Terms and Conditions / User Agreement

DATED 2023-02-02 · VERSION 20230202_rev01 · COMPARED WITH 20220708_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20220708_rev01 to 20230202_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Effective Date: July 08, 2022
+Effective Date: February 02, 2023
+Last Modified: December 06, 2021
+Last Modified: June 01, 2022
 Sites Covered: [https://xhamster1.desi/](https://xhamster1.desi/)
 ### Introduction
+Welcome to Our Site's User Agreement (hereinafter "Agreement" or "Terms and Conditions.") The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. You should therefore take some time to read the Agreement carefully. Our Site is different from many other websites on the Internet as it contains advertisements, communications, and links posted by independent third parties, over which We exert no control and with which there is not necessarily any direct association. We do not get involved in any disputes that may develop between Our advertisers and others, and We do not facilitate communication between third parties. Therefore, You are urged to use Your own good judgment and common sense when responding to such advertisements, as We are not responsible for any interactions occurring between Our Users and Our advertisers. Federal law protects sites like Ours from civil claims, so We encourage You to independently research any information found in Our advertisements, before making any decisions. We hope that You thoroughly enjoy Our services, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our Site, or its policies, please feel free to contact Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#78101d140838001019150b0c1d0a561b1715). The laws of Your individual city, county, state, province or nation may regulate the activity discussed or promoted by the Site, or by third parties communicating on the Site. Check Your local laws before taking part in any such activities.
+Welcome to Our Site's User Agreement (hereinafter "Agreement" or "Terms and Conditions.") The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. You should therefore take some time to read the Agreement carefully. Our Site is different from many other websites on the Internet as it contains advertisements, communications, and links posted by independent third parties, over which We exert no control and with which there is not necessarily any direct association. We do not get involved in any disputes that may develop between Our advertisers and others, and We do not facilitate communication between third parties. Therefore, You are urged to use Your own good judgment and common sense when responding to such advertisements, as We are not responsible for any interactions occurring between Our Users and Our advertisers. Federal law protects sites like Ours from civil claims, so We encourage You to independently research any information found in Our advertisements, before making any decisions. We hope that You thoroughly enjoy Our services, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our Site, or its policies, please feel free to contact Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#eb838e879bab93838a86989f8e99c5888486). The laws of Your individual city, county, state, province or nation may regulate the activity discussed or promoted by the Site, or by third parties communicating on the Site. Check Your local laws before taking part in any such activities.
 ## 1\. Preliminary Provision
 **1.1 Party Definitions** - The operative parties referred to in this Agreement are defined as follows:
+**1.1.1** Hammy Media, Ltd. is the operator of [https://xhamster1.desi/](https://xhamster1.desi/). Hereinafter, Hammy Media, Ltd. shall be referred to as "Company." When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company and/or to any other site that we may choose to operate in the future. Additionally, when the terms "the Site" or "Site" are used, these terms refer to [https://xhamster1.desi/](https://xhamster1.desi/), any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site(s), and the services the Site provides ("Services"), may contain images and content (collectively referred to as the "Content") and text, software, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, "Materials").
+**1.1.1** Company is the operator of [https://xhamster1.desi/](https://xhamster1.desi/). "Company" has a meaning as it defines in this Agreement. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Company and/or to any other site that we may choose to operate in the future. Additionally, when the terms "the Site" or "Site" are used, these terms refer to [https://xhamster1.desi/](https://xhamster1.desi/), any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. Our Site(s), and the services available to the Site and that the Site provides ("Services"), may contain images, video and content (collectively referred to as the "Content") and text, software, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Company (collectively, "Materials").
 **1.1.2 You, the User** - As the User of this Site and/or Services, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. You certify that You are over eighteen (18) years of age.
