Terms of Use – MyPrivateModel.com

Version: May 2019

Please read the following Terms of Use carefully, as they form the agreement between you, the performer, and us, the operator of MyPrivateModel.com

You must be at least 18 years old and the age of majority and legal consent in the jurisdiction in which you live or reside to agree to these terms. If you do not agree to these terms and conditions, you may not use the service, and should not proceed to register or otherwise use the service.

This is a contract between you and us (and not a contract between you and any of our users).

We offer you the ability to publish your user-generated content over MyPrivateModel.com. This user-generated content is to be sold for private use only. You are to be paid a commission based on the total revenue from the sale of your published user-generated content.

By accessing or using the Website in any manner, you are affirmatively agreeing to be bound by these Terms of Services and our Privacy Policy found here.

 

1. Scope

1.1 MyPrivateModel.com and all connected functions and services are provided by TM Media, Wilmersdorfer Str. 122-123, 10627 Berlin.

1.2 These terms of use regulate the use of MyPrivateVideo.com and all offered products and services on any platform as a performer.

 

2. Registration and account

2.1 In order to use all functions and services offered by MyPrivateModel.com as a performer, a registration is necessary. The registration can be made via the homepage and is valid for all platforms. Registration is free of charge.

2.2 In order to register a performer account, performers must be over 18 years of age and need to verify their age by appropriate measures provided by MyPrivateModel.com.

2.3 MyPrivateModel.com reserves the right to exclude any performer and delete the account, if there are reasons to assume, that the account is used by persons under the age of 18.

2.4 In the registration process, performers are asked to provide a user name, an address, their date of birth and their email address. Every user accepts these terms of use with the use of the services.

2.5 The performer assures that all details provided in the registration process – especially email address, address and date of birth – are accurate. Any changes must be submitted to MyPrivateModel.com immediately and changed accordingly in the member area. MyPrivateModel.com reserves the right to reject incomplete registrations and delete accounts with insufficient details.

2.6 The personal access to the member area is secured by a password that can be chosen by the performer. Every performer is responsible for the choice and safekeeping of the password. MyPrivateModel.com can’t be held responsible in the case of misuse by third parties.

2.7 There is no legal entitlement for registration.

 

3. Use of MyPrivateModel.com as performer

3.1 MyPrivateModel.com offers the possibility to upload content to the platform. In order to be granted access to uploaded content, users pay a subscription fee. Performers receive a share of those revenues.

3.2 MyPrivateModel.com provides the technical platform. The responsibility for the necessary equipment for the creation of content and the performance of interactions lies solely with the performer.

3.3 The performer is solely responsible for the content and the interactions themselves, in particular to ensure that no forbidden material is uploaded.

3.4 The performer assures that

  • No one has solicited their involvement with the Website on the promise of compensation for the provision of sexual gratification. Their choice to participate in the Website community is a manifestation of their interest in sexual matters which, they believe, is both healthy and normal and which, in their experience, is generally shared by average adults in their community;
  • they are familiar with the standards in their community regarding the acceptance of such sexually oriented materials, and the materials they expect to encounter are within those standards;
  • In their judgment, the average adult in their community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
  • It is their desire to share and/or to invite others to share their own private and personal behaviours and to comment, rate, criticize, organize and recommend based on what they are exposed to by utilizing the online services provided by them, while inviting others to do the same.
  • MyPrivateModel.com reserves the right to take down or delete at any time without giving reasons, especially if they violate these terms or applicable law.

 

4. Copyright

4.1 Performers who upload material to com grant a worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, modify, delete from, add to, publicly display, reproduce, distribute, prepare derivative works of display, and perform the uploaded material and to promote and redistribute part or all of the material (and derivative works thereof) in any media formats and through any media channels.

4.2 The performer who uploads material declares, that they possess all necessary licenses and/or approvals.

4.3 If other people apart from the performer are depicted in any of the uploaded material, who are not only coincidentally portrayed in a public place like an assembly, elevator or similar locations, the performer assures that these people agree with the publication.

