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TERMS AND CONDITIONS

“The English version of the Terms of Service available at jerkmate.com shall prevail, to the maximum extent permitted by applicable law, over any translation of these Terms of Service. Any translation into a language other than English is available only as a courtesy to the user and does not affect any mandatory language requirements under applicable consumer-protection laws. However, nothing in this provision limits any mandatory consumer rights that apply to you under the laws of your country of residence within the European Union/EEA.”

By visiting our website or by using any of our Services, you are agreeing to be bound by all provisions stated in these Terms and Conditions. Please carefully read all provisions contained in these Terms and Conditions. They contain very important details and explanations regarding our strict policies and requirements concerning no minors; no prostitution or sex-trafficking; restrictions on uploading of Content; requirements to be a Member; prohibited conduct on our website; and other very important matters. If you do not agree to be bound by these Terms and Conditions, then you must leave our website now and not use our Services.

A. NO MINORS – ZERO TOLERANCE

OUR WEBSITE IS FOR ADULTS ONLY. WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE FOR ANY PERSON UNDER 18 YEARS OF AGE (OR BELOW THE AGE OF MAJORITY WHERE YOU LIVE OR VIEW OUR WEBSITE, WHICHEVER IS HIGHER) ACCESSING, USING, OR IN ANY WAY WHATSOEVER HAVING ANY INVOLVEMENT WITH OUR WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE (OR BELOW THE AGE OF MAJORITY WHERE YOU LIVE OR VIEW OUR WEBSITE), YOU MUST IMMEDIATELY LEAVE OUR WEBSITE NOW.

As discussed throughout these Terms and Conditions, we strictly prohibit our Services or our website from being used in any way whatsoever to engage in, participate in, assist, support, or facilitate any act in any way involving the actual or possible exploitation of children. This includes sharing or discussing child pornography of any type whatsoever on our website.

We also prohibit any discussion or reference whatsoever on our website in any way related to children or anyone under 18 years of age. This includes but is not limited to any type of roleplaying or other conduct which involves any person acting or posing as a person under 18 years of age. Also, as discussed in Section E and elsewhere in these Terms and Conditions, we strictly prohibit: (1) any minor or any other person from using the Member account of a different person; and (2) any minor or any other person from using the credit card of another person in purchasing our Services.

If you are aware or have any knowledge whatsoever of any action which is or may be a violation of any of these requirements or any action which would in any way relate to the actual or possible sexual exploitation of children, we request and strongly encourage you to report your knowledge directly to us at support@jerkmate.com. We regularly cooperate with any and all law enforcement agencies. We will not hesitate when appropriate to refer violations of these requirements to the appropriate law enforcement agencies, including but not limited to local law enforcement agencies, and/or Centres for Missing and Exploited Children. In addition, any person engaging in any type of the prohibited conduct discussed above or elsewhere in these Terms and Conditions will be blocked by us from ever using our website in the future. If a Member engages in any such prohibited conduct, the Member's account will be closed and the Member will be blocked from opening another account at any time in the future.

B. NO PROSTITUTION OR SEX TRAFFICKING

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE FOR OUR SERVICES BEING USED IN ANY WAY WHATSOEVER TO ENGAGE IN, PARTICIPATE IN, ASSIST, SUPPORT, OR FACILITATE ANY ACT OF PROSTITUTION, SEX TRAFFICKING OF CHILDREN, OR SEX TRAFFICKING BY FORCE, FRAUD, OR COERCION.

Without limiting the foregoing, you may not use our Services: (1) to exchange any personal contact information with one of our performers or to have any communication with one of our performers which would in any way result in any type of face-to-face meeting involving you and one of our performers; or (2) to discuss in any way with one of our performers any type of transaction whatsoever involving use of any other service or method of interfacing with one of our performers, such as use of any other Internet based service or product.

Any violation of these prohibitions will result in the immediate cancellation of your membership account with us, and you will be blocked from ever using our Services in the future. We will cooperate fully with any criminal investigation by any law enforcement agency of any type.

If you are aware or have any knowledge whatsoever of any action by any person which is or may be a violation of any of these requirements or any action by any person which in any way relates to the actual or possible sexual exploitation of a child or a minor, then we request and strongly encourage you to report any such knowledge directly to us at support@jerkmate.com. We will not hesitate when appropriate to report these actions or facts to the appropriate law enforcement agencies.

C. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS

Our website is an interactive computer service. By visiting our website or by using any service, product, software, or other aspect of our website (which together are referred to herein as our “Services"), you are agreeing to be bound by all provisions stated in these Terms and Conditions. By using the Service, you are entering into a binding agreement between you and the operator of jerkmate.com (which is referred to in these Terms and Conditions as "we," "us," or "our"). You are referred to in these Terms and Conditions as "you," "your," or "Member" (if applicable). Any reference in these Terms and Conditions to “our website” refers to jerkmate.com . These Terms and Conditions are at times referred to herein as “this Agreement.” If you are located in the European Union/EEA and you use the Services as a consumer, you may have certain mandatory rights under applicable consumer protection laws. Nothing in these Terms is intended to exclude or limit any rights that cannot be excluded or limited under applicable law.

We may update these Terms from time to time to reflect changes in law or regulatory requirements, security reasons, or changes to the Services. We will post the updated Terms on our website and update the “Last Amended” date. If required by applicable law, we will seek your express consent to material changes that adversely affect your rights. If you do not agree to material changes, you should stop using the Services.

When used in these Terms and Conditions, “the Standards” shall mean all our policies, conditions, requirements, and other standards discussed in these Terms and Conditions. These include but are not limited to as discussed: (1) in Section A re No Minors - Zero Tolerance; (2) in Section B re No Prostitution or Sex Trafficking; (3) in Section D re Content; (4) in Section E re Membership; (5) in Section G re Prohibited Conduct; and (6) elsewhere throughout these Terms and Conditions.

Additionally, when used in these Terms and Conditions, “our Related Entities” shall mean our subsidiary companies, parent companies, related companies, affiliated companies or persons, officers, directors, shareholders, employees, agents, affiliates, other representatives, successors, and assigns.

D. CONTENT

UNLESS YOU ARE AN APPROVED PERFORMER, YOU ARE PROHIBITED FROM UPLOADING ANY CONTENT ONTO OUR WEBSITE.

As used in these Terms and Conditions, “Content” shall mean any image, video, sound, text, email, or any other type of file or media which is publicly viewable on our website. The only persons who may upload Content onto our website are verified Streamate Models performers.

We maintain age and identity verification processes for performers and related recordkeeping practices to comply with applicable laws and regulatory requirements. To the extent applicable, we comply with recordkeeping requirements under 18 U.S.C. §§ 2257 and 2257A et seq. (“Section 2257)” and maintain records of relevant images, videos, and performances, in accordance with applicable law.

You shall not record, copy, make a video of, or in any way reproduce any of the Content appearing on our website, including but not limited to any part or portion of a live performance. Additionally, you shall not post on another website, send to another person, or in any other way whatsoever redistribute any of the Content available on our website, including but not limited to any part or portion of a live performance. You acknowledge and understand that our website permits access to Content that is protected by copyrights, trademarks, and other intellectual property rights, which rights are valid and protected in all media and technologies existing now or later developed.

You understand you must evaluate and bear the risk associated with any reliance on the accuracy, completeness, or usefulness of any Content contained on our website. Subject to Section K (Limitations of Liability) and your statutory rights, and to the fullest extent permitted by applicable law, you agree and acknowledge that neither we nor any of our Related Entities shall assume or have any liability for any action or inaction with respect to Content or Content changes on our website.

Complaint Process. We have a complaint process regarding the Content on our website. This process allows you or anyone else to report to us any Content that may be illegal or that otherwise violates the Standards. Notices should be sent to dmca@jerkmate.com. We will review and resolve reported complaints within a reasonable time and, where possible, within seven (7) business days. In the event such review yields evidence of illegal Content or Content which violates the Standards, we will remove the Content immediately. Unless you are an approved performer, you should never be depicted in any Content on our website. If you are not an approved performer and you believe you are depicted in any Content, please notify us at dmca@jerkmate.com and specifically identify the Content, and we will remove the Content from our website.

