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Terms and Conditions

Mysexythings  Content Restrictions

The following terms are not allowed on Mysexythings.com and must   not be in titles, descriptions, and keywords:

- drug / alcohol use or simulated drug / alcohol use, this includes   smoking pot.

-any content pertaining to incestuous act; terms mother, father,   son, daughter

-any content pertaining to knocking out including chloroform,   blacked out, knocked out

- use of the term "Adult Baby" or any reference to diaper

- use of terms abducted, kidnapped or any terms similar

- use of, or presence of blood (including menses) or urine, vomit,   feces, real or similar

-use of terms abduct, kidnap or force against a person’s will

- use of the term vampire or vampire related terms

- use of term hypnosis, hypno or "mind control" is not acceptable

- any beastiality or simulated beastiality references

- use of the term rape, force, hate or violence

- use of racial slurs in any descriptions of videos

- use or reference to sex with underage minors including the terms   pedo and pedophile

- use of the term "biting" or reference to biting

- references to violence against genitalia, e.g. "chopping off   penis"

- use of guns or knives in videos in a threatening manner, or   reference to guns in any descriptions

- use of or reference to self-mutilation, cannibalism, snuff or   fantasy snuff, autopsy, flogging (severe beating), or reference to bodily   injury

*List is subject to change- Updated 1/12/14

 

Mysexythings  Buyer Terms and Conditions

Buyer Agreement

Mysexythings (hereafter referred to as "Mysexythings") maintains a website   site, www.Mysexythings (Website), to which registered content providers,   producers and sellers (hereafter referred to as the "Studio") can upload media   in electronic format (Files) for the purpose of allowing Mysexythings to act as agent for licensing rights to consumers. By registering with Mysexythings for the purpose of buying downloadable media content, the buyer agrees that:

1. Media downloaded is sold "as is". MySexythings.com is not the producer of content posted for sale by individuals and studios on the site. Therefore, MySexyThings.com has no control of the content, its quality, or whether it will be as described by the seller. If you have a problem or question regarding the content purchased from a seller on the site, the buyer must contact the seller directly to discuss the issue.

2. No Refunds for successful credit purchase. The MySexyThings.com website accepts payment for site credits only. That is, any financial transaction you have with MySexyThings.com is strictly for purchasing site credits only. Once these credits are purchased, they are available for your use immediately to exchange with sellers on the site for download of their content. Any unused credits do not expire and will be held in your account available for your use in future purchases. In the event that a technical problem prevents the credits purchased from being deposited into your account, however, MySexyThings.com will, at your request, ensure that you recieve the proper amount of credits or refund your payment for the credits. Important note:  If credits are issued successfully and payment for the credits is stopped or "charged back" by you, this is viewed as a falsiefied chargeback and theft from MySexyThings.com as you are claiming that credits purchased were not delivered when they have been. MySexyThings.com works with our payment processor to alert your bank of the falsied chargeback. In the event that you are unhappy for any reason with the media you download from a seller on the site, contact the seller directly. Any refund of credits to your account is at the discretion of the seller. Please check their refund policy prior to sending credits to them.

3. If there is a problem with a seller listing media for sale on MySexyThings.com, the buyer agrees to contact MySexyThings.com to make us aware of the problem. MySexyThings.com when possible assist the buyer in working out the problem with the seller, and if a serious problem is found, will ban problem sellers from listing media for sale on the site.

4. Sections 7 through 16 in the terms below under the studio agreement apply to buyer accounts on the MySexyThings.com site as well.

 

Mysexythings  Studio Terms and Conditions

Studio Agreement

Mysexythings (hereafter referred to as "Mysexythings") maintains a website   site, www.Mysexythings (Website), to which registered content providers,   producers and sellers (hereafter referred to as the "Studio") can upload media   in electronic format (Files) for the purpose of allowing Mysexythings to act   as agent for licensing rights to consumers. By registering with Mysexythings   for the purpose of providing content, Studio agrees to the following:

1. Consent.

Studio must be at least 18 years of age to apply for registration  with   Mysexythings to provide content.  The Studio shall provide sufficient proof   that owner , all managing partners and participants of Studio is at least 18   years of age.  Furthermore, any and all participants  portrayed within any   content from the Studio (hereafter known as "Actors") will be at least 18   years of age. Mysexythings shall not be required to  monitor Actors within   Studios and it is the sole responsibility of Studio to provide proof of age of all Actors appearing in its content.  Mysexythings may elect at any time and  in its sole discretion to monitor any area or records pertaining the Website for compliance with this Agreement or for any other reason.