+**1.1.3 User vs. Member vs. Verified Member** - For the purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site to make this Agreement apply to You. You are not considered a Member as defined by this Agreement until such time as You have submitted Your online account Registration (hereinafter "Registration"). You become a Member by registering with the Site for a User ID and password as required by the Registration, as discussed below, or enabling and participating in one of Our live communication features on the Site as a guest. You are not considered a Verified Member as defined by this Agreement until such time as You have submitted Your online application to participate in our Creators' Program (hereinafter "Verification") subject to these Terms and Creators' Program Terms. You become a Verified Member once your application has been reviewed by Us and Your online account was accepted into the Creators' Program.
+**1.1.3 User vs. Member vs. Verified Member** - For the purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site to make this Agreement apply to You. You are not considered a Member as defined by this Agreement until such time as You have submitted Your online account Registration (hereinafter "Registration"). You become a Member by registering with the Site for a User ID and password as required by the Registration, as discussed below, or enabling and participating in one of Our live communication features on the Site as a guest. Registration is available without the providing of your e-mail address. Also, registration is available via "Sign up with Google" function, that is available in the registration page of the Site. You are not considered a Verified Member as defined by this Agreement until such time as You have submitted Your online application to participate in our Creators' Program (hereinafter "Verification") subject to these Terms and Creators' Program Terms. You become a Verified Member once your application has been reviewed by Us and Your online account was accepted into the Creators' Program.
 **1.2 Electronic Signatures / Assent Required:**
+**1.2.1** Nobody is authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. You manifest Your agreement to this contractual Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words "I agree" or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site's interface, then you have legally agreed to all of these Terms and Conditions. Additionally, by using any of Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
+**1.2.1** Nobody is authorized to access the Site or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 and similar federal and state laws. You manifest Your agreement to this contractual Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked or will click a button containing the words "I agree", "Sign Up" or some similar syntax or use "Sign up with Google" function in order to register on our Website. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You click any link, button, or other device provided to You in any part of Our Site's interface, then you have legally agreed to all of these Terms and Conditions. Additionally, by using any of Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
 **1.2.2** If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services, despite any payments made or subscriptions sold to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay Us two hundred and fifty dollars ($250.00) each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorney's fees and costs, incurred in collecting this unauthorized access fee from You.
 **1.3** If You are seeking information regarding any illegal activities, please leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the community standards in your community, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site does not offend the community standards prevalent in Your community.
 **1.4** You agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country.
 **1.5.2** We agree that if We change anything in this Agreement, We will change the "last modified" date at the top of this Agreement so that it is immediately obvious that We have updated the Agreement. The Agreement is located at https://xhamster1.desi/info/terms and a link to the Agreement is also at the bottom of the home page of the Site. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
 **1.5.3** Waiver - if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
 **1.6** Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
+**1.6.1** Privacy Policy (available via [https://xhamster1.desi/info/privacy](https://xhamster1.desi/info/privacy));
+**1.6.2** Cookies Policy (available via [https://xhamster1.desi/info/cookie-policy](https://xhamster1.desi/info/cookie-policy));
+**1.6.3** DMCA Notice & Takedown Policy and Procedures ([https://xhamster1.desi/info/dmca](https://xhamster1.desi/info/dmca)).
 ## 2\. Explanation of Account Access and Membership
 **2.1 Access and Limited License**
 **2.1.1** All Users may access certain public areas of the Site. You understand that all We are providing You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any Internet access or other fees that You incur to access Our Site and use Our Services are Your sole responsibility. We are not providing any hardware nor software to You - and You need to purchase or license the necessary hardware and software to access the Site and Services. This Agreement covers all public and non-public areas of the Site.
 **2.2 Membership or User Account**
 **2.2.1** Although much of the Site is available without creating an account, to access certain features of the Site and Services, You must either register as a Member of the Site or become a Verified Member.
 **2.2.2** In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Registration (such information being the "Registration Data"); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a Member.
+**2.2.2.1** As part of Registration, You will be issued or choose a unique username and password which You must provide in order to gain access to the non-public portions of the Site.
