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Terms for Uploaders ⎙ ✉

Terms of Service for Uploaders


(last updated October 2023)

MVVERSE Inc. (hereafter “MV” as de@ned below) operates and manages the
ManyVids.com web Platform (as de@ned below), where independent content uploaders
can upload, publish, broadcast, license, share, and sell their original videos and tangible
goods and offer services, such as live streams or live chats, to users. The Platform
provides explicit adult entertainment and is only open to consenting adults.

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

WE DO NOT TOLERATE ANY MATERIAL INVOLVING OR REPRESENTING MINORS,


INCLUDING ANY VIRTUAL DEPICTION, AND HAVE A ZERO TOLERANCE POLICY
REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC, PEDERASTIC, OR
SIMILAR RELATED ACTIVITY. WE TAKE GREAT MEASURES TO ENSURE THAT NO
UNDERAGE INDIVIDUALS APPEAR ON THE PLATFORM AND WE WILL REPORT ANY
UNLAWFUL ACTIVITIES.

These terms of services (hereinafter referred to as “TOS”), including our Privacy Policy
(https://info.manyvids.com/home/privacy-policy) and all of MV’s rules, such as
“Upload Rules”, “Content Rules”, “MV Trust & Safety”, “Forbidden Words”, “Billing”, and
“Record Keeping Requirements”, found here (https://info.manyvids.com/home) (the
“Platform Rules”) form the binding contract between MV and UPLOADER. If UPLOADER
does not agree to all of these Platform Rules, which shall form an integral part of the
TOS as if they were recited at length herein, UPLOADER may not use the Platform and
should not proceed to create an account or otherwise use the Platform. By using the
Platform, UPLOADER is demonstrating willingness and con@rming agreement to be
bound by all of these TOS, including all amendments made to them from time to time.
MV reserves the right, at its sole discretion, to revise these TOS. UPLOADER agrees that
all changes to the TOS are effective and enforceable upon posting. Further, UPLOADER

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agrees and understands that it is the responsibility to be knowledgeable and to
periodically review all of these TOS to see if anything has changed. MV will not be liable
for UPLOADER's neglect of legal rights.

IF UPLOADER DOES NOT AGREE WITH THESE TOS, OR IF UPLOADER DOES NOT AGREE
WITH ANY REVISED TOS, UPLOADER SHOULD NOT USE THE PLATFORM.

1. DEFINITIONS
Where used in these TOS, unless there is something in the context or the subject matter
inconsistent therewith, the following terms shall have the following meaning:

1.1 "Content" shall mean, depending on the context in which it is used, original
UPLOADER-generated content OR original Member-generated content (or both). Content
includes pictures, videos (pre-recorded or live streaming), and other materials, including,
but not limited to, text, images, graphics, data, audio, messages (including online chat),
Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd
funding initiatives, and tangible goods provided, sold, offered, or posted by UPLOADERS
or Members onto the Platform from time to time;

1.2 "Live Streams" shall mean sessions organised by UPLOADERS during which Content
is streamed live in private, semi-private, or public mode, with or without live chat, with or
without the possibility to have two-way camera sessions;

1.3 "Member(s)" shall mean the registered individuals using the Platform for their
personal use, also called “MV Member(s)”, at the exclusion of UPLOADERS. For clarity,
all Members are Users but not all Users are Members;

1.4 "MV", as well as all @rst-person pronouns (such as “we”, “us”, “our”, “ours”), shall refer
to MVVERSE Inc., 4815 Van Horne St., Montreal, Quebec, H3W1J0, PO Box: 63527,
Canada, and/or its ahliates or assigns. MV operates and manages the Platform and
acts as an intermediary between UPLOADERS and Users using the Platform and permits
UPLOADERS and Members to interact on the Platform;

1.5 "Net Proceeds" shall mean the amount of money charged to a given User for
accessing Content, minus any refunds, charge-backs, other similar reimbursement made
on such Content licensed or sold, as well as any loss due to fraudulent activity;

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1.6 "Platform" shall refer to the hosting service operated and managed by MV, available
at www.manyvids.com (and including all of its subdomains and any predecessor or
successor domain or URL), where UPLOADERS can Upload, license, and sell their
Content using the tools and features provided by such Platform, where Users using the
Platform can view and post Content (except certain types of Content), and where
UPLOADERS and Members can interact online;

1.7 "TOS" means, collectively, these Terms of Service, our Privacy Policy
(https://info.manyvids.com/home/privacy-policy), as well as all Platform Rules
(https://info.manyvids.com/home) and all instruments and assurances in amendment
or con@rmation of them. “Hereof”, “herein”, “hereto”, “hereunder”, and similar expressions
mean and refer to these TOS;

1.8 "Upload" shall encompass upload, publish, broadcast, share, and offer Content,
including Live Streams;

1.9 "UPLOADER(S)", as well as all second-person pronouns, shall refer to the


independent models, performers, and other Content producers or studios, registered as
such with MV and Uploading their original Content onto the Platform for private use by
the Users; and

1.10 "User(s)" shall mean the individuals using the Platform for their personal use, at the
exclusion of UPLOADERS.

2. GENERAL TERMS

2.1 These TOS govern UPLOADER's rights and responsibilities in connection with the
Platform and are a binding contract between UPLOADER and us (and not between
UPLOADER and any of the Users or us and any of the Users). We encourage UPLOADER
to read them carefully and periodically.

