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TERMS OF USE

Effective date: November 21st, 2024

Last modified: July 8th, 2024

Read in:
EnglishČeštinaDanskDeutschEestiEnglishEspañolFrançaisGaeilgeHrvatskiItalianoLatviešuLietuviųMagyarMaltiNederlandsPolskiPortuguêsRománǎSlovenčinaSlovenščinaSuomiSvenskaΕλληνικάБългарски
1. Eligibility2. Grant of Use3. Intellectual Property4. User Identity
Verification5. User Submissions6. Content on the Website7. User/Model Conduct8.
Tokens and Payments9. Services on Website10. Trust & Safety11. Recommendation
Systems12. Recordings13. Privacy Policy14. Copyright and Intellectual Property
Claims15. Modification of These Terms16. Indemnification and Release17.
Disclaimer of Warranties and Limitations of Liabilities18. Alternative Dispute
Resolution (ADR)19. Choice of Law and Venue20. General Terms
1. Eligibility


In Short

We are and our offices are based in .

Please review these terms and conditions of use carefully before using 's
websites, including, without limitation, the following websites:

Xhamsterlive.com

This document states the terms and conditions (“Terms”) upon which , Cyprus
company registration Number HE349515, of (“we” or “us”) will provide service to
you on its websites, including, without limitation, the above listed websites
(the “Website”). These Terms constitute a contractual agreement between you and
us. By visiting, accessing, using, and/or joining (collectively “using”) the
Website, you express your understanding and acceptance of these Terms. As used
in this document, the terms “you” or “your” refers to you, any entity you
represent, your or its representatives, successors, assigns and affiliates, and
any of your or their devices. If you do not agree to be bound by these Terms,
navigate away from the Website and cease using it.


1. ELIGIBILITY

In Short

You must be of legal age according to your country’s law to use this website.
But wherever you may live, you must be at least 18 years old.

You must be at least eighteen (18) years of age to use the Website, unless the
age of majority in your jurisdiction is greater than eighteen (18) years of age,
in which case you must be at least the age of majority in your jurisdiction. Use
of the Website is not permitted where prohibited by law.

The provisions of the The Content Reporting and Appeal Procedure and the related
definitions are incorporated by reference herein and shall be deemed to have the
same force and effect as if set forth in full herein.


2. GRANT OF USE

In Short

We grant you the non-exclusive right to use our website. You cannot transfer
this right to anyone else. Also, you cannot publicly display our site.

We grant you a non-exclusive, non-transferable and limited right to access,
non-publicly display, and use the Website, including all content available
therein (the “Content”) on your computer or mobile device consistent with these
Terms.

This grant is terminable by us at will for any reason and at our sole
discretion, with or without prior notice. Upon termination, we may, but shall
not be obligated to: (i) delete or deactivate your account, (ii) block your
email and/or IP addresses or otherwise terminate your use of and ability to use
the Website, and/or (iii) remove and/or delete any of your User Submissions
(defined below). You agree not to use or attempt to use the Website after said
termination. Upon termination, the grant of your right to use the Website shall
terminate, but all other portions of these Terms shall survive. You acknowledge
that we are not responsible to you or any third party for the termination of
your grant of use.


3. INTELLECTUAL PROPERTY

In Short

Users and Models own everything they post on our website. We don’t own their
content. But we own our text, graphical images, photographs, music, video,
software, scripts and trademarks, service marks and logos that we’ve created.
Please don’t change, copy, reproduce, or translate them unless we allow you to
do so in writing.

The Content on the Website, excluding User Submissions and Third Party Content
(defined below), but including other text, graphical images, photographs, music,
video, software, scripts and trademarks, service marks and logos contained
therein (collectively “Proprietary Materials”), are owned by and/or licensed to
us. All Proprietary Materials are subject to copyright, trademark and/or other
rights under the laws of applicable jurisdictions, including domestic laws,
foreign laws, and international conventions. We reserve all our rights over our
Proprietary Materials.

Except as otherwise explicitly permitted, you agree not to copy, modify,
publish, transmit, distribute, participate in the transfer or sale of, create
derivative works of, or in any other way exploit, in whole or in part, any
Content.


4. USER IDENTITY VERIFICATION

In Short

All users must have their identity verified if they want to upload any content
to our website. For verification, we need 2 things:
 * your ID with your photo on it
 * a photo of you holding your ID next to your face

This verification is mandatory for all Users who wish to upload any content
(other than an Avatar or a Background Photo) on the Website. We at our sole
discretion may request from a User to verify its identity at any time and for
any reason we reasonably believe it is necessary. Any content attempted to be
uploaded by a non-verified User will not be published on the Website until the
verification process is completed. Once the User completes the account
verification procedure, the content will be moderated by our moderation team and
if it complies with the relevant rules and regulations will be published on the
User’s account automatically. Users can start the account verification procedure
either through their profile or by attempting to upload any content on the
Website. Users must provide a clear copy of a valid government issued
identification document with a photo and a selfie holding the identification
document. Failure to comply with a verification request, providing false or
misleading information during the verification process or attempting to
circumvent our verification review systems, may lead to a permanent block of the
User’s account and the access to the Website.


