Conditions for uploaders / performer creators / creators
(last update October 2021)
Datpunkt.com operates and manages on Datpunkt.com and sub-sites on which independent content uploaders can upload, publish, send, license, share and sell their original videos and material goods and offer users services such as live streams or live chats. The platform offers explicit entertainment for adults and is only open to consenting adults.
YOU MUST BE AT LEAST 18 YEARS OF AGE, AMOUNT OF VALUE AND MUST AGREE ACCORDING TO THE LAWS OF APPLICABLE JURISDICTION TO AGREE TO THESE SERVICE TERMS. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW.
WE DO NOT TOLERATE ANY MATERIALS CONCERNING OR REPRESENTING MINORS, INCLUDING VIRTUAL REPRESENTATIONS, AND HAVE A ZERO TOLERANCE POLICY WITH REGARD TO PEDOPHILIANS, PEDDICASTS OR ANY PEDEDOPHILIANS, PEDESTRIANS, PEDIATORS. WE ARE TAKING GREAT MEASURES TO ENSURE THAT MINORS DO NOT APPEAR ON THE PLATFORM AND WE WILL REPORT ANY ILLEGAL ACTIVITY.
When used in these Terms and Conditions, the following terms have the following meanings, unless the context or subject matter contradicts them:
" Content " is Original UPLOADER-Generated Content OR Original Member-Generated Content (or both) depending on the context in which it is used. Content includes images, videos (recorded or live-streamed) and other materials, including but not limited to text, images, graphics, data, audio, messages (including online chat), live streams, comments, memberships, tips, Contests, sweepstakes, crowdfunding initiatives and material goods that are made available, sold, offered or published from time to time by UPLOADERS or members on the platform;
1.2 " Live Streams " means sessions organized by UPLOADERS in which content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility of two-way camera sessions;
1.3 “ Member (s) ” means the registered persons who use the platform for their personal use, with the exception of UPLOADERS. For the sake of clarity, all members are users, but not all users are members;
Datpunkt.com acts as an intermediary between UPLOADERS / performers and users who use the platform and allows UPLOADERS and members to interact on the platform;
1.4 " Net Proceeds " means the amount of money billed to a particular User for accessing Content, less any refunds, chargebacks, other similar refunds made on such Licensed or sold Content, and any losses due to fraudulent activity;
1.5 " Platform " refers to the hosting service operated and managed by Datpunkt.com, which is available at www.datpunkt.com (including all of its subdomains and all predecessor or successor domains or URLs) where UPLOADERS upload and license their content may sell and sell content using the tools and features provided by this platform, where users using the platform can view and publish content (with the exception of certain types of content) and where UPLOADERS and members can interact online;
“ Uploading ” includes uploading, posting, sending, sharing and offering content, including live streams;
1.8 " UPLOADER (S) " and all second person pronouns (such as "you", "your", "your") refer to the independent models, performers and other content producers or studios registered as being those with a datapoint. com and uploading their original content to the platform for the private use of users; and
1.9 " User " means the people who use the Platform for their own personal use, with the exception of UPLOADERS.
2. GENERAL CONDITIONS
2.1 These terms and conditions regulate your rights and obligations in connection with the platform and are a binding contract between you and us (and not between you and one of the users or between us and one of the users). We encourage you to read them carefully and regularly.
2.2 Subject to your compliance with all of these terms and conditions, Datpunkt.com hereby grants you a free, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the platform exclusively for personal purposes. This is a license to use and access the platform for its intended purpose and not a transfer of ownership.
2.3 The Platform gives you the opportunity to upload, license and sell your content (including videos, images, store items, services and subscriptions) as well as to interact with members online and offer live streams. All content accessible or sold through the platform may only be accessible or sold to users for private use. You understand and agree that Datpunkt.com, as a service provider, only acts as an intermediary and is not held responsible for the activities you carry out through the platform. Datpunkt.com does not endorse any content or submissions and expressly rejects any liability in connection with content or submissions. You should only use the platform in accordance with your local laws and community standards; The platform may not be accessed or used if this is prohibited by law.
