paragraph and the remainder of this Section XIV.3 will not apply to the Excluded Dispute. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of OnlyBabes consent to in writing. The substantive practice area requirements for the arbitrator and the $250,000 threshold for the number of arbitrators assigned to the Dispute set forth in the paragraph above for the AAA arbitration will also apply to any such arbitration under JAMS or another arbitration service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA (800.778.7879, http://www.adr.org/) and JAMS (949.224.1810, http://www.jamsadr.com/).
4. Nature, Limitations, and Location of Alternative Dispute Resolution. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to Section XIV.8 below. In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees). However, with arbitration (a) there is no judge or jury, (b) the arbitration proceedings and arbitration outcome are subject to certain confidentiality rules, and (c) judicial review of the arbitration outcome is limited. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require OnlyBabes to pay a greater portion or all of such fees and costs in order for this Section XIV to be enforceable, then OnlyBabes will have the right to elect to pay the fees and costs and proceed to arbitration, or to decline to do so and have the matter resolved through the courts. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant to Section 9 of the Federal Arbitration Act.
5. Limited Time to File Claims. To the fullest extent permitted by applicable law, if you or we want to assert a Dispute (but not an Excluded Dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in section XIV.2) within one (1) year after the dispute arises or it will be forever barred.
6. Injunctive Relief. The foregoing provisions of this Section XIV will not apply to any legal action taken by OnlyBabes to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, User-Generated Content and/or OnlyBabes’ intellectual property rights (including such OnlyBabes may claim that may be in dispute), OnlyBabes’ operations, and/or OnlyBabes’ products or services.
7. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section XIV.9.
8. No Class Action Matters. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). Each of us expressly waive any ability to maintain any Class Action in any forum. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to Section XIV.3 holds that this restriction is unconscionable or unenforceable, then our agreement in Section XIV.3 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section XIV.9. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
9. Federal and State Courts in Los Angeles, California. Except to the extent that arbitration is required in Section XIV.3, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in a state or federal court in Los Angeles County, California USA. Accordingly, you and OnlyBabes consent to the exclusive personal jurisdiction and venue of such courts for such matters.
10. Terms Relating to Disputes. The law which applies to your agreement with us and where disputes and claims concerning your use of OnlyBabes (including those arising from or relating to your agreement with us) can be brought:
XV. DISCLAIMER
The Service is provided on an “as is”, “as available”, and “with all faults” basis. Your access to and use of the Service is at your sole risk. To the fullest extent permissible by law, OnlyBabes, and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “OnlyBabes Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including any content and/or the User-Generated Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any memberships, membership packages, subscriptions, products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User-Generated Content transmitted to OnlyBabes or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether your access to the Service will be uninterrupted; (i) whether the Service will be available at any particular time or location; and (j) whether your use of the Service is lawful in any particular jurisdiction. Except for any specific warranties provided herein or provided by a OnlyBabes Party, OnlyBabes Parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
XVI. LIMITATION ON LIABILITY
1. Under no circumstances will any OnlyBabes Parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to: (a) the Service (including any content and the User-Generated Content); (b) your use of or inability to use the Service, or the performance of the Service; (c) any action taken in connection with an investigation by OnlyBabes Parties or law enforcement authorities regarding your access to or use of the Service; (d) any action taken in connection with copyright or other intellectual property owners or other rights owners; (e) any errors or omissions in the Service’s technical operation; or (f) any damage to any User’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. You understand that we monitor your personal information within our network using certain proprietary technologies and database information owned by or under license to us, but not all transactions, including those that might entail the potentially fraudulent use of your information, may be monitored and the scope of the network utilized by us to monitor your personal information may change. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if OnlyBabes Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Service). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
2. To the fullest extent permitted by applicable law, in no event will OnlyBabes Parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the Service and your rights under these Terms, exceed an amount equal to the amount you have paid OnlyBabes in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable. For purposes of clarity, the prior sentence does not expand or limit any express, written product warranty that is provided by OnlyBabes or a manufacturer of a physical product.
3. If you ever claim that you have incurred any loss, damages, or injuries in connection with your use of the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, User-Generated Content, product, Service, or intellectual property owned, licensed, used or controlled by OnlyBabes (including your licensed User-Generated Content) or a licensor of OnlyBabes.