 

5. Prohibited content

5.1 A non-exhaustive list of content that is illegal or prohibited includes content that:

  • Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking Performer (e., someone who looks younger than 18, regardless of their actual age) or by a Performer who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, setting or props;
  • Depicts animated or cartoon underage or child sex;
  • Exploits or solicits personal information from anyone under 18;
  • Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;
  • Discusses or arranges dating, prostitution or escort services;
  • Depicts “scat”, human feces, human defecation, vomit, or the consumption of matter intended to look like feces or vomitus;
  • Provides content involving the impersonation of another, the threat of suicide or harm to oneself or others, bestiality (sex, actual or pretend, with animals) or necrophilia (sex, actual or pretend, with a corpse);
  • Harasses, bullies or invades the privacy of another person;
  • Is patently offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm against any individual or group;
  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Depicts the illegal use of a gun, or drugs, or rape, real or simulated, or any other coerced sexual conduct. If you cannot do it without committing a crime, do not pretend to do it;
  • Depicts violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
  • Shows any person who appears to be unconscious, under the influence of drugs or alcohol;
  • Promotes illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself in any way;
  • Promotes an illegal or unauthorized copy of another’s copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • Involves transmission of “junk mail”, “chain letters” or unsolicited commercial email or “spam”;
  • Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • Involves sending advertisements in chat or instant messaging messages;
  • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • Includes any file or data stream that contains viruses, worms, ‘Trojan horses’ or any other destructive features.

5.2 The performer agrees that MyPrivateModel.com may review complaints about uploaded content and take action upon such complaints at its sole discretion. This includes deleting the content and cancelling the account.

5.3 MyPrivateModel.com reserves the right to contact Police, criminal prosecutor or other authorities.

 

6. Exemption from claims by third parties

Performers will indemnify MyPrivateModel.com from all claims by third parties that are brought forward because of content that has been uploaded and offered by the performer.

 

7. Commission and payment

7.1 MyPrivateModel.com will use 20% of all net revenues as a flat sum for all overhead cost like server maintenance, payment fees etc.

7.2 80% of the remaining revenue (‘profit’) will be paid out to the performer, 20% belong to MyPrivateVideo.com. Payment will be made monthly.

7.3 Performers will have access to an overview of the revenues in their member area. They will receive monthly a statement that can be downloaded from the member area.

7.4 Payment will follow within 7 business days after the 5th day of the month (or after the next business day if the 5th day is not a business day); provided, however, that payment will be made only when the minimum payout, based on net income, of €50.00 has been reached. Any amount below €50.00 will be carried over until the minimum payout has been reached and will be paid on the next following payment date. If performer provides incorrect payment details, any fees for chargebacks resulting from such incorrect payment details will be offset against any amounts otherwise payable to the performer.

7.5 The performer shall solely be liable for the proper payment of taxes and fees.

 

9. Service Access to MyPrivateModel.com

9.1 MyPrivateModel.com always tries to ensure that the website is normally available 24 hours a day, but shall not be liable if -for any reason- the Site is unavailable at any time or for any period.

9.2 Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

10. Liability

10.1 MyPrivateModel.com is not liable for personal, financial or other damages resulting from loss of use, data or profits.

10.2 MyPrivateModel.com is liable without limitation for all damage caused by intentional or gross negligent breach of duty by MyPrivateModel.com or one of its legal representatives or vicarious agents and for all damages from injury to life, body or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects.

 

11. Cancellation

11.1 Both performer and MyPrivateModel.com can cancel the agreement without giving reasons with a three-month notice period. Cancellation has to be transmitted via email.

11.2 Balances will be paid out on the next normal payday, as long as it reaches the minimum payout. Otherwise the balance will remain with MyPrivateModel.com

11.3 User subscriptions that outlast the notice period and have peen pre-paid, have to be reimbursed by MyPrivateModel.com. MyPrivateModel.com is therefore entitled to claim pre-paid revenues from the performer or to settle the amount with existing balances.

11.4 In the case of cancellation, com is entitled to save the uploaded content so that users of MyPrivateModel.com, who purchased access to this content, will continue to be able to access the content. Other than that, MyPrivateModel.com will cease all sale, marketing and promotion of the performer’s content and will use all commercially reasonable efforts to remove any and all marketing materials related to the performer or their content from MyPrivateModel.com or other websites. However, and for the avoidance of doubt, MyPrivateModel.com is only able and will only be obliged to remove such marketing materials from websites that MyPrivateModel.com controls.

 

12. Assignment

MyPrivateModel.com reserves the right to assign this agreement, in whole or in part, at any time without notice. The performer is entitled to cancel the contractual relationship in such a case.

 

13. Final provisions

13.1 These Terms of Use shall be governed by and construed in accordance with the laws of Germany, excluding international private law and excluding the United Nations Convention on Contracts for the International Sale of Goods.

13.2 MyPrivateModel.com reserves the right to modify any of these Terms of Use at any time, in its sole discretion by posting the new version of the Terms of Use. The user’s continued participation under the modified version of the Terms of Use will be deemed binding acceptance of the modifications. The right to cancellation according to clause 10 remains unaffected.

13.3 If a provision of these Terms of Use is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.