You agree and understand that Datpunkt.com cannot guarantee the security or data protection of information that you provide via the Internet and the platform. We strongly condemn any form of interaction between users and UPLOADERS outside the platform. All information that you share is your sole responsibility and at your own risk. The use of the platform for the purpose of illegal or illegal activities is prohibited. You agree to take all necessary precautions when interacting with users and other UPLOADERS online. You also understand that we do not conduct any prior verification or any type of criminal records check on our users or UPLOADERS and therefore make no representation or guarantee regarding the conduct of our users or UPLOADERS. Because of this,
2.5 You agree and agree to only upload original content that belongs to you or that you are authorized to upload, license and sell. In addition, all content uploaded to the platform must also comply with the upload rules of Datpunkt.com. We reserve the undisputed right to remove any non-compliant uploaded content at any time and without notice to you.
3. YOUR ACCOUNT
3.1 Registration. In order to access the platform as an UPLOADER and to upload, license and sell your content, you must first register by creating an UPLOADER account. You must choose a username that is unique to you, is not offensive to others and does not infringe the intellectual property of any third party (such as copyrights or trademarks), and a password. You will then be asked to complete your registration; To do this, you will need to fill out an online registration form that includes your legal name and date of birth. You will also be asked to provide government-issued ID. As soon as we have received your completed registration form, Datpunkt.com reserves the right to contact you, to confirm and / or receive additional information. Datpunkt.com reserves the right to refuse any account registration for any reason,
3.2 Confidentiality of Your Account. You agree and warrant that you will not disclose your account or login information, give anyone else access to your account, or do anything else that could compromise the security of your account. In the event that you become aware of a security breach or have a reasonable suspicion, including, but not limited to, loss, theft or unauthorized access or unauthorized disclosure of your login details, you must notify Datpunkt.com immediately and change your login details. You are solely responsible for maintaining the confidentiality of your login information, and you are responsible for all uses of your login information, including uploads, whether or not you have authorized them. You are responsible for all losses caused by the unauthorized use of your account. Datpunkt.com is not liable for your losses caused by unauthorized use of your account, and you hereby expressly waive such claims and agree to defend Datpunkt.com against such third-party claims. In short, you are responsible for everything that happens through your account.
3.3 Content Uploaded to Your Account. You are solely responsible for all content uploaded through your account, including any personalization of your profile, all posts on your wall, all live streams and messages. You must evaluate your use of the platform and your content and bear all associated risks. You will not upload any content that could be classified as illegal, involve or show minors, or that is simply not allowed by us, including content that violates the upload rules. In addition, you agree not to upload any content that violates the intellectual property rights of any third party or the privacy of any other person. This includes, but is not limited to, copyrighted background music and / or video content, appearing in uploaded content - any music or video used in content must either be royalty-free or the UPLOADER must ensure that the appropriate fees have been paid. You must have obtained the express consent of each person depicted or depicted in the content you upload, and you hereby expressly represent and warrant that you have received such consent. You understand and agree that your profile and your uploaded content may be visible or searchable for other UPLOADERS or users of the platform through the platform itself. In addition, you acknowledge and agree that your profile and your uploaded content can be searched by publicly accessible search engines or third-party internet archives; If you would like your profile and / or your uploaded content to be completely or partially removed from the publicly accessible search engines or internet archives, it is your sole responsibility to do so and to submit such removal requests to the relevant search engine operator. In the event that UPLOADER has shared the UPLOADER's account or login information with another uploader in accordance with a separate agreement, UPLOADER hereby expressly waives any claims and / or damage that may arise from such an agreement with this other uploader, and hereby undertakes to defend Datpunkt.com, to hold it harmless and to indemnify it against all claims and / or damage that may result from such joint access. Without limiting the foregoing, UPLOADER undertakes at all times to hold Datpunkt.com harmless in relation to all activities that take place via the account access of the UPLOADER. in connection with or not with content that has been uploaded to the UPLOADER account or a payment made by Datpunkte.com in accordance with specific payment instructions that Datpunkte.com has received under such a separate agreement between UPLOADER and another uploader . The UPLOADER acknowledges that UPLOADER, should it authorize / instruct Datpunkt.com to pay amounts due to another beneficiary, will not have any recourse claims against Datpunkt.com in relation to such an amount as soon as it has been paid to the named payee. It is the sole responsibility of UPLOADER to To inform Datpunkt.com in writing of the termination of such a separate agreement. should it authorize / instruct Datpunkt.com to pay amounts due to another beneficiary, UPLOADER has no recourse claims against Datpunkt.com with regard to such an amount that has been paid once to the named payee. It is the sole responsibility of UPLOADER to inform Datpunkt.com in writing of the termination of such a separate agreement. should it authorize / instruct Datpunkt.com to pay amounts due to another beneficiary, UPLOADER has no recourse claims against Datpunkt.com with regard to such an amount that has been paid once to the named payee. It is the sole responsibility of UPLOADER, datapoint.
