Conditions for uploaders / performer creators / creators
Terms of Use:
(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.
These terms of services, including our privacy policy and upload rules ”,“ content rules ”,“ billing ”and“ requirements for the retention of records ”, which can be found on Datpunkt.com, form the binding contract between Datpunkt.com and YOU (hereinafter " actor " or " you " " ). If you do not agree to all of these Platform Rules, which form an integral part of the Terms of Use, as if they were recited in detail herein, you must not use the Platform and should not create an account or otherwise use the Platform. By using the Platform, you show your willingness and confirm that you agree to be bound by all of these Terms of Use, including any changes that may be made to them from time to time. Datpunkt.com reserves the right to revise these terms and conditions at its own discretion. You agree that all changes to the Terms of Use will be effective and enforceable upon posting. In addition, you agree and understand that it is up to you Be knowledgeable and periodically review all of these Terms of Use to see if anything has changed. Datpunkt.com is not liable for your violation of your statutory rights.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR IF YOU DO NOT AGREE TO THE REVISED TERMS AND CONDITIONS, DO NOT USE THE PLATFORM.
1. DEFINITIONS
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;
These terms of use, our data protection guidelines as well as all platform rules and all instruments and insurances in the amendment or confirmation of them. “Hereof”, “here”, “for this”, “below” and similar expressions mean and relate to these terms and conditions;
“ 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.
For the purposes of these terms and conditions, an UPLOADER is to be understood exclusively as an independent contractor and should in no way be viewed as an employee, representative or partner of Datpunkt.com. UPLOADER acknowledges and agrees that nothing in these Terms of Use should be interpreted in such a way that an agency, an employment relationship, a joint venture or cooperation venture or a partnership of any kind is established between UPLOADER and Datpunkt.com, its employees, representatives or agents. In addition, UPLOADER acknowledges and agrees that Datpunkt.com has no direct or indirect control over the monitoring, monitoring, prior approval or review of the content uploaded by UPLOADER through the platform. UPLOADER understands and agrees that live streams from Datpunkt.
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.
3.4 Live - livestream upload . If you use the Datpunkt.com Live feature, you will only upload live stream sessions. Uploading pre-recorded content is dishonest to users and will result in the immediate termination of your Datpunkt.com Live session. Repeated breach may result in the termination of your account in accordance with these Terms of Use.
3.5 License to Your Content. By using the platform, you remain in control and legitimate ownership rights to your content and users are granted only the right to view, license or purchase your content. You agree and understand that Datpunkt.com may only use your content (alone or in combination with other works) for advertising or commercial purposes and to provide the services in accordance with these Terms of Use. Therefore, you hereby grant Datpunkt.com a perpetual, perpetual, royalty-free, worldwide, nonexclusive, irrevocable and transferable license to execute, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works, adapt, translate, transfer, arrange, modify, change, sublicense, export, host, make available or otherwise use, alone or in combination with other works, including but not limited to text, data, images, photographs, illustrations, animations, graphics, videos, audio segments or hypertext links using any technology whether known now or known later. You hereby waive any "moral rights" or similar rights in and to the content in favor of Datpunkt.com and all under domains and subdomains and its permitted adopters and sub-licensees and agree that any other person (s) with such rights to and to the content in favor of Datpunkt.com waived these by Datpunkt.com and its approved adopters and sub-licensees. You hereby declare that you have the right to issue the above licenses and waivers. You hereby waive any "moral rights" or similar rights in and to the content in favor of Datpunkt.com and all under Domains and its permissible adopters and sub-licensees and agree that any other person (s) with such rights in and to the Content in favor of Datpunkt.com waived this by Datpunkt.com and its approved adopters and sub-licensees. You hereby declare that you have the right to issue the above licenses and waivers. You hereby waive any "moral rights" or similar rights in and to the content in favor of Datpunkt.com and its authorized adopters and sub-licensees and agree to that any other person (s) with such rights to and to the content in favor of Datpunkt.com waives them by Datpunkt.com and its approved adopters and sub-licensees. You hereby declare that you have the right to issue the above licenses and waivers.