5. USER SUBMISSIONS

In Short

You own everything you post on our website and only you are responsible for it.
But we can reproduce, distribute, adapt, modify, translate your content among
other things. Other users, including models, can view your content and save it.
Learn more about restrictions and prohibitions in the full (legally binding)
version of the Terms and Conditions.

You are entirely responsible for any and all materials you stream, upload,
submit or otherwise make available via the Website, including videos or any
other communications or profile information (collectively, “User Submissions”).
For the purpose of these Terms, any reference to User Submissions includes any
submissions/content made available via the Website from models. User Submissions
cannot always be withdrawn. You acknowledge that any disclosure of personal
information in User Submissions may make you personally identifiable and that we
do not guarantee any confidentiality with respect to User Submissions.

You shall be solely responsible for any and all of your own User Submissions and
any and all consequences of positing, uploading, publishing or otherwise making
them available. For any of your User Submissions, you affirm, represent and/or
warrant that:

 1. You own or have the necessary licenses, permissions, rights or consents to
    use and authorize us to use all trademarks, copyrights, trade secrets or
    other proprietary rights in and to User Submissions for any and all uses
    contemplated by the Website and these Terms;
 2. You will not post, or allow anyone else to post, any material that depicts
    any individual under the age of eighteen (18) years and that you have
    inspected and are maintaining written documentation, pursuant to United
    States law18 U.S.C. § 2257, which we voluntarily comply with (and whether
    you are subject to United States law or not) and other analogous, relevant
    and/or applicable laws, to confirm that all individuals in your User
    Submission are, in fact, over the age of eighteen (18) years; and
 3. You have written consent, release, and/or permission from each and every
    identifiable individual in the User Submission to use the name and/or
    likeness of each and every such identifiable individual to enable use of the
    User Submission for any and all uses contemplated by the Websites and these
    Terms.

You further agree that you shall not submit material that:

 1. Is copyrighted, protected by trade secret or trademark laws, or otherwise
    subject to third party proprietary rights, including privacy and publicity
    rights, unless you are the owner of such rights or have explicit permission
    from the rightful owner to submit the material and to grant us all of the
    license rights granted herein;
 2. Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous,
    harmful, harassing, abusive, threatening, invasive of privacy or publicity
    rights, hateful, racially or ethnically offensive, inflammatory, or
    otherwise inappropriate as decided by us in our sole discretion;
 3. Depicts illegal activities, promotes or depicts physical harm or injury
    against any group or individual, or promotes or depicts any act of cruelty
    to animals;
 4. Impersonates any person or entity or otherwise misrepresents you in any way,
    including creating a false identity;
 5. Would constitute, encourage or provide instructions for a criminal offense,
    a violation of the rights of any party, or that would otherwise create
    liability or violate any local, state, national or international law; or
 6. Is unsolicited or unauthorized advertising, promotion, “spam” or any other
    form of solicitation.

We claim no ownership or control over User Submissions or Third Party Content.
You or a third party licensor, as appropriate, retain all copyrights to User
Submissions and you are responsible for protecting those rights as appropriate.
You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual,
non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly
display, distribute, adapt, modify, publish, translate, create derivative works
of and otherwise exploit User Submissions for any purpose, including without
limitation any purpose contemplated by the Website and these Terms. Furthermore,
you also grant other users of the Website a right and license to display, stream
and download User Submissions in connection with their use of the Website and
for other personal use. You also irrevocably waive and cause to be waived
against us and any of our users any claims and assertions of moral rights or
attribution with respect to User Submissions.

You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to User Submissions. Specifically,
you represent and warrant that you own the title to the User Submissions, that
you have the right to upload the User Submissions to the Website, and that
uploading the User Submissions will not infringe upon any other party’s rights
or your contractual obligations to other parties.

You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access to any User Submission for any reason, or for no reason at all,
with or without notice.

Without limiting the other indemnification provisions herein, you agree to
defend us against any claim, demand, suit or proceeding made or brought against
us by a third-party alleging that your User Submissions or your use of the
Website in violation of these Terms infringes or misappropriates the
intellectual property rights of any third-party or violates applicable law and
you shall indemnify us for any and all damages against us and for reasonable
attorney’s fees and other costs incurred by us in connection with any such
claim, demand, suit or proceeding.


6. CONTENT ON THE WEBSITE

In Short

We are not responsible for any third-party content on our website, like links or
ads, or anything posted by users. If you use anything provided by these third
parties, it is fully your responsibility.

You understand and acknowledge that, when using the Website, you will be exposed
to content from a variety of sources including content made available on the
Website by other users and through automated or other means (collectively,
“Third Party Content”) and that we do not control and are not responsible for
any Third Party Content. You understand and acknowledge that you may be exposed
to content that is inaccurate, offensive, indecent or otherwise objectionable or
may cause harm to your computer systems and, without limiting the other
limitation of liability provisions herein, you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you may have against us with
respect thereto.

