Terms and Conditions For Users and Members

Terms and Conditions For Users and Members

(last updated on March 19, 2019)

https://bittxn.net Inc. (hereafter “https://bittxn.net” as defined below) operates and manages the https://bittxn.net.net web Platform (as defined below) where independent content uploaders can upload, publish, broadcast, license, share and sell their original videos, tangible goods, offer services such as live streams or live chats to users. The Platform provides explicit adult entertainment and is only open to consenting adults.

YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION TO AGREE TO THESE TERMS AND CONDITIONS. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW.

WE DOT NOT TOLERATE ANY MATERIAL INVOLVING OR REPRESENTING MINORS, INCLUDING ANY VIRTUAL DEPICTION, AND HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY. WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE PERFORMERS OR MODELS APPEAR ON THE PLATFORM, AND WE WILL REPORT ANY UNLAWFUL ACTIVITIES.

These terms and conditions (hereinafter referred to as “T&C”) including our Privacy Policy, all https://bittxn.net’s rules, such as “Rules”, “Forbidden Words”, “DMCA”, “Billing”, and “Record Keeping Requirements”, found here (the “Platform Rules”) form the binding contract between https://bittxn.netVERSE Inc. and YOU (hereafter “you”, “USER”, or as the case may be, “MEMBER”; for more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS). If you do not agree to all of these Platform Rules, which shall form an integral part of the T&C as if they were recited at length herein, you may not use the Platform (as defined below) and should not proceed to create an account or otherwise use the Platform. By using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by all of these T&C, including all amendments made to them from time to time. https://bittxn.net reserves the right, at its sole discretion, to revise these T&C. You agree that all changes to the T&C are effective and enforceable upon posting. Further, you agree and understand that it is up to you to be knowledgeable and to periodically review all of these T&C to see if anything has changed. https://bittxn.net will not be liable for your neglect of your legal rights.

IF YOU DO NOT AGREE WITH THESE T&C, OR IF YOU DO NOT AGREE WITH ANY REVISED T&C, DO NOT USE THE PLATFORM.

  1. DEFINITIONS
    Where used in these T&C, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:
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    • 1.1“Broadcast” shall encompass upload, publish, broadcast, share and offer Content, including Live streams;
    • 1.2″Content” shall mean, depending on the context in which it is used, original Uploader-generated content OR original MEMBER-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time. For more clarity, MEMBER-generated Content is mostly limited to comments and excludes any videos, memberships and tangible goods;
    • 1.3“Live Streams” shall mean sessions organised by Uploaders during which Content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility for MEMBERS to have two-ways camera sessions.
       
    • 1.4″MEMBER(S)”, as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the registered individuals using the Platform for their personal use, also called “https://bittxn.net Member(s)”, at the exclusion of Uploaders. For more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS;
    • 1.5″https://bittxn.net” as well as all first-person pronouns (such as “we”, “us” “our”, “ours”), shall refer to https://bittxn.net Inc. and/or its affiliates or assigns. https://bittxn.net operates and manages the Platform, and acts as an intermediary between Uploaders, and USERS using the Platform, as well as to permit Uploaders and MEMBERS to interact on the Platform;
       
    • 1.6″Platform” shall refer to the hosting service operated and managed by https://bittxn.net, available at www.https://bittxn.net.net (and including all of its subdomains, any predecessor or successor domain or URL), where Uploaders can Broadcast, license and sell their Content using the tools and features provided by such Platform, as well as where USERS using the Platform can view and post certain types of Content, and where Uploaders and MEMBERS can interact online.
       
    • 1.7″T&C” means collectively these terms and conditions, including our Privacy Policy as well as all Platform Rules, and all instruments and assurances in amendment or confirmation of them. “hereof”, “herein”, “hereto” and “hereunder” and similar expressions mean and refer to these T&C;
       
    • 1.8″Uploader(s)” shall refer to the independent models, performers and other content producers or studios, registered as such on the Platform, and Broadcasting their original Content onto the Platform for personal use by the USERS; and
    • 1.9″USER(S)”, as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the individuals using the Platform for their personal use, to the exclusion of Uploaders.
       
  2. GENERAL TERMS
     
    • 2.1These T&C govern your rights and responsibilities in connection with your use of the Platform, and is a binding contract between you and us (and not between you or us and any of the Uploaders). We encourage you to read these T&C carefully and periodically.
       