3.6 Account photo . You agree and understand that your account profile photo, picture, or avatar must be secure, acceptable to a public audience and not contain any sexually explicit content, such as full or partial nudity, simulated or other sexual activity. If you use a photo that is not acceptable to a public audience, Datpunkt.com can remove that photo. Repeated breach may result in the termination of your account in accordance with these Terms of Use.
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.
UPLOADERS acknowledge that deactivated Datpunkt.com accounts may be held for analytical and legal purposes in accordance with our privacy policy . The account will no longer be available on the platform. UPLOADERS wishing to have their accounts removed from the servers must make a specific request by contacting Datpunkt.com at support@datpunkt.com to contact .
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.
3.10 2257 regulations. You agree and understand that it is your obligation to provide us with valid documentation in accordance with 18 USC § 2257 Record Keeping Requirements (the "2257 Regulations") upon request. The original records required by 18 USC Section 2257 and 28 CFR 75 for the materials contained on the Platform are securely held by the relevant custodian. Notwithstanding the foregoing or otherwise, you understand and acknowledge that Datpunkt.com does not act as a “manufacturer” within the meaning of 2257 regulations, but you are obliged and it is your responsibility to create and keep the necessary records in accordance with the 2257 regulations, including those of other people who appear on your content. You must continue to retain the originals of these records in the manner and for the duration of these Terms of Use plus a period of seven (7) years or the length of time required by law, whichever is longer. Datpunkt.com can request a copy of your 2257 regulatory documentation at any time and for any reason. If you are unable to provide Datpunkt.com with the requested documents, your account may be terminated and all income forfeited. com may request a copy of your 2257 regulations documentation at any time and for any reason. If you are unable to provide Datpunkt.com with the requested documents, your account may be terminated and all income forfeited. com may request a copy of your 2257 regulations documentation at any time and for any reason. If you are unable to provide Datpunkt.com with the requested documents, your account may be terminated and all income forfeited.
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.
4.2 Service Fees . There are no costs for joining Datpunkt.com. Compensation to Datpunkt.com for your use of the platform is calculated based on the net revenue generated from your content sold to users. For the duration of these Terms of Use, Datpunkt.com will retain its service fees from the net proceeds of content that you sell to users through the platform. There is a payout rate of 50% for all gross income from video and picture sales, tips, inbox etc. .com is a platform on which our performers can be successful. This is in addition to everything we do to ensure that Datpunkt.com is as intuitive, secure and user-friendly as possible. The remaining percentage is used for payment processing, chargebacks, server costs, new feature implementation, research and development, and more. We take care of all of these technical aspects so you can focus on creating great content.
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 support@datpunkt.com, 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
They understand that the platform is an evolving technology and concept. As long as Datpunkt.com continues to grant you access to the platform, the platform can be updated, improved and expanded. As a result, we allow you access to the platform as it is present and available on a particular day and have no further obligations, unless expressly stated in these Terms of Use. We may change, replace, deny access, suspend or discontinue the Platform in whole or in part only for you or for some or all of our UPLOADERS and users at our sole discretion. All of these changes will take effect when they are posted on the Platform or by direct notification to you, unless otherwise stated.
5.2 As an intermediary service provider, Datpunkt.com is not obliged to monitor, regulate or monitor content; However, we reserve the right to do so. We also reserve the right to reject, remove and / or discard content from the platform or to block your account in whole or in part with or without notice if we are of the opinion that you contradict these Terms of Use.