2.2 Subject to Section 4.2, and subject to UPLOADER's compliance with all of these TOS,
MV hereby grants UPLOADER a free of charge, non-exclusive, non-transferable, personal,
revocable license (the “License”) to use the Platform solely for personal purposes. This
is a License to use and access the Platform for its intended purpose and is not a
transfer of title.

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2.3 The Platform provides UPLOADER the ability to Upload, license, and sell Content
(including videos, pictures, store items, services, and subscriptions), as well as to
interact online with Members and offer Live Streams. All Content accessible or sold
through the Platform is to be accessed or sold to Users for private use only. UPLOADER
understands and agrees that, as a service provider, MV is only acting as an intermediary
and shall not be held responsible for activities engaged by UPLOADER through the
Platform. MV does not endorse any Content or submission and expressly disclaims any
and all liability in connection with Content or submissions. UPLOADER should use the
Platform in accordance with local laws and community standards; the Platform may not
be accessed or used where prohibited by law.

2.4 UPLOADER agrees and understands that MV cannot ensure the security or privacy of
information provided through the Internet and the Platform. We strongly condemn any
form of interaction between Users and UPLOADERS outside of the Platform. Any
information UPLOADER chooses to share is UPLOADER's sole responsibility and is done
at UPLOADER's own risk. Using the Platform for unlawful or illegal activities is
prohibited. UPLOADER agrees to take precautions when interacting online with Users
and other UPLOADERS. UPLOADER also understands that we don’t conduct any prior
veri@cation or criminal record checks on our Users or UPLOADERS, and we make no
statement regarding their behavior. Thus, UPLOADER agrees to remain vigilant when
interacting on the Platform.

2.5 UPLOADER agrees and represents to only Upload Content that is original and that
UPLOADER owns or is authorized to Upload, and for which UPLOADER possesses
exclusive distribution and sale rights. Content under non-exclusive third-party licenses,
even if granting monetization rights, is strictly prohibited on MV. This policy ensures
content integrity and avoids potential rights disputes. Breaching this policy can lead to
immediate actions, including content removal or account suspension. Always verify
licensing terms and rights before uploading. Moreover, any Content uploaded on the
Platform must comply with MV's Upload Rules. We reserve the right to remove non-
compliant uploaded Content anytime, without prior notice.

2.6 For these TOS, an UPLOADER is purely an independent contractor. At no point should
UPLOADER be viewed as an employee, agent, or partner of MV. UPLOADER
acknowledges that nothing in these TOS implies any agency, employment, joint venture,
or partnership between UPLOADER and MV. Additionally, UPLOADER acknowledges that
MV doesn't directly or indirectly control the monitoring, approval, or review of
UPLOADER's uploaded Content. UPLOADER understands that Live Streams might be
monitored or recorded by MV per its Privacy Policy. Review our Privacy Policy.

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3. UPLOADER ACCOUNT

3.1 Registration. In order to access the Platform as an UPLOADER and to Upload,


license, and sell UPLOADER's Content, UPLOADER must @rst register by creating an
account. UPLOADER will have to choose a username, which must be unique, not
offensive to others, and not in violation of a third party’s intellectual property. Then,
UPLOADER will be asked to complete the registration by @lling out an online registration
form that includes UPLOADER's legal name and date of birth. UPLOADER will also be
asked to provide governmental issued identi@cation cards. Once MV has received the
registration form duly completed, MV reserves the right to contact UPLOADER for
validation and/or to obtain additional information. MV reserves the right to decline any
account registration for any reason.

3.2 Con@dentiality of UPLOADER's Account. UPLOADER agrees and represents not to


share the account or login information, let anyone else access the account, or do
anything else that might jeopardize the security of the account. If UPLOADER becomes
aware of or suspects any security breach, UPLOADER must immediately notify MV and
modify the login information. UPLOADER is solely responsible for maintaining the
con@dentiality of the login information and will be responsible for all uses, including
Uploads. MV is not liable for any unauthorized use of the account. In brief, UPLOADER is
responsible for anything that happens through the account.

3.3 Content Responsibility and Restrictions

3.3.1 UPLOADER's Accountability: UPLOADER is solely responsible for all Content they
upload, ensuring compliance with all guidelines, and bearing associated risks with their
use of the Platform.

3.3.2 Content Restrictions: UPLOADER agrees not to upload any content that is illegal,
depicts minors, or is prohibited by MV. All content must adhere to MV's Upload Rules
and Trust & Safety guidelines. Further, content must not infringe on third-party
intellectual property rights or individual privacy. This extends to copyrighted background
music or video, which must either be royalty-free or have paid applicable royalties.
UPLOADER must secure and warrant the express consent of anyone depicted in the
content they upload.

3.3.2.1 Prohibited Activities: UPLOADER agrees not to:


(i) Inhibit the sales or activity of another UPLOADER on the Platform.

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(ii) Engage in any act deemed by MV as conlicting with the spirit or intent of the

Platform.

(iii) Misuse the Platform in any manner.

(iv) Use the Platform for harassment, prostitution, sex trahcking, or any

illegal/offensive behavior; or to post/share defamatory or slanderous statements.