    • 2.2Subject to Section 4, and subject to your compliance with all of these T&C, https://bittxn.net hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the Platform solely for private, personal, non-commercial, and entertainment purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
       
    • 2.3You can only use the Platform for your own personal use, to the exclusion of any commercial use. As a USER only, the Platform gives you the ability to navigate through and see Content previews and picture galleries, to the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to navigate through and buy Content, to post certain type of Content, participate in Live streams, comment and interact online with Uploaders you purchased Content from, as well as, if you are a “Premium MEMBER”, to interact online with Uploaders you did not purchase Content from. Registering as a MEMBER is free. All Content accessible or sold through the Platform is to be accessible or sold to you for private use only. You understand and agree that, as a service provider, https://bittxn.net is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. https://bittxn.net does not endorse any Content or submission, and expressly disclaims any and all liability in connection with Content or submission. You agree to take all necessary precautions when interacting online with other USERS and Uploaders. You also understand that we do not carry out any prior verification or any kind of criminal record check on our USERS or Uploaders and thus we make no statement or warranty regarding our USERS or Uploaders’ behaviour. Therefore, you agree to remain vigilant and take all necessary precautions when interacting online with other USERS or Uploaders. You should use the Platform only in strict accordance with the present T&C and in accordance your local laws and community standards; the Platform may not be accessed or used where prohibited by law.
       
    • 2.4You agree and understand that https://bittxn.net cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between USERS and Uploaders outside of the Platform. Any information you choose to share remains your sole responsibility, and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited.
       
    • 2.5For the purposes of these T&C, USER recognizes that an Uploader is understood to be solely an independent contractor, and in no way should an Uploader be considered employee, agent or partner of https://bittxn.net. Furthermore, USER acknowledges and agrees that https://bittxn.net has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content provided by Uploaders through the Platform.
       
  3. YOUR ACCOUNT
     
    • 3.1 Registration. In order to access the Platform as a MEMBER and to navigate through and buy Content, interact online with Uploaders as well as to post and comment Content, you must first register by creating a MEMBER account. You will have to choose a username which must be unique to you, not offensive to others and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Please note that https://bittxn.net reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
       
    • 3.2 Confidentiality of Your Account. You agree and represent that you will not share your account or login information, nor let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any security breach, including without limitation any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of your login information, and you will be responsible for all uses of your login information, including uploads and purchases, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless and indemnify https://bittxn.net against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your account.
       
    • 3.3 Account and Profile Settings. As a MEMBER, you can edit and modify your account settings at any time through the Platform, including your profile picture and general preferences, as well as your notification preferences. You may also choose, at your discretion, to ignore or to block other Uploaders or USERS from communicating with you, as you can also be ignored by them or banned from communicating with them. You are solely responsible for your interactions with USERS and other Uploaders; we will not monitor or participate in any conflict resolution between you and any USER or Uploader.
       
    • 3.4 Content Uploaded on Your Account. You are solely responsible for all Content uploaded via your account, including any personalization made to your profile and any posting on your wall. You must evaluate, and bear all risks associated with your use of the Platform and your Content. You agree and represent to only upload Content that you are authorized to Broadcast. Furthermore, any Content uploaded onto the Platform shall also be compliant with these T&C; thus, you agree and represent to only upload Content in compliance with these T&C. You will not upload Content that could be deemed illegal, involving minors, or simply not allowed by us, including any content in violation of these T&C. Further, you agree not to upload Content that violates any third party’s intellectual property right or that violates another individual’s privacy. You must have obtained the express consent of anyone pictured or depicted in the Content you Broadcast, and you hereby expressly represent and warrants that you have obtained such consent. We reserve the undisputed right to remove any non-compliant uploaded Content at any time, without prior notice to you. You understand and agree that your profile and your uploaded Content may be visible or searchable by other Uploaders or USERS of the Platform (including any participation in the chat), through the Platform itself. Further, you understand and agree that your profile and your uploaded Content may be searchable by publicly available search engines; should you wish to have some or all of your profile and/or uploaded Content removed from the publicly available search engines, it is your sole responsibility to do so, and to file such removal requests with the concerned search engine(s) operator(s).You also understand and agree that Live streams may be monitored and/or recorded by https://bittxn.net for the purposes of compliance with the present T&C and the Terms of Service for Uploaders but that https://bittxn.net does not have any obligation to do so.
       
