Terms of use
Last updated February 2, 2024
1) Acceptance
By using and/or visiting the TiktokPorn.live website (collectively, including but not limited to all Content, Uploads and User Submissions available through TiktokPorn.live, the Website) you agree to the terms and conditions contained herein and the terms and conditions of TiktokPorn.live’s privacy policy incorporated herein, and all future amendments and modifications (collectively referred to as the ‘agreement‘). By entering, you agree to be bound by these terms and conditions. If you do not agree to be bound the terms and conditions contained herein, then do not use TiktokPorn.live.
The terms and conditions of this Agreement are subject to change by TiktokPorn.live at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use TiktokPorn.live.
The terms and conditions contained herein apply to all users of TiktokPorn.live whether a ‘visitor‘ or a ‘member’ and you are only authorized to use TiktokPorn.live if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.
2) Description
The TiktokPorn.live website allows for uploading, sharing and general viewing various types of Content allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, TiktokPorn.live contains photographic/video content, information and other materials posted/uploaded by users. TiktokPorn.live allows its users to view the Content and Website subject to the terms and conditions of this Agreement.
The TiktokPorn.live website allows for uploading, sharing and general viewing various types of content allowing registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images. In addition, TiktokPorn.live contains photographic/video content, information and other materials posted/uploaded by users. TiktokPorn.live allows its users to view the Content and Website subject to the terms and conditions of this Agreement.
TiktokPorn.live is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by TiktokPorn.live. Any illegal and/or unauthorized use of TiktokPorn.live is prohibited including but not limited to collecting usernames and email addresses for sending unsolicited emails or unauthorized framing or linking to the TiktokPorn.live website is prohibited.
3) Access
In order to use this Website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the Website, then you are not permitted to use the Website.
4) Conduct
You acknowledge and agree that you shall be responsible for your own User Submissions and the consequences of posting, uploading, publishing transmitting or other, making them available on TiktokPorn.live. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on TiktokPorn.live content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one’s privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on TiktokPorn.live software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on TiktokPorn.live content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on TiktokPorn.live content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use TiktokPorn.live in any way that exposes TiktokPorn.live to criminal or civil liability.
You agree that TiktokPorn.live shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
5) Intellectual Property
The Content contained on the TiktokPorn.live with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to TiktokPorn.live, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TiktokPorn.live reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the TiktokPorn.live or features that prevent or restrict use or copying of any content or enforce limitations on use of the TiktokPorn.live website or the Content therein.
6) User Submissions
TiktokPorn.live permits the submission of photos/videos and other communications and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such user submissions are published and/or uploaded, TiktokPorn.live does not guarantee any confidentiality with respect to any submissions.
TiktokPorn.live allows/permits you to link to materials on the website for personal, non-commercial purposes only. TiktokPorn.live reserves the right to discontinue any aspect of the TiktokPorn.live website at any time.
You shall be solely responsible for any and all of your own user submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:
You own or retain the necessary licenses, rights, consents, and permissions to use and authorize TiktokPorn.live to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years.
You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the user submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the user submissions to TiktokPorn.live, you hereby grant TiktokPorn.live a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the TiktokPorn.live website and TiktokPorn.live’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the TiktokPorn.live website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the TiktokPorn.live website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the TiktokPorn.live website.
In submitting material (photos/video or other communication), you further agree that you shall not: submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TiktokPorn.live all of the license rights granted herein; publish falsehoods or misrepresentations that could damage TiktokPorn.live or any third party; submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business; impersonate another person.
TiktokPorn.live does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and TiktokPorn.live expressly disclaims any and all liability in connection with User Submissions. TiktokPorn.live does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and TiktokPorn.live will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. TiktokPorn.live reserves the right to remove Content and user submissions without prior notice or delay. TiktokPorn.live will also terminate a user’s access to its Website, if they are determined to be an infringer. While pornographic and adult content are accepted, TiktokPorn.live also reserves the right to decide in its sole and unfettered discretion, whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. TiktokPorn.live may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using TiktokPorn.live, you will be exposed to User Submissions from a variety of sources, and that TiktokPorn.live is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TiktokPorn.live with respect thereto, and agree to indemnify and hold TiktokPorn.live, its owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You agree that TiktokPorn.live may at its sole discretion have the right to refuse to publish, remove, or block access to any user submission that is available via the Website or other TiktokPorn.live network or services at any time, for any reason, or for no reason at all, with or without notice.
