Terms and Conditions / User Agreement

DATED 2024-01-06 · VERSION 20240106_rev01 · COMPARED WITH 20231207_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20231207_rev01 to 20240106_rev01

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

+Effective Date: December 07, 2023
+Effective Date: January 06, 2024
 Last Modified: April 06, 2023
 Sites Covered: [https://xhamster1.desi/](https://xhamster1.desi/)
 ### Introduction
+Welcome to Our Site's User Agreement (hereinafter referred to as the "Agreement" or "Terms and Conditions" or "Terms"). 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 may contain content published 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 arise between third parties 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 communication with third parties and click links of third parties, as We are not responsible for any interactions occurring between Our Users and third parties. We encourage You to independently research any information found in Our advertisements, before making any decisions. We hope that You enjoy Our services, and anticipate that You will find Our Agreement useful and informative. Should You have any questions or comments regarding Our Agreement, or Our policies, please feel free to contact Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#ee868b829eae96868f839d9a8b9cc08d8183). 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 referred to as the "Agreement" or "Terms and Conditions" or "Terms"). 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 may contain content published 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 arise between third parties 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 communication with third parties and click links of third parties, as We are not responsible for any interactions occurring between Our Users and third parties. We encourage You to independently research any information found in Our advertisements, before making any decisions. We hope that You enjoy Our services, and anticipate that You will find Our Agreement useful and informative. Should You have any questions or comments regarding Our Agreement, or Our policies, please feel free to contact Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#523a373e22122a3a333f212637207c313d3f). 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 Parties referred to in this Agreement are defined as follows:
 .1.1 **Company** is the operator of the [https://xhamster1.desi/](https://xhamster1.desi/) Website . "Company" has the meaning defined in this Agreement. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these pronouns are referring to the Company and/or to any other sites that We may choose to operate in the future. Additionally, when the terms "the Site" or "Site" or the "Website" 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 and videos (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 referred to as the "Materials").
 .2.10 A verified Member has the right to participate in Our Referral Program, as it is described in Appendix 1 to this Agreement.
 **2.3 Deactivation or termination of Your Membership or User Account.**
 .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 the "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 any deactivation or 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. It is hereby emphasized that the purpose of the "Deactivation" option is to allow You to close Your account and make it publicly unavailable and it is not to delete any or all of Your Content and account permanently. After a deactivation, Your account may only be restored if You had provided Us with an e-mail address and only in cases where such e-mail address has been verified.
+In accordance with Our Privacy Policy ([https://xhamster1.desi/info/privacy](https://xhamster1.desi/info/privacy), You also have the right to delete Your account and all information that We store about You permanently. In order to do so, please send Us an e-mail at [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#fc9499908cbc84949d918f88998ed29f9391) or use Our contact form available at [https://xhamster1.desi/info/contact?subject=gdpr](https://xhamster1.desi/info/contact) by selecting the "Request to remove personal information" option.
+In accordance with Our Privacy Policy ([https://xhamster1.desi/info/privacy](https://xhamster1.desi/info/privacy), You also have the right to delete Your account and all information that We store about You permanently. In order to do so, please send Us an e-mail at [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#96fef3fae6d6eefef7fbe5e2f3e4b8f5f9fb) or use Our contact form available at [https://xhamster1.desi/info/contact?subject=gdpr](https://xhamster1.desi/info/contact) by selecting the "Request to remove personal information" option.
 .3.2 Without limiting other remedies, We may immediately issue a warning, temporarily or indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
 .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;
 .3.2.2 We are unable to verify or authenticate any information You provide to Us;
 **3.2 WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY. ANY SUCH ATTEMPT WILL BE IMMEDIEDLY REPORTED TO THE APROPRIATE LAW ENFORCEMENT AGENCY.**
 **3.2.1 You represent and warrant that Your Content contains nothing involving minors that may be considered pornographic under both national or international law or any other applicable law in any jurisdiction, as We strictly prohibit the use of such content in relation to Our Services.**
 **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 those engaging in this kind of material.**
+**3.2.3 In order to safeguard Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site, in the exceptional situation that this will occur. If You see any images or other depictions that are questionable, You are urged to report these images immediately by emailing Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#e088858c90a09888818d93948592ce838f8d).**
+**3.2.3 In order to safeguard Our zero-tolerance policy, You agree that You will report any images, real or simulated, that appear to depict minors on Our Site, in the exceptional situation that this will occur. If You see any images or other depictions that are questionable, You are urged to report these images immediately by emailing Us via [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#741c111804340c1c1519070011065a171b19).**
 **3.2.4 In Your report You should include any appropriate evidence, including the date and time of identification. All reports will be investigated immediately and all appropriate actions will be taken.**
 **3.2.5 If such exceptional situation occurs, We shall cooperate with the appropriate law- enforcement agency of the relevant jurisdiction. If You suspect other third-party websites participating in any unlawful activities involving minors, please report them to a reporting service such as Your local law-enforcement agency or ASACP.org: [https://www.asacp.org/](https://www.asacp.org/).**
 **3.2.6 We are committed to making the use of Our Site a safe and pleasant experience for Our Members, and We are committed to combat any kind of illegal content, including but not limited to, minors. In order to do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically make audits of Member correspondences, Materials, Content, profiles and forums within the Site, which include the usage of any communication system offered via the Services. To effectively combat any illegal content which may appear in a Member's communication, You consent to such audits being conducted with the help of a third-party service provider.**
 .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;