    • 3.5 License to your Content. By using the Platform, you agree and understand that https://bittxn.net may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to these T&C.
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    • 3.6 Linking your Account to Social Media. The Platform allows you to link your account to or to post on various third-party social medias or social-networking sites (“Third-Party Site”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Site, you hereby understand and acknowledge that https://bittxn.net has no control whatsoever on such Third-Party Site, and that it is your sole responsibility to ensure that you understand, agree and comply with such Third-Party Site’s terms and conditions.
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    • 3.7 Closing your Account. If you decide to close your account, which you can do at any time, all your Content will be permanently deleted, except as provided below. If you delete your account or if you delete Content from your account, such Content will no longer appear on the Platform. As for the membership granted by Uploader to any MEMBER, such membership will terminate once it expires, and all Content related thereto will be fully deleted upon such expiration.
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    • 3.8 Prohibitions. You agree not to : (i) engage in any act that https://bittxn.net deems to be improper, or in conflict with the spirit or intent of the Platform; (ii) make inappropriate use of the Platform; (iii) use the Platform to engage in any form of harassment, prostitution, sex trafficking or other illegal or offensive behavior, or to post or share any defamatory, offensive, libelous or slanderous statements (iv) attempt to gain any unauthorized use to the Platform, by any means other than the user interface provided by https://bittxn.net, including but not limited to, by circuhttps://bittxn.netenting or modifying, attempting to circuhttps://bittxn.netent or modify any technology, device, security or software that is part of the Platform; (v) disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers, this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person’s use of the Platform; (vi) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Platform; or (vii) otherwise violate any applicable law or regulation, or encourage or enable such violation.
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    • 3.9 2257 Regulations. Notwithstanding anything to the contrary, you understand and acknowledge that https://bittxn.net is not acting as a “producer” as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).
       
    • 3.10 Reporting of Pornography Involving Minors. https://bittxn.net is committed to cooperate with any law-enforcement agency investigating child pornography, and to comply with any applicable law relating to the mandatory reporting of pornography involving minors. We request and encourage you to report any unlawful activities involving minors directly to us and to the authorities. Your report must include any appropriate evidence, including the identified content, as well as the time and date of identification. All reports will be taken seriously and immediately investigated.
       
    • 3.11 DMCA. We support the protection of the intellectual property rights of copyright holders, and thus we will respond to notices of alleged copyright infringement made in accordance with our Digital Millennium Copyright Act (“DMCA”) Notice and Takedown Policy, which can be found here.
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    • 3.12 Section 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful or otherwise inappropriate material: you understand that no minor can have access to the Content, and you agree and warrant taking responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful or otherwise inappropriate to minors. You are hereby informed that you can research such services on websites such as, but not limited to: http://www.safesurfingkids.net/, http://www.safekids.net/internet-safety-organizations-sites/ and http://www.safesearchkids.net/internet-safety-tips-for-kids/#.WR3-e2ffMbo. Please note that we do not make any representation or endorsement regarding any products or information found on those third-party Websites, and recommend that you conduct your own due diligence before installing any online filter. Furthermore, you agree that is it your sole responsibility, at the total exclusion of https://bittxn.net’s, to keep any explicit, harmful or otherwise inappropriate material from being displayed, viewed or accessed to by minors.
       
  4. PRICES AND PAYMENT
     
    • 4.1Content Prices. You do not incur any costs for joining https://bittxn.net. As a MEMBER or USER, you may purchase Content made available to you through the Platform by Uploaders. You may also upgrade your account to “Premium” to access more features, such as direct messaging. Purchases can be made by credit cards, gift cards, Bitcoins, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Content through the Platform, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that https://bittxn.net has no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY CONTENT. Purchases are payable in advance. https://bittxn.net offers different packages you can choose from. As for Live streams, such as chatting or streaming, you can choose from various prepaid packages. https://bittxn.net’s pricing policy then in effect, which can be found here, establishes minimum and maximum prices. https://bittxn.net and Uploaders reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion and without liability to you.
       