2. Licensed Materials.

All materials provide by Studio and uploaded to the Mysexythings website  shall be licensed to Mysexythings for posting by Mysexythings pursuant to the   “Grant of License” set forth in Section 3. All content or Files uploaded to   the Mysexythings server shall constitute “Licensed Materials”. Studio   represents and warrants to Mysexythings that any and all content uploaded by   Studio is exclusively owned by Studio and /or that Studio has the full and   complete authority to utilize and license the Licensed Materials.

3. Grant of Licenses.

By uploading media content, the Studio agrees to give Mysexythings   irrevocable nonexclusive royalty-free rights to use the Licensed Materials for   any purpose including publication, display, modification, and creation of   derivative works. Mysexythings has the right to license any content up until   the time the Studio removes the file from the Website.  The Studio retains the   right to revoke licenses to content by removing the content from the Website   at any time.  This grant of License to Mysexythings does not effect any   transfer of  title to the Licensed Materials or any copyright, trademark,   patent or other intellectual or proprietary right to Mysexythings.  All   copyrights remain the sole ownership of the Studio and the Studio is solely   responsible for its intellectual property rights

4. Distribution of Licensed Materials.

Mysexythings retains the right to provide royalty-free copies of all content to paying customers who have purchased rights to the content.

5. Copyright.
  The copyright of all content uploaded by the Studio is retained by the Studio.   The Studio may not upload content to which they do not own the copyrights.   Anybody found uploading material that they do not have rights to will have all   their studios closed and all funds frozen. While Mysexythings maintain a ZERO   TOLERANCE policy on piracy, Mysexythings shall have no obligation or   requirement to enforce or prosecute copyright violations or any infringement   on Licensed Materials.

 6. Studio Payment.
  The Studio shall be entitled to a commission based on an agreed upon commission schedule.    The Studio will have access to records in order to determine the amount of   payment it will receive.  The Studio  acknowledges and agrees that it must   earn and  collect a minimum of $50 from its Licensed Material(s)  as a   condition precedent to any payment to Studio. Compensation may  be via the methods indicated in the pay out section upon mutual determination of the parties.

Additional Condition Precedents to Payment:

In order to receive compensation for sales of content, the Studio must   remain in good standing with the following terms:

(a) Registration. The Studio represents and warrants that the Studio and   all participants have provided Mysexythings with accurate, complete, and   updated registration information while registering and agrees to correct and   update that information to ensure its accuracy and completeness at all times.  
  (b) Account Responsibility. All Studios who register online for Mysexythings   will receive an account and password. The Studio is entirely responsible for   any and all activities conducted through his or her account and shall   indemnify Mysexythings for any use of the same The Studio may permit another   individual to use the account subject to the Studio's supervision and   assumption of all resulting duties, obligations and  liabilities. The Studio   agrees to notify Mysexythings immediately of any unauthorized use of the   Studio's account or password as well as of any other breach of security.
  (c) User Names. Upon the Studior registration as a Studio of Mysexythings, the   Studio may be asked to choose a username to identify the Studiorself to other   Studio and Mysexythings staff. the Studio may not select or use a username of   another person, or a name which violates any third party's trademark right,   copyright, or other proprietary right, which is or may be illegal, which may   cause confusion, or which Mysexythings deems in its discretion to be vulgar or   otherwise offensive. Mysexythings reserves the right in its sole and absolute   discretion at any time and without any prior notice to Studio to delete any   content for any reason or no reason at all. 