+**2.2.2.1** As part of Registration, You will be issued or choose a unique username and password which You must provide in order to gain access to the non-public portions of the Site. You also may obtain access to the non-public portions of the Site if you registered on the Site via "Sign up with Google" function.
 **2.2.2.2** You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third-party.
+**2.2.3** Community User - Upon completing the Registration, You may choose to become a Community User by submitting a photographic image containing Your face and handwritten text of Your username and "xHamster.com."
+**2.2.3** Community User - Upon completing the Registration, You may choose to become a Community User by submitting a photographic image containing Your face and handwritten text of Your username and "xHamster.com.". If you comply with requirements described herein, you will receive special mark, that confirms your status as Community User.
 **2.2.4** Verified Member - this option is available to all Members and is offered for the purpose to allow Members to activate Creators' Program features, including but not limited, uploading Content to the Site. Member's verification means that such User's documents (documents containing your full legal name, picture, date of birth and other identifying features such as your address) and data have been verified by a third-party service provider as engaged by Us from time to time, and We do not accept any liability for the services provided by it. All data processing is done pursuant to our Privacy Policy and the service provider's privacy policy. We may request additional documents from a Member for Verification to establish Your age and identity both prior and after the Verification, and We may also change the number of documents requested from Members from time to time in Our sole discretion. Types of documents accepted for Verification purposes are not the same for everyone and are set on a country basis between Us and the service provider, and may include one or several of the following: national ID, national passport, international passport, citizenship card, state ID, driver's license (only for countries where a national ID or passport is not mandatory). We reserve the right to review all and any verification results received from the service provider engaged at a time and render Our own final and binding decision as to the acceptance of data provided. However, should the Site verify the identity of a particular Member, this verification does not reflect or have any bearing on such Member's reputation. Verified Members are in no way endorsed by the Site or its agents and have not been subjected to any screening process except as described above in this provision. Therefore, We specifically disclaim any and all liability associated with any communication, both online or offline, with a Verified Member.
 **2.2.5** Members are permitted to create one account only.
+**2.2.6** Membership may not be transferred or sold to a third party.
+**2.2.6** Membership may not be transferred or sold to a third party unless otherwise permitted by us in written form.
 **2.2.7** You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account.
+**2.2.8** Premium Membership - User access to the Site is free of charge. We do not provide paid memberships of any kind. Any premium memberships or subscriptions made available via the Site are provided in part or entirely by third parties regardless of any branding or names associated with such memberships. The Site is not responsible for the activities of any third party or the content of any third party site, including a third party's use of cookies or any other information (such as IP address, browser type or operating system) collected when You click through links on the Site to their sites or view advertisements. Links to such third party sites are not to be taken as an endorsement by the Site of the third party site or any products promoted, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties. You are responsible for reviewing any terms and conditions of membership on third party sites.
+**2.2.8** User access to the Site is free of charge. We do not provide paid memberships of any kind. Any premium memberships or subscriptions made available via the Site are provided in part or entirely by third parties regardless of any branding or names associated with such memberships. The Site is not responsible for the activities of any third party or the content of any third party site, including a third party's use of cookies or any other information (such as IP address, browser type or operating system) collected when You click through links on the Site to their sites or view advertisements. Links to such third party sites are not to be taken as an endorsement by the Site of the third party site or any products promoted, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties. You are responsible for reviewing any terms and conditions of membership on third party sites.
+**2.2.9** Verified Member has a right to participate in our Referral Program as it describes in Appendix 1 to this Agreement.
 **2.3 Termination of Your Membership or User Account.**
+**2.3.1** You may cancel Your membership at any time by going to [https://xhamster1.desi/my/edit/profile](https://xhamster1.desi/my/edit/profile). Click on "Delete Account" link in the bottom of the form, enter your password and click "Delete Account" button. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon Our processing of Your request to cancel Your Member account, You will no longer have access to the non-public areas of the Site to which You were a Member.
