Last Modified Date: 31 December 2025
Introduction
Welcome to Our Site’s User Agreement (hereinafter referred to as the “Agreement” or “Terms and Conditions” or “Terms” or “Terms of use”). The provisions of this Agreement will govern Your use of Our Site(s) and the Services contained therein. You should, therefore, take some time to read the Agreement carefully.
Our Site features content that is published by independent third parties, and We do not exercise control or maintain direct association with this content. We refrain from intervening in disputes between third parties and others, and We do not facilitate communication between them. Consequently, it is highly recommended that You exercise Your own judgment when engaging with third parties or clicking on their links. Additionally, it is advisable to conduct your own research on any information found in Our advertisements and commercial communications before making any decisions. We are not responsible for any interactions that occur between Our Users and third parties.
The activities discussed or promoted on the Site, as well as communication by third parties, may be subject to regulation by the laws of Your individual city, state, province, country or nation. It is advisable to check Your local laws before participating in any such activities or using our services.
If You have any questions about Our Agreement or policies, or if you wish to communicate with us, please feel free to contact Us through our email.
1. Preliminary Provisions
1.1. Party Definitions. The Parties referred to in this Agreement are defined as follows:
1.1.1. Xhundchen is the operator of the https://xhundchen.party Website. “Xhundchen” has the meaning defined in this Agreement. When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these pronouns are referring to the Xhundchen. Additionally, when the terms “the Site” or “Site” or the “Website” are used, these terms refer to https://xhundchen.party/terms-of-use/. Our Site(s), and the services available to the Site and that the Site provides (“Services”), may contain images and videos (collectively referred to as the “Content”) and text, software, graphics, data, messages, or any other information, and any other website content owned, operated, licensed, or controlled by the Xhundchen (collectively referred to as the “Materials”).
1.1.2. You, the User. As the User of this Site and/or Services, this Agreement will refer to the User as “You” or through any second-person pronouns, such as “Yours” etc. Hereinafter, the User of the Site and/or Services shall be referred to in applicable second-person pronouns. By using this Website, You certify that You are over eighteen (18) years of age or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction.
1.1.3. This Agreement applies to all Users. You become a User by accessing this Site or the Services in any way, therefore You need not become a Member of the Site to have this Agreement applied to You.
1.2. Electronic Signatures / Assent Required:
1.2.1. Nobody is authorized to access the Site or use the Services, unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by laws in many Countries. YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENT BY TAKING ANY ACT DEMONSTRATING YOUR ASSENT THERETO. If You click any link, button, or other device provided to You in any part of Our Site’s interface, then You have legally agreed to all of these Terms and Conditions. Additionally, by using any of Our Site or Services in any manner, including uploading Your Content to Our Site, You understand and agree that We will consider such use as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
1.2.2. If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site and Services. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing of the Site or using any portion of the Site or Our Services.
1.3. If You are seeking information regarding any illegal activities, You must leave this Site immediately and do not attempt to use the Services. You acknowledge that You are aware of the community standards in Your community, and You will only access the content on the Site and/or use the Services if You believe that the content on the Site does not offend the community standards prevalent in Your community.
1.4. You agree not to use the Services or access the Site if doing so would violate the laws of Your state, province, or country.
1.5. Revisions to this Agreement:
1.5.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. If any amendment of this Agreement is deemed ineffective or invalid by any court, You and We (collectively, the “Parties”) agree that the prior, effective version of this Agreement will be considered valid and enforceable to the fullest extent permissible by law.
1.5.2. We agree that if We change anything in this Agreement, We will change the “last modified” date at the top of this Agreement so that it is immediately apparent that We have updated the Agreement. The Agreement is located at https://xhundchen.party/terms-of-use/ and a link to the Agreement is also at the bottom of the home page of the Site under “Terms of use”. You agree to periodically re-visit this web page, and to use the “refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “Last Modified” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Modified” date has changed, then You can be certain that something in the Agreement has been changed, and that You need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
1.5.3. Waiver. if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for Your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms and We shall not be held responsible.
1.6. Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for Our Site, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement include the following:
1.6.1. Privacy Policy (available via https://xhundchen.party/privacy-policy/);
2. Special Considerations Regarding Minors
2.1. Age of Majority. In order to use the Site or any Services provided by the Xhundchen, You must have attained the age of majority in Your jurisdiction. You represent and warrant that You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Site immediately and may not use or access the Site or use the Services in any manner.
2.1.1. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age.
2.1.2. You represent and warrant that You will not allow any minor(s) to access this Site or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if Your computer or mobile device can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility to keep any age-restricted content from being displayed to Your children or wards.