4. Who is responsible for any loss or damage suffered by you?
Whether you are a consumer or business User:
We do not not exlude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of OnlyBabes.
If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to US $250 per claim.
If you are a business User, you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents:
-exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to OnlyBabes or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
-are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
-won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
-your inability to use OnlyBabes or any of its services, features or programs; or
-your use of or reliance on any content (including Content) stored on OnlyBabes;
-won’t be liable to you for any:
-loss of profits;
-loss of sales, business, or revenue,business interruption;
-loss of anticipated savings;loss of business opportunity, goodwill or reputation;
-loss of data or information, including any Content; or
-indirect of consequential loss or damage.
-won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of OnlyBabes or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
-won’t be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;-won’t be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");
-won’t be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
-100% of the total fees paid by you to us in connection with your use of OnlyBabes; and
-US $5,000.
5. Generally: You agree that:
-If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
-If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
-We reserve all rights not expressly granted to you.
-No implied licenses or other rights are granted to you in relation to any part of OnlyBabes, save as expressly set out in the Terms of Service.
-Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section XVI and in section XIV may be enforced by our subsidiary companies, employees, owners, representatives and agents.
-You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
-Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
-These Terms of Service form the entire agreement between us and you regarding your access to and use of OnlyBabes, and supersede any and all prior oral or written understandings or agreements between us and you.
XVII. GENERAL PROVISIONS
1. As to any provision in these Terms that grants OnlyBabes a right of consent or approval, or permits OnlyBabes to exercise a right in its “sole discretion,” OnlyBabes may exercise that right in its sole and absolute discretion. No OnlyBabes consent or approval may be deemed to have been granted by OnlyBabes without being in writing and signed by an officer of OnlyBabes.
2. These Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California (or the arbitration laws of AAA if applicable), without regard to its conflicts of law provisions. California Users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
3. You agree to, and you hereby, defend, indemnify, and hold the OnlyBabes Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any OnlyBabes Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) the OnlyBabes Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the OnlyBabes Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, OnlyBabes Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. OnlyBabes Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of an OnlyBabes Party.
4. OnlyBabes controls and operates the Service from its U.S.-based offices in the U.S.A., and OnlyBabes makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.
5. We may make changes to or suspend or withdraw the OnlyBabes services. We may update and change the services from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that the Service, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of the Service for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
6. Software related to or made available by the Service may be subject to export controls of the U.S.A. No software from the Service may be downloaded, exported, or re-exported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoed goods, software, technology or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses). You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-User subject to U.S. export controls, including as set forth in subsections (i)-(iii) above.
7. If any provision of these Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
8. When you communicate with OnlyBabes electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. OnlyBabes reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by OnlyBabes in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any User accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to OnlyBabes under these Terms. Upon suspension or termination of your access to the Service, or upon notice from OnlyBabes, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to OnlyBabes in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
10. OnlyBabes may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of OnlyBabes. Except as expressly set forth in these Terms, (i) no failure or delay by you or OnlyBabes in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
11. If you are a government end User, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
12. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
13. These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Service, and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Service; provided, however that these Terms are in addition to, and do not replace or supplant, our Privacy Policy. These Terms may only be modified as set forth herein.
14. Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
-Terms of Use for Fans - which contain additional terms which apply if you use OnlyBabes as a Fan;
-Terms of Use for Creators - which contain additional terms which apply if you use OnlyBabes as a Creator;
-Privacy Policy - which applies to all Users and tells you how we use your personal data and other information we collect about you;
-Acceptable Use Policy - which applies to all Users and tells you what you can and can’t do on OnlyBabes;
-Referral Program Terms - which outline the terms that apply if you participate in the OnlyBabes Referral Program;
-Complaints Policy - which sets out the procedure for making a complaint about any aspect of OnlyBabes, and how we will deal with that complaint;
-Platform to Business Regulation Terms - which contain additional terms which apply only to Creators who are established or resident in the European Union or the United Kingdom; and
-Our Community Usage Rules - which provide additional terms and guidance regarding your interactions with OnlyBabes.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed in any of the above sections, the Terms of Use for all Users will apply to the extent of the conflict.