+**2.3.1** You may cancel Your membership at any time by going to [https://xhamster1.desi/my/edit/profile](https://xhamster1.desi/my/edit/profile). Click on "Deactivate account" link in the bottom (on the left side) of the form, enter your password and click "Deactivate account" button. This Agreement's provisions shall survive its termination, unless otherwise stated. Upon Our processing of Your request to cancel Your Member account, You will no longer have access to the non-public areas of the Site to which You were a Member.
 **2.3.2** Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
 **2.3.2.1** We believe, in Our sole discretion, that You have breached any material term of this Agreement or the document(s) it incorporates by reference;
 **2.3.2.2** We are unable to verify or authenticate any information You provide to Us;
 **2.4.2 Stolen or Fake IDs:** We take ID fraud very seriously. Discovery that any Member has used a stolen or fraudulent ID in the process of Member verification or co-performer verification pursuant to Creators' Program features will result in the notification of the appropriate law enforcement agencies and termination of such Member's account.
 **2.5** You agree that Your Content will comply with all provisions set forth in this Agreement. Your Content includes any text, images, video, blog posts, forum comments, or other content or media uploaded or otherwise provided by You for Us to make available on the Site or Services ("Your Content").
 **2.6** Subject to Your acceptance of this Agreement, We grant You a limited, non-exclusive, non-transferable personal license to access and use the Site, Materials, and the Services contained therein. We provide the Materials and Services on this Site for the personal, non-commercial use by Users of the Site. Users of this Site are granted a single copy license to view Materials.
+**2.7** All Materials and Services available on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited, unless consented to by Us. If You are a business entity or commercial concern, Your presence on the Site is not allowed unless it is expressly authorized in writing by Us. We reserve the right to pursue vigorous legal action against unauthorized login by business and commercial entities.
+**2.7** All Materials and Services available on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited, unless consented to by Us or you and we have signed separate agreement about such presence. If You are a business entity or commercial concern, Your presence on the Site is not allowed unless it is expressly authorized in writing by Us or you and we have signed separate agreement about such presence. We reserve the right to pursue vigorous legal action against unauthorized login by business and commercial entities.
 **2.8** We reserve the right to limit the amount of Materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You will not copy or redistribute any of the content appearing on this Site. We reserve the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or Materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
 **2.9 Service Interruption:** From time to time due to technological factors, scheduled software uploads and other factors beyond Our control, service may be temporarily interrupted. From time to time, certain features of the Site, such as the Site's email system, may not be available for use due to technological and other factors. From time to time, access to the Site and the ability to log into the Site may not be available due to technological and other factors. You agree to hold Us harmless against any such interruption of service.
 **2.10 Agreement to Receive Notifications and Other Communications:** We reserve the right to send electronic mail or other messages to You and to other Members. You understand and agree that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law and pursuant to our Privacy Policy. The purpose of this communication may include but is not limited to:
 **3.2.2 If You seek any form of pornographic materials involving minors (including "virtual" pornography involving minors), You must exit this Site and cease using Our Services immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.**
 **3.2.3 In order to further Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection)**
 **3.2.4 Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.**
+**3.2.5 We enthusiastically cooperate with any law-enforcement agency investigating child pornography, and comply with Title 18 U.S.C. 2258A relating to the mandatory reporting of actual pornography involving minors of which We become aware. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a reporting service such as ASACP.org:**
+**3.2.5 We enthusiastically cooperate with any law-enforcement agency investigating child pornography, and comply with Title 18 U.S.C. 2258A relating to the mandatory reporting of actual pornography involving minors of which We become aware. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to a reporting service such as ASACP.org: [https://www.asacp.org/](https://www.asacp.org/).**
 ## 4\. Content and Materials
 **4.1** Our Site(s) and Services contain images and content (defined in Section 1.1.1 as "Content") and text, software, images, graphics, data, messages, or any other information, and any other website owned, operated, licensed, or controlled by Us (defined in Section 1.1.1 as "Materials").
