Terms and conditions
TERMS OF PARTICIPATION
A - GENERAL TERMS OF PARTICIPATION
Any access and/or Use of the Site assumes acceptance and the respect for all the terms of the present GTP and their unconditional acceptance. They therefore constitute a contract between MyWetty and the Participant.
If the Participant does not wish to accept all or part of these GTP, it is requested of the Participant to waive all use of the Site and of the Service.
To access the Service proposed by MyWetty, the Participant must be at least 18 years old and be major according to the applicable provisions in his or her jurisdiction. If the Participant is not in the majority and is not at least 18, he is prohibited from connecting to the Site and having access to the Service. This site is exclusively directed at consenting adults. If we discover that a Participant is a minor, we reserve the right to close his Participant account. Parental control protections, in particular filtering software, are available in commerce to help you limit the access to the contents that may be harmful to minors.
The Site has zero tolerance for any file, video or photo involving a minor or a person claiming to be a minor. It is requested of Participants to report this type of file, video or photo to the Site. The Site reserves the right to address the competent authorities to denounce the author of such a download.
More generally, if MyWetty is informed of any illegal content on its Site, it shall do all that is reasonably possible to banish said content as quickly as possible. MyWetty strongly encourages the Participant to warn when it notices any illegal action on the Site.
All the media (video, photos, live cam) are published by the Content partners, who are at least 18 years (21 years in AL, MS, NE and WY).
Registration and use of the Service assumes full and entire acceptance of these GTP by the Participant.
When registering with the Service, the Participant declares that he is aware of these GTP. By validating his registration, the Participant accepts without reservation to be bound by them and to fully and entirely respect their terms. He also certifies that he is at least 18 and be major according to the provisions applicable in his jurisdiction. For this reason, the Participant has the prohibition of sharing his account with another Participant. Each Participant must have his own account.
In any case, the use of the Service by the Participant entails full and entire acceptance of the present GTP.
Non-compliance with these GTP may entail, depending on the gravity of the accused lapse, and at the full discretion of MyWetty, without forewarning or indemnity, a notice and/or suspension of the Participant’s access to all or part of the Service, or even cancellation of the Participant’s access to the Service (with closure of the Participant’s account, in that case), without reducing all other common-law actions that might be open MyWetty.
A.2. ROLE OF MYWETTY
MyWetty is a platform for putting a User and a Model into relation. MyWetty collects the payment made by a User and pays forward the percentage due to the Model.
Because MyWetty is neither the seller nor the buyer of the products and services of the Models, it is not involved in the execution of the contract concluded between a User and a Model on the www.mywetty.com website
MyWetty will also play the role of moderator. It invites Participants to report to it any behaviour the violates the present GTP and the rules and laws in effect.
Website http://www.mywetty.com is not producer of content.
A.3. PARTICIPANT’S COMMITMENTS AND CHARTER OF BEHAVIOUR
The Participant is and remains master of his use of the Service under all circumstances.
As a consequence, the Participant is invited to show discernment and prudence concerning information’s to which he accesses and/or transmit in the context of use of the Service.
Generally, the Participant agrees not to violate the laws and regulations in effect when he chats in private.
In particular, the Participant is vigorously prohibited from:
- hijacking the end purpose of the Service to engage in propaganda or proselytising, prospecting, soliciting or prostitution;
- publishing information of a commercial or advertising character or constituting propaganda in favour of tobacco, alcohol or any other substance, product or regulated service;
- disseminating the contents violating the personality rights of third parties or of defamatory, injurious, offensive, violent character, or inciting discrimination, political violence, racism, xenophobia, sexism, paedophilia or homophobia;
- publishing information violating laws on the protection of personal data allowing the identification of natural persons without their consent, in particular their family name, postal and/or email address, phone, photograph, sound or audio-visual recording, or collecting and storing personal data corresponding to the other Participants;
- transmitting any message containing computer viruses or any other code, folder or programme designed in particular to interrupt, destroy or limit the functionality of any software, computer or telecommunication tool;
– giving information referring to other sites (whether by the creation of hypertext links or by simple provision of information);
– violating third parties’ intellectual property rights;
– sharing any personnel contact information’s of any kind with other Participants (in particular, but this is not an exhaustive list, their email address, phone numbers, msn, skype, yahoo, or other types of instantaneous messaging contacts, blogs, personal sites;
– recording any information or content disseminated on the presentation data sheet of the Models (photos, descriptions, any videos, etc.) or in their showrooms (the shows of Models, public or private, video and text conversation), whether for personal or other purposes, in view of publishing them on other sites or not;
– making off-Site transactions.