We claim no ownership or control over Third Party Content. Third parties retain
all rights to Third Party Content and they are responsible for protecting their
rights as appropriate.

You understand and acknowledge that we assume no responsibility whatsoever for
monitoring the Websites for inappropriate content or conduct. If at any time we
choose, in our sole discretion, to monitor such content, we assume no
responsibility for such content, have no obligation to modify or remove any such
content (including User Submissions and Third Party Content), and assume no
responsibility for the conduct of others submitting any such content (including
User Submissions and Third Party Content).

Without limiting the provisions below on limitations of liability and
disclaimers of warranties, all Content (including User Submissions and Third
Party Content) on the Website is provided to you “AS-IS” for your information
and personal use only and you shall not use, copy, reproduce, distribute,
transmit, broadcast, display, sell, license or otherwise exploit for any other
purpose whatsoever the Content without the prior written consent of the
respective owners/licensors of the Content.

You acknowledge that we may at our sole discretion refuse to publish, remove, or
block access to any Content for any reason, or for no reason at all, with or
without notice.

By uploading content on the Website (including content uploaded by models), you
are freely consent and grant a non-revocable license to xHamsterLive, its
affiliates and agents, to use the username, videos, pictures, and voice uploaded
on the Website as they see fit. You further understand and consent that the
content will appear publicly as part of xHamsterLive’s website as well as third
party websites and/or other marketing materials. The content will be subject to
xHamsterLive’s privacy policy and terms of use as well as the terms of use of
the third-party websites.


7. USER/MODEL CONDUCT

In Short

Please don’t use our website to break (or bend) the law, we won’t be able to
help you. We have a list of prohibited activities in the full version of the
Terms and Conditions. Please read and follow them. We trust our users and
models, but the law requires that we monitor, record and log your activity on
our website.

You represent and warrant that all the information and content provided by you
to us is accurate and current and that you have all necessary rights, power and
authority to (i) agree to these Terms, (ii) provide the User Submissions to us,
and (iii) perform the acts required of you under these Terms.

You hereby expressly authorize us to monitor, record and log any of your
activities on the Website, including your chats, streams, messages, interactions
with other users and User Submissions.

As a condition of your use of the Website:

 1.  You agree not to use the Websites for any unlawful purpose or in any way
     that is prohibited by these Terms;
 2.  You agree to abide by all applicable local, state, national and
     international laws and regulations;
 3.  You agree not to use the Websites in any way that exposes us to criminal or
     civil liability;
 4.  You agree that you are solely responsible for all acts and omissions that
     occur as a result of your use of the Website;
 5.  You agree that all your User Submissions that you provide to us belongs to
     you and that you have the right and authority to provide it to us;
 6.  You agree to maintain the security of your login password and to be fully
     responsible for any and all use of your account;
 7.  You agree not to use or attempt to use any other party’s account on the
     Websites without authorization;
 8.  You agree not to use any automated means, including robots, crawlers or
     data mining tools, to download, monitor or use data or Content from the
     Website;
 9.  You agree not to use the Website to collect usernames and/or email
     addresses for sending unsolicited messages of any kind;
 10. You agree not to take any action that imposes, or may impose, in our sole
     discretion, an unreasonable or disproportionately large load on our
     technology infrastructure or otherwise make excessive demands on it;
 11. You agree not to “stalk” or otherwise harass anyone on or through the
     Website;
 12. You agree not to forge headers or otherwise manipulate identifiers in order
     to disguise the origin of any information you transmit;
 13. You agree not to disable, circumvent, or otherwise interfere with security
     related features of the Website or features that prevent or restrict use or
     copying of any content or which enforce limitations on the use of the
     Website or the content therein;
 14. You agree not to post, link to, or otherwise make available on the Website
     any material that contains software viruses or any computer code, file or
     program designed to interrupt, destroy, limit or monitor the functionality
     of any computer software or hardware or any telecommunications equipment;
 15. You agree not to license, sublicense, sell, resell, transfer, assign,
     distribute or otherwise in any way commercially exploit or make available
     the Website or any Content to any third party;
 16. You agree not to “frame” or “mirror” the Website; and
 17. You agree not to reverse engineer any portion of the Website.
 18. You agree not to use a username of a hateful, racist, defamatory,
     ethnically offensive nature or any username related to children, terrorist
     organization and/or any other sites.

We reserve the right to take appropriate action against any user for any
unauthorized use of the Website, including civil, criminal and injunctive
redress and the termination of any user’s use of the Website. Any use of the
Website and our computer systems not authorized by these Terms is a violation of
these Terms and certain international, foreign and domestic criminal and civil
laws.


8. TOKENS AND PAYMENTS

In Short

You can buy tokens and tip any models you like. We may change the price of
tokens from time to time as part of special offers. You need to use a
credit/debit card to buy tokens.