E. MEMBERSHIP

By visiting our website, you acknowledge and certify the following:

  1. You are at least 18 years old (or the age of majority in the jurisdiction in which you live or view our website, whichever is higher).
  2. You will not provide or permit access or use of your account or our Services to any other person, including any minor. Also, you will not engage in or take any action while visiting our website or using our Services which in any way promotes or discusses in any way any action or topic involving any minor. See Section A.
  3. Our Services may not be accessed or used where prohibited by local law or other law. Your use of our Services must be in compliance with all applicable laws, rules, regulations, and ordinances.
  4. You agree to accept sole responsibility and be entirely liable for all activities conducted through your account. A Member may not permit another individual to use the Member's account. You are responsible for maintaining the confidentiality of and restricting access to your account and password. Active Members may not allow former Members or other persons, whose Memberships have been terminated, to use their accounts. You agree to contact our customer service department immediately if you become aware of any breach of security, unauthorized use of your account, or violation of these Terms and Conditions by others. Unauthorized access to our website through your account may result in your account being immediately terminated, in you not being able to open a new account, and in you facing civil and criminal liability.

When registering as a Member of our website and continuing during the term of your Membership, you agree to provide us with accurate, complete, and current registration information. Failure to do this shall constitute a breach of these Terms and Conditions and unauthorized access to our website.

Upon registering as a Member, you will choose a display name (to be displayed in chat) and password. You may not select or use a display name of another person, a display name in violation of a third party's property rights, or a display name that is or we deem offensive or otherwise inappropriate. We own all display names and we license them to you. Additionally, you may not use your display name in a way which violates these Terms and Conditions or in a way we deem inappropriate in our sole discretion. We reserve the right to delete any display name.

In visiting our website or using our Services, you may encounter Content that some may consider sexually explicit, offensive, or objectionable, which Content may not be specifically identified as such. To the extent permitted by applicable law and subject to your statutory rights, you assume all risk of loss and harm arising out of you visiting our website or using our Services.

Since our website may contain links or ads to third-party websites or services, you acknowledge and agree that we have no control over, do not endorse, and are not responsible in any way for any actions taken by or damages sustained by you relating to such third-party websites or services. Please note you may be subject to additional terms and conditions that apply when you use third-party websites or services.

F. CHARGES AND BILLING PRACTICES

Any charges or fees related to our website shall be governed by the terms and conditions found on jerkmatelive.com. You shall refer to jerkmatelive.com for any issues, disputes, or inquiries related to the charges or fees incurred for services or products. You are responsible for all charges associated with connecting to our website and all amounts owed to your internet service provider. You agree that all such charges incurred by you are entirely your responsibility. For example, depending on your particular location and chosen internet service provider, you may be responsible for long distance charges and/or other communication surcharges.

G. PROHIBITED CONDUCT

You agree to use our website only for lawful purposes. You shall not use our Services or our website to, either directly or indirectly:

  1. Engage in, assist with, cause, promote, or facilitate in any way any activity which in any way violates Section A or any other Section of these Terms and Conditions regarding prohibited access to or use of our Services by any minor.
  2. Engage in, assist with, cause, promote, or facilitate in any way any activity which in any way violates Section B or any other Section of these Terms and Conditions regarding no prostitution or sex trafficking.
  3. Harass, stalk, abuse, threaten, or in any way attempt to meet face-to-face with any of the performers or models associated with our website.
  4. Provide any of your personal contact information to any performer or model associated with our website.
  5. Record, copy, make a video of, or in any way reproduce any of the Content available on our website, including but not limited to any part or portion of a live performance. You also shall not post on another website, send to another person, or in any other way whatsoever redistribute any of the Content available on our website, including but not limited to any part or portion of a live performance.
  6. Intentionally or unintentionally violate any applicable local, state, national, international, or foreign law, rule or regulation of any kind.
  7. Post, submit, or in any way exchange or distribute any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content, as discussed in other Sections of these Terms and Conditions.
  8. Harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort upon another Member, other user of our website, or any other person or entity.
  9. Engage in any action of any type that may generally be considered unlawfully obscene, including but not limited to bestiality, urination/defecation, fisting, incest, extreme sadomasochism or bondage presented in a sexual context, or which refers to or depicts any person under 18 years of age.
  10. Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals, or entities. Impersonate a minor; impersonate any other person or entity (including but not limited to one of our representatives or a performer); or communicate under a false name or a name that you are not entitled or authorized to use.
  11. Post or distribute (or cause to be posted or distributed) a chain letter or pyramid scheme. Post or distribute (or cause to be posted or distributed) any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, or collect or harvest screen names of other Members.
  12. Post or distribute (or cause to be posted or distributed) any communication or solicitation designed or intended to obtain a password of an account or private or financial information from any Member.
  13. Violate any operating rule, policy, or guideline of any other interactive service or website in any way.
  14. Spread or distribute any spam, virus, bug of any type whatsoever, junk email, or mass email solicitation.