2.2. WE HAVE A ZERO TOLERANCE POLICY FOR PORNOGRAPHIC MATERIAL INVOLVING MINORS AND HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIA ACTIVITY. ANY ATTEMPT TO UPLOAD SUCH CONTENT WILL IMMEDIATELY BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITY.
2.2.1. You represent and warrant that Your Content contains nothing involving minors.
2.2.2. We have zero tolerance against those who provide or seek any kind of material involving minors.
2.2.3. To uphold Our zero-tolerance policy, You agree to report any videos or images, whether real or simulated, that seem to depict minors on Our Site, in the unlikely event that this such a situation occurs. If You come across any questionable content, report this through email.
2.2.4. All reports will be investigated immediately and all appropriate actions will be taken.
2.2.5. You acknowledge that it is Your responsibility to prevent minors under Your care from accessing any harmful or inappropriate materials. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate materials. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your child(ren) or ward(s).
3. Content and Materials
3.1. Our Site(s) and Services contain images and videos (defined as “Content”) and text, software, images, graphics, data, messages, or any other information, and any other content owned, operated, licensed, or controlled by Us (defined as “Materials”).
3.2. You acknowledge and stipulate that all of the Materials and Content constitute expressive content that, amongst other laws and regulations, may be fully protected by the article 11 of Charter of Fundamental Rights of the European Union, and other similar legal principles.
3.3. You acknowledge and understand that some or all of the Content and Materials on Our Site and transmitted via Our Services may depict activity that is restricted to adults, and is therefore inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Content and Materials provided by or through the Site and that You are not offended by such Content and Materials, and that You access the Site and Services freely, voluntarily, willingly, and for Your own personal pleasure.
3.4. You understand that all of the information, data, text, images, audio, graphics, messages, or any other content on the Site or available via the Services, whether posted publicly or transmitted through Our messaging services or the messaging services of third parties, are the sole responsibility of the party from whom the Content or Materials originated. This means that You are entirely responsible for any and all content that You upload, post, transmit, e-mail, message, or otherwise publish or make available via Our Services. We are not always able to control the Materials posted on the Member profiles, forums, or any other User communications, and as such We do not guarantee the accuracy, integrity, quality, or any other aspect of such posted Materials or Content. You agree that by using the Site and Services covered by this Agreement, You very well may be exposed to Content that You might find offensive, indecent, problematic, or otherwise objectionable. Under no circumstances will We accept liability in any way for any Content and/or Materials posted by, uploaded by or transmitted by Our Members, verified or not.
3.5. We further reserve the right, at Our sole discretion, to delete any content violating the terms within this Agreement. We may delete any Content or Materials including pictures, videos, messages, forum posts, or profiles that are deemed, at Our sole discretion, to be illegal, immoral, offensive, or in violation of the letter and spirit of this Agreement and the purpose of the Site. Further, all Content submissions may be made by Verified Members only and are subject to mandatory preview as well as to the Site’s community standards and per conduct policy.
4. Restrictions and Regulations Governing Use of Our Site and Services:
4.1. You agree that You will only use the Site and Services for purposes expressly permitted and contemplated by this Agreement. You may not use the Site and Services for any other purposes, including any commercial purposes, without Our express prior written consent.
4.2. You are strictly prohibited to:
4.2.1 Upload, post, or otherwise make available any files or products that contain images, photographs, software or other material protected by intellectual property laws, including, for example, copyright or trademark laws (or rights of privacy or publicity) unless You own or control the rights to such material or have obtained all necessary consents;
4.2.2. Upload, post, or otherwise make available any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes, but is not limited to, submissions involving minors, animals, rape, incest, violence, blood, defecation, vomiting, persons under the influence of alcohol or drugs, unconscious or sleeping persons (this list is given as an example only and is not an exhaustive list of submissions that are forbidden on the Website);
4.2.3. Harm or exploit minors in any way. This includes, but not limited to, uploading, posting, emailing, or otherwise transmitting any submission involving a minor;
4.2.4. Upload, post, or otherwise make available any submission depicting or involving animal cruelty;
4.2.5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4.2.6. Forge headers or otherwise attempt to disguise the origin of any submission transmitted through the Site;
4.2.7. Upload, post, or otherwise make available any submission that You do not have a right to transmit under contractual or fiduciary relationships. This includes, for example, any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
4.2.8. Upload, post, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, unless specifically designated by us for such purposes;
4.2.9. Interfere with or disrupt the Site, servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks or third party providers connected to, or providing the Site;
4.2.10. Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations enforceable by law;
4.2.11. Stalk or otherwise harass another User of the Site;
4.2.12. Collect or store personal data about other Users, including via the use of any data mining, bots, or similar data gathering and extraction tools;
4.2.13. Duplicate any part of Our Site or the Materials contained therein or received via the Services, except as expressly provided elsewhere;
4.2.14. Create any derivative works based on Our Site, or on any of the Materials contained therein, or received via the Services. You agree and stipulate that any and all derivative works are NOT considered “fair use”;