(v) Attempt unauthorized access to the Platform, including bypassing or trying to

bypass any technology or security of the Platform.

(vi) Disrupt or interfere with the Platform or our servers; or assist in such disruption.

(vii) Modify or hack into any software applications or tools used by the Platform.

(viii) Sell or promote prohibited items on the Platform (refer to Section 6.14).

(ix) Violate any law or regulation or encourage or enable such violation.

3.3.3 Visibility and Searchability: UPLOADER's pro@le and uploaded content might be
searchable within the Platform, and by third-party search engines or archives. If
UPLOADER desires removal of any content from these public databases, it is their
responsibility to initiate and manage such requests.

3.3.4 Shared Access and Waiver: If UPLOADER shares their account or login credentials
with another uploader under a separate agreement, they waive any claims or damages
stemming from that sharing. UPLOADER agrees to defend, indemnify, and hold MV
harmless from any resulting claims or damages. UPLOADER assumes all responsibility
for activities on their account and any payment directions given to MV under such
agreements. If UPLOADER directs MV to make payments to another party, they cannot
hold MV accountable once the payment has been made. UPLOADER must notify MV in
writing if such an agreement terminates.

3.3.5 Content Production Date Limitation: MV will not accept content produced before
July 3, 1995, due to the absence of standardized age veri@cation and consent
documentation before this date. Submitting content from before this date breaches
these terms and may lead to actions including removal of the content, suspension, or
account termination. UPLOADER is responsible for ensuring content production dates
comply with this rule, and if there's uncertainty, it is best to refrain from uploading.

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3.4 MV Live - Live Stream Upload. When using the MV Live feature, UPLOADER will only
Upload Live Stream sessions. Uploading pre-recorded Content when using MV Live is
prohibited and may result in termination of UPLOADER's account.

3.5 License to your Content. By using the Platform, UPLOADER retains control and
legitimate ownership rights in UPLOADER's Content. Users are granted nothing more
than the right to view, license, or buy UPLOADER's Content. UPLOADER agrees that MV
may use UPLOADER's Content (alone or combined with other works) solely for
promotional or commercial purposes in line with these TOS. Accordingly, UPLOADER
grants MV a perpetual, unlimited, royalty-free, global, non-exclusive, irrevocable, and
transferable license to exploit UPLOADER's Content by any technological means.
UPLOADER waives any “moral rights” or related rights in the Content for MV's bene@t.
UPLOADER represents having the right to confer this license and waivers.

3.6 Account Photo. UPLOADER must ensure their account pro@le photo is publicly
acceptable and does not display explicit content. MV reserves the right to remove any
inappropriate images. Repeated violations may lead to account termination as per these
TOS.

3.7 Linking Your Account to Social Media. The Platform may allow UPLOADER to link to
third-party social media platforms. By doing so, UPLOADER acknowledges all potential
risks and understands MV's lack of control over these platforms. UPLOADER is
responsible for abiding by the terms of these Third-Party Sites.

3.8 Content and Closing of Your Account: Should UPLOADER choose to close their
account, all associated Content is removed, with exceptions outlined below. Content
deleted by UPLOADER remains accessible to Members who've purchased it. Deactivated
accounts may be retained by MV for analytical and legal purposes, per the Privacy
Policy. For complete removal, UPLOADER must reach out to help@manyvids.com.

3.9 2257 Regulations. UPLOADER must provide 18 USC § 2257 Record Keeping
Requirements compliant documentation upon request. Although MV isn't a “producer”
as per the 2257 Regulations, UPLOADER is mandated to maintain and present required
records, holding them for the duration of these TOS plus seven (7) years or as law
dictates. Failing to provide requested documentation can result in account termination.

3.10 Reporting of Pornography Involving Minors. MV is dedicated to cooperating with


law enforcement on child pornography matters. Reports of illegal minor-related activities
should be directed to MV and relevant authorities with evidence attached.

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3.11 Notice of Copyright Infringement. MV respects intellectual property rights and will
act on valid infringement notices according to the DMCA Notice & Takedown Policy &
Procedure which can be found here (https://info.manyvids.com/home/dmca-policy-
procedure).

3.12 Issuing Notices. By Uploading Content, UPLOADER authorizes MV to act against


copyright infringements related to UPLOADER's Content. MV has the discretion to act
but isn't obliged. UPLOADER agrees to indemnify MV against claims stemming from this
authority.

3.13 Litigation Agency. Despite Sections 2.2 and 3.5, UPLOADER grants MV the right to
pursue copyright infringers on UPLOADER's behalf, not limited to content taken from
MV's Platform.

3.14 Section 230 of the Communications Decency Act – 47 U.S.C. § 230 Notice. You
understand and acknowledge your responsibility to prevent minors under your care from
accessing explicit, harmful, or otherwise inappropriate material; you understand that no
minor can have access to the Content and you agree and warrant to take responsible
measures to prevent them from doing so. Parental control protections (such as
computer hardware, software, or @ltering services) are commercially available and may
assist you in limiting access to material that is explicit, harmful, or otherwise
inappropriate to minors. You are hereby informed that you can research such services
on websites such as, but not limited to:
http://www.safesur@ngkids.com/ (http://www.safesur@ngkids.com/),
http://www.safekids.com/internet-safety-organizations-sites/
(http://www.safekids.com/internet-safety-organizations-sites/),
and http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo
(http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo).
MV does not make any representation or endorsement regarding any products or
information found on these third-party websites and recommend that you conduct your
own due diligence before installing any online @lter. Furthermore, you agree that is it your
sole responsibility, at the total exclusion of MV, to keep any explicit, harmful, or
otherwise inappropriate material from being displayed, viewed, or accessed by minors.