In order to protect minors and prevent illegal content from being uploaded, Datpunkt.com reserves the right to regularly check all content uploaded on the platform for the presence of minors. All content believed to contain minors will be removed immediately and reported to the relevant authorities and the UPLOADER will be prohibited from using the platform.
3.7 Linking Your Account to Social Media . The Platform may provide functions to link or post to your account, and only your account, on various social media or third party social networking sites (“Third Party Sites”). If you choose to do so, you agree to this and acknowledge that you bear all risks that might arise from such a link. By linking your account or posting content on a third party site, you hereby acknowledge and acknowledge that Datpunkt.com has no control over that third party site and that it is your sole responsibility to ensure that you understand it , agree to and comply with third party website terms and conditions.
3.8 Content and Closure of Your Account . If you choose to close your account, which you can do at any time, all of your content will be removed except as noted below. If you delete your account or remove content from your account, that content will no longer be displayed on the platform for resale or licensing, but will remain in the account of the member who purchased the content. As for the membership that UPLOADER grants to a member, once that membership expires, that membership will end and all related content will be removed.
3.9 Prohibitions. You agree not to: attempt to inhibit the sale or activity of any other UPLOADER using the Platform; Engage in activities that Datpunkt.com deems inappropriate or contrary to the spirit or intent of the Platform; use the platform inappropriately; use the platform to engage in any form of harassment, prostitution, sex trafficking, other illegal or abusive behavior or to publish or share defamatory, insulting, slanderous or slanderous statements; attempt to gain unauthorized access to the Platform in any way, including, but not limited to, bypassing or modifying or attempting to bypass or modify any technology, device, security or software, the part of the platform; disrupt, disrupt, overload or assist in the interruption of the platform or our servers; this includes, but is not limited to, any type of attack, virus distribution, or other attempt to disrupt the Platform or any other person's use of the Platform; Modify, reverse engineer, reassemble, decompile, or hack any software application or any related tool or utility used by the Platform; sell or advertise forbidden items on the Platform (see Section 6.14); or otherwise violate any applicable law or regulation, or promote or facilitate such violation. this includes, but is not limited to, any type of attack, virus distribution, or other attempt to disrupt the Platform or any other person's use of the Platform; Modify, reverse engineer, reassemble, decompile, or hack any software application or any related tool or utility used by the Platform; sell or advertise forbidden items on the Platform (see Section 6.14); or otherwise violate any applicable law or regulation, or promote or facilitate such violation. this includes, but is not limited to, any type of attack, virus distribution, or other attempt to disrupt the Platform or any other person's use of the Platform; Modify, reverse engineer, reassemble, decompile, or hack any software application or any related tool or utility used by the Platform; sell or advertise forbidden items on the Platform (see Section 6.14); or otherwise violate any applicable law or regulation, or promote or facilitate such violation. Modify, reverse engineer, reassemble, decompile, or hack any software application or any related tool or utility used by the Platform; sell or advertise forbidden items on the Platform (see Section 6.14); or otherwise violate any applicable law or regulation, or promote or facilitate such violation. Modify, reverse engineer, reassemble, decompile, or hack any software application or any related tool or utility used by the Platform; sell or advertise forbidden items on the Platform (see Section 6.14); or otherwise violate any applicable law or regulation, or promote or facilitate such violation.
