XCLUSIVE CONTENT PORTAL USAGE POLICY
What are Terms and Conditions?
Terms and Conditions (also known as Terms of Service, Terms of Use or T's and C's) are rules that one accepts to comply with in order to use a service. These terms can also be a warning, especially regarding the use of web pages.
IF YOU WANT TO BE A MODEL.
Content posted by users and models
As an account holder of the Websites, you may submit content to the Websites and other websites linked to the Websites, including videos and user comments. You understand that the Websites do not guarantee any confidentiality with respect to any Content you submit.
You are solely responsible for your own Content and the consequences of posting, uploading, publishing, transmitting or making available in any other way your Content on the Websites. You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness. We do not control the Content you submit or contribute, and we make no warranties related to Content submitted or contributed by users. While we do sometimes review Content submitted or contributed by users, we are under no obligation to do so. Under no circumstances will we be liable in any way for any claims relating to Content submitted or contributed by users.
You affirm, represent and warrant that you have or possess the necessary licenses, rights, consents and permissions to publish the Content you submit; and you license to the Websites all patents, trademarks, trade secrets, copyrights or other proprietary rights in such Content for publication on the Websites in accordance with these Terms of Service.
In addition, you agree that Content you submit to the Websites will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material and/or you are legally authorized to post the material and to grant to the Websites all of the license rights granted herein.
You agree and understand that the Websites (and their successors and affiliates) may use your Content for promotional or commercial purposes and to provide the services in accordance with these Terms of Service. For the sake of clarity, you retain all ownership rights to your Content. By submitting content to the Websites, you grant the operators of the Websites an unlimited, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, publish, distribute, transmit, market, create derivative works from, adapt, translate, publicly display, publicly perform, communicate, make available or otherwise use all Content. You also give up, to the fullest extent permitted by law, any claim against us relating to moral rights in the Content.
Under no circumstances will we be liable to you for any exploitation of any Content you post. You also hereby grant to each user of the Websites a non-exclusive, royalty-free license to access your Content through the Websites and to use, reproduce, display, communicate and perform such Content as permitted by the functionality of the Websites and under these Terms of Service.
The previous licenses granted by you in the video Content you submit to the Websites terminate within a commercially reasonable time after you remove or delete your Content from the Websites. You understand and agree, however, that the Websites may retain, but not display, distribute or make, server copies of your videos that have been removed or deleted. The previous licenses granted by you in the user comments you submit are perpetual and irrevocable.
The Websites do not endorse any Content submitted by any user or another licensor, or any opinion, recommendation or advice expressed therein, and the Websites expressly disclaim any liability in connection with the Content. The Websites do not permit copyright infringing activities or infringement of intellectual property rights on the Websites, and the Websites will remove all Content if properly notified that such Content infringes the intellectual property rights of another. The Websites reserve the right to remove Content without notice.
All Content you submit must comply with the Content standards set forth in these Terms of Service.
If any Content you post on or through the Websites contains ideas, suggestions, documents and/or proposals to us, we shall have no obligation of confidentiality, express or implied, with respect to such Content, and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such Content in our sole judgment without any obligation to you (i.e., you shall not be entitled to any compensation or reimbursement of any kind from us under any circumstances). In the process of posting Content on the Websites, you may be asked to provide certain personally identifiable information, such as your name, address, e-mail address, a password and other documentation. You may also be required to provide such information to use certain features of the Websites.
We will keep a record of the information you provide, including your personally identifiable information. That information may be linked in our records to other information you provide, including Content. We will not provide your name or other personally identifiable information to our advertisers or business partners without your permission. Please note that some of the information you provide when registering and using the Websites, including the name used when registering and using the Websites or other personally identifiable information, may be displayed to other members of the Websites and may become public. In addition, we may disclose the personally identifiable information and documentation you provide in certain limited circumstances, including, amongst others, in response to subpoenas or law enforcement requests.
Content published by models
If you wish to become a Model and post Content through the Websites, you must first join our Model Program and agree to its terms and conditions and provide true and correct personal information. If the information you provide is not true and correct, you face immediate termination of your account and may be subject to legal penalties.