3.16 Japan-Based UPLOADERS. UPLOADERS residing in Japan or holding Japanese


citizenship must ensure adherence to all relevant Japanese laws, notably including
censorship regulations. While MV provides a platform for content sharing, it retains the

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right to review and remove any content by Japan-based UPLOADERS that contravenes
Japanese laws, even if said content aligns with MV's Platform Rules. For guidance on
legal uploading practices speci@c to Japanese citizens, refer to the available
resources here (https://mv-info.knowledgeowl.com/home/japan-based-uploaders).

4. SERVICE FEES; PRICING; PAYMENTS; CONTESTS

4.1 Content Prices. Unless provided otherwise by the functionalities of the Platform,
UPLOADER has sole discretion regarding pricing of the Content. However, both minimum
and maximum prices must adhere to MV’s prevailing pricing policy, available here
(https://info.manyvids.com/home/pricing-policy). In line with the Platform's
functionalities, UPLOADER can modify Content prices, always in accordance with MV’s
pricing policy, and remove any owned Content anytime, based solely on UPLOADER's
judgment.

4.2 Service Fees. UPLOADER incurs no charges for joining MV. MV's compensation for
UPLOADER's utilization of the Platform is determined by the Net Proceeds accrued from
the Content sold to Users. For the duration of these TOS, MV will deduct its service fees
from the Net Proceeds generated by Content sales to Users through the Platform. This is
consistent with MV’s existing pricing policy, available here
(https://info.manyvids.com/home/pricing-policy). The mentioned service fees cover
any pertinent taxes, with the corresponding invoice sent to UPLOADER alongside
UPLOADER’s bi-monthly payment (if relevant), as outlined in Section 4.6 below.

4.3 Tokens. Tokens, available exclusively to Members, are solely meant as a gesture of
gratitude presented to UPLOADER in relation to Live Stream Content (“Tokens”). To
clarify, Tokens cannot substitute for Content payment or any activity violating these TOS,
nor are they obligatory for Members to access the Platform or Content. When Members
allocate Tokens, they do so voluntarily without expecting any reciprocation. MV will
withhold a speci@ed percentage from Tokens earned by UPLOADER. The speci@cs about
MV’s Token packages and pricing, available on MV Live, may undergo alterations at any
given moment.

4.4 Subscriptions. UPLOADER recognizes that modi@cations to Subscription rates won't


inluence currently subscribed Members; such Members will persistently be invoiced at
the initial rate until the said Member discontinues that Subscription service. Whenever a
Member buys a Subscription employing a promo code or at a reduced rate, the rebilling
will remain at that particular rate, unless that Member terminates that Subscription
service.

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4.5 Payment Options. MV presents UPLOADER with a diverse range of payout choices.
To view a comprehensive list of options and associated charges, please click here
(https://mv-support.knowledgeowl.com/help/payout).

4.6 Payment Schedule: Every month is divided into two remittance periods: the @rst
period spans from the 1st to the 15th day, while the second covers the 16th day through
the end of the month. Days start at 12:00 A.M. Universal Time Coordinated (UTC) and
conclude at 11:59 P.M. UTC. MV will remit payment to UPLOADER within seven days
following each period, but no later than twenty-eight days, assuming the balance
surpasses the required minimum for the selected payment method. If the balance falls
short of this minimum, it will be carried over to the next period. Regardless of the chosen
payment method, the minimum payout is consistently set at @fty ($50.00) dollars,
whether facilitated through Automated Clearing House (ACH) or any other payment
method as determined by MV. Please note that these minimums are subject to change.

4.7 UPLOADER Information: It is UPLOADER's responsibility to ensure that all payment


information is comprehensive and precise to circumvent any disruptions in the payment
procedure and to notify MV of any potential payment issues. UPLOADER is tasked with
maintaining the accuracy of all information.

4.8 Taxes: UPLOADER bears the sole obligation to submit any relevant sales taxes to the
respective tax authorities. Despite the above, MV, if mandated by law, might retain the
sales taxes and forward them directly to the pertinent tax entities. In such instances, no
sales taxes will be disbursed to UPLOADER. Regardless of any other provision in these
TOS, UPLOADER hereby commits to absolve and defend MV, its associates, and its
representatives from any third-party claims, inclusive of tax agencies, concerning any
sales taxes, or any retention thereof, related to UPLOADER's Content procured by or
licensed to Users. Notwithstanding any other provision in these TOS, UPLOADER
acknowledges that UPLOADER is the only party responsible for settling all governmental,
state, and local taxes, impositions, or any other akin charges.

4.9 Currency: Every sum mentioned herein and all monetary dealings on the Platform are
presented in US dollars (USD). When feasible, and purely at MV's discretion,
disbursements might be executed in the currency designated by UPLOADER or the
currency native to UPLOADER’s domicile. If so, any currency translations will rely on the
prevailing exchange rate at that time.