You must purchase “tokens” which you can then use to give you full use of
additional

features of the Website. Prices for tokens will be posted on the Website and may
change from time to time in our sole discretion. Prices are subject to change
and may vary due to various reasons, including special and limited promotional
offers. All payments, including for token purchases, must be made with your
valid credit card or debit card or other available payment method, the
information of which may be kept on file by us or by our payment processors
(“Filed Payment Details”). Fees for tokens must be paid in advance of you using
them.

In order to make a purchase, you may be asked to supply certain information to
allow us to process and authorize your purchase, including, without limitation,
your name, address, card number, card expiration date, card security number and
other information. You represent and warrant that (i) you have the legal right
to use form of payment that you use and that (ii) the information that you are
providing with that form of payment is true and correct. You acknowledge that we
may use a third party for the purposes of processing or facilitating any payment
and that by submitting your information to us you grant us the right to provide
this information to such third parties.

We reserve the right to refuse, cancel or terminate your order for any time and
for any reason in our sole discretion. Without limiting the foregoing, we
reserve the right to refuse, cancel or terminate your order because of product
or service unavailability, errors in the description or price of our product or
service and errors in your order.

YOUR FILED PAYMENT DETAILS MAY BE AUTOMATICALLY CHARGED FOR YOUR FUTURE
PURCHASES OR FOR ANY RECURRING PURCHASES WHICH YOU HAVE AUTHORISED. YOU HEREBY
AUTHORIZE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE
YOUR FILED PAYMENT DETAILS FOR SUCH PAYMENTS ON YOUR BEHALF.

By enabling the auto-refill feature on the Website, you hereby expressly give
your permission for us to automatically charge your last payment details on
file, with an amount equivalent to your last purchase, as soon as the tokens in
your account get below a chosen threshold. You can always opt-out from the
auto-refill feature at any time, by going to your account's "Settings".

You agree not to report as fraudulent, lost or stolen any form of payment which
you have used in conjunction with payment to us, for which you do not have a
good faith reason to believe is in fact fraudulent, lost or stolen. You agree
not to report as unauthorized any charge by us for any goods or services,
including subscriptions, for which you do not have a good faith reason to
believe is in fact unauthorized. You agree that, absent good faith, in the event
of any such report you shall be liable to us for such charge or obligation plus
an additional $100 administrative fee. The liability specified in this paragraph
will not limit our rights or any other liability you may have for any other
reason, including a breach of any other provision of these Terms.

Refunds:

If at any time we terminate your rights to use the Website because of a breach
of these Terms, you shall not be entitled to a refund of any portion of your
unused tokens. In all other respects, such fees shall be governed by additional
rules, terms, conditions or agreements posted on the Website and/or imposed by
any sales agent or payment processing company, as may be amended from time to
time.

Without limiting the foregoing, we may in our discretion refund you tokens when
there are technical problems with the Website (i.e., when the Website
malfunctions and takes your tokens) or when you have had a provably
unsatisfactory private show (in which case, you must end the show as soon as
possible). However, we will never refund tokens when you have given a tip (as
tips are gifts and cannot be reversed) or when you are spying on another
person’s private show.

Inactive accounts:

If a period of inactivity is detected in your account (ie you neither use your
account nor purchase any tokens, then we reserve the right and at our sole
discretion to terminate your rights to use the Website.

In such a case, you hereby expressly accept, agree and acknowledge that any
portion of your unused tokens is forfeited by you and cannot subsequently be
recovered.


9. SERVICES ON WEBSITE

In Short

We specialize in adult entertainment and provide services associated with it,
like adult performances. Find more details by reading the full version of the
Terms and Conditions or by exploring our website.

We offer you and other users many ways to use the Website (which may change in
our discretion). We may offer chat sessions where you can chat with other users
and models on the website while viewing the model’s video stream. You may “tip”
a model your purchased tokens. We may offer group shows where you can view a
model’s video stream and chat with the model along with other users, for a
per-second or per-minute fee billed against your purchased tokens in accordance
with the rates posted on the Website. We may offer private shows where you can
view a model’s video stream and chat with the model privately (although other
users may spy without interacting), for a per-second or per-minute fee billed
against your purchased tokens in accordance with the rates posted on the
Website. We may offer to permit you to spy on another user’s private show with a
model, for a per-second or per-minute fee billed against your purchased tokens
in accordance with the rates posted on the Website. You acknowledge that there
may be further services added or that some of the forgoing services may be
modified or removed in our discretion and all such services will be in
accordance with the rules that we may post on the Website, as they may be
modified from time to time.

We may offer you the possibility to privately chat with another User through the
messenger of the Website without any extra charge. Moreover, you will be able,
based on your user level, to chat and share content privately through the
messenger with Models. However, Models at their own discretion may set a
messaging token fee which it will be charged to you depending on the type of
content you sent to the Model. The messaging token fee will be charged for every
content you share, irrespective of receive or respond by the intended recipient.
Users will be able to share images through the messenger. You acknowledge and
agree that you are solely and fully responsible for any text messages and
content shared with another User or a Model and you shall ensure on-going
compliance with all applicable rules and regulations as well as compliance with
these Terms of Use. We rely on our Users and Models to report content that they
find inappropriate. If we become aware of any violation of these Terms of Use
and/or inappropriate messages or content, we reserve the right to terminate your
access to the Website without any further liability.