    • 4.2 Viewing Purchased Content. After purchasing digital Content, you will see and be able to view such Content in your purchase history, accessible through your profile. You can consult your purchase history directly on your account at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed. Subject to Section 4.3.1 herein, as for non-digital Content, such as memberships and tangible goods, the Uploader is solely responsible for the fulfillment and delivery of such Content, at the total exclusion of https://bittxn.net: https://bittxn.net does not ship, handle or take custody of non-digital Content at any point.
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    • 4.3 Sales Policies. All sales made through the Platform are FINAL and NON-REFUNDABLE, except in the following two cases:
      • 4.3.1Custom Content and tangible Content (e.g. shippable) not provided or shipped within 30 days; in which case https://bittxn.net will contact the concerned Uploader on your behalf for mediation. If the Uploader fails to comply with https://bittxn.net’s request and does not provide or ship the purchased Content, a credit to your https://bittxn.net Wallet will be issued to you within 30 days from https://bittxn.net’s request;
      • 4.3.2Broken of corrupted digital Content; https://bittxn.net will contact the concerned Uploader on your behalf for replacement Content. If Uploader fails to comply with https://bittxn.net’s request and does not replace the Content, a credit will be applied to your https://bittxn.net Wallet within 30 days.
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    • If pursuant to applicable law, a refund is to be issued by https://bittxn.net, it will be credited solely to the payment method used in the original transaction. If the payment method used in the original transaction does not allow refunds (ie. Paysafecards) then, notwithstanding the foregoing, any and all transaction made with such payment methods will be credited solely to your https://bittxn.net Wallet.
    • 4.4Tokens. Tokens are a feature made available to MEMBERS and can only be used as a gratuity offered as an acknowledgment of appreciation to Uploaders in regard to Live streams Content (“Tokens”). For more clarity, Tokens cannot be used as payment for Content, nor are required for MEMBERS to access the Platform or Content. When allocating Tokens, MEMBERS do it on their free will and are not to expect anything in return. Tokens are non-refundable and expire two years after their purchase date. Token packages and prices, which are subject to change from time to time, can be found here.
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    • 4.5Contests. The Platform may offer various internal contests in which you can participate in by ranking the best Content.
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    • 4.6Premium Membership. For MEMBERS desiring to have a greater level of access than the general membership, https://bittxn.net offers an optional membership to premium services. There are three (3) premium membership options: (i) 1-month premium membership; (ii) 3-months premium membership; (iii) and 12-month premium membership. The premium membership covers unlimited messaging, ManyMotes, image sharing, full access to blocked previews, in addition to greater attention and visibility. All MEMBERS can opt in or out of premium services at any time as this additional service is optional, subject however to Section 4.3.
       
    • 4.7MEMBER Information. It is your responsibility to ensure that all information necessary to any purchase (including shipment address) is complete and accurate to avoid any delays in the purchasing and payment processing, and to inform us of any issues which may arise with purchases or payments.
       
    • 4.8Taxes. All prices on the Platform are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future and such taxes may be added by our third-party Internet payment service providers, on our behalf when required, the whole when completing purchase processing.
    • 4.9Currency. All amounts referred to herein and all monetary transactions on the Platform are in US dollars (USD).
       
  5. https://bittxn.net’S RESPONSIBILITIES; DISCLAIMERS; INDEMNIFICATION
     
    • 5.1You understand that the Platform is an evolving technology and concept. For as long as https://bittxn.net continues to provide you with access to the Platform, the Platform may be updated, improved and expanded. As a result, we allow you to access the Platform as it may exist and be available on any given day and have no other obligations, except as expressly stated in these T&C. We may modify, replace, refuse access to, suspend or discontinue all or part of the Platform, for you only, some or all of our Uploaders and USERS, in our sole discretion. All of these changes shall be effective upon their posting on the Platform or by direct communication to you unless otherwise noted.
       
    • 5.2As an intermediary service provider, https://bittxn.net has no obligation to monitor, regulate or police Content, however we reserve the right to do so. We further reserve the right to refuse, remove and/or discard any Content from the Platform, or to block your account in part or in whole, with or without notice if deemed by us to be contrary to these T&C.
       