Last updated: November 2023
TERMS OF USE FOR FANS
BY USING OUR WEBSITE, YOU AS A FAN AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY!
1. Introduction: These Terms of Use for Fans are additional terms which apply if you use OnlyBabes as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
2. Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
"VAT" means 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; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States, European Union or UK or any other jurisdiction.
3. Other terms which will apply to your use of OnlyBabes: The following terms will also apply to your use of OnlyBabes and you agree to them:
Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can't do on OnlyBabes;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of OnlyBabes, and how we will deal with that complaint;
The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on OnlyBabes; and
Our Community Usage Rules – which provide additional terms and guidance regarding your interactions with OnlyBabes.
4. Other terms which may apply to your use of OnlyBabes: The following additional terms may apply to your use of OnlyBabes:
If you are also a Creator, the Terms of Use for Creators will apply to your use of OnlyBabes as a Creator;
If you are a Creator who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you; and
If you participate in the OnlyBabes referral program, the Referral Program Terms will apply to your use of the OnlyBabes Referral Program.
5. Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
-you are at least 18 years old;
-if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
-you will provide such other information or verification records as we require.
-you are permitted by the laws of the country or State/province where you are located to join OnlyBabes and to view any Content available on it and to use any functionality provided by it; and
-you are able and willing to make payment (when and where required) to view Content available on OnlyBabes which you wish to view and to use any functionality provided by OnlyBabes that you wish to use.
6. Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on OnlyBabes:
-You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on OnlyBabes:
-the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
-you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
-if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on OnlyBabes.
You agree that you will be liable to us and indemnify us if any of the warranties in section 6 is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of OnlyBabes. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
7. Adult material: You acknowledge that you are aware that some of the Content on OnlyBabes contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
8. Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
-All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the OnlyBabes platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.
-Creators are solely responsible for determining (within the parameters for pricing on OnlyBabes) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in USD only.
-Fan Payments are exclusive of VAT and taxes, which shall be added at the current rate as applicable to Fan Payments.
-To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
-You authorize us or our affiliated companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in USD. 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 and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
-If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
-The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
-Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
-If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
-You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
-Wallet credits: You can prepay an amount on OnlyBabes (known as "Wallet Credits") which you can later use to make Fan Payments. Purchases on OnlyBabes cannot be divided - if you attempt a purchase that costs more than the total amount of your remaining Wallet Credits, your payment card will be charged the full amount for that purchase. Wallet Credits are subject to a maximum amount as determined by us from time to time. Interest will not accrue on Wallet Credits. Wallet Credits are non-refundable, which means that you are not entitled to a refund of any unused Wallet Credits.
9. Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Last updated: November 2023
TERMS OF USE FOR CREATORS
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THESE TERMS CAREFULLY
1. Introduction: These Terms of Use for Creators are additional terms which apply if you use OnlyBabes as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
2. Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users.
In addition:
"VAT" means value added tax and any other tax that may be 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; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether through the United States of America or any other jurisdiction.
3. Other terms which will apply to your use of OnlyBabes: The following terms will also apply to your use of OnlyBabes and you agree to them:
Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can’t do on OnlyBabes;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of OnlyBabes, and how we will deal with that complaint;
The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on OnlyBabes; and
Our Community Usage Rules – which provide additional terms and guidance regarding your interactions with OnlyBabes.
4. Other terms which may apply to your use of OnlyBabes: The following additional terms may apply to your use of OnlyBabes:
If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
If you are also a Fan, the Terms of Use for Fans will also apply to your use of OnlyBabes as a Fan; and
If you participate in the OnlyBabes Referral Program, the Referral Program Terms will apply to your use of the OnlyBabes Referral Program.
5. What are the fees that we charge Creators for the use of OnlyBabes? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (called “OnlyBabes Fee”). The remaining eighty per cent (80%) of the Fan Payment is payable to you (called "Creator Earnings") less any applicable VAT or Tax withholdings. Our Fee includes the costs of providing, maintaining and operating OnlyBabes and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
6. How to set up your account as a Creator account: To set up your account as a Creator account:
On your User account page, you will need to upload a valid form of ID and two photos of you in accordance with the requirements set out here.