We may, in our sole judgment, reject your application to join our community of content providers for any reason
You may be asked to provide a valid email address for verification and quality assurance purposes, and you agree that we may send you emails, both of a transactional nature as well as for commercial and promotional purposes.
You will choose your own screen name, which must be unique to you, not offensive to others, and not infringe on someone else's copyright or trademark. You will also choose your password, which you can change later. It is imperative that you do not allow anyone else to use your account (you must keep your password secret and secure). Certain changes to your personal information, such as your name and screen name, can only be made by our staff. Therefore, if your information appears incorrect or needs to be changed, you may need to contact our staff to have it changed.
You can never use someone else's account, just as no one else can use yours.
Before you can earn and receive profits from Content you may offer for sale, you must verify your identity. To do so, you must send us high-resolution images or scans of at least one or two documents of information, containing your date of birth, ID expiration date, your photo, your full legal name and address. This could be, for example, your driver's license (in countries where a national ID is not mandatory), international passport, citizenship card, state ID, national passport or your national ID card. The other form of identification may be your utility bill. If all of the required information is on your government-issued photo ID, you do not need a second document. We may, at our sole criteria, require you to provide multiple forms of identification to establish proof of adulthood and identity.
You acknowledge that you are fully responsible for the activity that occurs on your account. Please note that you may not permit any other person to use your account and that you must immediately report to us any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a screen name or password.
You will be liable for any losses we incur due to unauthorized use of your account. We are not responsible for your losses caused by any unauthorized use of your account and you specifically give up any such claim and agree to defend and indemnify us against such claims against your account by third parties.
To the extent that you voluntarily create a user profile to participate in certain selected services we offer, your profile (and its contents) may be searchable by other registered users through the Websites and others associated or networked with us. Similarly, your profile (and its contents) may be searchable by publicly available search engines.
Model content
You have chosen to join the content contributor community as a "Model" and submit Content. You understand that we do not guarantee any confidentiality with respect to any Content you contribute.
As permitted by applicable law, you are free to choose the type of Content you produce and post or publish. You shall be solely responsible for your own Content and the consequences of posting or publishing such Content. In connection with Content you post or publish, you affirm, represent and/or warrant that: (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right of privacy, right of publicity or other commercial or personal proprietary rights in any and all of your Content to allow inclusion and use of the Content in the manner contemplated by the Websites and these Terms of Service, (ii) all persons depicted in the Content freely and voluntarily consented to the production of the Content.
We are not responsible for any Content that violates community standards in your community. If you are seeking information about illegal or inappropriate activities, you agree to leave the Websites immediately. We expect and require that you comply with all federal, state, provincial and local laws when using the Websites and when submitting or posting Content on the Websites. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney before posting Content. We cannot enforce the laws of all jurisdictions for all Content posted on the Websites. As such, we are not responsible for the Content on the Websites.
You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, usefulness or legality of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or Content transmitted to the Websites. You are responsible for all Content that you upload, post, email, transmit or otherwise make available through the Websites.
If we have reason to suspect that your Content violates any third party right, including, without limitation, any copyright, trademark or proprietary right, we may request that you provide us with written evidence of your ownership or right to use the material. in question. If we require such written evidence, you agree to provide it to us within five (5) business days of the date of our request. Your failure to provide us with such required written evidence within that time may lead to immediate termination of your account, we require compensation from you for costs and damages incurred in connection with such Content, and the immediate suspension of any and all pending payments from us to you.
General Aspects
Agreement
Eligibility to access XCLUSIVE CONTENT
Members Information
Services Description
User-generated content
XCLUSIVE CONTENT Registration
General Site Usage - Permissions and Restrictions
Your use of content on the site
Models
Fraud
Transactions and payments
Account Termination Policy
Data Retention
No guarantee of access or benefits
Warranty Notice
Limitation of Liability
Compensation
Section 2257 Exemption Statement
Jurisdiction and Choice of Law Agreement
Assignment
General
Use terms and conditions
These terms and conditions of use are applicable to the web portals of all brands belonging to SIGNAL X NC LLC and regulate the use that you can give as a visitor and/or user to the content published on the Portals, as well as the conduct that you can develop during your visit and use of the Portals. By visiting the Portals, you accept these terms and conditions and agree to be bound by them. You assume responsibility for your use of the Portals. It is your responsibility to review and comply with these Terms and Conditions of Use periodically.