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4.10 Adjustments: MV refrains from granting credits, reimbursements, or cash returns
on Content secured by Users. However, MV reserves the right, solely at its discretion, to
modify or subtract from the sum intended for, or already dispensed for payment, to
UPLOADER for any rationale, without prior notice. Should the payment have been
previously dispatched to UPLOADER, MV will deduce such amendments from the
subsequent sum intended for UPLOADER. These modi@cations might be attributed to
causes such as user credits, refunds, deceitful activities, tainted Content, gravely
deceptive or inaccurately labeled Content, or technological mishaps.

4.11 Payout Adjustments: In the event of a remitting discrepancy, MV retains the right to
modify the payout to correct the issue. Additionally, an administrative fee might be
applicable for tasks like payment resubmission. UPLOADER agrees that MV, in its sole
judgment, can offset such fees from any amounts owed to the UPLOADER.

4.12 E-Wallet Liability: Should UPLOADER opt to obtain earnings via an e-wallet,
UPLOADER recognizes that the onus of the payment shifts to the e-wallet payment
processor once MV dispatches the funds. It becomes UPLOADER's duty to secure funds
from said e-wallet payment processor. If UPLOADER encounters complications in
accessing the funds, it is imperative for UPLOADER to engage directly with the payment
processor. MV will refrain from any intervention or accountability concerning the funds.

4.13 Account Inactivity: In circumstances where UPLOADER's account demonstrates


inactivity without legitimate payout details (a hiatus of twelve (12) successive months
coupled with an absence of valid payout speci@cs), MV retains the prerogative to detain
any and every earning attributed to UPLOADER. To seek an amicable resolution,
UPLOADER should initiate communication with MV via help@manyvids.com, ensuring
the revalidation of identity and/or suitable payout approach.

4.14 Payout – Closing of UPLOADER's Account: Should UPLOADER opt to close the
account – a decision UPLOADER is free to make at any time – MV will balance any
amounts due between both parties.
Tokens within UPLOADER's account will be converted to USD based on MV’s designated
Token packages and prices as outlined in Section 4.3. In accordance with Section 4.6,
MV commits to disbursing any residual account balance during the upcoming
remittance cycle, contingent on the following terms:

Minimum Payout Threshold: MV won't process payouts for balances below twenty
($20.00) dollars post set-off. Upon closing an account, the UPLOADER explicitly and
irrevocably forfeits any balance under this threshold. For clarity, balances under this

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threshold will neither be reactivated nor transferred, even if the UPLOADER reopens an
old account or creates a new one.

Payout for Balances Above Threshold: If a balance surpasses twenty ($20.00) dollars
post set-off, MV will facilitate the payout using the most recent payment information on
record. It's incumbent upon the UPLOADER to ensure MV has all the requisite details for
a successful transfer. Should the funds be returned as undeliverable, MV will hold onto
the balance for three years post account closure, unless legally mandated otherwise.
After three years, if unclaimed, the UPLOADER is deemed to have willingly and
permanently relinquished any rights to that balance.

4.15 Contests. Even though contests might be universally accessible via MV or the
Platform, it's worth noting that not every feature, product, or service elaborated upon,
cited, offered, or introduced through MV contests is attainable for every individual,
across all geographical con@nes, or apt or obtainable for utilization universally. Should
UPLOADER decide to partake in an MV contest, it is a decision made independently, and
UPLOADER bears the exclusive obligation of adhering to pertinent local regulations. Any
proposition related to an MV contest is rendered null and void wherever it's considered
illegal. Entries funneled into MV contests might undergo vetting, evaluation, and must
align with MV's Content Rules (https://info.manyvids.com/home/upload-rules),. MV
retains the unequivocal right to decline or dismiss UPLOADER's involvement in such an
MV contest if, upon assessment, MV discerns any breach, evasion, or non-compliance
with any MV contest directive or Platform Rule.

5. MV’S RESPONSIBILITIES; DISCLAIMERS AND INDEMNIFICATION

5.1 UPLOADER acknowledges that the Platform remains a continually evolving


technology and concept. As long as MV offers UPLOADER access to the Platform, it
might undergo updates, improvements, and expansions. MV provides access to the
Platform as it stands on any particular day without further obligations, except as
explicitly mentioned in these TOS. MV retains the right to modify, replace, deny access
to, suspend, or cease parts or all of the Platform, exclusively for UPLOADER or for all
UPLOADERS and Users, at its sole discretion. These modi@cations become effective
either upon posting on the Platform or through direct communication with UPLOADER,
unless stated otherwise.

5.2 Operating as an intermediary service provider, MV isn't obliged to oversee or control


Content. However, MV reserves the right to perform such actions. MV also reserves the
right to refuse, eliminate, or discard any Content from the Platform or to block

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UPLOADER's account either partially or entirely, with or without notice, if deemed in
violation of these TOS.

5.3 THE PLATFORM IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” FOUNDATION,
DEVOID OF ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED. UPLOADER AGREES
TO SHOULDER THE SOLE RESPONSIBILITY FOR ALL RISKS AND REPERCUSSIONS
STEMMING FROM USING THE PLATFORM. THIS INCLUDES, BUT ISN'T RESTRICTED TO,
RISKS TIED TO PUBLIC EXPOSURE ON THE PLATFORM SUCH AS RECORDING, PIRACY,
HARASSMENT, DEFAMATION, VIOLATIONS OF RIGHTS, AND UNAUTHORIZED
DISTRIBUTION. MV COMMITS TO EXERT REASONABLE AND LAWFUL EFFORTS TO
REMOVE SUCH CONTENT UPON UPLOADER'S WRITTEN REQUEST.