You acknowledge that if you are engaged in any activity that bills you
per-second or per-minute, you must exit such activity to stop the billing of the
same. You also acknowledge that if you run out of purchased tokens while engaged
in such activity, your ability to engage in such activity will halt. We reserve
the right to round prices.

You acknowledge that all models and other users may engage in any activities in
their discretion while in accordance with the terms of this Agreement and other
rules and regulations posted on the Website and pursuant to the functionality of
the Website. You acknowledge that a model may decline to engage in any activity
in his or her discretion. Without limiting the general release provisions below,
if you have any disputes with any models, you acknowledge that your dispute is
solely with said model and you release us from any liability.


10. TRUST & SAFETY

In Short

We prioritize the safety of our community, which is why we have strict content
guidelines in place. Among other measures, we verify models' identities,
moderate messages, and investigate violations based on reports and our own
efforts.

We care deeply about maintaining a healthy community at our Website. We have
some of the most creative and expressive people and we want to create the safest
environment for them where they can communicate and interact safely. That is why
all content in any form possible must comply with all our Terms of Use, Rules
for Models, Rules for Studios and Community Guidelines.

We ensure the safety of all content through strong pre-moderation processes for
unpublished content, proactive detection mechanisms as well through third party
reporting systems for published content.

TYPES OF CONTENT

We strive to ensure that all content is harm-free. This includes but not limited
to:
 1. Text
 2. Images
 3. Videos
 4. Live broadcasts

OUR DEFINITION OF HARM

We consider content harmful if it harms the owner of the content, another person
on or outside the website, or our Website overall. We consider any type of harm
including but not limited to legal, physical, psychological, financial.

We use specific guidelines explained in this page to define our own perception
of such harm.

OUR TOOLS & PROCEDURES

We employ multiple mechanisms in place that limit the possibility of harmful
content reaching our Website (before publishing) as well as detect possibly
harmful content after publishing.

Our Website over and above the requirements and standards set, only accepts
content depicting persons registered and verified in its Website. Our Website
does not rely on third parties to collect the consent of the persons depicted in
the content available in its Website. By applying this rule, the Website aims to
eliminate any possible distribution of non-consensual content through its
website.

A dedicated in-house moderation team manually monitors and screens the content
which has been submitted for publication to our Website on a 24/7 basis. The
moderators follow the Website’s rules and guidelines to protect online users by
keeping incompatible with the terms of use, illegal and inappropriate content
off the site.

VERIFICATION SYSTEM FOR MODELS

To fight fraud and ensure that all our models (Live broadcasters) can broadcast
legally, they must be verified by our registration system first. We use both a
third party KYC solution as well manual moderation to verify the legitimacy of
all models and the documents they provide.

PRE-RECORDED CONTENT MODERATION

We perform a pre-moderation of all the pre-recorded content including images and
videos that our users and models upload, through both automated and human
moderation, to ensure that the content is not illegal, violates third party
industry standards, violates our internal rules and that the person depicted in
it, consents to the distribution of the content, before such content is
published on our Website. We refuse any content that we deem harmful as
specified in our guidelines.

SUSPICIOUS MESSAGES PRE-MODERATION

We use an automated system to flag possible harmful messages to our team, in
some cases if the system has sufficient reason to categorise a message as high
risk, it will not be visible on our website until it is properly reviewed by a
human Moderation Specialist.

COMPUTER VISION SOLUTIONS

We use a Computer Vision (CV) solution that we trained to flag possibly harmful
content to our moderation teams by deriving information from the live streams
and sending notifications in real time. CV is also used to detect and verify the
identity of the models that are broadcasting with their face hidden. Once the CV
detects such a broadcast, our moderation team will receive a notification to
investigate and confirm that the person who is broadcasting live at that time,
is the same person that the identity was verified during the account opening
procedure. If the model fails to verify her/his face during the given time
window, the stream is automatically stopped until the verification is completed.

THIRD PARTY REPORTS

We also investigate all reports sent our way through our different reporting
mechanisms available within the Website. We prioritise and handle reports based
on the severity of violation reported.

ENFORCING OUR GUIDELINES

We enforce our guidelines consistently and fairly. Depending on the type of
violation and how harmful it is, we apply different penalties. For a detailed
understanding of our rules and the corresponding penalties, please see our Rules
& Penalties.

JUDGING ‘HARM’

We rely on a risk-based approach with the help of our guidelines specified in
the previous section to judge whether a piece of content is harmful or not, as
well as the severity of the harm. In the rare cases where we have sufficient
reason to believe something is harmful even though it is not described in our
guidelines, we will take actions against the content, inform its owner and will
use the incident to better educate ourselves and improve our guidelines.

