Terms and Conditions for Members

Last update: December 15, 2019

Description

LiveMFC.com (hereafter "LiveMFC" as defined below) operates and manages the www.LiveMFC.com web Platform (as defined below) where independent content uploaders can upload, publish, license, share and sell their original videos and photo galleries to users. The Platform provides explicit adult entertainment and is only open to consenting adults.

YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY UNDER THE LAWS OF THE APPLICABLE JURISDICTION TO AGREE TO THESE TERMS AND CONDITIONS. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW.

WE DO NOT TOLERATE ANY MATERIAL INVOLVING OR REPRESENTING MINORS, INCLUDING ANY VIRTUAL DEPICTION, AND HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY. WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE PERFORMERS OR MODELS APPEAR ON THE PLATFORM, AND WE WILL REPORT ANY UNLAWFUL ACTIVITIES.

These terms and conditions (hereinafter referred to as "T&C") including our Privacy Policy, all LiveMFC’s rules, such as "Rules", "Forbidden Words", "DMCA", "Billing", and "Record Keeping Requirements", found here (the “Platform Rules”) form the binding contract between LiveMFC. and YOU (hereafter "you", "USER", or as the case may be, "MEMBER"; for more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS). If you do not agree to all of these Platform Rules, which shall form an integral part of the T&C as if they were recited at length herein, you may not use the Platform (as defined below) and should not proceed to create an account or otherwise use the Platform. By using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by all of these T&C, including all amendments made to them from time to time. LiveMFC reserves the right, at its sole discretion, to revise these T&C. You agree that all changes to the T&C are effective and enforceable upon posting. Further, you agree and understand that it is up to you to be knowledgeable and to periodically review all of these T&C to see if anything has changed. LiveMFC will not be liable for your neglect of your legal rights.

IF YOU DO NOT AGREE WITH THESE T&C, OR IF YOU DO NOT AGREE WITH ANY REVISED T&C, DO NOT USE THE LIVEMFC PLATFORM.

1. DEFINITIONS

Where used in these T&C, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:

  • 1.1 “Broadcast” shall encompass upload, publish, share and offer Content;
  • 1.2 "Content" shall mean, depending on the context in which it is used, original Uploader-generated content OR original MEMBER-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time. For more clarity, MEMBER-generated Content is mostly limited to comments and excludes any videos, memberships and tangible goods;
  • 1.3 “Live Streams” shall mean sessions organised by Uploaders during which Content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility for MEMBERS to have two-ways camera sessions.
  • 1.4 "MEMBER(S)", as well as all second-person pronouns (such as "you", "your", "yours"), shall mean the registered individuals using the Platform for their personal use, also called "LiveMFC Member(s)", at the exclusion of Uploaders. For more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS;
  • 1.5 "LiveMFC" as well as all first-person pronouns (such as "we", "us" "our", "ours"), shall refer to LiveMFC.com, 9626 California City Blvd, CA 93505, U.S.A, and/or its affiliates or assigns. LiveMFC operates and manages the Platform, and acts as an intermediary between Uploaders, and USERS using the Platform, as well as to permit Uploaders and MEMBERS to interact on the Platform;
  • 1.6 "Platform" shall refer to the hosting service operated and managed by LiveMFC, available at www.livemfc.com (and including all of its subdomains, any predecessor or successor domain or URL), where Uploaders can license and sell their Content using the tools and features provided by such Platform, as well as where USERS using the Platform can view and post certain types of Content, and where Uploaders and MEMBERS can interact online.
  • 1.7 "T&C" means collectively these terms and conditions, including our Privacy Policy as well as all Platform Rules, and all instruments and assurances in amendment or confirmation of them. "hereof", "herein", "hereto" and "hereunder" and similar expressions mean and refer to these T&C;
  • 1.8 "Uploader(s)" shall refer to the independent models, performers and other content producers or studios, registered as such on the Platform, and Broadcasting their original Content onto the Platform for personal use by the USERS; and
  • 1.9 "USER(S)", as well as all second-person pronouns (such as "you", "your", "yours"), shall mean the individuals using the Platform for their personal use, to the exclusion of Uploaders.