 .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.
 .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.
+.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. We strongly suggest reporting such request along with the username of the requesting member immediately at [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#741c111804340c1c1519070011065a171b19) or at Your local law enforcement authorities.
+.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. We strongly suggest reporting such request along with the username of the requesting member immediately at [\[email protected\]](https://xhamster1.desi/cdn-cgi/l/email-protection#6008050c10201808010d131405124e030f0d) or at Your local law enforcement authorities.
 .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 as well as any other measures We deem, in Our sole discretion, as necessary.
 .4 You agree to cooperate with Us in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates the laws of any jurisdiction, National, European, or international legislations or otherwise, 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 **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 euros (5,000 EUR) plus any and all fees associated with recovery of these damages, including attorney's fees and costs plus the damages that the Company suffers as a result of violation of this clause.
 .3 Any of Your submissions are compliant with all applicable laws, including but not limited to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide such documents as required upon Your Verification and/or Content submission.
 .4 Our Company respects the intellectual property rights of all parties. Although Our Company is not based in the United States, in order to protect the intellectual property rights of all parties, We have implemented certain policies in an effort to voluntarily comply with legislations, such as the Digital Millennium Copyright Act ("DMCA") and have, therefore, adopted a Policy for Claims of Copyright Infringement (the "DMCA Policy"). Our DMCA Policy, available here: [https://xhamster1.desi/info/dmca](https://xhamster1.desi/info/dmca), has a strict procedure regarding removing content that is allegedly infringing copyrights and/or intellectual property rights.
 .5 The Site does not endorse any Member submission, and expressly disclaims any and all liability in connection with Member submissions. The Site does not permit copyright infringing activities or infringement of intellectual property rights on the Site, and reserves the right, without being obliged to do so, to promptly, and without an obligation to provide any prior notice, remove all content and Member submissions, if properly notified per Our DMCA Policy of copyright infringements of a third party's intellectual property rights. We reserve the right to terminate the member access and/or privileges of repeat infringers.
+.6 **DMCA Agent Protection** - This Website has a right but not an obligation to offer a protection service to the uploaded videos of its Verified members (the "DMCA Protection") on the terms and conditions defined in this clause. Verified members can activate the DMCA Protection when uploading their videos on the Website or, at any time, through the settings in their personal account. Verified members may enable the DMCA protection for all videos uploaded in the past and in the future. We can assist You with the protection of Your copyrights once the DMCA Protection feature is activated. If any of Your video(s) is/are illegally uploaded on another platform, DMCA Protection allows You to request its/their deletion using the Website
+.6. This Website reserves the right, but not the obligation, to assist You with the safeguarding Your copyrights. In the event that any of Your Content is illegally uploaded on another platform, website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You maintain the right to use any means necessary to protect Your Content from copyright infringement.
+.6.1. To protect Your videos from any illegal uploads through DMCA Protection, You give Us and Our contractors the exclusive right to all Your videos for a limited purpose, namely, for the purpose of submitting the notice of copyright infringement, as defined in the DMCA. By activating DMCA Protection, You understand that We only have a right, but not an obligation, to protect Your Content and such right will solely be for the purpose of submitting a Notice of Claimed Infringement and not for any other means or for any other purposes. Notwithstanding the aforementioned, You understand that You retain the right to submit a Notice of Claimed Infringement by Yourself or use any other means to protect Your videos from copyright infringement.
+.6.2. When activating DMCA Protection, You authorize Us and Our contractors to act as Your agents for the submission of the notice(s) of copyright infringement for possible copyright infringements. In doing so, and exclusively for this purpose, in addition to the rights provided under this Agreement, You give Us all necessary copyrights to Your videos. By doing this You swear, under penalty of perjury, that You are the copyright owner or authorized by the copyright owner to act on their behalf. You also state that You have good faith belief that the use of Your videos in any third-party websites was not/is not/will not be authorized by You, the company You represent, or its agents and You have not voluntarily granted exclusive rights of the videos and/or content to any third party. You also acknowledge that You understand that We only have a right, but not an obligation, to protect Your videos and/or content and such right will solely be for the purpose of submitting a notice of Claimed Infringement and not by any other means or for any other purposes, such as any subsequent court claims.
 .7 For the purposes of this section, "nudity" is the imagery of nude adults depicting female or male genitalia, anus and/or fully nude close-ups of buttocks or uncovered nipples.
 As an exception to the rule included in section 6.1. of these Terms, according to which only Verified Members may submit material to Us, all Members may upload a main photo on the Site as an avatar using the "edit profile" section. To upload a main photo as an avatar (main photo/s), the Member shall understand and warrant the following:
 .7.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in these Terms.
 .7.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly available.