 **4.2** You acknowledge and stipulate that all of the Materials and Content constitute expressive content that, amongst other laws and regulations, may be fully protected by the First Amendment to the United States Constitution, and other similar legal principles.
 **5.2.32** Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any Member You meet on this Site;
 **5.2.33** Request or send money, or any other form of financial assistance, from or to any Member that You encounter on this Site;
 **5.2.34** Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
+**5.2.35** Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
+**5.2.35** Create a username, that consists only of keywords and categories, that are usually used for search optimization in the industry. It is also prohibited to exploit search engine optimization in order to obtain more views and popularity of your profile and interfere the work of the Company's search optimization;
+**5.2.36** Provide personal contact information such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
+**5.2.36** Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
+**5.2.37** Provide personal contact information such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
 **5.3 Restrictions on Interactive Communication Mediums.** The Site is intended to act as an avenue of communication and provide enjoyment to its Members. The Site supplies various opportunities to its Members to facilitate such communication via forums, discussion boards, blog-type publications, commenting features and other interactive chat capabilities.
+**5.3.1 Fraud and Scam Warning:** The Site has no way of determining the validity of any communication that You receive from another Member or the validity of the person behind such communications. You expressly understand and agree that if any other Member that You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is almost certainly a scam or a fraudulent scheme and You are at a very high risk of being defrauded. You will report such request along with the username of the requesting member immediately to Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection)hamster.com.
+**5.3.1 Fraud and Scam Warning:** The Site has no way of determining the validity of any communication that You receive from another Member or the validity of the person behind such communications. You expressly understand and agree that if any other Member that You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is almost certainly a scam or a fraudulent scheme and You are at a very high risk of being defrauded. You will report such request along with the username of the requesting member immediately to the Company via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection)
 **5.3.2** We reserve the right to review and/or reject any content created and/or posted by Users and We may delete any content contained within, but not limited to, the communication mediums set forth in Section 5.3, without warning, although the Site undertakes no obligation to monitor User content or take any such actions. We encourage Our Members to report any violations of these restrictions by other Members. Uploading prohibited depictions violates this Agreement, and may result in suspension or cancellation of Your account.
 **5.4** You agree to cooperate with Us in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violate any United States or international laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate Us to monitor or investigate any use of Our Services by Our Users or other third parties, other than as required by applicable law.
 **5.5 Interference.** Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of Our Materials or any other materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand dollars ($5,000) plus any and all fees associated with recovery of these damages, including attorney's fees and costs.
 **19.5 Headings.** All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
 **19.6 Complete Agreement.** This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site, Services and the Materials contained therein, and Your use of the Site and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
 **19.7 Other Jurisdictions.** We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
+- * *
+Appendix 1 to the Agreement
+**Terms and Conditions of Referral Program for Verified Members**
+PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF REFERRAL PROGRAM FOR VERIFIED MEMBERS (THE "TERMS") CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES TO ALL TERMS OF THE REFERRAL PROGRAM AND ALL GENERAL TERMS AND CONDITIONS OF THE SITE ([https://xhamster1.desi/info/terms](https://xhamster1.desi/info/terms)).
+The Company offers you an opportunity to earn rewards by inviting new Verified Members to the Site. Your participation in our Referral Program for Verified Members ("Referral Program" and/or "Program") can help you to earn rewards in case you follow the Terms.
+We reserve the right to terminate the Referral Program at any time for any reason. The Program is administered by the Company, which may outsource certain elements of administration to third parties.
+These Terms are applicable to new Verified Members participation in the Referral Program. By participating in the Referral Program, Verified Member ("You") agrees to use the Referral Program as outlined herein, and consistent with any other terms we may apply to the Referral Program. If you do not agree to these Terms in their entirety, then you cannot participate in the Referral Program.