2. GENERAL TERMS

  • 2.1 These T&C govern your rights and responsibilities in connection with your use of the Platform, and is a binding contract between you and us (and not between you or us and any of the Uploaders). We encourage you to read these T&C carefully and periodically.
  • 2.2 Subject to Section 4, and subject to your compliance with all of these T&C, LiveMFC hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the "License") to use the Platform solely for private, personal, non-commercial, and entertainment purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
  • 2.3 You can only use the Platform for your own personal use, to the exclusion of any commercial use. As a USER only, the Platform gives you the ability to navigate through and see Content previews and picture galleries, to the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to navigate through and buy Content, to post certain type of Content, participate in Live streams, comment and interact online with Uploaders you purchased Content from. Registering as a MEMBER is free. All Content accessible or sold through the Platform is to be accessible or sold to you for private use only. You understand and agree that, as a service provider, LiveMFC is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. LiveMFC does not endorse any Content or submission, and expressly disclaims any and all liability in connection with Content or submission. You agree to take all necessary precautions when interacting online with other USERS and Uploaders. You also understand that we do not carry out any prior verification or any kind of criminal record check on our USERS or Uploaders and thus we make no statement or warranty regarding our USERS or Uploaders’ behaviour. Therefore, you agree to remain vigilant and take all necessary precautions when interacting online with other USERS or Uploaders. You should use the Platform only in strict accordance with the present T&C and in accordance your local laws and community standards; the Platform may not be accessed or used where prohibited by law.
  • 2.4 You agree and understand that LiveMFC cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between USERS and Uploaders outside of the Platform. Any information you choose to share remains your sole responsibility, and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited.
  • 2.5 For the purposes of these T&C, USER recognizes that an Uploader is understood to be solely an independent contractor, and in no way should an Uploader be considered employee, agent or partner of LiveMFC. Furthermore, USER acknowledges and agrees that LiveMFC has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content provided by Uploaders through the Platform.

3. YOUR ACCOUNT

  • 3.1 Registration. In order to access the Platform as a MEMBER and to navigate through and buy Content, interact online with Uploaders as well as to comment Content, you must first register by creating a MEMBER account. You will have to choose a username which must be unique to you, not offensive to others and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Please note that LiveMFC reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
  • 3.2 Confidentiality of Your Account. You agree and represent that you will not share your account or login information, nor let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any security breach, including without limitation any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of your login information, and you will be responsible for all uses of your login information, including uploads and purchases, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless and indemnify LiveMFC against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your account.
  • 3.3 Account and Profile Settings. As a MEMBER, you can edit and modify your account settings at any time through the Platform, including your profile picture and general preferences, as well as your notification preferences. You may also choose, at your discretion, to ignore or to block other Uploaders or USERS from communicating with you, as you can also be ignored by them or banned from communicating with them. You are solely responsible for your interactions with USERS and other Uploaders; we will not monitor or participate in any conflict resolution between you and any USER or Uploader.
  • 3.4 Closing your Account. If you decide to close your account, which you can do at any time, all your Content will be permanently deleted, except as provided below. If you delete your account or if you delete Content from your account, such Content will no longer appear on the Platform. As for the membership granted by Uploader to any MEMBER, such membership will terminate once it expires, and all Content related thereto will be fully deleted upon such expiration.
  • 3.5 Prohibitions. You agree not to : (i) engage in any act that LiveMFC deems to be improper, or in conflict with the spirit or intent of the Platform; (ii) make inappropriate use of the Platform; (iii) use the Platform to engage in any form of harassment, prostitution, sex trafficking or other illegal or offensive behavior, or to post or share any defamatory, offensive, libelous or slanderous statements (iv) attempt to gain any unauthorized use to the Platform, by any means other than the user interface provided by LiveMFC, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of the Platform; (v) disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers, this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person’s use of the Platform; (vi) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Platform; or (vii) otherwise violate any applicable law or regulation, or encourage or enable such violation.
  • 3.6 2257 Regulations. Notwithstanding anything to the contrary, you understand and acknowledge that LiveMFC is not acting as a "producer" as defined by the 18 USC § 2257 Record Keeping Requirements (the "2257 Regulations").
  • 3.7 DMCA. We support the protection of the intellectual property rights of copyright holders, and thus we will respond to notices of alleged copyright infringement made in accordance with our Digital Millennium Copyright Act ("DMCA") Notice and Takedown Policy, which can be found here.
  • 3.8 Section 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful or otherwise inappropriate material: you understand that no minor can have access to the Content, and you agree and warrant taking responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful or otherwise inappropriate to minors. You are hereby informed that you can research such services on websites such as, but not limited to: http://www.safesurfingkids.com/, http://www.safekids.com/internet-safety-organizations-sites/ and http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo. Please note that we do not make any representation or endorsement regarding any products or information found on those third-party Websites, and recommend that you conduct your own due diligence before installing any online filter. Furthermore, you agree that is it your sole responsibility, at the total exclusion of LiveMFC’s, to keep any explicit, harmful or otherwise inappropriate material from being displayed, viewed or accessed to by minors.