Access conditions
The access to the Portals allows access to all information published by XCLUSIVE CONTENT. Access to the Portals by visitors is for people of legal age. If you are a minor, you must obtain prior consent from your parents, guardians or legal representatives, who will be responsible for any acts you carry out in contravention of these terms and conditions of use of the Portals. It is understood that minors who access and use the Portals have this consent and acknowledge that they are subject to the terms described herein.
Access to the functionalities of the Portals requires prior registration, under the conditions described herein.
1. Terms of use for public content
The Content (which includes or may include but is not limited to fonts, text, information, images, photographs, drawings, cartoons, layout, scripts, interpretations of works, performances or voice narrations, video, multimedia, software, applications, music, phonograms, sounds, among other materials and/or literary, artistic or erotic and explicit content, as well as the selection and arrangement thereof, among other materials and/or literary, artistic or erotic and explicit works, as well as their selection and arrangement), is the exclusive property of the celebrity or person who develops or broadcasts it through our portal, or advertisers, or third parties who have granted a license to XCLUSIVE CONTENT, with all rights reserved. As such, such Content is protected by national laws and international treaties in force on Intellectual Property.
With no prejudice to the aforementioned, XCLUSIVE CONTENT does not grant visitors any license to download, reproduce or copy by any means, transform, make available to third parties, frame, compile, upload, distribute, synchronize, include in videograms or phonograms, or re-publish on any Internet, Intranet or Extranet site, adapt, modify, transmit or re-transmit, or communicate to the public, in whole or in part, The Content or make inclusions in compilations, or any other form of derivative works. Neither is authorized any act or legal business that involves taking advantage onerously or free of charge that affects the normal exploitation of the Content or create situations in which the interests of SIGNAL X NC LLC are harmed.
Unless expressly stated otherwise in this document, nothing in these Terms and Conditions of Use of the Portals should be interpreted in the sense of granting a license on intellectual property rights, either by legal impediment, implied, application of presumptions in the case of photographic works or reproductions of digitized pictorial works or in any other way. This license may be revoked at any time, without prior notice, with or without cause and without giving rise to compensation in favor of the subject licensee.
The portals may not be used for any illegal purpose. Data entered for such purposes will be deleted immediately.
You agree to make appropriate use of the Content. By way of example but not limitation, you agree not to:
2. Data and third party websites
The Portals may offer hyperlinks or access to web pages and contents of other natural or legal persons, with the purpose of informing the user about the existence of other sources likely to expand the contents that it offers, or that are related to those. XCLUSIVE CONTENT does not control, endorse or guarantee the content included in these sites, nor is it responsible for the operation or accessibility of the linked Web pages, nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the results obtained.
The visitor and user agrees that XCLUSIVE CONTENT is not responsible for any content, associated links, resources or services related to a third party site. Further, the visitor and user agrees that XCLUSIVE CONTENT shall not be liable for any loss or damage of any kind resulting from the use of any third party content.
XCLUSIVE CONTENT cannot guarantee the availability of online services and information required by users at any given time. Nor will it incur any liability to the visitor and user or third parties when its website is not available.
3.Cookies
The websites make use of its own and third party cookies. Please note that the use of cookies will allow us to optimize your experience in these Portals, and at the bottom of our page you will find our cookies policy in detail.
4. Infringing Content Notification Procedure
XCLUSIVE CONTENT respects and promotes the protection of intellectual property rights of third parties. However, in the event that XCLUSIVE CONTENT inadvertently and without bad faith on its part, publishes content whose rights belong to third parties. Please use the following procedure for notification of content that violates the rights of third parties.