REPORTING VIOLATION OF OUR TERMS AND/OR ILLEGAL CONTENT

Your experience on our Website matters to us. If you are not based within the
European Economic Area (EEA) and come across any content or behavior that does
not seem right and might violate our Community Guidelines, Rules for Models,
Rules for Studios or Terms of Use, please let us know by filing this Report Form
or use any of the report buttons available close to the live broadcast or
content. We are committed to creating a safe and respectful environment, and
your contribution plays a crucial role in this. Rest assured, our team handles
every report with care and according to our established rules. Your vigilance
helps us maintain the high standards of our community, so thank you for being an
active part of keeping our Website safe for everyone.

If you are based within EEA, you can report illegal content or violation of our
Terms of Use, Rules for Models, Rules for Studios and Community Guidelines by
following this link which directs you to the relevant process, pursuant to the
Digital Services Act (DSA).


11. RECOMMENDATION SYSTEMS

In Short

The website uses recommendation systems to suggest personalized content based on
user preferences and interactions. Users in the European Economic Area (EEA) can
disable certain recommendation systems, which may make their overall experience
less optimal.

HOW RECOMMENDATION SYSTEMS WORK AND WHY WE RECOMMEND CONTENT

Our mission is to provide a safe, pleasurable, and engaging experience to all
our users. To achieve this, we employ recommendation systems that personalize
your experience. These systems suggest content based on your preferences and
interactions with us.

During onboarding, you have the opportunity to select your interests, allowing
us to personalize your experience. Furthermore, our recommendation systems take
into account various factors such as your interactions and tokens spent on
models and their content. This helps shape the recommendations you receive,
ensuring that you are presented with content that aligns with your desires.

We use recommendation systems to analyze a user's past behavior, preferences,
and interactions with models to personalize the content we suggest to them. By
suggesting shows that align with the user's tastes and interests, we increase
user satisfaction. In addition, with potentially many shows happening at any
given moment, it's easy for users to miss content they would enjoy. Our
recommendation systems help users discover new models and live streams that
match their interests and that they might not find on their own.

RECOMMENDATION SYSTEMS USED

Recommendation systems play a crucial role in providing personalized experiences
for users. The different categories of recommendation systems are used in
different sections to cater to specific user needs.

Below is the description of our recommendation systems and their
functionalities:

General Sorting: General sorting refers to recommending content in all sections
of the platform that are using recommendation systems except as otherwise
mentioned in this document. The recommendations are influenced by various
factors, including the popularity of a model, viewers' location, as well as the
success of the show.

Viewer-Based Sorting: Viewer-based sorting is mostly influenced by the
popularity of a specific broadcast and the viewers’ location. This
recommendation system recommends content in all “Popular” sections of the
platform.

My Favorites "Best Match": The "My Favorites'' section sorts models among others
based on the chronological order in which a user adds models to the "My
Favorites" list.

Recommended for You: The Recommended for You algorithm recommends content on the
site in all “Recommended”-related sections. It is also used in the Feed section,
recommending content that a user may find interesting. This recommendation
system uses data related to user-model interaction, interest the user shows for
the broadcast, and user preferences.

Country and Language Sections: Country and language sections are displayed based
on users' geolocation-selected platform language and language preferences used
on browsers.

Match Your Latest Picks: The “Match Your Latest Picks” algorithm uses real-time
data related to positive user-model interaction, interest a user shows for
broadcasts, and a user’s preferences. This recommendation system is used in the
“Match Your Latest Picks” related sections.

For You: Sections are added to the “For You” section group for each user, based
on user-model interaction, interest a user shows for the broadcast, and a user’s
preferences, while also considering a user’s journey to model rooms.

Search: When a user types a word in the Search field, the system looks for words
similar to what’s in the search field and finds a relevant category for the
user.

Promos: Our “Promos” algorithm uses data related to user-model interaction,
interest that a user shows for the show, a user’s preferences, and history with
the platform, as well as location and platform settings. This recommendation
system is used on promo campaigns.

Related Models: The “Related Models” section which can be found under the
broadcast block of each model is not personalized for each user. This section
generally sorts content depending on the success of the show, watch time, and
the model a user is currently watching.

ENSURING YOUR SAFETY

Our recommendation systems prioritize safety and we take measures to remove
content that is illegal and/or violates our guidelines. Our moderation team
closely monitors content and therefore reduces the likelihood of recommending
content that may not be suitable for users. For example, we strive to avoid or
limit recommending certain categories of content that may not be suitable for a
specific territory, even if that content is not completely removed.

RECOMMENDATION SYSTEMS WITH OPTIONAL DISABLE FEATURE FOR EEA CITIZENS

You have the ability to disable some of our recommendation systems. To do this,
simply go down to our homepage and look for the disable option at the bottom of
the left sidebar.

By disabling our recommendation systems, certain factors will no longer affect
the content and models that are recommended to you. These factors include but
not limited to:

 1. Location and browser or website language
 2. Information about your interaction with models.
 3. Your journey to models' rooms

In other words, if you choose to disable our recommendation systems, your
personalized experience will no longer be influenced by the factors mentioned
above and your overall experience with our website will not be the best it can
be.