(d) Former Studio. Studio whose accounts have been terminated by Mysexythings   may not access their Studio Website in any manner or for any reason without   the express written permission of Mysexythings. The termination of any Studio   Account shall be deemed an unequivocal termination and revocation of Studio’s   right to utilize Mysexythings or its website services.  Studio acknowledges   and agrees that Mysexythings may terminate Studio at any time without any   prior notice. Studio is not granting or conferring any benefit to Mysexythings,   but its grant of license of Licensed Materials, which license shall terminate   upon Mysexythings’s termination of Studio Account.  Accordingly, Studio   acknowledges and agrees that it shall have no claim or cause of action against   Mysexythings for any termination as no damages shall be sustained by Studio,    except for any residual payments remaining pursuant to Section 6.  Studio may   make no demand for payment until it complies with all conditions precedent.    Active Studios may not knowingly allow former Studio who have been terminated   to use the active Studio' accounts.
  (e) By uploading content such as video media & image files, the Studio   warrants that it and its participants are the legal owner and authorized   licensors of the copyright thereto.
  (f) By uploading content, the Studio warrants that the content does not depict   subject matter in a manner that violates any laws, regulations or standards of   decency in its community.
  (g) By uploading content, the Studio warrants that the uploading was not done   with the intent to harass, threaten, embarrass or cause distress, unwanted   attention, or discomfort upon another person or entity.
  (f) By uploading a model release or otherwise representing that subjects   depicted in an image file have consented to publication for whatever purpose,   the Studio warrants that the information is complete and accurate.

7. Indemnification
  The Studio shall indemnify, defend and hold harmless Mysexythings, its   officers, directors, employees, partners, associates, affiliates, joint   venturers, agents and representatives, from any and all claims based on   allegations which, if true, would constitute a breach of any of the foregoing   warranties, and any and all liabilities, losses, damages, expenses (including   attorneys' fees and costs) and damages in consequence thereof. Mysexythings   reserves the right, at its own expense, to assume the exclusive defense and   control of any matter otherwise subject to indemnification, which shall not   excuse the Studio's indemnity obligations.

8. Control of Operations
  (a) Mysexythings, in its sole and absolute discretion, may remove any content   uploaded to the Website, including content that may appear to infringe the   intellectual property rights of others or that violate any copyrights, laws,   or deemed vulgar.
  (b) Studio Privacy.
  Mysexythings may access and disclose any information about the Studio or any   content the Studio provides to the Website if Mysexythings believes in good   faith that such action is reasonably necessary to enforce this Agreement, its   copyright policy, to comply with the law and legal process, to operate its   systems properly, to protect itself, its Studio, or users.
  (c) Mysexythings reserves the right, but does not assume the responsibility,   to restrict conduct which Mysexythings deems in its discretion to be harmful   to individual Studio, damaging to the communities that use Mysexythings, or in   violation of Mysexythings's or any third party's rights.

9. Disclaimers
  (a) Mysexythings expressly disclaims all warranties and conditions of any   kind, either express or implied, including without limitation any implied   warranties or conditions of merchantability, fitness for a particular purpose,   non-infringement of third party rights, and those arising from a course of   dealing or usage of trade.
  (b) Mysexythings, its licensors, and subcontractors do not warrant any   connection to, compatibility with, transmission over, nor results or use of,   any network connection or facilities provided (or failed to be provided)   through Mysexythings. From time to time the porting of particular content may   not be feasible and Mysexythings may remove any such content from the Website   without any liability to the Studio. The Studio is responsible for assessing   its own computer and transmission network needs, and the results to be   obtained therefrom.
  (c) Mysexythings assumes no responsibility for any actions or liabilities   arising from the possession or use of images, photos, files or software   obtained from the Website.
  (d) Mysexythings makes no warranty that service will be uninterrupted, timely,   secure, or error free. Mysexythings makes no warranty as to the use or the   results that may be obtained from the use of Mysexythings.
  (e) Mysexythings makes no warranty with respect to any related software or   hardware used or provided by Mysexythings in connection with the Website. Any   patent, copyright, trademark, trade secret or warranty infringements, whether   actual or alleged, are the direct responsibility of the manufacturer of said   hardware or software product.

10. Limitation of Liability
  The Studio acknowledges that Mysexythings shall not assume or have any   liability for any action by Mysexythings or its affiliates and licensees with   respect to the use of content. To the fullest extent permitted by applicable   law, including but not limited to, negligence, Mysexythings shall not be   liable to the Studio for any indirect, incidental, special or consequential   damages (including, without limitation, damages or loss of business, lost   profits, business interruption, loss of business information, or any other   pecuniary loss, even if Mysexythings has been advised of the possibility of   such damages, in connection with Mysexythings or with any other product or   service provided by Mysexythings , or resulting from the use of or the   inability to use the Website or any transaction entered into through or from   Mysexythings , or from unauthorized access to or alteration of the Studior   transmissions, data, or account. The Studio specifically agrees that   Mysexythings is not responsible or liable to the Studio or anyone else for any   threatening, defamatory, obscene, offensive or illegal conduct or speech of   any other party or any infringement or violation of another's rights,   including intellectual property rights, rights of publicity, or rights of   privacy. Mysexythings holds no liability to the Studio for breach of this   agreement.