As a consequence, the Participant guarantees to MyWetty, against any contrary claim, and/or action by third parties of which it might be subject, and agrees in this respect to take at its exclusive expense all the sums, damages and interest, costs, lawyers’ fees and expenditures to which MyWetty might be condemned, without reducing the reparation of its own prejudice.
A.4. PROHIBITED OBJECTS AND SHOWS
It is prohibited to propose objects or shows the offer, sale or acquisition of which are contrary to legal and regulatory provisions. As examples, without being exhaustive, objects or shows cannot be proposed or bought implementing the following objects:
objet for which the advertising, offer or marketing violates the intellectual property rights (copyright and neighbouring rights), industrial property rights (trademarks, patents, drawings and Models) and any other applicable right (in particular the right to image, right to privacy, right of personality) ;
discriminatory objects or those inciting violence or racial, religious or ethnic hatred;
illegal and prohibited alcoholic beverages;
assault and other weapons, or munitions and other elements for them;
publicity, including in the form of links;
medicines, drugs of any kind;
other items that may neither be proposed nor marketed legally, or the offer or sale of which might violate the values or rights of third parties.
MyWetty declines any responsibility with regard to the legality of the marketing of the objects proposed and the legality of the shows proposed. It invites the Participants, though, to point out to it any content that might seem to violate the provisions of Article A.4.
A.5. PARTICIPANT’S CONDUCT, MODERATION AND USER FRIENDLINESS
The Participant assumes full responsibility for his account, of each content he sends, and agrees to respect the spirit and letter of Articles A.3 and A.4 hereof.
To ensure the quality of its Service, MyWetty moderates its Service based on these GTP. This moderation may be implemented before the fact, or in real time, or after the fact. In the context of this moderation activity, to prevent or check any lapse in Articles A.3 and A.4 hereof, the information’s communicated by the Participants and their exchanges may be monitored, corrected or deleted by Moderators.
The Moderators shall have the possibility of reporting any behaviour that might be contrary to these GTP to MyWetty.
MyWetty provides reasonable efforts on the commercial level for its Service to be available on a 24/7 basis, and to securitise the website by all commercially reasonable means. However, MyWetty cannot exclude the possibility that bad or unauthorised technical actions or interventions occur or the viruses are introduced. MyWetty cannot be held responsible for errors, functional failures, incidents and problems that might result from use of the Service.
Any upgrade of the Site and Service may entail an update and/or temporary unavailability of the Site and of the Service, which can in no way engage the liability of MyWetty.
The use of the Service provided may be subject to certain technical requirements. The formats in which the Service images are furnished, as well as the video and audio readers required and the type of Internet connexion are indicated on the Site. If the Participant does not meet the technical requirements, it is possible that he will not be able to use the Service. MyWetty declines any responsibility for this.
MyWetty cannot be held liable either, for any prejudice or damage that a Participant might incur pursuant to use of the Service. The connexion to the Site and to the Service implies the Participant’s knowledge and acceptance of the characteristics and limits of the Internet, in particular as concerns the technical performance, response times for consulting, querying or transferring information’s, interruption risks, and more generally, the risks inherent in any connexion and transmission on the Internet, the absence of protection of certain data against possible piracy and the risks of contamination by any computer viruses circulating on the network.
Any Participant person connecting to the Site and using the Service does so under their own full responsibility. It is up to all Participants to take all appropriate measures to protect his own data and/or software stored on his computer hardware against any violations of it. Furthermore, MyWetty naturally cannot take any responsibility for any difficulties or impossibility of Participants’ connexions to the Internet.
Likewise, MyWetty declines any responsibility corresponding to the delivery of a material/tangible objet, as MyWetty has under no circumstances the capacity of seller. The Participants agree to exempt MyWetty from any liability in the event of dispute occurring amongst several Participants with the object of execution of a service or sale.
Lastly, MyWetty reserves the capacity of interrupting or suspending the Site and/or the Service at any time and without forewarning, without having to justify this. In such instance, the liability of MyWetty cannot be engaged in any way for this reason, and the Participants cannot claim any indemnification of any kind.
A.7. INTELLECTUAL PROPERTY
These GTP entail no sale of any intellectual property rights whatsoever, on the Service, the Site and the software belonging to MyWetty, in favour of the Participant.