Also on your User account page, you will need to add a bank account or the payment details of your bank account or a payment method.
Also on your User account page, you will need to select one of the available methods provided by OnlyBabes as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
Depending upon your residency, you will need to provide us with the required tax United States tax withholding filings.
You may also need to submit additional information depending on the country where you live.
We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated here.
Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by OnlyBabes as set out here.
You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
7. Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
8. Fan/Creator Transactions: This section describes the terms which apply to Fan/Creator Transactions:All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the OnlyBabes' platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transaction.
Fan Payments are exclusive of VAT or taxes, which shall be added at the current rate as applicable to Fan Payments.
When you receive confirmation from OnlyBabes, either in the ‘Statements’ page of your User account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must perform your part of such Fan/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customized Content paid for by the Fan and/or allowing the Fan to use the fan interaction function paid for, as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
9. Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on OnlyBabes:
Your Content is not confidential, and you authorize your Fans to access and view your Content on OnlyBabes for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
You warrant (which means you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on OnlyBabes:
-the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
-you hold all rights necessary to license and deal in your Content on OnlyBabes, including in each territory where you have Fans and in the United States of America;
-you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
-if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on OnlyBabes; and
-the Content is:
-of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
-reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; andas described by you.
You agree that you will be liable to us and indemnify us if any of the warranties above in section 9 is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of OnlyBabes. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
You also agree to act as custodian of records for the Content that you upload to OnlyBabes.
10. Advertising on OnlyBabes:
(i) If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10 of these Terms of Use for Creators.
(ii) Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
does not:
-prejudice respect for human dignity;-include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;-encourage behavior prejudicial to health or safety;
-encourage behavior grossly prejudicial to the protection of the environment;-cause physical, mental or moral detriment to any person;
-directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;-directly encourage persons to persuade others to purchase or rent goods or services;
-exploit the trust of persons in others; or
-unreasonably show persons in dangerous situations;
-does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
-does not advertise, promote, or facilitate illegal gambling, and-in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
(iii) Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to OnlyBabes contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
11. Co-authored Content:
(i) If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on OnlyBabes; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
(ii) You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:-has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and-has consented to the Co-Authored Content in which he or she appears being posted on OnlyBabes.
(iii) In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on OnlyBabes, you will tag the OnlyBabes account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
(iv) If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on OnlyBabes.
(v) You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
(vi) You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
12. Payouts to Creators:
(i) All Fan Payments will be received by a to-be-designated third-party payment processor provider (“TBD Payment Processor”) approved by us.
(ii) If you have chosen the TBD Payment Processor account option, the TBD Payment Processor will collect the Fan Payment and pay the Creator Earnings to your bank account.
(iii) Where the TBD Payment Processor is not the Payout Option chosen by you, Our Fee will be deducted from the Fan Payment received and your Creator Earnings will be held by us or one of our affiliated companies on your behalf.
(iv) Your OnlyBabes account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your OnlyBabes account once such Creator Earnings appear in your OnlyBabes account.
(v) To make a withdrawal of Creator Earnings from your OnlyBabes account, you must have at least the minimum payout amount in your OnlyBabes account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
(vi) The amount that you see in your ‘current balance’ in your OnlyBabes account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in USD only. If you have chosen the TBD Payment Processor Payout Option then the Fan Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by the TBD Payment Processor. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
(vii) If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
(viii) Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
13. Circumstances in which we may withhold Creator Earnings:
(i) We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
-if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
-if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
-if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
(ii) We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
(iii) We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
(iv) If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
(v) If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.
14. Promoting Tax and VAT compliance:
(i) General:
We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your own individual circumstances.
By using OnlyBabes as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of OnlyBabes to the relevant Tax or VAT authority in your jurisdiction, as required by law.
By using OnlyBabes as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax or VAT rules which apply to you. If, at any point while you have an OnlyBabes account, any Tax or VAT non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax or VAT) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax or VAT non-compliance, you agree that you will:
-notify us by email to [email protected] in writing within 7 days of the occurrence of the Tax or VAT non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
-promptly provide us by email to [email protected] with:
-details of the steps which you are taking to address the occurrence of the Tax or VAT non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
-such other information in relation to the occurrence of the Tax or VAT non-compliance as we may reasonably require.