5.4 MV CANNOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE


PLATFORM BASED ON UPLOADER'S PREFERENCES. MV ISN'T ACCOUNTABLE FOR ANY
FAILURES STEMMING FROM UNFORESEEN EVENTS OR CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL. THIS ENCOMPASSES FACTORS LIKE NATURAL CALAMITIES,
INFRASTRUCTURE FAILURES, HACKING, SPAM, SOFTWARE OR SERVER
MALFUNCTIONS, AND SERVICE PROVIDER CHANGES.

5.5 TO THE MOST EXTENSIVE EXTENT PERMISSIBLE BY LAW, MV (AND ITS


ASSOCIATED PERSONNEL) HOLDS NO LIABILITY TOWARDS UPLOADER FOR ANY
INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING REVENUE LOSS, LOST
PROFITS, OR DATA LOSS. IF THIS SECTION (5.5) IS INVALIDATED, MV'S TOTAL
LIABILITY FOR ANY DAMAGES, BE IT CONTRACTUAL OR TORTIOUS, SHALL BE CAPPED
AT ONE-HUNDRED ($100.00) DOLLARS.

5.6 Indemni@cation. To the maximum extent permitted by applicable law, UPLOADER


agrees to defend, indemnify, and hold harmless MV, the Platform, its operator, parent,
subsidiaries, and ahliated corporations, including their ohcers, directors, shareholders,
employees, agents, server maintenance crews, independent contractors,
telecommunication providers, and contributors against any claims, damages,
obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to,
attorneys’ fees) arising from: (i) UPLOADER's use and access to the Platform; (ii) any
breach or violation of these TOS by UPLOADER; (iii) UPLOADER's infringement of third-
party rights, especially intellectual property, property, or privacy rights; or (iv) any
assertion that UPLOADER's Content harmed a third party. This indemni@cation obligation
persists beyond these TOS and UPLOADER’s usage of the Platform.

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Furthermore, UPLOADER commits to defend and indemnify MV if any third party suffers
due to UPLOADER's unlawful acts or if MV has to address any claims, including, without
limitation, any criminal actions instigated by any entity. UPLOADER also agrees to shield
MV from any liability stemming from others viewing UPLOADER's Content. MV will
inform UPLOADER swiftly of any such claims or lawsuits, and at MV's discretion, may
choose to cooperate in the defense of such claims at UPLOADER's expense. MV
reserves its right to be involved in the defense of any claim, selecting its legal counsel,
although it's not obliged to do so.

UPLOADER acknowledges that communications between UPLOADER and other


UPLOADERS or Users on the Platform, including Live Streams and chats, aren't deemed
private. UPLOADER releases MV and all other UPLOADERS or Users from any liabilities
concerning invasion of privacy, defamation, or related issues if UPLOADER’s
communications or pro@les become public. This section does not aim to restrict the
extent of releases or indemni@cations stated elsewhere in these TOS.

6. UPLOADERS’ REPRESENTATIONS AND WARRANTIES

Representations and Warranties: As an essential condition for MV to agree to these TOS,


UPLOADER guarantees and states:

6.1 UPLOADER, of sound mind and body, is entering into these TOS voluntarily, fully
grasping its terms, conditions, and legal implications.

6.2 UPLOADER IS AT LEAST 18 YEARS OLD AND HAS REACHED THE AGE OF MAJORITY
AND LEGAL CONSENT in their jurisdiction when accessing the Platform and establishing
the MV UPLOADER account.

6.3 UPLOADER Integrity: UPLOADER must own or possess exclusive licensing rights to
their Content for lawful upload, licensing/sub-licensing, or sale on the Platform. This
must be without infringing on third-party rights, including but not limited to contracts,
copyrights, trademarks, publicity or privacy rights, or any related rights. Uploading
content under non-exclusive licenses, even with monetization rights, is strictly
prohibited.

6.4 UPLOADER holds, and will retain, the full authority to Upload, license, and sell their
Content as detailed in these TOS and ful@ll all other obligations, warranties, and
indemni@cations herein. UPLOADER takes full accountability for their Content
submissions.

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6.5 The Content consists of lawful materials. All depicted individuals were adults (above
18 and the majority age in UPLOADER’s jurisdiction) during the Content's creation. These
individuals provided valid and legal consent, are registered with MV, veri@ed by MV, and
have given MV all necessary consents, licenses, releases, permissions, and
authorizations.

6.6 UPLOADER is aware of, understands, and will adhere to all prevailing laws and
restrictions in their jurisdiction (and relevantly, where any other UPLOADER or User
resides). This pertains to areas like obscenity, content harmful to minors, creation of
sexually explicit content, record-keeping requirements, import/export control laws, false
advertising, privacy, anti-discrimination, intellectual property, illegal business solicitation,
and unsolicited commercial messaging restrictions. UPLOADER won’t use the Platform
to solicit or promote illegal activities or TOS infringements.