TiktokPorn.live provides its Website as a service to its users. However, TiktokPorn.live assumes no responsibility whatsoever for monitoring the TiktokPorn.live services for Inappropriate Content or conduct. If at any time TiktokPorn.live chooses, in its sole discretion, to monitor the TiktokPorn.live services, however, TiktokPorn.live assumes no responsibility for the Content, no obligation to modify or remove any Inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. TiktokPorn.live may review and delete any User Submissions that, in its sole judgment, violates this agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any user or person not associated with the Website (collectively “Inappropriate User Submissions”). You are solely responsible for the User Submissions that you make visible on the Website or to any third-party Website via an embedded player provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
7) Account Termination Policy
A User’s access to TiktokPorn.live will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly. TiktokPorn.live reserves the right to decide whether Content or if a User’s Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. TiktokPorn.live may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
8) Policy
TiktokPorn.live abides by a ZERO TOLERANCE policy relating to any illegal content. Under-age pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by TiktokPorn.live. TiktokPorn.live shall not condone under-age pornography and will cooperate with all governmental agencies that seek those who produce illegal pornography.
9) Fees
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through this website.
10) Warranties
You represent and warrant that all of the information provided by you to TiktokPorn.live to participate in the TiktokPorn.live website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition to using TiktokPorn.live you must agree to the terms of TiktokPorn.live’s privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by TiktokPorn.live with regard to its users may be disclosed in accordance with the TiktokPorn.live Privacy Policy.
11) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TiktokPorn.live WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TiktokPorn.live, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TiktokPorn.live MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TiktokPorn.live WEBSITE. TiktokPorn.live DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TiktokPorn.live WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TiktokPorn.live WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TiktokPorn.live SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12) Limitation of liability
IN NO EVENT SHALL TiktokPorn.live, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TiktokPorn.live WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TiktokPorn.live SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13) Indemnity
You agree to defend, indemnify and hold harmless TiktokPorn.live, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
* your use of and access to the TiktokPorn.live Website;
* your violation of any term of these Terms of Service;
* your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the TiktokPorn.live Website. You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
14) Assignment
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TiktokPorn.live without restriction.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
15) Affiliate Agreement
Please read the following Affiliate Agreement (the 'Agreement'). When you enroll to become an affiliate with TiktokPorn (the 'Program'), you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the Affiliate, and the Program. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT COMPLETE THE APPLICATION FORM TO BECOME AN AFFILIATE. BY COMPLETING THE APPLICATION FORM TO BECOME AN AFFILIATE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
Enrollment in Program
By completing the necessary form(s) to enroll in Program, you are represent and warrant to Program that you are over the age of 18 or the age of majority in your jurisdiction, whichever is higher ('Age of Majority'), and that you are capable of entering into this Agreement. Program reserves the right to either refuse to accept your enrollment or to immediately terminate your membership to Program, if Program, in Program's sole and absolute discretion, believes you to be under the Age of Majority. By completing such form(s) you are also certifying to Program that the laws in your jurisdiction do not in anyway prohibit you from entering into this Agreement.
You understand that your ability to perform under this Agreement is contingent upon your ability to access the Internet and that you are solely responsible for any costs associated with your responsibilities under this Agreement including, but not limited to, setting up any websites, connecting to the Internet, maintaining any websites and hosting any websites. You acknowledge and agree that while Program may offer free hosting at the time that you apply to Program and/or are accepted to Program, this free hosting service by Program may be revoked at any time and that you will be required to find and pay for hosting services for any websites you create under this Agreement.
License Granted
You are hereby granted a revocable, non-exclusive, non-transferable license to access and download promotional banners, videos, images, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by Program in writing ('Promotional Items') solely in connection with advertising, marketing and promoting. Any and all licenses granted to you pursuant to this agreement shall immediately cease and revert to Program upon the termination or cancellation of this agreement.
You agree not to share any of the Promotional Items with anyone in any way which is not in accordance with the terms of this Agreement and applicable law.