4.2.15. Use Our Site or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;
4.2.16. Re-distribute or “scrape” Our Site or any of the Materials contained therein or received through the Services. You hereby agree and stipulate that any and all such uses are NOT considered “fair use”;
4.2.17. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained therein;
4.2.18. Frame or utilize any framing techniques in connection with Our Site or any of the Materials contained therein;
4.2.19. Use any meta-tags or any other “hidden text” using Our Site’s name or marks;
4.2.20. Circumvent any encryption or other security tools used anywhere on the Site or in conjunction with the Services. This includes actions such as the theft of usernames and passwords or using another person’s username and password to gain unauthorized access to a restricted area of the Site;
4.2.21 Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or Services or any of Your rights to access and use the Materials or Services, as granted specifically by this Agreement;
4.2.22. Use Our Services for any commercial purpose, unless expressly agreed to by Us in writing and at Our sole discretion. Without such consent by Us, Your use of the Site and Services is strictly for personal use only;
4.2.23. Share any information provided to You by another User, unless such User has given You permission to do so;
4.2.24. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
4.2.25. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s property or of the Site and Services;
4.2.26. Download any file posted by another user of a Service that You know, or reasonably should know, cannot be legally distributed in such manner;
4.2.27. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
4.2.28. Restrict or inhibit any other user from using and enjoying the Services;
4.2.29. Publish falsehoods or misrepresentations that could damage the Site or any third party;
4.2.30. Unless expressly permitted by Our Xhundchen, post advertisements or solicitations for any business;
4.2.31. Use the Services in connection with unlawful contests, lotteries, or gambling, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
4.2.32. Organize and/or participate in any funds transfer or any asset transfer arrangement organized by any Member You meet on this Site;
4.2.33. Request or send money, or any other form of financial assistance, from or to any Member that You encounter on this Site;
4.2.34. Harvest or otherwise collect information about others, including e-mail addresses or other personally-identifiable information;
4.2.35. Create a username, that consists only of keywords and categories, that are usually used for search optimization in the industry. It is also prohibited to exploit search engine optimization in order to obtain more views and popularity of Your profile and interfere the work of the Xhundchen’s search optimization;
4.2.36. Create a false identity, including misrepresented real age, location, country of residence, country of origin, religion, height, weight, and any other item of personal description for the purpose of misleading others;
4.2.37. Provide personal contact information, such as email address, telephone numbers, street address or similar personally-identifying information in Your Member profile or any other publicly-viewable posts.
4.2.38. Use all the content and materials available on our Site for the purpose of use with, training of and improving any third-party machine learning and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative or another type.
4.3. Restrictions on Interactive Communication Mediums. The Site is intended to act as an avenue of communication and provide enjoyment to its Members. The Site may supply various opportunities to its Members to facilitate such communication via forums, discussion boards, blog-type publications, commenting features and other interactive chat capabilities.
4.3.1. Fraud and Scam Warning. The Site has no way of determining the validity of any communication that You receive from another Member or the legitimacy of the person behind such communications. You expressly understand and agree that if any other Member or individual You are in communication with on this Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is highly likely a scam or a fraudulent scheme and You are at a very high risk of being defrauded. We strongly suggest reporting this along with the username of the requesting Member immediately using our Contact us / Single point of contact and reporting this to Your local law enforcement authorities.
Please be advised that the reference to the “Xhundchen” in this section and throughout the Agreement refers to the operator of the Website, which is:
4.3.2. We reserve the right to review and/or reject any Content created and/or posted by Users. We may delete any Content contained within, including but not limited to, the communication mediums by email, without warning. However, the Site undertakes no obligation to monitor User content or take any such actions. We encourage Our Users to report any violations of the restrictions specified herein via email to us. Uploading prohibited depictions violates this Agreement, and may result in the suspension or deletion of Your account as well as any other measures We deem, in Our sole discretion, as necessary.
4.4. You agree to cooperate with Us to promptly cease any unauthorized use. You are solely responsible for submitting any material that violate the laws of any jurisdiction, whether on a national, European, or international level. The responsibility persists even if a claim arises after Your service is terminated. Such actions on your part shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement. Nothing contained in this Agreement shall obligate Us to monitor or investigate any use of Our Services by Our Users or other third parties, other than as required by applicable law.
4.5 Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of Our Materials or any other materials from Our Site. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.
5. Warranty Disclaimer
5.1. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SITE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
5.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
5.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
5.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
5.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
5.1.5. ERRORS OR OMISSIONS IN 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 SITE.
5.1.6. THE SITE RESERVES THE RIGHT TO DELETE ANY CONTENT OR LINK WITHOUT ANY NOTICE OR WARNING TO THE USER WHO UPLOADED IT.