6.7 UPLOADER is accountable for securing and maintaining all necessary consents,
licenses, and permits to Upload, license, and sell Content on the Platform. UPLOADER
won’t Upload from public places or locations restricted by local laws.

6.8 Certain acts and content presentations are strictly forbidden: (i) suggesting
someone is below 18 (or below 21 in speci@c jurisdictions), (ii) depicting minors in
explicit situations, (iii) violating these TOS, especially the Platform Rules, and (iv)
showcasing third-party trademarks, copyrights, or any disparaging content.

6.9 For Live Streams or interactions with Users, UPLOADER is prohibited from: (i)
impersonating others, (ii) soliciting unauthorized money from Users, (iii) harassing or
defaming others, (iv) sharing contrary Content, (v) suggesting public place Uploads, (vi)
bypassing the Platform for live sessions or payments, (vii) promoting illegal activities,
(viii) sharing information about Users or UPLOADERS, (ix) disrupting live chats, or (x)
recording Live Streams or chats.

6.10 UPLOADER ensures Content complies with the 2257 Regulations (or similar rules).
UPLOADER retains age veri@cation documents and has established a “Custodian of
Records” as de@ned in the regulations.

6.11 UPLOADER will strive to ful@ll User orders promptly and accurately. UPLOADER can
decline orders. Failure to deliver might lead to refunds or deductions from UPLOADER’s
earnings.

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6.12 For the duration of their MV account and three months post-closure, UPLOADER
won’t divert MV business, UPLOADERS, or Users to competing websites.

6.13 UPLOADER won’t promote non-owned brands on the Platform, excluding their
personal brands. Watermarked promotions are permitted for owned brands.

6.14 UPLOADER has reviewed and will abide by the list of prohibited items found here
(https://mv-support.knowledgeowl.com/help/store-item-guidance), ensuring no
promotion or sale of these items on the Platform.

6.15 UPLOADER or their associates won’t solicit personal data from Users or agree to
meet in person.

6.16 UPLOADER won’t misrepresent MV services or give misleading statements


regarding MV’s Platform services or these TOS.

6.17 UPLOADER will adhere to all local laws, regulations, and additional MV terms,
guidelines, or policies.

6.18 UPLOADER will ful@ll closed-captioning requirements of the Americans with


Disabilities Act (ADA). If UPLOADER opts not to use closed-captioning, they alone bear
legal liabilities arising from any related action.

7. TERM AND TERMINATION

7.1 Effective Date: These TOS activate upon UPLOADER's initial use of the Platform and
continue as long as UPLOADER utilizes it. UPLOADER can terminate the account
whenever desired, at UPLOADER's sole discretion.

7.2 MV's Termination Rights: MV can end these TOS and UPLOADER's account at any
given time, with or without reason. If MV terminates UPLOADER's account due to a
material violation or breach of these TOS, UPLOADER acknowledges that any
outstanding amounts owed by MV to UPLOADER will be forfeited.

7.3 Rights Post-Termination: Regardless of the TOS's termination, all rights granted to
MV by UPLOADER during its tenure remain intact.

8. TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS, AND LOGOS

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The “Marks” (trademarks, services marks, trade names, trade dress, and logos) detailed
on the Platform, as well as associated with any products available there, belong
exclusively to MV or its licensors. They cannot be copied, imitated, or used, in full or part,
without MV's or its licensors' written consent. This also applies to page headers, custom
graphics, button icons, and scripts. MV will vigorously defend its intellectual property
rights.

9. CONFIDENTIAL INFORMATION; NON-CIRCUMVENTION

9.1 Con@dentiality: For the duration of these TOS and ten (10) years post-termination,
both parties must uphold the con@dentiality of any disclosed proprietary information,
regardless of its form. MV’s proprietary details cover, but aren’t restricted to, aspects like
its Platform, software, employees, customers, ahliates, service providers, intellectual
assets, features, designs, data, and business practices. Any breach of this con@dentiality
by UPLOADER will incur a @ne of @fty-thousand ($50,000.00) dollars per occurrence.

9.2 Non-Circumvention: Throughout these TOS and for three (3) years after their
conclusion, UPLOADER commits to not bypass MV in any manner to initiate or attempt a
business relationship with MV's associates, ahliates, or sub-licensees that could
jeopardize MV. Any contravention of this commitment will result in a @fty-thousand
($50,000.00) dollar penalty per incident.

10. EXTERNAL LINKS

10.1 Inbound External Links: UPLOADERS, in adherence to these TOS, can link to the
Platform to showcase their Content from third-party sites or platforms, as long as these
third-party sites have comparable TOS and don’t support or advertise prostitution.

10.2 Outbound External Links: UPLOADERS mustn't add or mention links leading away
from the Platform in their Content, pro@le, or any related area, unless explicitly allowed.
To elucidate, UPLOADERS can link to sanctioned social media sites or speci@c links on
the Platform.

Should MV detect any deviation from Section 10's stipulations, MV holds the right to
promptly close UPLOADER's account. MV isn’t accountable for content, privacy policies,
or data collection of external sites.