The Participant recognises and accepts that the content (in particular the data, databases, software, page formatting, graphic charter, photos, videos, sound tracks, information’s, illustrations, logos, trademarks, etc.) that appear or are available on the Site and/or Service, are protected under copyright, rights on trademarks, patents, database producers or any other right recognised by the laws in effect.
As a consequence, any copy, reproduction, representation, adaptation, alteration, modification, dissemination, full or partial, of the information that appears or is available on the Site and/or the Service, whether it is content belonging to MyWetty, to a third party or content and information belonging to a model, is illicit without prior authorization.
A.8. SCOPE, MODIFICATION AND CONSULTATION OF THE GTP
These GTP constitute a contract between MyWetty and the Participants of the Site and/or Service and constitute the entirety of the rights and MyWetty and of the Participant.
With a concern for adaptation to the regular upgrades of the Site and/or of the Service, MyWetty reserves the capacity to modify these GTP unilaterally and without warning.
The modified GTP shall be applicable as soon as they are put online. Therefore, the applicable terms shall be those of the most recent GTP, which can be consulted free of charge on the Site at any time.
The Participants shall nonetheless be advised of this by email, publication of the modification or by any other means.
In any event, continued use of the Site and Service will be equivalent to full and entire acceptance of these possible modifications by the Participant.
A.9. PROTECTION OF PRIVACY AND PERSONAL DATA OF PARTICIPANTS
In accordance with the General Data Protection Regulation adopted by the European Parliament on April 14, 2016, and the Data Protection Act of January 6, 1978, ….. I.I. informs you of the following:
MyWetty respects the privacy of its users. You can visit the website mywetty.com without disclosing any personal information about you. MyWetty may nevertheless be asked to provide certain personal information, including your email address, to enable you to use the Site and the Service.
What data do we collect?
We only collect the basic profile information you give us when you create your account: a username of your choice and an email address. Also we collect the informatios regarding the members age to ensure that they have the legal age to acces the content.
How is this information used?
This information is only used to allow you an advanced use of the site www.mywetty.com and in particular to be able to interact with the models. Statistics about your use of the site are also used to improve your experience and the services offered (including cookies). Finally, we use this information to deliver the information or services you have requested (sending newsletters, commercial offers, customer support responses).
MyWetty is the sole recipient of your Personal Information and it is never, in any form whatsoever, transmitted to third parties. Your data is not and will not be marketed.
Who can I contact regarding my data?
The controller is ….. I.I.. Email address: firstname.lastname@example.org
The duration of conserving the data
Your personal information is retained for the duration of the service provided by MyWetty as described above in the "How is this information used?" Section. ".
Computer Rights and Freedoms
In accordance with the European regulations in force, the persons who, having connected to the Site, have answered the questions of registration in order to access the Site and the Service, have the following rights concerning their Personal Information:
- right of access (article 15 RGPD) and rectification (article 16 RGPD), updating, completeness of the data of the Participants
- the right to block or erase data of Personal Participants (Article 17 GDPR), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, disclosure or retention is prohibited (more informations)
- right to withdraw consent at any time (article 13-2c RGPD)
- right to limitation of data processing of Participants (Article 18 RGPD) - right to oppose the processing of Participant data (article 21 RGPD) (more info)
- the right to portability of data provided by Participants, where such data is subject to automated processing based on their consent or on a contract (article 20 RGPD)
- right to define the fate of the data of the Participants after their death and to choose to whom MyWetty will have to communicate (or not) its data to a third party which they will have previously designated (more info)
These rights can be exercised directly with MyWetty by sending an email to the support. The Participant must then indicate the Personal Information that he wishes MyWetty to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport). Requests for deletion of Personal Information will be subject to MyWetty's statutory obligations, including retention or archiving of data.
MyWetty undertakes to respond to requests for access, rectification, opposition or any other request for additional information from the Participant within a reasonable period of time, not exceeding one month from receipt of the request.
If you as a Participant believe that MyWetty is not complying with its obligations regarding your Personal Information, you may submit a complaint or request to the competent authority.
The fact for MyWetty not to invoke a failure or lapse of the Participant in any of its contractual or legal obligations cannot be interpreted as a waiver of invoking this failure or this lapse.
The fact for MyWetty not to invoke a stipulation of these GTP in no way entails waiver of the benefit of said stipulation.