For the avoidance of doubt, you are responsible for your own Tax and/or VAT affairs and we (i) are not responsible for advising you on your Tax or VAT affairs and will not be liable in respect of any general information provided on OnlyBabes or by [email protected] in respect of any Tax or VAT issues, and (ii) will not be liable for any non-payment of Tax or VAT by Creators.
We reserve the right to close your OnlyBabes account if we are notified of or become aware of any Tax or VAT non-compliance by you.
Last updated: November 2023
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE YOU AGREE TO THE FOLLOWING ACCEPTABLE USE POLICY – PLEASE READ IT CAREFULLY!
This Policy applies to your use of OnlyBabes and to all Content on OnlyBabes and this policy forms part of your agreement with us. This Policy sets out what is and is not permitted on OnlyBabes.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
1. Do not use OnlyBabes except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of OnlyBabes to or with anyone else.
2. Only use OnlyBabes in a manner and for a purpose that is lawful.
3. Do not upload, post, display, or publish Content on OnlyBabes that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
4. Do not use OnlyBabes in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
5. Do not upload, post, display, or publish Content on OnlyBabes that shows, includes or refers to:
-any individual under 18 years old (or which refers to individuals under 18 years old generally); or
-any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
-shows, promotes, advertises or refers to:
-firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
-drugs or drug paraphernalia;-self-harm or suicide;
-incest;-bestiality;-violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
-necrophilia;
-urine, scatological, or excrement-related material;
-"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, captured, or otherwise memorialized, or (b) being posted and shared on OnlyBabes);
-escort services, sex trafficking, or prostitution;
-contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
-contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
-contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for OnlyBabes including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
-either:
-in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, state or province where public nudity is illegal; or
-in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
-gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;-causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
-is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or-involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
6. You must comply with any requirements set out in our Community Usage Rules.
7. Do not use OnlyBabes to stalk, bully, abuse, harass, threaten or intimidate anyone else.
8. Do not use OnlyBabes to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
9. Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
10. Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
11. Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
12. Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
13. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
14. Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
15. Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
16. Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
17. Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of OnlyBabes.
18. Do not use OnlyBabes in a way that could adversely affect our systems or security or interfere with any other User’s use of OnlyBabes, including their ability to engage in real-time activities through OnlyBabes.
19. Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access OnlyBabes or any server, network or system associated with OnlyBabes, or to extract, scrape, collect, harvest or gather Content or information from OnlyBabes.
20. Do not use OnlyBabes' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Acceptable Use Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
Last updated: November 2023
REFERRAL PROGRAM TERMS
WARNING!
Please carefully read the warning below with respect to the OnlyBabes Referral Program:
It is illegal for us or for a participant in the OnlyBabes Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the OnlyBabes Referral Program.
Do not be misled by claims that high earnings are easily achieved from participation in the OnlyBabes Referral Program.
Although we do not demand any payment from Referring Users for the purposes of participating in the OnlyBabes Referral Program, we are legally required to inform you that if you sign this contract, you have 14 days in which to cancel and get your money back.
1. Introduction: These Referral Program Terms are additional terms which apply if you use the OnlyBabes Referral Program. These Referral Program Terms form part of your agreement with us.
2. Interpretation: In these Referral Program Terms defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
(i) "Referring User" is also referred to as "you" or "your" in these Referral Program Terms;
(ii) "Referred Creator" means the person who joins OnlyBabes as a Creator via the Referring User's unique referral link.
3. What is the OnlyBabes Referral Program? OnlyBabes offers a referral program by which existing Users can introduce people who are interested in becoming Creators to OnlyBabes and receive referral payments from OnlyBabes which are calculated and limited as described in these Referral Program Terms.
4. The rules of the OnlyBabes Referral Program:
(i) Only Users of OnlyBabes with a current User account can participate in the OnlyBabes Referral Program. If a User's account has been suspended or terminated by us for any reason, or deleted by the User, that User will not be eligible to participate in the OnlyBabes Referral Program.
(ii) You will need on your User account page to add a bank account or a payment method details of your bank account or a payment method in order to receive referral payments under the OnlyBabes Referral Program.