+## 1\. SCOPE OF REFERRAL PROGRAM
+**1.1.** The Referral Program shall apply to Verified Member that decided to refer others to register on the Site, as Verified Members, (hereinafter "Referrer") and to the person (natural person and/or legal entity), that are referred by the Referrer to the Site (hereinafter the "Invited Member").
+**1.2.** The Referral Program provides each Referrer with the ability to earn rewards in case the following conditions are met:
+**1.2.1.** Referrer shall become a Verified Member as defined in General Terms and Conditions of the Site - https://xhamster.com/info/terms (the "General Terms").
+**1.2.2.** After the Referrer's successful and finalized registration as a Verified Member, the Referrer will receive a Referral Link (which is unique and personalized) via personal profile on the Site. Referral Link is a unique code that allows the Company to track that the Invited Member was invited by the Referrer.
+**1.2.3.** Referrer may share the Referral Link with any natural person or legal entity via any available sources of communication, e.g. via social media, e-mails, websites. Referrers must comply with all applicable laws and regulations and may not make any unlawful and/or unsolicited actions during the sharing of Referral Link. Referrer must comply with up-to-date "SPAM" laws and marketing regulations, which may include the laws of the jurisdiction where the intended Invited Member resides. Any distribution of the Referral Link that could constitute unsolicited commercial email or spam under any applicable law or regulation is expressly prohibited and will constitute grounds for immediate termination of your account and exclusion from Referral Program. The Company reserves the right to automatically disqualify suspicious Referrals.
+**1.2.4.** The Invited Member shall only be a natural person or legal entity that is new on the Site and that has never been registered on the Site. The Referrer may not receive any income from the Invited Member that was registered as a Verified Member on the Site prior to receiving the Referral Link from the Referrer. The Referrer shall not receive any income from rejected or incomplete registration attempts by the Invited Member.
+**1.2.5.** The Invited Member shall register as a Verified Member in accordance with the General Terms via Referral Link of the Referrer. We shall not pay any reward to the Referrer if the registration as Verified Member of the Invited Member was made without Referral Link. It is an obligation of the Referrer to provide Invited Member with Referral Link, and we bear no responsibility if registration as Verified Member was made without such Referral Link.
+**1.2.6.** The Referrer may receive five percent (5%) of the total income, which the Invited Member will receive from the Company during twelve (12) months after registration as a Verified Member. The Company, at its sole discretion, reserves the right to define sources of income of the Invited Member that will count towards calculation of the Referrer's reward. The Company will place such sources and Referrer's reward on a special web page available for the Referrer.
+**1.2.7.** The duration of the Referral Program is twelve (12) months after the registration of the Invited Member as a Verified Member. The duration of the Referral Program starts from the date of the creation of the account by the Invited Member (not from the date of verification of this account, not from the upload date of its first uploaded video, etc.).
+**1.3.** The Referrer may not earn more than $50,000 (Fifty Thousand US dollars) for one Invited Member for the whole duration of the Referral Program.
+**1.4.** To raise the possible reward of the Referrer, the Company may collaborate with third-party service providers. In such a case, if the Invited Member registers on the website(s) of third-party service providers, then the Invited Member's latter registration will be automatically linked with the Referrer for the purpose of receiving an additional reward. In case that such interaction increases the income of the Invited Member, the Referrer will be awarded with an extra reward.
+The following rules are applicable for the Referrer and for the Invited Member in connection with the said third-party service providers:
+\- The duration of the Referral Program starts from the date of the creation of the account by the Invited Member on the Site or on website(s) of the third-party service providers, depending on which action occurred first.
+\- You give us the right to transfer your personal data to the said third-party service providers in accordance with our Privacy Policy.
+\- At the same time, we do not own and/or operate third-party service providers' website(s). You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, do not screen or endorse them, and are not responsible for or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We encourage you to read the terms and conditions and/or privacy policy of the said third-party service providers carefully prior to entering legal relationships with them.