A.11. PROOF, CONSERVATION AND ARCHIVING
The computer registers conserved in the computer systems of MyWetty under reasonable conditions of security will be considered as proof of communications between the Participant and MyWetty.
The archiving of these GTP accepted by the Participant is done on a reliable, sustainable medium in such manner as to correspond to a faithful, sustainable copy. In the event of conflict between the computerised registers of MyWetty and any document on written support or electronic file of the Participant, it is expressly agreed that the computerised registers of MyWetty will take precedence over the Participant’s documents and will alone be admitted as proof.
Any clause hereof that comes to be declared null or illicit by a competent judge shall be deprived of effect, but its annulment cannot harm the validity of the other stipulations or affect the validity of these terms of participation as a whole, or their legal effects. However, these terms of participation would be reduced to nothing if annulment of one or more of their clauses greatly harms the contractual balance.
A.13. ADDITIONAL INFORMATION
For all questions relative to the present GTP, or to the Service in general, or for any notification, the Participant is invited to contact MyWetty at email@example.com
A.14. APPLICABLE LAW/ AMICABLE RESOLUTION OF DISPUTES/ JURISDICTION
Any dispute resulting from or related to the use of our website or stemming from the acceptance, interpretation or respect hereof concerning the use and/or settlement for protection of privacy shall be subject to the jurisdiction that governs the contract between the merchant and the cardholder Cyprus, to the exclusion of the rules of international private law.
B. PARTICULAR TERMS APPLICABLE TO THE MODELES
The Models declare that they respect the following mandatory principles, any infraction of these principles having the effect of finally terminating their participation with the Site.
Only natural persons (i) enjoying full legal capacity and (ii) at least 18 years of age and (iii) major under the applicable provisions in their jurisdiction may register as a Model.
The site is reserved exclusively for consenting adults.
To register, these persons must fill out the registration form and especially communicate a copy of their identity papers.
Participation is not a right.
Models are obligated to spontaneously notify MyWetty of any modification concerning the information’s requested at their registration, and are responsible for any lapse in this obligation.
If false information’s has been furnished at registration, or if a Model omits to notify a change, MyWetty may decide to cancel the Model’s registration effective immediately without warning.
Fun club: are the creators of the content (Females, Males, Couples, Trans) that will publish content (for adults or non-adults), and they will choose the price for membership.
B.2. MODEL’S ROLE
The Model decides freely from the products and shows he wishes to propose on the Site, and under what terms. The practices performed in streaming are done under the sole responsibility of the Model, who must declare that he complies with the various applicable laws. The same holds for the sale of physical objects (see B.3.2.).
All transactions made via the Site are concluded directly between the Model and the User. Therefore, the Model alone is responsible for the contract he concludes with the Users and, as such, agrees to respect the applicable legal provisions.
B.3. SALES OPERATIONS OF MATERIAL/TANGIBLE OBJECTS CONDUCTED BY MODEL
MyWetty informs the Model of each order and communicates to the Model the information he needs to make the transaction (such as delivery address).
The Model agrees to deliver the item for sale and to transfer ownership of it to the User within two (2) business days counting from receipt of confirmation of the order.
The Model is not obligated to send the User a confirmation email for object shipment. He shall be paid at the end of a 15-day period following confirmation of the order. If, during this 15-day period, the User tells MyWetty he has not received the objet, the Model must be able to prove that this object has indeed been sent, by whatever means, to the User’s address. The Model will thus furnish MyWetty with all required information with respect to the shipment (receipt at the User’s correct address) and/or tracking and/or stage of execution of the order. Lacking proof, the Model shall not receive the planned remuneration and the User shall not be debited.
The Model expressly recognises and hereby accepts that, in the event of breach of the present Terms of Participation, such as the absence of delivery of the products, delivery of non-compliant products, or any behaviour that might be harmful to the Users, MyWetty reserves the right to refuse any payment to the seller.
The Model guarantees that he is empowered to sell the objects proposed, that these objects are not encumbered by the rights of third parties to prevent sale of it, that the products are authorised for sale at a distance and are in compliance with the applicable legal provisions, that in particular they do not infringe upon copyright, trademark law and the other rights of third parties, that they are reliable and in compliance with the applicable legal requirements (including any marking or labelling requirement), IN PARTICULAR IN MATTERS OF PRODUCT SAFETY (FOR example, EC standards).
The objects are sold under the sole and unique responsibility of the seller Model, who declares that he respects the various applicable laws.