3.11 Reporting pornography involving minors . Datpunkt.com is committed to working with all law enforcement agencies that investigate child pornography and to comply with all applicable laws regarding the reporting of pornography involving minors. We ask and encourage you to report directly to us and the authorities any illegal activities involving minors. Your report must contain all appropriate evidence, including the content identified and the time and date of identification. All reports are taken seriously and investigated immediately.
3.12 Notice of Copyright Infringement . We support the protection of the intellectual property rights of copyright owners, so we respond to notices of suspected copyright infringement in accordance with our DMCA Notice and Deletion Policy and Procedure.
3.13 Issuing notices . By uploading content to the platform, you are agreeing to authorize Datpunkt.com to send notices of alleged infringement to third parties on your behalf for all instances of copyright infringement relating to your exclusive right to your content. Datpunkt.com may exercise the authority you grant in this section in its sole discretion if it detects instances of copyright infringement in your content, but Datpunkt.com is under no obligation and cannot be compelled by you or anyone to do so on your behalf act other party. Neither Datpunkt.com nor any of its agents accept any liability that may arise from the exercise of the rights granted in this section, and you hereby consent to Datpunkt.
3.14 Legal Process Agency . Notwithstanding clauses 2.2 and 3.5, UPLOADER assigns rights of representation to Datpunkt.com in order to be able to prosecute third parties who violate the copyright of UPLOADER at Datpunkt.com's discretion on behalf of UPLOADER. This agency must not be limited to content that has been permanently stolen from the platform.
3.15 Section 230 of the Communications Decency Act - 47 USC Section 230 Notice . You understand and recognize your responsibility to prevent minors under your care from accessing material that is explicit, harmful or otherwise inappropriate; You understand that no minor can have access to the content and you agree and guarantee to take responsible measures to prevent this. Parental controls (such as computer hardware, software, or filtering services) are commercially available and can help you restrict access to explicit, harmful, or otherwise inappropriate material for minors. You are hereby informed that you can research such services on websites such as, but not limited to: http://www.safesurfingkids.com/ ,http://www.safekids.com/internet-safety-organizations-sites/ and http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo . Datpunkt.com makes no representations or endorsements with respect to any products or information found on these third party websites and recommends that you exercise your own due diligence before installing an online filter. In addition, you agree that it is your sole responsibility to prevent any explicit, harmful or otherwise inappropriate material from being viewed, displayed or accessed by minors, to the exclusion of Datpunkt.com.
In Japan UPLOADER resident . UPLOADERS, who are Japanese citizens and uploading from Japan, acknowledge that they are solely responsible for staying informed and complying with Japanese laws, including but not limited to all legal censorship requirements. Datpunkt.com reserves the right to monitor content uploaded by Japanese UPLOADERS in Japan and to remove content that violates Japanese laws, even if the content does not violate the platform rules of Datpunkt.com.
4. SERVICE FEES; PRICING; PAYMENTS; COMPETITIONS
4.1 Content prices . Unless otherwise provided in the functionalities of the platform, the pricing for your content is at your sole discretion. Subject to the functionalities of the platform, you can change your content prices, always subject to Datpunkt's pricing policy, and remove all content you own at any time at your own discretion.
4.4 Subscriptions . The subscription prices are old fashioned. UPLOADER acknowledges that updates to subscription prices will not affect subscribed members and that such members will continue to be charged the original price until that member unsubscribes from the service. Any subscription purchased by a member under a promotional code or discounted rate will be re-billed at that rate until the member cancels that subscription to the service.
4.5 Payment options . Datpunkt.com offers UPLOADERS a variety of withdrawal options.
4.6 UPLOADER information . It is your responsibility to ensure that all of your payment information is complete and correct to avoid delays in payment processing and to notify us of any issues that may arise with payments. It is your responsibility to keep all of your information updated.