    • 5.3THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
       
    • 5.4 USER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, OR THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS.  https://bittxn.net PLEDGES TO DO ALL WITHIN ITS MEANS THAT IS REASONABLE AND LAWFUL TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER.
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    • 5.5 https://bittxn.net DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. https://bittxn.net SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.
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    • 5.6 TO THE FULLEST EXTENT PERMITTED BY LAW, https://bittxn.net (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE T&C OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT https://bittxn.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LOSSES RESULTING FROM ANY SUCH FAILURE WILL NOT BE COMPENSATED. USER FURTHER AGREES THAT IN THE EVENT THIS SECTION OF THE T&C IS INVALIDATED, https://bittxn.net’S ENTIRE LIABILITY FOR ANY CLAIM FOR DAMAGES AGAINST https://bittxn.net ARISING OUT OF THESE T&C, WHETHER GROUNDED IN CONTRACT OR IN TORT, SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE AMOUNT OF USD$100 AND NO MORE.
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    • 5.7 Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless https://bittxn.net and the Platform, the operator, its parent, subsidiary and affiliated corporations, their officers, directors, shareholders, employees and agents, server maintenance, independent contractors, telecommunication providers, agents and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform; (ii) your violation or breach of any part of these T&C; (iii) your violation or breach of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that all or any part of your Content caused damage to a third party. This defence and indemnification obligation will survive these T&C and your use of the Platform. You also agree to defend, indemnify and hold harmless https://bittxn.net defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including without limitation, any criminal action brought by any party. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide at our sole discretion to cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at our own expense, and choose our own legal counsel, but are not obligated to do so. You understand and accept that no communication between you and other USERS or Uploaders of the Platform is private. You hereby specifically release us and all other Uploaders or USERs of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these T&C.
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  6. USERS’ REPRESENTATIONS AND WARRANTIES
     
    • 6.1Representations and Warranties. As a material inducement for https://bittxn.net to enter into these T&C, USER represents and warrants:
      • 6.1.1 That USER is of sound mind and body, acting of her/his/its own free will and fully understands the terms and conditions of these T&C, their legal implications;
      • 6.1.2 That USER is AT LEAST 18-YEAR-OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH RESIDE at the time you first access the Platform, whether as a USER or a MEMBER.
      • 6.1.3 That USER has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where USER resides (and when relevant, where any other USER or Uploader resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes, or to carry out or to encourage unlawful activities or activities which would infringe these T&C;
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      • 6.1.4 That the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection with the Broadcast of Content by USER and shall not be present in any of the Content Broadcast by USER at any time: (i) any portrayal of an individual that suggest or imply that such individual is under the age of 18 years of age (or under the age of 21 years in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these T&C, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; bestiality; fisting; urination/defecation (golden/brown showers or enemas); incest; necrophilia; torture; extreme violence; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids, such as dildos, vibrators, etc.; sleeping on camera; performing while intoxicated; any presentation or representation of illegal drugs; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto;
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      • 6.1.5 In addition to 6.1.6 and 6.1.7 and without limiting the generality of these T&C, the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection any interaction with Uploaders : (i) impersonate anyone; (ii) request money or another form of consideration from Uploaders; (iii) harass, defame, threat, use excessive language or be verbally abusive; (iv) depict or share any Content that https://bittxn.net may deem contrary to the present TOS; (v) use or solicit information that might be used for unlawful purposes or encourage unlawful activities; (vi) post or share information about other Users; (vii) disrupt the flow of a live chat; or (viii) record Live streams or live chats;
         
      • 6.1.6That USER shall NOT, under any circumstances, solicit from any Uploader or any other USER or agree to any in-person encounters, any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, and usernames or passwords, nor use any Uploader or any other USER in any way for unfair personal gain or benefit;
         
      • 6.1.7 That USER is solely responsible for complying with all applicable laws and regulations in the jurisdiction where you reside as well as all laws and regulations applicable to the Platform, and applicable to your use of the Platform. At all time, you represent that you will comply with all additional terms, guidelines, or policies enacted by https://bittxn.net.
         
  7. TERM AND TERMINATION
     
    • 7.1 These T&C shall be effective as of the date you start to use the Platform and remain in effect as long as you still use the Platform. You can choose to close your account at any time, at your sole discretion.
    • 7.2 https://bittxn.net reserves the right to terminate these T&C and your account at any time, for any reason, with or without cause. Should https://bittxn.net terminate your account all of the Content which was accessible on it will be permanently deleted.
    • 7.3Notwithstanding anything to the contrary, all rights granted by USER to https://bittxn.net during the term of these T&C shall survive the termination of these T&C by either party.
    •  
  8. TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS AND LOGOS
     
    • The trademarks, services marks, trade names, trade dress and logos (“Marks”) contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of https://bittxn.net and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without https://bittxn.net’s prior written authorization and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of https://bittxn.net and may not be copied, imitated or otherwise used, in whole or in part, without https://bittxn.net’s prior written authorization of. https://bittxn.net will enforce its intellectual property rights to the fullest extent of the law.
       