Any conduct by a Member that in our sole discretion restricts or inhibits any other Member, person, or entity from using or enjoying our website and our Services will result in us immediately terminating your Membership without notice.

We specifically reserve the right to protect our Members, us and others from offensive email communications, including but not limited to we reserve the right to block mass email solicitations or "junk email."

H. PROMOTIONAL EMAILS

We may send promotional or marketing emails to you only where we have your valid opt-in consent or another lawful basis permitted by applicable law (including, where applicable, a narrowly defined “soft opt-in” where all legal conditions are met). If you receive any such email, you will be given a free, simple, and effective way to withdraw consent and/or unsubscribe from future marketing emails at any time by following the instructions in the email. If you otherwise have any issues concerning any email you receive from us, please contact Support at marketing@mail.jerkmate.com.

Some of our trusted partners may email a registered user to present special offers only where they have a lawful basis to do so under applicable law (including, where required, your valid opt-in consent) and they provide a free, simple, and effective way to unsubscribe. However, we do not allow spam or illegal or misleading emails relating to our website. Please contact Support at marketing@mail.jerkmate.com if you receive any such spam or misleading emails in any way related to our website. If we become aware of any such email, we will take appropriate disciplinary or corrective action. Our disciplinary or corrective action may include termination of our Services, expulsion from our website, forfeiture of payments, and others.

I. MOBILE PHONE NUMBERS

If you have provided us your mobile phone number, we (and our service providers acting on our behalf) may request and use certain information from your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other wireless operator) to verify your identity and to authenticate and secure your account and transactions, including for fraud prevention. Such information may include your mobile number, name, and mobile device identifiers (IMSI and IMEI) and, where available, limited subscriber account status information necessary for those purposes. See our Privacy Policy for how we treat your personal information.

We will not use mobile-operator data for marketing, and where required by applicable law, we will obtain any necessary consents for marketing communications separately. Mobile operator data will be used and shared only to the extent necessary for identity verification, fraud prevention, account security, and transaction authentication, in accordance with applicable data protection law and our Privacy Policy, and any sharing with other companies is limited to those purposes.

J. DISCLAIMERS

NOTHING IN THESE TERMS AFFECTS ANY MANDATORY STATUTORY GUARANTEES OR CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW (INCLUDING EU/EEA AND CYPRUS CONSUMER PROTECTION LAWS). WITHOUT LIMITING THE FOREGOING, FOR CONSUMERS IN THE EU/EEA AND/OR CYPRUS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY MANDATORY RIGHTS OR REMEDIES RELATING TO THE SUPPLY OF DIGITAL CONTENT OR DIGITAL SERVICES, INCLUDING ANY LEGAL GUARANTEE, CONFORMITY REQUIREMENTS, AND REMEDIES FOR LACK OF CONFORMITY (SUCH AS BRINGING THE DIGITAL CONTENT OR DIGITAL SERVICE INTO CONFORMITY, A PROPORTIONATE PRICE REDUCTION, OR TERMINATION, WHERE APPLICABLE). YOU AGREE YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE PROVIDE OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE, SUBJECT TO ANY MANDATORY STATUTORY GUARANTEES AND CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OUR RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE OF OUR SERVICES, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE INCLUDE BUT ARE NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS. OUR SERVICES ARE PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT A MEMBER WILL BE ABLE TO ACCESS OUR SERVICES AT A TIME OR LOCATION OF MEMBER'S CHOOSING.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE, EXCEPT TO THE EXTENT SUCH WARRANTIES OR REPRESENTATIONS CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING ANY MANDATORY EU/EEA AND/OR CYPRUS CONSUMER RIGHTS).

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING OR OTHERWISE, EXCEPT TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED BY APPLICABLE LAW (INCLUDING ANY MANDATORY EU/EEA AND/OR CYPRUS CONSUMER RIGHTS). WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

K. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE LIMIT OUR LIABILITY TO YOU AS SET OUT IN THIS SECTION K. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (II) FRAUD OR FRAUDULENT MISREPRESENTATION, (III) FAILURE TO PROVIDE THE SERVICES WITH REASONABLE CARE AND SKILL, OR (IV) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THIS SECTION K AFFECTS ANY MANDATORY RIGHTS OR REMEDIES YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LAW (INCLUDING IN THE EU/EEA OR CYPRUS).