4.7 Taxes. It is the sole responsibility of UPLOADER to remit all applicable sales taxes to the relevant tax authorities. Notwithstanding the foregoing, Datpunkt.com can, if required by law, withhold sales taxes and pay them directly to the relevant tax authorities. In such cases, no sales tax will be paid to the UPLOADER. Notwithstanding anything to the contrary in these T & Cs, UPLOADER hereby undertakes to indemnify Datpunkt.com, its affiliates and its representatives from all claims by third parties, including tax authorities, with regard to sales taxes or withholding taxes thereof in relation to UPLOADER content purchased by users or licensed to them.
4.8 Currency . All amounts mentioned herein and all monetary transactions on the platform are in US dollars (USD). If available and at Datpunkt.com's sole discretion, payments can be made in the currency chosen by the UPLOADER or the currency of the UPLOADER's place of residence.
4.9 Adjustments . Datpunkt.com does not issue credits, refunds, or cashbacks for content purchased by users. Notwithstanding the foregoing, Datpunkt.com can, at its own discretion, adjust or deduct the amount to be transferred to UPLOADER or already transferred for payment at any time and without prior notice. If the payment has already been made to UPLOADER, Datpunkte.com will deduct this adjustment from the following amount to be transferred to UPLOADER. Adjustments may be made for any reason including, but not limited to, customer credits, refunds, fraud, corrupted content, grossly misleading or mislabeled content, or technical errors.
Payout Adjustments. In the event of a transfer error, Datpunkt.com can adjust the payout for the reissue of a new check and deduct a processing fee for the cancellation of checks. UPLOADER hereby agrees that Datpunkte.com may offset such administration fees, at Datpunkte.com's sole discretion, against any amount due to such UPLOADER.
4.11 E-Wallet Liability . If UPLOADER chooses to receive income through an e-wallet, UPLOADER acknowledges that once the funds have been sent from Datpunkt.com to the e-wallet payment processor, the liability for the payment transfers to the payment processor and UPLOADER will be responsible for that who have favourited funds from UPLOADER from the e-wallet payment processor. If there is any problem with receiving the funds, UPLOADER must contact the payment processor directly and Datpunkt.com assumes no involvement or liability in relation to the funds.
4.12 Account Inactivity . If UPLOADER's account is inactive without valid payout information (no login for three (3) consecutive months and no valid payout information), Datpunkt.com reserves the right to withhold all UPLOADER earnings. For a solution, UPLOADER must go to Datpunkt.com contact firstname.lastname@example.org, to confirm the identity and / or the valid withdrawal method.
4.13 Withdrawal - Closing Your Account . If you decide to close your account, which you can do at any time, Datpunkt.com will offset the amounts owed to you by Datpunkt.com and the amounts owed by you to Datpunkt.com. Datpunkt.com will not pay or attempt to pay UPLOADERS with a balance (after settlement) of less than fifty dollars (USD 50.00). By closing the account, UPLOADER expressly and irrevocably waives and forever waives any balance of less than fifty (USD 50.00) dollars (after settlement) on that account. For the sake of clarity, no credit will be reactivated or transferred for any reason, even if UPLOADER decides to reopen a closed account or to create a new one.
5. RESPONSIBILITY OF DISCLAIMER AND DISCLAIMER
5.3 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MARKET DISCLOSURE, DISCLAIMER, DISCLAIMER . UPLOADER HEREBY AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM BY UPLOADER; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF THE APPEARANCE ON THE PLATFORM, SUCH AS THE RISK OF RECORDS, PIRACY, SEXUAL DAMAGE, INFRINGEMENT, PUBLICITY INFRINGEMENT, PUBLICITY OR DATA.