  9. CONFIDENTIAL INFORMATION; NON-CIRCUhttps://bittxn.netENTION
     
    • 9.1 Confidentiality. During the term of these T&C and for a period of 10 years after the termination thereof, each party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof that has been disclosed by one party to the other party during the term of these T&C. Proprietary information of https://bittxn.net includes, but is not limited to, the following aspects of https://bittxn.net: its Platform, software, employees, customers, affiliates, and service providers; intellectual property, functions, features, options, preferences, programming code, style, colours, layouts, “look and feel”, costs, profitability, statistics, data, and any other information in any way relating to https://bittxn.net or how https://bittxn.net conducts business. https://bittxn.net reserves its right to claim all damages caused by USER’s breach of duties.
    •  
    • 9.2 Non-circumvention. During the term of these T&C and for a period of 3 years after the termination thereof, USER agrees that neither USER nor any person under control or authority of USER shall, directly or indirectly circumvent or attempt to circumvNent https://bittxn.net to form or attempt to form any business relationship with any of https://bittxn.net’s employees, affiliates, or sub-licensees, or that harms, injures or diminishes https://bittxn.net and/or the benefits that https://bittxn.net might reasonably expect to enjoy pursuant to the rights granted to https://bittxn.net in these T&C.
    •  
  10. EXTERNAL LINKS
     
    • Uploaders may provide external hyperlinks to promote their Content, including without limitation ads or promotions, to other sites or platforms operated by third parties terminate. https://bittxn.net has no control over such websites and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. The presence of a link to a third-party site does not constitute or imply https://bittxn.net’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site. If you choose to access any third-party site, you do so at your own risk.
    •  
  11. MISCELLANEOUS
     
    • 11.1 Notices. USER may serve official notices to https://bittxn.net by sending an e-mail to: [email protected] https://bittxn.net may serve official notices to USER by sending an e-mail to the e-mail address on the USER’s account. https://bittxn.net may also serve official notices to USER through information posted on “notification” or “messaging” sections of the Platform. It is your responsibility to monitor and review the “notification” or “messaging” sections of your account. All notices shall be legally binding upon receipt.
    •  
    • 11.2 Jurisdiction and Applicable Law. Except where prohibited by consumer protection legislation or where otherwise prohibited, the validity, interpretation and enforceability of these T&C shall be governed by and construed in accordance with the laws of the United States applicable therein, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably agree that the courts of Montreal, Quebec shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&C or its subject matter or formation (including non-contractual disputes or claims). Notwithstanding the foregoing, when purchases are made by credit cards within the territory of the European Union, the legal jurisdiction governing these T&C shall be the same as the legal jurisdiction governing the contractual relationship between said credit card merchant and the USER.
    •  
    • 11.3 Language. If these T&C are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.
    •  
    • 11.4 Entire Agreement. These T&C set forth the entire agreement between the parties and supersedes all other written or oral agreements. If any provision of these T&C is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these T&C.
       
    • 11.5No Assignment. These T&C, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
    • 11.6No Other Limitations. Nothing herein shall be construed to limit or prevent either party’s abilities to conduct their respective business with respect to matters not specifically addressed under these T&C.
    • 11.7If you have any questions or complaints regarding these T&C or the Platform, please contact us at [email protected]



Terms of Services for Uploaders

Terms of Services for Uploaders

(last updated on November 27, 2018)

https://bittxn.net Inc. (hereafter “https://bittxn.net” as defined below) operates and manages the Bittxn.net web Platform (as defined below) where independent content uploaders can upload, publish, broadcast, license, share and sell their original videos, tangible goods, offer services such as live streams or live chats to users. The Platform provides explicit adult entertainment and is only open to consenting adults.

YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT UNDER THE LAWS OF THE APPLICABLE JURISDICTION TO AGREE TO THESE TERMS OF SERVICES. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW.