SUBJECT TO THE FOREGOING, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RELATED ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (1) ANY ERROR, MISTAKE, OR ACTION BY US IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF OUR SERVICES OR ACCESS TO OUR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (5) ANY BUG, VIRUS, TROJAN HORSE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES; OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO OUR SERVICES OR OUR WEBSITE. THIS INCLUDES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER SUCH DAMAGES ARE FORESEEABLE, BUT ONLY TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE PERMITTED AND ENFORCEABLE UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAWS).

IN THE EVENT YOU CLAIM THERE WAS ANY PROBLEM WITH YOUR USE OF OUR SERVICES, YOUR REMEDIES (IF ANY) WILL BE LIMITED TO THOSE AVAILABLE UNDER APPLICABLE LAW AND, WHERE APPROPRIATE, TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR OUR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH IS BORNE BY YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW; HOWEVER, THIS DOES NOT APPLY TO THE EXTENT SUCH ACKNOWLEDGEMENT OR RISK ALLOCATION IS PROHIBITED OR UNENFORCEABLE UNDER APPLICABLE LAW (INCLUDING FOR EU/EEA OR CYPRUS CONSUMERS), AND DOES NOT LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU ARE NOT ACTING AS A CONSUMER, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTES OF LIMITATIONS. FOR CONSUMERS, THIS ONE (1) YEAR LIMITATION AND ANY WAIVER OF LONGER LIMITATION PERIODS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AND DO NOT LIMIT ANY MANDATORY STATUTORY LIMITATION PERIODS OR CONSUMER RIGHTS (INCLUDING IN THE EU/EEA OR CYPRUS).

L. INDEMNIFICATION

You agree to indemnify, hold harmless and defend us and our Related Entities from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) in any way related to or arising from: (1) your use of and access to our Services or the use of your account by any other person; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that your Content caused damage to a third party; or (5) any action by you which is negligent, tortious or otherwise wrongful. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms and Conditions and your use of our Services.

M. GOVERNING LAW; VENUE; NO JURY TRIAL

These Terms and Conditions and this Agreement (and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to conflict-of-laws rules. FOR CONSUMERS IN THE EU/EEA: NOTHING IN THIS SECTION LIMITS ANY MANDATORY RIGHT YOU HAVE TO BRING PROCEEDINGS IN THE COURTS OF YOUR PLACE OF RESIDENCE, AND ANY “EXCLUSIVE JURISDICTION” OR VENUE REQUIREMENT APPLIES ONLY TO THE EXTENT ENFORCEABLE AND DOES NOT APPLY WHERE IT WOULD RESTRICT THOSE RIGHTS. For all other cases, and to the extent permitted by applicable law, any legal action or proceeding with respect to these Terms and Conditions and this Agreement or any issues related thereto shall be brought in the courts of the Republic of Cyprus, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection (including without limitation any objection to venue based on the grounds of inconvenient forum), which it may now or hereafter have to the exclusive venue of any such legal action or proceeding being in such above specified courts. YOU AND WE BOTH AGREE THAT EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL. Thus, in the event any lawsuit is ever filed by any party relating to this Agreement or the subject matters of these Terms and Conditions, the court will be the trier of fact in any such lawsuit and there will be no jury in any such lawsuit. Where this waiver is not effective under applicable law, it will not apply.

N. GENERAL PROVISIONS

These Terms and Conditions shall constitute the entire agreement between you and us, superseding any prior agreements, writings, or communications between you and us with respect to the subject matters discussed in these Terms and Conditions.

Mandatory Law. If you are a consumer in the EU/EEA or Cyprus, nothing in these Terms and Conditions will limit or reduce your mandatory statutory rights. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.

No failure by us to enforce or seek remedies for violations of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or provision or of any other term or provision. Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.

You also agree and accept that as we make available any new products on or through our website, your use of these products is subject to these Terms and Conditions. In addition to Content and services provided by us, our affiliates, and independent content providers, other entities may offer Content, software or other services to Members with their own terms and conditions and usage policies relating to your use. Failure to abide by those terms and conditions may result in termination of your Membership to our website. Third party trademarks referenced in or in any way related to our Services are the property of their respective owners.

Changes to these Terms and Conditions are handled as described in Section C above.

Last Amended: May 05, 2026