In case you find content on the Portals that you consider violates your rights, we ask you to go to https://xclusive-content.com/ where at the bottom of the page (Footer), you will find the new customer service channels or; (ii) by writing directly to info@xclusive-content.com.
Please include the following information in the notification:
Please note that in the event that the information submitted in your communication is incorrect, XCLUSIVE CONTENT assumes no responsibility for the consequences of its withdrawal. Consequently, you should be aware that by submitting your communication you assume any damages that may be caused to third parties in good faith.
4.Prohibited conduct by visitors and users
The visitor and user may not access or use, or attempt to access or use, the digital services to carry out any action that may harm XCLUSIVE CONTENT or any third party, interfere with the operation of the same services, or use them in a manner that violates any law.
5.Copyright on the content of the site and digital services
The digital services and their content are the property of XCLUSIVE CONTENT. The visitor and user is prohibited from including them in videograms or phonograms, compilation works, transforming them, synchronizing them, distributing them, reproducing them in whole or in part, translating them, including them, transmitting them, storing them by any means or technology created or to be created, without prior written authorization.
The contents published on XCLUSIVE CONTENT digital services (including, but not limited to, text, photographs, graphics, videos, audio content, computer code, etc.) are protected by copyright as collective works or compilations under international copyright laws. Likewise, rights derived from performers, performers of works, broadcasting rights or phonograms produced by XCLUSIVE CONTENT or assigned or licensed to XCLUSIVE CONTENT may not be fixed in new media, new phonograms or videograms, reproduced or communicated to the public by any means or format without the written authorization of XCLUSIVE CONTENT.
6. Claim of prohibitions on distribution of works whose copyrights are held by XCLUSIVE CONTENT.
The visitor and user, by browsing the Portals, agrees and undertakes with XCLUSIVE CONTENT that he/she will not distribute massively, nor unduly and/or illegally, the exclusive digital content nor the content published on the XCLUSIVE CONTENT website or in digital versions, which may damage and infringe the copyrights that XCLUSIVE CONTENT holds on these products.
THE DISTRIBUTION OF THE EXCLUSIVE CONTENT OF THE PAGES OF XCLUSIVE CONTENT PUBLICATIONS IS PROHIBITED. IN ANY MEDIA.
For the purposes of this paragraph, broadcasting is understood as the transmission of a live program through a web site.
7.Limitation of Liability
XCLUSIVE CONTENT is not responsible for:
8. Data Processing Authorization
By browsing the Portals as a visitor, registered user and/or subscriber, you are manifesting your free, express and informed consent, under the terms of the Personal Data Protection Act in the United States and other regulatory standards, for XCLUSIVE CONTENT to process the data provided by you, according to the purposes described in the privacy policy of XCLUSIVE CONTENT which you can access through our portal at the bottom, To inform by any means and maintain an efficient communication, about promotions, news and products and services related to events and products offered by XCLUSIVE CONTENT, as well as products and services promoted directly by strategic allies of XCLUSIVE CONTENT (Alliances with third parties), which generate added value for the title holder.
You expressly declare that the purpose of the use of your personal data by XCLUSIVE CONTENT has been fully informed and expressly authorize that your data may be transferred or transmitted to strategic partners, duly authorized by XCLUSIVE CONTENT, which will be delivered only in accordance with the principles, guidelines and provisions of the data protection law and other applicable regulations.
Please note that you are not obliged to answer questions that deal with sensitive data, nor to grant authorization for the processing of such data.
Remember that as the holder you have the right to know, update, rectify, delete your personal data and revoke your authorization through the channels described in the data processing policy. If you do not agree with the content of this legal notice, we ask you to clearly express that you are not willing to provide the required personal data.
9.Miscellaneous
XCLUSIVE CONTENT may modify these Terms and Conditions of Use of the Portal at any time and without prior notice, however, such changes will be published by XCLUSIVE CONTENT through its informative channels, to the knowledge of the Users who browse the web Portals.
These Legal Terms shall be governed by and construed in accordance with the laws of the United States.