LIMITS ON LICENSE TO INTELLECTUAL PROPERTY
Although you are granted a revocable, non-exclusive, non-transferable license to use the names of our various websites in connection with referring traffic to such websites ('Site Names' or 'Sites'), you are not, as a part of license, permitted to: 1) use the words 'Official', 'Officially', 'Official Site' or any similar verbiage in connection with your promotion of the Sites; 2) use the Site Names in association with any similar or competing website or service; 3) use our Site Names or other intellectual property to create numerous links, often referred to as "link spam", whether by automated link building or otherwise and/or utilize our Site Names or other intellectual property in a manner intended to or having the effect of increasing the rank of Referral Sites or any other site(s) on search engines; 4) post or cause to be posted out of context or untrue comments or other notations with link(s) to any of our Sites or the Referral Sites; or, 5) register any domain name which incorporates, or is a 'misspelling' of, any of the Site Names. You agree that in the event you violate any part of this section of this Agreement, you will be immediately terminated from the Program, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to Program as the rightful owner.
No Paid Search Advertising
You are not permitted to promote any or all of the Sites or Site Names, either directly or indirectly (including, but not limited to, promoting or sending traffic to any Referral Site), through any type of paid search advertising, including, without limitation, Google AdWords or Bing Ads.
Your Website Names
Subject to the limitations in the paragraph above and pursuant to the license granted to you herein, Program will permit you to use any and all Site Names that you may choose in connection with promoting the Sites so long as such website domain name(s) registered by you does not infringe on Program's, Program's affiliated entities' or any third party's intellectual property rights, defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
Representations to Program
You hereby represent and warrant that you will put safeguards in place, including, but not limited to an 'age verification' page, so that no persons who have not yet attained the Age of Majority may view any and all Promotional Items which may contain explicit images. You further represent and warrant that you will not 'deep link' so that a person referred to the Sites does not first have to confirm that he/she is at least the Age of Majority.
You further warrant that you have all legal rights, free from any and all encumbrances and third party claims, to all images, text, script(s), applications, logos and functional elements appearing on all Referral Sites.
No Promotion in Violation of Third Party Terms
You represent and warrant that you will only advertise on services and providers which permit such advertisement. You understand and agree that if you advertise for any service or provider which does not permit such advertising, including, without limitation, Twitter, Discord, reddit, Facebook or Craigslist, your account will be terminated without notice and without pay.
Enrollment with Program
Program endeavors to evaluate every application to us in good faith and as quickly as possible. Program reserves the right to deny an application for any reason, including but not limited to:
You supply us with inaccurate or incomplete data, and
You are attempting to register from any jurisdiction in which the access, viewing, downloading, or other use of the Program or the Sites would or could reasonably constitute a violation of any law, regulation, rule, or custom. You are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
Ownership of Promotional Items
You hereby acknowledge and agree that all rights to the Promotional Items, as between you and Program, belong solely to the Program. You further acknowledge and agree that any Promotional Item(s) created by you hereunder are a specially ordered and commissioned "work made for hire" within the meaning of the 1976 Copyright Act for the benefit of the Program for the compensation provided according to the terms of the payout agreement agreed upon by you and Program.
Emails From You
Program does not permit email marketing or promotion of the Sites. You acknowledge and agree that any email marketing by you will be grounds for immediate termination from Program, without pay.
From Program
You acknowledge and agree that it may be necessary for Program to email you with information regarding your account with Program and changes to Program. You further acknowledge and agree that while Program has the right to send such emails to you, Program is under no obligation to do so regardless of any emails Program may have sent in the past or may send in the future.
Necessary Information
You understand and agree that you are required by this Agreement to supply Program with a valid email address and other contact information, a failure to do so may result in the termination of your membership with Program.
Independent Entities
Nothing in this Agreement is intended by you or Program to constitute a joint venture or collaboration between you and Program. You acknowledge that you are in no way an agent, employee or similarly situated employment like relationship. You further acknowledge that you are only an affiliate of Program and have no authority to act on Program's behalf or bind Program to any debt or agreement.
Program Payouts
Program issues payments to affiliates (each a "Payout") upon request within 14 days. The amount of each such Payout for each affiliate will be determined by the traffic the affiliate has sent to the Sites: For every content creator affiliates refer, affiliates will get credited a respective amount of money once they upload at least three videos. The respective amount of money is based on the referred content creator's OnlyFans likes count (as submitted at the time of their original Partner Application), wherein 10000 to 50000 likes result in USD 40, 50001 to 100000 likes result in USD 80, and more than 100000 likes result in USD 160. Once affiliates reach USD 100 in referral bonuses, affiliates can request a payout via PayPal. Referral payout will be subject to review for fraud, prior to being paid out. The Program may regularly and/or periodically audit any or all affiliate accounts to confirm compliance with the terms of this Agreement. Any Affiliate found to be in violation of any term of this Agreement will be subject to having such Affiliate's account(s) terminated and/or suspended. Affiliate understands and agrees that purchases, sign ups and/or referrals to friends and family members will not be eligible for compensation hereunder. Affiliate understands and agrees that Affiliate will only be compensated if the action giving rise to compensation is fully compliant with the terms of this Agreement.