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,
5.6 Compensation. To the fullest extent permitted by law, you agree to defend, indemnify, and indemnify Datpunkt.com and the platform, the operator, its parents, subsidiaries and affiliates, their officers, directors, shareholders, employees and agents, server maintenance indemnify and hold harmless independent contractors, telecommunications providers, agents and contributors from and against all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to legal fees) arising from: (i) your use and access on the platform; (ii) your breach or breach of any portion of these Terms of Use; (iii) your violation or infringement of any third party rights, including but not limited to intellectual property, Ownership or privacy rights; or (iv) any allegation that any or all of your content has caused harm to any third party. This defense and indemnification obligation applies beyond these terms of use and your use of the platform. You also agree to defend, indemnify, hold harmless and defend and indemnify us if any third party is harmed by your unlawful acts or if we are required to defend against claims, including but not limited to criminal action a party. You agree to indemnify and hold harmless Datpunkt.com from any liability that might result from someone viewing your content. We will immediately notify you of any such claim or lawsuit, if necessary, and we may, in our sole discretion, decide (at your expense) to cooperate in defending any such claim or lawsuit. We reserve the right to take part in the defense of such a claim or the defense at our own expense and to choose our own legal counsel, but we are not obliged to do so. You understand and accept that no communication between you and any other UPLOADERS or users of the Platform is private, including, but not limited to, live streams and live chats. You hereby expressly release us and all other UPLOADERS or users of the platform from any liability for invasion of privacy, defamation, advertising, false light and related illicit acts in the event that your communications or profile are published. Nothing in this section is intended to limit the scope of releases and / or exemptions contained elsewhere in these Terms of Use. and related unauthorized acts in the event that your communications or profile are published. Nothing in this section is intended to limit the scope of releases and / or exemptions contained elsewhere in these Terms of Use. and related unauthorized acts in the event that your communications or profile are published. Nothing in this section is intended to limit the scope of releases and / or exemptions contained elsewhere in these Terms of Use.
6. REPRESENTATIONS AND WARRANTIES BY THE UPLOADERS
Representations and Warranties . As a major incentive for Datpunkt.com to comply with these Terms of Use, UPLOADER assures and guarantees:
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.
6.4 That UPLOADER has the unrestricted right during the term of these Terms of Use to upload, license and sell the content of UPLOADER in accordance with these Terms of Use and all other obligations, guarantees and compensations set out in these Terms and Conditions. UPLOADER is solely responsible for the transmission of content by UPLOADER;
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 the following actual and / or simulated actions are prohibited under these Terms of Use, are prohibited in connection with the uploading of content by UPLOADER and may not be included at any time in the content uploaded by UPLOADER: (i) any representation of a person that suggests or implies that that person is under the age of 18 (or under 21 in any place where the age of majority is not 18); (ii) any portrayal or portrayal of minors engaged in intimate physical behavior or sexual situations, including, but not limited to, suggestive nude portrayals, masturbation or sexual behavior, actual or pictured; (iii) actual or simulated representations or representations of any kind, that violates these Terms of Use, including any content that violates the Platform Rules, such as B. Illegal or unsafe activities;
6.9 Without limiting the generality of these Terms of Use, the following actual and / or simulated acts are also prohibited and prohibited in connection with live streams or any interaction with users under these Terms of Use: (i) impersonating anyone; (ii) soliciting money or any other form of consideration from users that is not expressly permitted under these Terms of Use; (iii) harassment, defamation, threat, excessive language or verbal abuse; (iv) displaying or sharing content that Datpunkt.com believes to be in conflict with these Terms of Use; (vi) uploading from a public location or creating the impression that UPLOADER is uploading from a public location; (vi) use of user information, to provide live sessions or receive payments outside of the platform; (vii) use or solicit information that could be used for unlawful purposes or encourage unlawful activity; (viii) posting or sharing information about users or other UPLOADERS; (ix) interruption of a live chat; or (x) recording live streams or live chats;
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;
6.16 The UPLOADER may not misrepresent any of the services provided by Datpunkt.com via the platform or make false or misleading statements to other persons about the services offered by Datpunkt.com via the platform or in accordance with these terms of use;
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
7.1 These Terms of Use apply from the date you start using the Platform and remain in effect for as long as you use the Platform. You can close your account at any time at your own discretion.