11. Termination
  Either the Studio or Mysexythings may terminate the Studio's account with   Mysexythings at any time with or without cause. the Studio only right with   respect to any dissatisfaction with any (i) Agreement term or policy or   practice of Mysexythings in operating the Website, (ii) content available   through Mysexythings or change therein, or (iii) amount or type of fees or   billing methods, or change therein, is to terminate the Studio account with   Mysexythings by notifying Mysexythings support of the desire to terminate by   e-mail.  Notice of termination will be effective upon receipt by Mysexythings,   or upon receipt of confirmation if confirmation is requested.

12. Impermissible Conduct
  The Studio may not upload content which is unlawful and agrees to use   Mysexythings only for lawful purposes.  The Studio may not post to or use   Mysexythings to transmit any content which is deemed by Mysexythings to be   generally offensive to the public or harmful. Any conduct by the Studio that   in Mysexythings's sole discretion restricts or inhibits any other the Studio,   person or entity from using or enjoying Mysexythings or another service will   not be permitted and shall entitle Mysexythings to immediately terminate the   Studio's account and close the Studio without notice.

13. Severability.

If any term or provision of this Agreement is found to be unenforceable for   any reason, this Agreement shall remain in full force and effect and shall be   fully enforceable on its remaining terms and conditions.

14. Arbitration
  A material part of this contract due the nature of the content of the media   and privacy concerns of all parties involved is the Agreement to confidential   arbitration. Any and all disputes arising out of, under or in connection with   this Agreement, with the exception of copyright claims, including without   limitation, its validity, interpretation, performance and breach, shall be   submitted to arbitration in Cleveland, Ohio pursuant to the rules of the   Arbitration Act and submitted to JAMS alternative dispute resolution systems,   at the time arbitration is demanded. Judgment upon any award rendered may be   entered in the highest court of the forum having jurisdiction. This Agreement,   its validity and effect, shall be interpreted under, and governed by, the laws   of the State of Ohio, in the venue of the Cuyahoga County,   and the Studio   agree that the arbitrators shall award all costs of arbitration, including   legal fees, plus legal rate-of-interest to the successful party. Copyright   infringement claims shall be brought in the Courts of the State of Ohio. the   Studio consent to service of any required notice or process upon the Studio by   registered mail or overnight courier with proof of delivery. [INITIAL   _________]  The Studio agrees and acknowledges that this provision was freely,   knowingly and intentionally entered into and not a contract or provision of   adhesion.  The Studio has equal bargaining position in negotiating this   provision and deems the mandatory arbitration requirements as acceptable in   its best interest. [_____]

15. Legal Fees and Jurisdiction
  If Mysexythings is obligated to go to court, rather than arbitration, to   enforce any of its rights, or to collect any fees, the Studio agrees to   reimburse Mysexythings for its legal fees, costs and disbursements if   Mysexythings is successful. The Studio agrees that the Courts of the State of   Ohio, County of Cuyohaga  are the agreed and appropriate forums for any such   suit, and consent to service of process by registered mail or overnight   courier with proof of delivery. [INITIAL____]

16. Entire Agreement
  The Studio ACKNOWLEDGES THAT the Studio HAS READ THIS AGREEMENT, UNDERSTANDS   IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. This Agreement   comprises the entire agreement between Mysexythings and the Studio, and   supersedes any prior agreements. Mysexythings reserves the right, at its   discretion, to revise this Agreement at any time, and such revision shall be   effective immediately upon the posting of the revised Agreement at the   Website. The Studio agrees to review the Agreement periodically to become   aware of such revisions. If any such revision is unacceptable to the Studio,   the Studio may terminate the Studio as provided in Section 10. the Studio   continued use of Mysexythings following posting of the revised Agreement on   the Website shall be deemed to be acceptance of all such revisions.