Change to Payment Information
You agree to notify Program of any change in your payment information at least five (5) days before the close of any Pay Period. No changes to your information are valid until you have received written confirmation from Program.
Affiliate Representation
Affiliates are not allowed to suggest, imply, or make it appear as if they are representing or officially associated with TiktokPorn in any capacity.
Invalid Subscriptions
You acknowledge and agree that you shall not be entitled to any compensation from Program for and application if Program determines or believes, in Program's sole discretion, that such application is the result of possibly fraudulent activity. Following is a list of what Program deems to constitute fraudulent activity: Digitally modified image in application; Imitation of a person; Application with fake identity; User with minimal activity; Multiple applications coming from the same I.P. address within a short period of time; Multiple or sequential applications from the same person; Signups which are cancelled within thirty (30) days of sign-up; Accounts which removed all their content within thirty (30) days of sign-up; Signups which are solely created with the intent to collect the affiliate reward; Email used for application is in a 'negative' database; and A sudden surge in applications from you. You acknowledge and agree that the foregoing list is not an exhaustive list of all conduct which may constitute fraudulent activity, for which you will not be compensated. You further acknowledge and agree that the foregoing list may be changed at any time, as Program may deem necessary.
Suspension or Termination
Program reserves the right to either terminate or suspend your status with Program in the event that referrals from your sites are subject to a high rate of 'chargebacks' or cancellations of accounts. Program further reserves the right to terminate or suspend your account with Program if you have a high rate of fraudulent activity with respect to referrals as such are outlined in the immediately preceding section.
Termination
In addition to reasons for termination mentioned previously herein, Program reserves the right to immediately terminate your account with Program, without notice to you, if at any time: you purchase or attempt to purchase any of our Site Names as a Google AdWord or any similar advertising device; you advertise on any service or website (such as Facebook or Craigslist) in a way which is not permitted by such service or website's Terms of Use; Program has previously terminated you; any of website from which you are making referrals to Program has content which is objectionable in Program's sole discretion; the inclusion of any defamatory, obscene, harassing, or content which is otherwise contrary to law; any of your sites making referrals to Program promotes, aids or abets the sale, resale or trading of Program passwords; any Referral Site promotes, aids, abets or constitutes an infringement, misappropriation or violation of any person's or entity's intellectual property rights including, but not limited to, copyrights, trademark rights, right of publicity, patent rights, personal property rights, privacy rights or other rights; participating in any activities that may be harmful to the reputation, image, and/or goodwill of Program and/or the Sites; permitting access to or sharing the Promotion Materials to individuals under the Age of Majority; attempting to circumvent Program's and/or the Site's age verification pages; the inclusion of any language suggesting that the models appearing on the Sites are under the age of 18 and/or that such models appear to be doing any act which is not in conformity with Florida or United States law; a Referral Site has references to; photographs or video depicting; promotes; or in any way suggests Program or the Sites contain or endorse: child pornography, incest, scat, coffins, defecation, urination, genital mutilation, sacrilegious, teen modeling, actual or simulated rape, sexual violence, menstruation, obscenity, and/or bestiality; the inclusion of any links or advertisements promoting any activity which does not conform to the laws of Florida and/or the United States, including, without limitation, promoting drugs, violence, hate speech, and/or violence; any material, date, file(s), program or other material which contains viruses, Trojan Horses or any other destructive script or program on any of your sites promoting the Sites. Program may immediately terminate this Agreement and all monies owed to you by Program will be deemed forfeited by you.
Cancellation
Either party may terminate this Agreement by delivering to the other written notice of cancellation. An email sent by Program to the email address associated with your account shall be deemed adequate notice to you, whether or not you actually read such email.