7.2 Datpunkt.com reserves the right to terminate these terms of use and your account at any time without giving reasons, with or without giving reasons. If we terminate your account for good cause, e.g. B. because you violate or violate these terms of use, you agree and understand that any amount due to you from Datpunkte.com will be forfeited.
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
9.1 Confidentiality. During the term of these Terms of Use and for a period of ten (10) years after their termination, each party will maintain and protect the confidentiality of all proprietary information and all physical and digital forms thereof provided by any party to the. were passed on to other parties during the term of these terms and conditions. Datpunkt.com's proprietary information includes, but is not limited to, the following aspects of platform, software, employees, customers, affiliates and service providers, intellectual property, functions, features, options, preferences, programming code, style, colors, layouts, “look and Feel ", costs, profitability, statistics, data and all other information relating to Datpunkt.com or the business of UPLOADER agrees,
9.2 Non-Circumvention . During the term of these Terms of Use and for a period of three (3) years after their termination, UPLOADER agrees that neither UPLOADER nor any person under the control or authority of UPLOADER will, directly or indirectly, circumvent or attempt to create or attempt to establish or attempt to enter into a business relationship with employees, affiliated companies or sub-licensees of Datpunkte.com, or that damages, violates or diminishes Datpunkt.com and / or the benefits that Datpunkt.com could expect in accordance with the rights granted to Datpunkt.com in these Terms and Conditions . UPLOADER agrees that the liquidated and conclusive damages arising from a breach of UPLOADER's obligations imposed by this non-circumvention agreement will be fifty thousand ($ 50,000,
10. EXTERNAL LINKS
10.1 Incoming external links . Subject to these Terms of Use, UPLOADERS may provide external hyperlinks that enter the Platform in order to promote their content, including but not limited to advertisements or promotions, on other websites or platforms operated by third parties, provided these websites or platforms are operated have general terms of service similar to these terms of use and do not promote, advertise, or facilitate prostitution in any way.
10.2 Outbound External Links . Subject to these Terms of Use, UPLOADERS may not post or mention any external hyperlinks emanating from the Platform from the Platform in their content, profiles or otherwise to the Platform, including, but not limited to, comments or messages, social posts, Datpunkt.com Live or Content titles or descriptions, unless specifically allowed. For the sake of clarity, UPLOADERS can provide or mention external hyperlinks to expressly permitted social media websites or hyperlinks on the platform.
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. MISCELLANEOUS
11.1 Notes . UPLOADER can deliver official notices to Datpunkt.com by sending an email to support@datpunkt.comsends. 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.
11.2 Place of jurisdiction and applicable law . These Terms of Use are governed by and construed in accordance with the laws of the province of Florida and the federal laws of the United States that apply therein; the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The UPLOADER and Datpunkte.com irrevocably agree that the courts of Florida, USA, have exclusive jurisdiction to settle disputes or claims arising out of or in connection with these Terms and Conditions or their subject matter or their emergence (including non-contractual disputes or Expectations). .
11.3 Language . If these Terms of Use are translated into any other language, it is for informational purposes only and the English language will prevail in the event of a conflict between the translated version and the English language version.
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.
11.5 No assignment . You may not transfer or assign these Terms of Use and all rights and licenses granted under them, but we can assign them without restriction.
11.6 No other restrictions . Nothing herein is intended to be construed as limiting or preventing the ability of UPLOADER or Datpunkt.com to conduct their respective business in relation to matters not specifically addressed in these Terms of Use.
11.7 Language selection . UPLOADER and Datpunkt.com have decided that these terms of use and all related documents will be written in English.
11.8 If you have any questions or complaints about these Terms of Use or the Platform, please contact us at support@datpunkt.com .