WE DOT NOT TOLERATE ANY MATERIAL INVOLVING OR REPRESENTING MINORS, INCLUDING ANY VIRTUAL DEPICTION, AND HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY. WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE PERFORMERS OR MODELS APPEAR ON THE PLATFORM, AND WE WILL REPORT ANY UNLAWFUL ACTIVITIES.

These terms of services (hereinafter referred to as “TOS”) including our Privacy Policy, all https://bittxn.net’s rules, such as “Rules”, “Forbidden Words”, “DMCA”, “Billing”, and “Record Keeping Requirements”, found here (the “Platform Rules”) form the binding contract between https://bittxn.netVERSE Inc. and YOU (hereafter “UPLOADER” or “you”). If you do not agree to all of these Platform Rules, which shall form an integral part of the TOS as if they were recited at length herein, you may not use the Platform (as defined below) and should not proceed to create an account or otherwise use the Platform. By using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by all of these TOS, including all amendments made to them from time to time. https://bittxn.net reserves the right, at its sole discretion, to revise these TOS. You agree that all changes to the TOS are effective and enforceable upon posting. Further, you agree and understand that it is up to you to be knowledgeable and to periodically review all of these TOS to see if anything has changed. https://bittxn.net will not be liable for your neglect of your legal rights.

IF YOU DO NOT AGREE WITH THESE TOS, OR IF YOU DO NOT AGREE WITH ANY REVISED TOS, DO NOT USE THE PLATFORM.

  1. DEFINITIONS
    Where used in these TOS, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:
    • 1.1“Broadcast” shall encompass upload, publish, broadcast, share and offer Content, including Live streams;
    • 1.2″Content” shall mean, depending on the context in which it is used, original UPLOADER-generated content OR original Member-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time;
    • 1.3“Live Streams” shall mean sessions organised by UPLOADERS during which Content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility to have two-ways camera sessions;
    • 1.4″Member(s)” shall mean the registered individuals using the Platform for their personal use, also called “https://bittxn.net Member(s)”, at the exclusion of UPLOADERS. For more clarity, all Members are Users, but not all Users are Members;
    • 1.5″https://bittxn.net” as well as all first-person pronouns (such as “we”, “us” “our”, “ours”), shall refer to https://bittxn.net Inc., https://bittxn.net operates and manages the Platform, and acts as an intermediary between UPLOADERS, and using the Platform, as well as to permit UPLOADERS and Members to interact on the Platform;
    • 1.6″Net Proceeds” shall mean the amount of money charged to a given User for accessing Content, minus any refunds or charge-backs, or other similar reimbursement made on such Content licensed or sold as well as in some specific cases of fraud;
    • 1.7″Platform” shall refer to the hosting service operated and managed by https://bittxn.net, available at WWW.https://bittxn.net.NET(and including all of its subdomains, any predecessor or successor domain or URL), where UPLOADERS can Broadcast, license and sell their Content using the tools and features provided by such Platform, as well as where Users using the Platform can view and post Content (except Live streams), and where UPLOADERS and Members can interact online;
    • 1.8″TOS” means collectively these Terms of Service, means collectively these terms of service, our Privacy Policy as well as all Platform Rules, and all instruments and assurances in amendment or confirmation of them. “hereof”, “herein”, “hereto” and “hereunder” and similar expressions mean and refer to these TOS;
    • 1.9″UPLOADER(S)”, as well as all second-person pronouns (such as “you”, “your”, “yours”) shall refer to the independent models, performers and other content producers or studios, registered as such with https://bittxn.net, and Broadcasting their original Content onto the Platform for private use by the Users; and
    • 1.10″User(s)” shall mean the individuals using the Platform for their personal use, at the exclusion of UPLOADERS.
  2. GENERAL TERMS
    • 2.1These TOS govern your rights and responsibilities in connection with the Platform, and is a binding contract between you and us (and not between you or us and any of the Users). We encourage you to read them carefully and periodically.
    • 2.2Subject to Section 4.2, and subject to your compliance with all of these TOS, https://bittxn.net hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the Platform solely for personal purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
    • 2.3The Platform gives you the ability to Broadcast, license and sell your Content, conditional previews and picture galleries, to the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to the payment of a service fee, as well as to interact online with Members and offer Live streams. All Content accessible or sold through the Platform is to be accessible or sold to Users for private use only. You understand and agree that, as a service provider, https://bittxn.net is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. https://bittxn.net does not endorse any Content or submission, and expressly disclaims any and all liability in connection with Content or submission. You should use the Platform only in accordance with your local laws and community standards; the Platform may not be accessed or used where prohibited by law.
    • 2.4You agree and understand that https://bittxn.net cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between Users and UPLOADERS outside of the Platform. Any information you choose to share remains your sole responsibility and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited. You agree to take all necessary precautions when interacting online with other Users and UPLOADERS. You also understand that we do not carry out any prior verification or any kind of criminal record check on our Users or UPLOADERS and thus we make no statement or warranty regarding our Users or UPLOADERS’ behaviour. Therefore, you agree to remain vigilant and take all necessary precautions when interacting with other Users or UPLOADERS on the Platform.
    • 2.5You agree and represent to only Broadcast Content that is original, and that you own, or are duly authorized to Broadcast, license and sell. Furthermore, any Content uploaded on the Platform shall also be compliant with https://bittxn.net’s Upload Rules. We reserve the undisputed right to remove any non-compliant uploaded Content at any time, without prior notice to you.
    • 2.6For the purposes of these TOS, an UPLOADER is understood to be solely an independent contractor, and in no way should an UPLOADER be considered employee, agent or partner of https://bittxn.net. UPLOADER acknowledges and agrees that nothing in these TOS shall be construed as creating any agency, employment relationship, joint or collaborative venture or partnership of any kind between UPLOADER and https://bittxn.net, its employees, agents or assigns. Furthermore, UPLOADER acknowledges and agrees that https://bittxn.net has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content Broadcast by UPLOADER through the Platform. UPLOADER understands and agrees that Live streams may be monitored and/or recorded by https://bittxn.net in accordance with its privacy policy. Please review our privacy policy here.
    •  