4. PRICES AND PAYMENT

  • 4.1 Content Prices. You do not incur any costs for joining LiveMFC. As a MEMBER or USER, you may purchase Content made available to you through the Platform by Uploaders. Purchases can be made by credit cards, Paxum and Crypto currencies; they are processed through our third-party Internet payment service providers. By purchasing any Content through the Platform, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that LiveMFC has no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY CONTENT. Purchases are payable in advance. LiveMFC offers different packages you can choose from. LiveMFC and Uploaders reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion and without liability to you.
  • 4.2 Viewing Purchased Content. After purchasing digital Content, you will see and be able to view such Content in your purchase history, accessible through your profile. You can consult your purchase history directly on your account at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed.
  • 4.3 Sales Policies. All sales made through the Platform are FINAL and NON-REFUNDABLE, except in the following case:
    - Broken of corrupted digital Content; LiveMFC will contact the concerned Uploader on your behalf for replacement Content. If Uploader fails to comply with LiveMFC’s request and does not replace the Content, a credit will be applied to your LiveMFC Balance within 30 days.
  • 4.4 Contests. The Platform may offer various internal contests in which you can participate in by ranking the best Content.
  • 4.5 MEMBER Information. It is your responsibility to ensure that all information necessary to any purchase (including shipment address) is complete and accurate to avoid any delays in the purchasing and payment processing, and to inform us of any issues which may arise with purchases or payments.
  • 4.6 Currency. All amounts referred to herein and all monetary transactions on the Platform are in US dollars (USD).

5. USERS’ REPRESENTATIONS AND WARRANTIES

Representations and Warranties. As a material inducement for LiveMFC to enter into these T&C, USER represents and warrants:

  • 6.1 That USER is of sound mind and body, acting of her/his/its own free will and fully understands the terms and conditions of these T&C, their legal implications;
  • 6.2 That USER is AT LEAST 18-YEAR-OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH RESIDE at the time you first access the Platform, whether as a USER or a MEMBER.
  • 6.3 That USER has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where USER resides (and when relevant, where any other USER or Uploader resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes, or to carry out or to encourage unlawful activities or activities which would infringe these T&C;
  • 6.4 That the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection with the Broadcast of Content by USER and shall not be present in any of the Content Broadcast by USER at any time: (i) any portrayal of an individual that suggest or imply that such individual is under the age of 18 years of age (or under the age of 21 years in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these T&C, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; bestiality; fisting; urination/defecation (golden/brown showers or enemas); incest; necrophilia; torture; extreme violence; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids, such as dildos, vibrators, etc.; sleeping on camera; performing while intoxicated; any presentation or representation of illegal drugs; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto;
  • 6.5 That USER shall NOT, under any circumstances, solicit from any Uploader or any other USER or agree to any in-person encounters, any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, and usernames or passwords, nor use any Uploader or any other USER in any way for unfair personal gain or benefit;
  • That USER is solely responsible for complying with all applicable laws and regulations in the jurisdiction where you reside as well as all laws and regulations applicable to the Platform, and applicable to your use of the Platform. At all time, you represent that you will comply with all additional terms, guidelines, or policies enacted by LiveMFC.

6. TERM AND TERMINATION

  • 7.1 These T&C shall be effective as of the date you start to use the Platform and remain in effect as long as you still use the Platform. You can choose to close your account at any time, at your sole discretion.
  • 7.2 LiveMFC reserves the right to terminate these T&C and your account at any time, for any reason, with or without cause. Should LiveMFC terminate your account all of the Content which was accessible on it will be permanently deleted.
  • 7.3 Notwithstanding anything to the contrary, all rights granted by USER to LiveMFC during the term of these T&C shall survive the termination of these T&C by either party.

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