5.4 DATEPUNKT.COM DOES NOT GUARANTEE THAT YOU WILL ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOICE, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED OR ANY OTHER VIRUS-FREE PLATFORM. DATEPUNKT.COM IS NOT RESPONSIBLE FOR FAILURE OF PERFORMANCE DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES THAT OUT OF OUR ANMÄSSIGEN CONTROL, INCLUDING, BUT NOT LIMITED TO HIGHER ACTS, FAILURE OF TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, COMPUTER SERVER OR SOFTWARE (INCLUDING THE OPERATING SYSTEM) , SERVER CHANGES OR UPGRADES OR CHANGES TO THE SERVICE PROVIDER, AS LONG AS SUCH EVENT CONTINUES TO DELAY THE PERFORMANCE OF THE PLATFORM.
5.5 TO THE EXTENT PERMITTED BY LAW, DATEPUNKT.COM (INCLUDING ITS LEADERS, DIRECTORS, EMPLOYEES AND REPRESENTATIVES) IS NOT LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR DAMAGES, SPECIAL, OTHERWISE OR DAMAGES, SPECIAL, OTHERWISE OR DIFFERENT CONDITIONS INTANGIBLE LOSSES (HOWEVER, THESE LOSSES ARE QUALIFIED) ARISING FROM THESE TERMS AND CONDITIONS OR THE PLATFORM ITSELF BASED ON THE CONTRACT, OR IN ANY WAY TO THE CONNECTIONS, OR ANY OTHER LEGALITY THAT MAY BE INFORMED OF. ANY LOSSES RESULTING FROM SUCH FAILURE WILL NOT BE RECOVERED. THE UPLOADER FURTHER AGREES THAT DATEPUNKT.COM'S ENTIRE LIABILITY FOR ANY CLAIMS FOR DAMAGES AGAINST DATEPUNKT.COM,
6. REPRESENTATIONS AND WARRANTIES BY THE UPLOADERS
6.1 That UPLOADER is mentally and physically healthy, acts of UPLOADER's own free will and fully understands the terms of these GTC and their legal implications;
6.2 This UPLOADER IS AT LEAST 18 YEARS OLD, VALUE AND THE LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU ARE, at the time of your first access to the platform and at the time of creating your Datpunkt.com UPLOADER account;
6.3 That UPLOADER has all rights, title and interests in the content that are sufficient to legally and completely upload, license or sell the content via the platform. This content may not infringe, violate or improperly use the rights of third parties, including, but not limited to, contracts, copyrights, trademark rights, publication rights, data protection rights, naming, image, voting or personal rights, or any similar rights.
6.5 That all content consists of lawful material, that the persons depicted in all content at the time of first participation in the creation of the subject matter of the content in which they are depicted, and that these persons have validly and legally consented to appear in the content . In addition, UPLOADER warrants and guarantees that all persons whose picture or voice appears in the content are properly registered with Datpunkt.com and that their identity has been verified by Datpunkt.com, and that UPLOADER has all required written consents, licenses, releases, Has obtained and provided permits and approvals, including to enable users to download such content, and waiver of moral rights in Datpunkt.com by any such person,
That UPLOADER has researched, understood and complied with all laws and legal restrictions in force in the jurisdiction in which UPLOADER is located (and where other UPLOADER or users are located, if applicable), particularly in dealing with matters including, but not limited to, Profanity, material harmful to minors and the creation of sexually explicit content, related record-keeping requirements, import and export control laws, false advertising, protection of privacy and personal data, anti-discrimination, intellectual property, illegal business advertising and restrictions of unsolicited commercial messages. You may not use the platform to request information that could be used for illegal purposes,
6.7 This UPLOADER is solely responsible for obtaining and maintaining all applicable consents, licenses and permits required to upload, license and sell content via the Platform. Without limiting the foregoing, you agree not to upload from public places or other locations from which uploading is prohibited under your local laws and community standards;
That all content fully complies with all requirements of the 2257 regulations (or similar applicable legislation), including, but not limited to, that UPLOADER owns and maintains age verification documentation in a form acceptable to Datpunkt.com and that UPLOADER has implemented and maintains a " Custodian of Records “within the meaning of 2257 Regulations;
6.11 The UPLOADER will use its best endeavors to fulfill the user's orders in a timely manner and to comply with the description of the order as accepted. You have the option to refuse any order at your own discretion. If an order is not delivered as accepted, this may lead to a refund by the user or a cancellation of the order, which will be offset against the income of UPLOADER, at Datpunkt.com's sole discretion;