DMCA Notice & Takedown Policy & Procedure

DMCA Notice & Takedown Policy & Procedure

This Website (the “Website”) observes and complies with the Digital Millennium Copyright Act (the “DMCA”) and it is expected that our users and members to do the same. Under the DMCA, the Website qualifies as a “Service Provider” as defined in 17 U.S.C. §512(k)(1) of said Act. As such, the Website is entitled to assert certain protections from claims of copyright infringement, commonly referred to as the “safe harbour” provisions. As a mean to further the protection and respect of intellectual property rights, the Website has adopted the following Notice and Takedown Policy and Procedure (the “Policy”) relating to claims of copyright infringement concerning content linked to by the Website.

Notice of Claimed Infringement

If you are a copyright owner (or of any exclusive right under the copyright) or are authorized to act on behalf of such person, and believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (listed below), in a written communication, with the following information:

  1. i) your electronic or physical signature;
  2. ii) your address, telephone number, and email address at which you may be reached;

iii) the description of your copyrighted work or other intellectual property that is claimed to be infringed;

  1. iv) the description of where the material that is claimed to be infringing is located on the Website (preferably including the specific URL at which the allegedly infringing material appears);
  2. v) your statement outlining that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  3. vi) your statement, made under penalty of perjury, that the above information in the notification is accurate and that you are the copyright owner (or of any exclusive right under the copyright) or are authorized to act on behalf of such person.

Please note that a copy of this legal notification might be forwarded to the person who provided the allegedly infringing material.

Email: [email protected]

Legal Liability

You may be liable for damages, court costs and attorney’s fees, in case of abuse of the above notification of claimed infringement or misrepresentation of facts relating to such notification.

Modifications to Policy

The Website reserves the right, at its sole discretion, to revise this Policy, you agree and understand that it is up to you to be knowledgeable and to periodically review the Policy to see if anything has changed. The Website will not be liable for your neglect of your legal rights.

No waiver

The Website has not waived, is not waiving and has not presented intention of waiving any right or legal protection by this Policy.

For more information regarding takedown legal requirements, visit https://www.copyright.gov/

18 USC § 2257 - Record keeping requirements
18 USC § 2257 – Record keeping requirements

This service is an interactive computer service as defined under 47 U.S.C. § 230(f), as well as an Internet access service as defined under 47 U.S.C. § 231(e), that is statutorily exempt from being considered a producer under 18 U.S.C. § 2257(h)(2)(B).

All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions.

With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. Please direct questions pertaining to content on this website to: [email protected]

The original records required pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for materials contained in the website are kept by the appropriate Custodian of Records