However, please note that we will still sort content based on models' content,
profiles, and success, as well as the popularity of their broadcasts.
Additionally, your last-added Favorite models will continue to be displayed at
the top, and the search function will still look for similar words to those in
the search field. Sorting of content for all users who disabled this feature
will be the same and it will not be based on profiling.


12. RECORDINGS

In Short

Models have the option to allow users to record their shows. Any recorded shows
are for personal entertainment only. They are not for commercial or any other
purpose.

Models have the option through the settings of their account to allow Users to
record their shows. It is the responsibility of the Models to check whether that
feature is enabled before each and every time they broadcast. By enabling that
feature, Models consent to audio recording and video recording of their shows by
Users and Xhamsterlive.com and their release, publication, exhibition, or
reproduction to be used for news, promotional purposes, advertising, inclusion
on web sites, or for any other purpose(s) that Xhamsterlive.com, its vendors,
partners, affiliates and/or representatives deems fit to use. Models release
Xhamsterlive.com, its officers and employees, and each and all persons involved
from any liability connected with the taking, recording, or publication of
photographs, video and/or or sound recordings.

By enabling this setting, Models waives all rights they may have to any claims
for payment or royalties (excluding the token amount that the Users will pay for
the recording, if any) in connection with any exhibition, streaming, or other
publication of these materials, regardless of the purpose or sponsoring of such
exhibiting, broadcasting or other publication irrespective of whether a fee for
admission is charged. Models also waive any right to inspect or approve any
photo, video, or audio recording taken by Xhamsterlive.com or the User.

Users may record Model’s show for personal use only. Any recorded shows cannot
be used for commercial or any other purpose. The release, publication,
exhibition, or reproduction of the recorded shows by the Users is strictly
prohibited.

In the event that any recorded shows/videos/photos, either public or private,
are purchased by a User, such content remains in the possession of and/or
available to the User even if the Model's account is permanently deleted.


13. PRIVACY POLICY

In Short

We follow the applicable data protection laws and handle all the data with care.
We collect data to provide our services, to make our product (website) better,
and for other reasons. Read our Privacy Policy to see all the necessary info
about your personal data.

We retain a separate Privacy Policy and your assent to these Terms also
signifies your assent to the Privacy Policy. We reserve the right to amend the
Privacy Policy at any time by posting such amendments to the Website. No other
notification may be made to you about any amendments. Your continued use of the
Website following such amendments will constitute your acceptance of such
amendments, regardless of whether you have actually read them.


14. COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS

In Short

We respect copyrights and follow the copyright legislation known as the DMCA. If
you want to report any copyright infringement, please read the full (legally
binding) version of the Terms and Conditions for information.

We respect the intellectual property rights of others. You may not infringe the
copyright, trademark or other proprietary informational rights of any party. We
may in our sole discretion remove any Content we have reason to believe violates
any of the intellectual property rights of others and may terminate your use of
the Website if you submit any such Content.

REPEAT INFRINGER POLICY. AS PART OF OUR REPEAT-INFRINGEMENT POLICY, ANY USER FOR
WHOSE MATERIAL WE RECEIVE THREE GOOD-FAITH AND EFFECTIVE COMPLAINTS WITHIN ANY
CONTIGUOUS SIX-MONTH PERIOD WILL HAVE HIS GRANT OF USE OF THE WEBSITES
TERMINATED.

Although we are not subject to United States law, we voluntarily comply with the
Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the
United States Code, if you believe that any of your copyrighted material is
being infringed on the Website, we have designated an agent to receive
notifications of claimed copyright infringement. Notifications should be emailed
to help@stripchat.com or sent to:

Copyright Agent
6750 N. Andrews Ave., Suite 200
Fort Lauderdale, FL 33309
Fax: +1-800-371-0235

All notifications not relevant to us or ineffective under the law will receive
no response or action thereupon. An effective notification of claimed
infringement must be a written communication to our agent that includes
substantially the following:

 1. Identification of the copyrighted work that is believed to be infringed.
    Please describe the work and, where possible, include a copy or the location
    (e.g., a URL) of an authorized version of the work;
 2. Identification of the material that is believed to be infringing and its
    location. Please describe the material and provide a URL or any other
    pertinent information that will allow us to locate the material on the
    Website;
 3. Information that will allow us to contact you, including your address,
    telephone number and, if available, your email address;
 4. A statement that you have a good faith belief that the use of the material
    complained of is not authorized by you, your agent or the law;
 5. A statement that the information in the notification is accurate and that
    under penalty of perjury that you are the owner or are authorized to act on
    behalf of the owner of the work that is allegedly infringed; and
 6. A physical or electronic signature from the copyright holder or an
    authorized representative.

If your User Submission is removed pursuant to a notification of claimed
copyright infringement, you may provide us with a counter-notification, which
must be a written communication to our above listed agent and satisfactory to us
that includes substantially the following:

 1. Your physical or electronic signature;
 2. Identification of the material that has been removed or to which access has
    been disabled and the location at which the material appeared before it was
    removed or access to it was disabled;
 3. A statement under penalty of perjury that you have a good faith belief that
    the material was removed or disabled as a result of mistake or
    misidentification of the material to be removed or disabled;
 4. Your name, address, telephone number, email address and a statement that you
    consent to the jurisdiction of the courts in the address you provided, the
    Republic of Cyprus and the location(s) in which the purported copyright
    owner is located; and
 5. A statement that you will accept service of process from the purported
    copyright owner or its agent.