11. MV Ads

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11.1 MV Ads: MV offers the option for UPLOADER to purchase advertising space on MV
to promote UPLOADER Content and pro@le visibility to Members on MV’s popular
page here (https://www.manyvids.com/Popular-vids/) (“Ad Space”). UPLOADER
acknowledges that the precise number of views and trahc, during a purchased
Advertising Period (as de@ned below), may vary based on the total number of ads
purchased for that period. Ad visibility will be allocated equally between all ads
purchased for a speci@c Advertising Period.
Ad Space shall only be used to advertise internally within MV. It may not be used to
advertise or promote third-party items or services; this exclusion includes external links
and UPLOADER’s accounts on Third-Party Sites (as de@ned in Section 3.7).

11.2 Ads: Ad Space shall only be used to advertise Content already uploaded to
UPLOADER’s pro@le. Members that have identi@ed:
• a “Straight” preference for their pro@le will only see ads from the “Default/Straight”
category;
• a “Gay” preference for their pro@le will only see ads from the “Gay” category;
• a “Trans” preference for their pro@le will only see ads from the “Trans” category; and
• an “All” preference for their pro@le will see an equal distribution of ads from all
categories.
The ad category deemed applicable to the Member will rotate equally between the ads
purchased for the Advertising Period.

11.3 Ads Approval Requirement: All potential advertising Content shall be subject to
screening and moderation and must @rst be approved by the MV Support Team. This
approval process may take up to three (3) business days. MV reserves the right to reject
ads that do not comply with the TOS herein or the Platform Rules found here
(https://info.manyvids.com/home/). Ads advertised on MV are subject to the same
Terms of Service applicable to Content and must comply with the Platform Rules. Ads
found in violation or breach of any of the TOS or Platform Rules that apply to Content
will face the same consequences.

11.4 Advertising Period: Ad Space is purchased as a twenty-four (24) hour block (the
“Advertising Period”) and can be purchased up to one (1) month in advance of the
desired Advertising Period. Advertising Periods start at 12:00 A.M. and end at 11:59 P.M.
UTC. Ad Space can be bought up to three (3) business days before the start of an
Advertising Period. UPLOADER acknowledges that MV reserves the right to decline
requests for Ad Space if MV determines that UPLOADER has bought too many
Advertising Periods within a single month.

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11.5 Transfer: If UPLOADER desires to modify the Content or Advertising Period for the
Ad Space, UPLOADER must reach out to the MV Support Team. Changes or new
approvals within three (3) business days of the Advertising Period will not be permitted,
and MV reserves the right to decline any transfer request.

11.6 Pricing and Payment: MV retains the right to adjust ad prices based on various
factors, including anticipated trahc for a speci@c Advertising Period. An invoice will be
provided to UPLOADER before payment. If there's any discrepancy between the MV
Platform's listed price and the invoice's listed price, the invoice price will stand.

Ad Space can be acquired using a credit card. If there are problems with credit card
payments, MV might offset the debt with UPLOADER’s pro@le earnings. Reversing
charges on Ad Space purchases can lead to restrictions on UPLOADER’s future Ad
Space acquisitions or other MV services, or even suspension or termination of the
account.

If UPLOADER no longer wants to advertise during a speci@c period and doesn't wish to
transfer the purchase, they can withdraw their Ad Space request and seek a refund by
giving at least seven (7) calendar days’ notice to the MV Support Team
at help@manyvids.com (mailto:help@manyvids.com). Refunds will not be issued for
requests made less than seven (7) days before the bought Advertising Period. If
UPLOADER breaches terms, leading to termination of Ad Space rights, no refunds will be
provided.

12. MISCELLANEOUS

12.1 Notices: Notices to MV from UPLOADER can be emailed to: help@manyvids.com


(mailto:help@manyvids.com). MV can send notices to UPLOADER using the email
linked to UPLOADER's account or via the “noti@cation” or “messaging” sections of the
Platform. UPLOADER must frequently check these sections. All notices are legally
binding upon receipt.

12.2 Jurisdiction and Applicable Law: These TOS shall be governed by and construed in
accordance with the laws of the Province of Quebec and the federal laws of Canada
applicable therein; the application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. The UPLOADER and MV irrevocably

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agree that the courts of Montreal, Quebec, Canada shall have exclusive jurisdiction to
settle any dispute or claim that arises out of or in connection with these TOS or their
subject matter or formation (including non-contractual disputes or claims).

12.3 Language: If these TOS are translated into any other language, it will be for
information purposes only and the English language will prevail in the event of any
conlict between the translated version and the English-language version.

12.4Entire Agreement: These TOS set forth the entire agreement between the
UPLOADER and MV and supersedes all other written or oral agreements. If any provision
of these TOS is held invalid under applicable law, such provision shall be ineffective only
to the extent of such invalidity, without invalidating the remaining provisions of these
TOS.

12.5 No Assignment: These TOS, and any rights and licenses granted hereunder, may
not be transferred or assigned by you but may be assigned by us without restriction.

12.6 No Other Limitations: Nothing herein shall be construed to limit or prevent either
UPLOADER or MV’s abilities to conduct their respective business with respect to matters
not speci@cally addressed under these TOS.

12.7 Choice of Language: UPLOADER and MV have elected that these TOS and any
related documents be drafted in English.

12.8 If UPLOADER has any questions or grievances regarding these TOS or the Platform,
they should contact us at help@manyvids.com (mailto:help@manyvids.com).

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