+## 2\. PAYMENT TERMS
+**2.1.** Company is obliged to pay Referrer a fixed income share percentage of the Invited Member in case the procedure described in the Terms was met.
+**2.2.** The precise amount payable shall be disclosed to the Referrer via the special web page with Referrer's reward statistics.
+**2.3.** The Company reserves the right to cancel or change the payment methods available to Referrers, the timing of payments, the minimum referral fees required for payment, and any other payment terms in its own discretion, without prior notice. You acknowledge and agree that it is your responsibility to review the Site periodically for any changes to the payment terms.
+**2.4.** The Company reserves the right to determine the manner in which payments shall be processed. Payments shall be usually made on a monthly basis if another term is not specified separately by the Company.
+**2.5.** You acknowledge and agree that the Company is not responsible for any currency conversion charges or fees you may incur as a result, or for any fluctuations in the respective value, if any.
+**2.6.** It is your responsibility to determine which, if any, taxes apply to the payments connected with the Referral Program, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to your payments in connection with the Referral Program and does not act as your tax agent.
+**2.7.** The Company reserves the right to monitor the actions of the Referrer in order to define whether the Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may impose fines and other kinds of legal liability to the Referrer, including, without limitation, the withholding of earned rewards of the Referrer.
+## 3\. ELIGIBILITY
+**3.1.** To participate in the Referral Program the Referrer must meet the following criteria:
+**3.1.1.** The Referrer must be at least 18 years old or of other legal age, according to Referrer's relevant jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
+**3.1.2.** The Referrer must finish the registration as Verified Member according to the General Terms.
+**3.1.3.** The Referrer must have full power and authority to enter into this legal relationship, and by doing so will not violate any other legal relationships.
+**3.1.4.** The Referrer must ensure that Invited Member is at least 18 years old or of other legal age, according to Invited Member's relevant jurisdiction and that the Invited Member is registered as Verified Member.
+**3.1.5.** The Referrer and Invited Member must fully comply with General Terms.
+**3.1.6.** The Referrer must not use any illegal content, ways and/or actions to attract Invited Members to register on the Site. In the event that we believe, at our sole and absolute discretion, that the Referrer violates these Terms and General Terms, your account with the Company will be immediately terminated, and all rewards that would have otherwise been payable to you hereunder will be deemed surrendered by you in partial payment of the damages for your breach.
+**3.1.7.** The Referrer must not engage in any type of spamming. No spamming of any kind or in any form, whatsoever, is permitted in relation to Referral Program.
+## 4\. MISCELLANEOUS PROVISIONS
+**4.1.** In case the definition in these Terms does not have its meaning, it shall be understood as it appears in the General Terms.
+**4.2.** All terms and conditions of the General Terms shall be applicable to the Referral Program unless otherwise is specified in these Terms.
+**4.3.** Referrer's participation in the Referral Program does not authorize Referrer to act on our business', its parent's or their respective affiliates' behalf. Nothing herein is intended or will be construed to constitute or imply a joint venture, employer-employee relationship, partnership, or association between Referrer and the Company, its parent or their respective affiliates. By participating in the Referral Program, Referrer acknowledges that Referrer does so at Referrer's own risk and as an independent contractor, and that the Company is not directing how Referrer fulfils its obligations hereunder.
+**4.4.** By participating in the Program, you agree to and will indemnify and hold our business, its parent, and their respective affiliates harmless from and against any and all damages, costs, expenses, claims, or liabilities of any kind, including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to your participation in the Program or breach of these Terms.
+**4.5.** The Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. The Company reserves the right to close the account(s) of any Referrer and/or Invited Member and to request proper payment if the Referrer and/or Invited Member attempts to use the Referral Program in a questionable manner or breaches any of these Terms or is in violation of any law, statute, or governmental regulation. All of the Company's decisions are final and binding.
+**4.6.** The Company reserves the right to cancel the Referral Program or to change these Terms at any time at its sole discretion. The Program is subject to modification or termination at any time without notice at the Company's sole discretion.