(iii) Each User has a unique referral link (which can be accessed via the User's User account) which the User may share with others. When sharing your unique referral link you must not impersonate OnlyBabes or give the impression that your referral link is being shared or promoted by us. You must not use Google Ads or any similar advertising platform or search engine advertising service to share or promote your unique referral link. Upon our request, you must disclose the methods by which you share your unique referral link in the Bio/Website field of your OnlyBabes account.
(iv) The Referred Creator must click on your unique referral link and then register with OnlyBabes using the same browser that they used to click on your unique referral link. If someone registers with OnlyBabes other than by using your unique referral link, we will not link that account to your referral and no referral payments will be made to you.
(v) The Referred Creator must not have opened a User account with OnlyBabes (whether under the same name or another name) before clicking on your unique referral link. If the Referred Creator is currently or has previously been a User of OnlyBabes no referral payments will be made to you for the referral.
(vi) If the Referred Creator sets up more than one User account referral payments will be made to you on the earnings made by the Referred Creator from their first User account only. No referral payments will be made to you on any further User accounts set up by the Referred Creator.
(vii) No referral payments will be made to you on any referral of a Referred Creator which we determine is owned or operated by you, or is in a commercial relationship with you. You will provide any information which we request to enable us to determine whether the Referred Creator is owned or operated by you or if there is a commercial relationship between you and the Referred Creator.
(viii) You agree that when promoting OnlyBabes in any way as a Referring User:
-you will not give a false impression of OnlyBabes, the services, programs, and content (including Content) made available through OnlyBabes, its Users or the Terms of Service; and
-you will not make any statements which suggest to a potential Creator that the potential Creator will make a particular sum of money (or any money) from their use of OnlyBabes, or any statements regarding the likely number of Fans.
5. Referral payments:
(i) How are referral payments calculated? Once a Referred Creator has become a registered User of OnlyBabes in accordance with the rules of the OnlyBabes Referral Program described above, the Referring User will be paid a referral payment equal to five per cent (5%) of Fan Payments generated by the Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of OnlyBabes, up to a maximum referral payment by OnlyBabes to the Referring User of US$50,000 per Referred Creator. This means that if a Referred Creator generates Fan Payments with a total value of US$1 million or more in the twelve months after the date on which that Referred Creator becomes a registered User of OnlyBabes, then the Referring User's referral payments in relation to that Referred Creator will be capped at US$50,000 in total. However, if the Referred Creator generates Fan Payments with a total value of less than US$1 million in the twelve months after the date on which that Referred Creator becomes a registered User of OnlyBabes, then the Referring User will be paid five per cent (5%) of the Fan Payments generated by that Referred Creator in the twelve months after the date on which the Referred Creator becomes a registered User of OnlyBabes, following which no further referral payments will be made to the Referring User in respect of that Referred Creator.
(ii) VAT/Taxes: If you are a Referring User you should know that all referral payments payable to you by us will be inclusive of any VAT or taxes (as defined in the Terms of Use for Creators) which is or becomes chargeable on any supplies made by you, except as provided for in the Terms of Use for Creators.
(iii) Warning: In compliance with regulation 3 of the UK’s Trading Scheme Regulations 1997 (as amended) and section 120(1) of the Fair Trading Act 1973, please read the warning below in respect of the OnlyBabes Referral Program:
It is illegal for us or for a participant in the OnlyBabes Referral Program (including Referring Users and Referred Creators) to persuade anyone to make a payment by promising benefits from getting others to join the OnlyBabes Referral Program.
Do not be misled by claims that high earnings are easily achieved from participation in the OnlyBabes Referral Program.
(iv) Choosing a payout method to receive referral payments: In order to be able to receive referral payments you must first choose one of the payout methods provided by OnlyBabes in your country of residence. These methods are called "Payout Options".
(v) How frequently are referral payments made? The referral payment due to you on Fan Payments made to the Referred Creator in a calendar month will be transferred to you on or around the first day of the next calendar month (which means, for example, that referral payments due to you in respect of Fan Payments made to the Referred Creator in July shall be paid to you on or around August 1).
(vi) Who bears the cost of the referral payment? The cost of the referral payment is borne by us, not the Referred Creator.