Effect of Termination or Cancellation
Immediately upon termination or cancellation any and all licenses granted to you herein cease and revert to Program. You agree to immediately remove from any and all websites owned, controlled, managed, and/or maintained by you and destroy all copies of the Promotional Items. If at the time of termination or cancellation you manage, own, operate or otherwise control a website which incorporates the Site Names or misspellings thereof, you agree to transfer such websites to the Program within twenty (20) days of termination or cancellation. Upon the request of Program, you agree to mail to Program written confirmation that all Promotional Items have been removed and destroyed. You understand that your failure to comply with this section will result in irreparable harm to the Program and the intended third party beneficiary. Program reserves the right to take any and all legal actions necessary to enforce the provisions of this section against you including, without limitation, monetary damages, injunctions, and actions for specific performance. In the event that a Affiliate's account is terminated as a result of one or more breaches of this Agreement, any Payouts which may be due to Affiliate at the time of termination will be deemed to be forfeited by Affiliate to Program in partial compensation to Program for Affiliate's breach. In the event of such a termination, the Program reserves all rights Program may have against Affiliate in connection with any consequences Program may incur in connection with Affiliate's breach of this Agreement, including, without limitation, civil liability, costs of recovering any domains controlled by Affiliate which are typos of or substantially incorporate one or more of our Site Names and/or monetary or reputational damages.
NO WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR PERFORMANCE UNDER THIS AGREEMENT AND USE OF THE PROMOTIONAL MATERIALS ARE AT YOUR SOLE AND EXCLUSIVE RISK. ALL MATERIALS AND SERVICES PROVIDED BY PROGRAM ARE ON 'AS IS, WITH ALL FAULTS' AND 'AS AVAILABLE' BASES. PROGRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. PROGRAM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROGRAM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PROGRAM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU ALSO AGREE TO BE SOLELY LIABLE TO PROGRAM FOR THE LOSS OF ANY DATA AND/OR MATERIALS PROVIDED TO YOU BY PROGRAM, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED AS A RESULT OF HACKING AND/OR VIRUSES.
Indemnification
You agree to defend, indemnify, defend, and hold Program and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach by you of this Agreement; (b) your use (or misuse) of Program's services and/or Promotional Materials; (c) all conduct and activities occurring using your account and/or Referral Sites; (d) any item or service sold or advertised in connection with your Referral Sites; (e) any defamatory, libelous or illegal material(s) contained within your Content or material(s) or your information and data; (f) any claim or contention that any of your Referral Sites contain any information, data or other materials which infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity; (g) third party access or use of the Promotional Materials provided to you information and data; (h) any claim related to your website(s); (i) any costs incurred on your behalf as a result of your failure to comply with local or Federal United States Law; and/or (j) any violation of this Agreement. Program reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so and Program is permitted by this Agreement to later seek indemnification from you.
You shall not settle any such claim or liability without the prior written consent of Program, which consent shall not be unreasonably withheld. You understand that Program will take any and all measures to protect itself from any legal or civil litigation including, but not limited to, removing your website(s) from its servers and/or canceling your account, in Program's sole discretion. You also understand that Program will charge, on an hourly basis, for any and all time spent responding to any third party complaints, disputes, copyright claims or actions involving you or your Referral Sites.
Notice
Any notice or payment required by or in furtherance of this Agreement may be provided by email to the email address on file for the party to be noticed, or personal delivery by commercial carrier such as FedEx or Airborne. You agree to keep current email and address information on file with Program for this purpose. Notice shall be deemed effective upon receipt by the other party, except as provided for herein. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. In the event that any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
Waiver of Liability
You hereby waive any and all damages, including interest, on any monies not received by you as a result of your violation of this section.
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither affiliate nor Program will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in any representative capacity. Affiliate and Program further agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to the affected proceedings.
Non-Transferable or Assignable
You agree and acknowledge that you are not permitted to assign this Agreement to any third party and any attempt to do so will be deemed as your notice of termination.
No Waiver
Program's failure to enforce any and all remedies shall not be construed as a waiver thereof.
Headings
Headings are used herein for ease of reference purposes and shall not be used in interpreting, construing and/or enforcing this Agreement.
Severability
The invalidity, illegality or unenforceability of any part of this Agreement or any of its terms, as determined by a court of competent jurisdiction, shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Entirety of Agreement
Except where expressly stated to the contrary herein, this Agreement constitutes the entire agreement and understanding between you and Program, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
Binding Agreement
You and Program acknowledge the legally binding nature of this Agreement. You are acknowledging and affirmatively stating that you have read and understood the terms of this Agreement and that you agree to be bound by this Agreement.