6.12 This UPLOADER may not redirect or attempt to redirect transactions from other UPLOADERS or users of Datpunkt.com as long as this UPLOADER has an open account with Datpunkt.com and for a period of three (3) months after this account has been closed direct or indirect solicitation or otherwise to a competing website;
This UPLOADER may not, either directly, indirectly or in any other way, advertise or mention a brand that is not owned or controlled by such UPLOADER, with the exception of the personal brand (s) of this UPLOADER, neither on the platform nor in the UPLOADER's content. For the sake of clarity, UPLOADER may advertise or mention its own or controlled trademarks using watermarks;
6.14 That UPLOADER is not allowed to sell any prohibited items and such prohibited items on the Platform or otherwise advertise for the sale;
6.15 That UPLOADER or any of the employees, employees, employers, agents and affiliates of UPLOADER may under no circumstances request any personal or private information from a user, including but not limited to the users' real names, addresses, email addresses, Use social media accounts, accounts, billing or payment information, or usernames or passwords, in any way for a user for unfair personal gain or advantage, or consent to personal encounters;
This UPLOADER is solely responsible for compliance with all applicable laws and regulations in the jurisdiction in which he is resident, as well as all laws and regulations that apply to the platform and apply to the use of the platform by the UPLOADER. UPLOADER ensures at all times that they will comply with any additional conditions, guidelines or guidelines from Datpunkte.com.
6.18 This UPLOADER is solely responsible for compliance with the subtitling requirements of the Americans with Disabilities Act (ADA). UPLOADER acknowledges that if UPLOADER decides to upload content without subtitles, it will be solely liable in the event of legal action by a user, member, third party or other person.
7. TERM AND TERMINATION
Regardless of any provisions to the contrary, all rights granted by UPLOADER Datpunkt.com during the term of these Terms and Conditions remain after the termination of these Terms and Conditions by one of the parties.
8. BRANDS, SERVICE BRANDS, TRADE NAMES, COMMERCIAL APPAREL AND LOGOS
The brands, service marks, trade names, trade dress and logos ("Brands") contained or described on the Platform, as well as all brands associated with products available on the Platform, are the sole property of Datpunkt.com and / or its licensors and may may not be copied, imitated or used in any other way, in whole or in part, without the prior written consent of Datpunkt.com and / or its licensors. In addition, all page headings, user-defined graphics, button symbols and scripts are trademarks of Datpunkt.com and may not be copied, imitated or otherwise used in whole or in part without the prior written permission of Datpunkt.com. Datpunkt.com will enforce its intellectual property rights to the fullest extent possible by law.
9. CONFIDENTIAL INFORMATION; NON-REVERSAL
10. EXTERNAL LINKS
Datpunkt.com reserves the right to terminate your account immediately if Datpunkt.com suspects failure to comply with Section 10 above. Datpunkt.com has no control over external websites and is not responsible for their content, privacy policies or for the collection, use or disclosure of any information that these websites may collect.
11.1 Notes . UPLOADER can deliver official notices to Datpunkt.com by sending an email to email@example.com. Datpunkt.com can deliver official notices to the UPLOADER by sending an email to the email address in the UPLOADER's account. Datpunkt.com may also provide UPLOADER with official notices through information published in the "Notification" or "News" sections of the platform. It is your responsibility to monitor and review the "Notification" or "Messages" sections of your account. All communications are legally binding upon receipt.
11.4 Entire Agreement . These terms and conditions represent the entire agreement between the UPLOADER and Datpunkt.com and replace all other written or oral agreements. If a provision of these terms and conditions is invalid under applicable law, this provision is only ineffective to the extent that it is ineffective, without the remaining provisions of these terms and conditions becoming invalid.