6. Our rights relating to the referral program.
(i) If referral payments have been made incorrectly then we have the right to recover the wrongly paid sums from the User to whom the wrongly paid sums have been paid.
(ii) We may request you or Referred Creators (or both) to provide us with ID and other information reasonably required by us to verify any referral payment to be made and the person to whom any referral payment should be made. Failure to provide any information requested by us may lead to you losing your entitlement to referral payments in respect of the relevant Referred Creator.
(iii) We may change any aspect of the OnlyBabes Referral Program (including how referral payments are calculated) or discontinue the OnlyBabes Referral Program at any time, but no change will deprive any Referring User of referral payments already earned based on Fan Payments made to Referred Creators before the changes came into effect.
7. Circumstances in which we may withhold referral payments:
(i) We may withhold all or any part of the referral payments due to you but not yet paid out:
-if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
-if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
-if we suspect that all or any part of the referral payments due to you result from unlawful or fraudulent activity, either by you, by the Fan who made the Fan Payment to the Referred Creator which resulted in the referral payment, or by the Referred Creator to whom the Fan Payment was made which resulted in the referral payment, for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful or fraudulent activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) all or any part of referral payments due to you result from unlawful or fraudulent activity, we may notify you that you have forfeited all or any part of your referral payments.
(ii) We may also withhold all or any part of the referral payments due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on, referral payments. We undertake no duty to pay referral payments to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
(iii) We shall not have any responsibility to you if we withhold or forfeit any payment due to you under the OnlyBabes Referral Program where we have a right to do so under these Referral Program Terms.
(iv) If we are withholding all or any part of the referral payments due to you and we determine that part of the referral payments withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the referral payments which is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all referral payments due to you but not yet paid and we may set off such amounts against any losses suffered by us.
Last updated: November 2023
COMPLAINTS POLICY
1. Introduction: The following information sets out our complaints policy. If you are a User of any of the online applications and website locations for the OnlyBabes services, this Complaints Policy forms part of your agreement with us.
2. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term "business days" means any day which is not a Saturday, Sunday or public holiday in the United States.
3. Who can use this Complaints Policy? Whether or not you are a User of OnlyBabes, you can use this Complaints Policy to alert us to any complaint which you have relating to OnlyBabes.
4. How to make a complaint: If you have a complaint about OnlyBabes (including any complaint about Content appearing on OnlyBabes or the conduct of a User), please send your complaint to [email protected] 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.
5. If you are unable to contact us by email, please write to us at the following address: OnlyBabes, 146 N. San Fernando Blvd., Suite 202, Burbank, CA 91502.
6. How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under section 4 above:
-we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
-if we require further information or documents from you, we will contact you to let you know;
-we will in good faith investigate your complaint within seven (7) business days;
-if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
-if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.
Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
7. How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.
8. How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 4 above:
-we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
-if we require further information or documents from you, we will contact you to let you know;
-we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on OnlyBabes and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
-we are not obligated to inform you of the outcome of your complaint.
9. Unjustified or abusive complaints: If you are a User of OnlyBabes, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
Last updated: November 2023
PLATFORM TO BUSINESS REGULATION TERMS
1. Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
2. Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
3. Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom. If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
4. What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
5. Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/OnlyBabes) and Twitter (www.twitter.com/OnlyBabes) social media accounts.
6. Ranking on OnlyBabes: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on OnlyBabes in the previous 30 days. We have no ranking system. There is no search/discovery feature on OnlyBabes.
7. Complaints: If you have a complaint about:
-any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or-technological issues relating directly to OnlyBabes and which affect you; or
-measures taken by us or our conduct which relate directly to OnlyBabes and which affect you,
then please submit your complaint to [email protected].
8. Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
-consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
-process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
-communicate to you in plain and intelligible language by email or by message to your Only Platform account the outcome of the internal complaint-handling process.
9. Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through the internal complaint-handling process as set out in section 8 above, then you may access the mediation service by contacting:Centre for Effective Dispute Resolution International Dispute Resolution Centre P2B Panel of Mediators 70 Fleet Street London EC4Y 1EU Europ https://www.cedr.com/p2bmediation/You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms of Use for all Users.
Last updated: November, 2023
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