B.3.3. SALE PRICE, SHIPPING EXPENSES AND VAT
The Model agrees to calculate any customs rights and import or export costs, direct or indirect taxes required by the competent authorities related to the sale contract (the “Shipping Costs”). In the event of sale of a material/tangible object, the Model is obligated to add the shipping expenses to the sale price. The Model recognises that in the event of lapse to this obligation, he exposes himself to legal proceedings. The liability of MyWetty cannot be engaged in this regard. MyWetty reserves the right to claim damages and interest in the Model if, due to unsatisfactory execution of the sale contract, MyWetty would be called upon to indemnify the User in any way whatsoever.
The Sale Price proposed to the User will therefore include the Shipping Expenses and are increased by VAT if that is applicable. The Participants recognise that MyWetty is not obligated to check and/or inform the Participants if the VAT or any other tax is applicable to the sale of a good and/or a service by a Model to a buyer, performed on the Site. MyWetty can under no circumstances be held liable for the collection or settlement of the VAT.
B.4. ASSESSMENT SYSTEM
The assessment system constitutes one of the Site’s characteristics. Any Model consents that User’s assessments of the services they perform or the sales they make be disclosed on the Site. This assessment will be done by awarding of one to five stars, the maximum grade being five stars.
MyWetty is not obligated to check these assessments and does not answer for their truthfulness.
The notifications between creators of content (fun club) will be shown only on the website in every account of the members or creators of content (fun club) and not by email for confidentiality purpose.
The next notifications could appear:
1: for members:
when a model which member follows comes online
when a model which member paid fan club subscription comes online
when a model which member added to favorite comes online
when a member receives messages
when a member receives messages or rejection from custom video proposed to a certain model
2: for fun club:
payments sent when model is not online via "Tip Me" button from fan club profile page
proposed videos when a member sends
Members and fun club content creators will interact through:
Messages in fun club
Live cam chat
Video and audio in private live cams(cam2cam)
B.7. END OF PARTICIPATION
The Model can at any time terminate his participation in the Site subject to informing MyWetty of this by email or by any other means indicated on the Site. Likewise MyWetty may rightfully terminate the registration of a model at any time, and at its full discretion, by informing it by email or by any other means indicated on the Site.
C. PARTICULAR TERMS APPLICABLE TO USERS
C.1. PAYMENT AND TOKENS
Whatever the object of the transaction, all payments made by the User will be made via the Site.
The use of paying functionalities of the Service assumes that the User has “Tokens”.
The price and ways and means of payment of the various paying functionalities of the Service are constantly detailed on the Site, such that the User necessarily takes cognizance of this prior to any acquisition or sale.
The prices of access to the Service are always indicated in Euro including all tax (“TTC”). MyWetty offers the User the possibility of acquiring packs of Tokens, outside any subscription.
The Users will also have the possibility of subscribing with monthly payment.
When he acquires these Token packs, the Users then receive Tokens that it can then use to access certain paying functionalities of the Service.
The price of the Token packs ordered by the User is settled at order, using a securitised payment system.
Each transaction may be invoiced if the User so chooses.
The Statistics tab gives the User an overview of the Tokens spent or one each week, month and year.
Tokens can under no circumstances be transferred to another User and must be used for all purchases.
Users are prohibited from proposing direct remuneration to a Model.
Tokens are fixed in this order: 0.1$ for member and 0.08$ for fun clubs (models).
Website http://www.mywetty.com will not collect any data regarding credit cards.
To gain the acces to the website, members must pay a subscription monthly (silver member: 80 Tokens/30 days, gold member: 160 Tokens/30 days, VIP member 300 Tokens/30 days). The subscription will not be automatically renewed at the end of the month. The payment for every membership level will be made by the Tokens. Every member will have acces to particularized content depending the membership level.
The objects are sold by the Models to the Users. The Site declines any responsibility as to the use of the object.
However, the Site draws the User’s attention to the fact that second-hand used material/tangible objects must not be subjected to a use that might prompt a danger for the User or any third party, and in particular must not be worn in proximity to the mucous parts of the body.
C.3. END OF PARTICIPATION
If the User decides to close his account, he may under no circumstances request reimbursement of his remaining Tokens.
Likewise, in the event of cancellation of the User’s account by MyWetty for non-compliance with the terms of Articles A.3 and A.4 of the GTP, the User cannot claim any reimbursement of his unconsumed Tokens.
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