15. MODIFICATION OF THESE TERMS

In Short

We sometimes update, remove or add new things on our website. We do not always
send notifications about these changes, so please read our detailed version of
the Terms and Conditions.

We reserve the right to amend these Terms at any time by posting such amended
Terms to the Website. No other notification may be made to you about any
amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING
SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS
OF WHETHER YOU HAVE ACTUALLY READ THEM.


16. INDEMNIFICATION AND RELEASE

In Short

If an individual or company makes a claim or demand against us because you break
our Terms and Conditions or the law when using our website, you have to
compensate us for the incurred expenses, including for lawyers’ fees.

You hereby agree to indemnify us and hold us harmless from any and all damages
and third-party claims and expenses, including attorney’s fees, arising from
your use of the Website or from your breach of these Terms.

In the event that you have a dispute with one of more other users (including
models) or any third parties, you hereby release us, our officers, employees,
agents and successors-in-right from claims, demands and damages (actual and
consequential) of every kind or nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and/or the Website.


17. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES

In Short

We are always trying to offer the best experience to our users but sometimes we
might fail. We exclude and limit our liability for any direct, indirect,
special, consequential or exemplary damages, among others things. Please refer
to the full version of the Terms and Conditions for more information.

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.

The Website may contain links to third-party websites which are independent of
us. We assume no responsibility for the content, privacy policies, or practices
of and make no representation or warranty as to the accuracy, completeness or
authenticity of information contained in any third party websites. We have no
right or ability to edit the content of any third party websites. You
acknowledge that we shall not be liable for any and all liability arising from
your use of any third party websites.

The Website is provided “AS-IS” and without any warranty or condition, express,
implied or statutory. We specifically disclaim to the fullest extent any implied
warranties of merchantability, fitness for a particular purpose,
non-infringement, information accuracy, integration, interoperability or quiet
enjoyment. We disclaim any warranties for viruses or other harmful components in
connection with the Websites. Some jurisdictions do not allow the disclaimer of
implied warranties, therefore in such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to such implied
warranties.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE
WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE,
MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE
WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR
COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY US.
THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE WEBSITE. SOME
JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE, IN SUCH
JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE
CORRECTED.

ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE
WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY
OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES EXCEED $100.


18. ALTERNATIVE DISPUTE RESOLUTION (ADR)

In Short

If there is any disagreement between you and us, it will be resolved by
arbitration. It means we'll both agree on a "middle" person who will work to
resolve the problem out of court.

Any dispute, controversy or claim arising out of or relating to these Terms and
Conditions, or the breach, termination or invalidity thereof, shall be settled
by arbitration in accordance with the Alternative Dispute Resolution Rules
applicable in Cyprus which Rules are deemed to be incorporated by reference into
this clause. The seat, or legal place, of arbitration shall be the Republic of
Cyprus. The governing law of these Terms and Conditions shall be the law of the
Republic of Cyprus.


19. CHOICE OF LAW AND VENUE

In Short

Everything we do is governed by the law of Cyprus.

To the maximum extent permitted by law, these Terms as well as any claim, cause
of action, or dispute that may arise between you and us, are governed by the
laws of the Republic of Cyprus without regard to conflict of law provisions. FOR
ANY CLAIM BROUGHT BY YOU AGAINST US, YOU AGREE TO SUBMIT AND CONSENT TO THE
PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN
THE REPUBLIC OF CYPRUS. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO
SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN
THE REPUBLIC OF CYPRUS AND ANYWHERE ELSE YOU CAN BE FOUND.


20. GENERAL TERMS

 1. These Terms, as amended from time to time, constitute the entire agreement
    between you and us and supersede all prior agreements between you and us and
    may not be modified without our written consent.
 2. Our failure to enforce any provision of these Terms will not be construed as
    a waiver of any provision or right.
 3. If any part of these Terms is determined to be invalid or unenforceable
    pursuant to applicable law, then the invalid and unenforceable provision
    will be deemed superseded by a valid, enforceable provision that most
    closely matches the intent of the original provision and the remainder of
    the agreement shall continue in effect.
 4. Nothing herein is intended, nor will be deemed, to confer rights or remedies
    upon any third party.
 5. These Terms are not assignable, transferable or sub-licensable by you except
    with our prior written consent, but may be assigned or transferred by us
    without restriction.
 6. You agree that we may provide you with notices by email, regular mail, or
    postings to the Website.
 7. The section titles in these Terms are for convenience only and have no legal
    or contractual effect.
 8. As used in these Terms, the term “including” is illustrative and not
    limitative.
 9. If these Terms or any other documents between you and us are translated and
    executed in any language other than English and there is any conflict as
    between the translation and the English version, the English version shall
    control.


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