5.1.7. THE SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY-PROVIDED PRODUCT OR SERVICE ADVERTISED ON, OFFERED BY, OR FEATURED ON THE SITE OR THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE SITE 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.
6. Limitation of Liability
6.1. IN NO EVENT SHALL THE SITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
6.1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
6.1.2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE;
6.1.3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
6.1.4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE;
6.1.5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
6.1.6. 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE XHUNDCHEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2. IN THE EVENT THAT YOU DO NOT SUPPLY THE SITE WITH YOUR E-MAIL ADDRESS AS A MEANS OF COMMUNICATION, YOU SPECIFICALLY ACKNOWLEDGE AND WAIVE ANY CLAIM BASED ON THE SITE’S GOOD FAITH DISABLING OF ACCESS TO, OR REMOVAL OF, MATERIAL OR ACTIVITY WHICH HAS BEEN CLAIMED TO BE INFRINGING, OR BASED ON FACTS OR CIRCUMSTANCES FROM WHICH INFRINGING ACTIVITY APPEARS LIKELY, REGARDLESS OF WHETHER THE MATERIAL OR ACTIVITY IS ULTIMATELY DETERMINED TO BE INFRINGING.
6.3. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE SITE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR LOCAL LAW.
6.4. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SITE 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.
6.5. IN NO EVENT SHALL OUR MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR SERVICES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR TEN EUROS (10.00 EUR), WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Indemnification:
7.1. To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless the Site, its parent, subsidiary and affiliated corporation(s), their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site; (ii) Your violation of any part of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Site.
7.2. The provision of any services which are in violation of any laws is strictly prohibited. If We suspect that You or any User has provided or intends to provide any services or material in violation of any law, Your ability to use the Site and Services will be terminated immediately without any reimbursement of any payment You may have made to Us. We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that We may be legally compelled to do so. We do hereby disclaim any liability for damages that may arise from any User providing any material or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may be imposed on Us arising from Your violation of any law – whether online or offline.
7.3. You also agree to defend and indemnify Us should any third party be harmed by Your illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party.
7.4. Our Site and Services contains material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to immediately cease review of the Site and use of the Services should You find them offensive.
7.5. You agree to defend, indemnify, and hold harmless Xhundchen, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site, Services, or any of the Materials contained therein, or Your breach of any of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel, but are not obligated to do so.
7.6. This Service is for Amusement Purposes.
7.6.1. You understand and accept that Our Site and Services is an entertainment and a recreational service. All Content depicts consenting models over the age of eighteen (18) or twenty-one (21) years of age, depending on the age of majority in their jurisdiction, that have provided rights to the Site to publish the content. All Content is provided for the amusement and entertainment of Our Members and Users.
7.6.2. Any User accessing Our Site in an effort to engage in or facilitate illegal or tortious activities shall have their account and/or access to the Site and the Services subject to immediate cancellation, and may be reported to the appropriate law enforcement authorities.
7.6.3. You understand and accept that if You attempt to contact other Members on the Site, all activities or interactions resulting therefrom are solely of Your own volition. You understand and accept that no communication between You and other Members is private because such communication may be disclosed by the malicious actions of other parties who are part of such communication. You hereby specifically release Us and all other Members from any liability for any privacy violations, defamation, publicity, false light, and related torts, in the event that Your communications and/or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
7.6.4. We do not endorse, confirm, support, verify or validate the accuracy or the reliability of any of the information posted by Members on this Site. This includes but is not limited to Member identity, text, photographic images, videos, and any other content. You are encouraged to thoroughly inspect the credentials and background of any person You have contact or communicate with via Our Site or Services.
7.6.5. You explicitly and expressly understand and agree that We assume no liability or responsibility, financial or otherwise, for the truthfulness, accuracy, intent, motives, or behavior of anyone on this Site or any of its affiliate sites. Your contact or communication with Members on this Site, and on any affiliate sites if applicable, is at Your own risk. People use the Internet for various motives and intentions. It is solely Your responsibility to verify the accuracy, truthfulness, good intentions, and motives of anyone that You contact or communicate with on this Site. We are not responsible, nor liable for any aspect, legal or otherwise, of any conversations, contact, or other information exchanged between Members online or offline.
7.6.6. When interacting with Members of this Site, do not provide any personal information to individuals who can misuse that information to Your detriment. While the Site and Services may provide a venue for the exchange of information, ideas, and even goods or services, they do not act as a guarantor of the accuracy of such information or activity, and all Users/Members are encouraged to approach the veracity of any communications or contact occurring as a result of the Site and Services with cautious.
7.7. You hereby discharge, acquit, and otherwise release the Xhundchen, its parent Xhundchen, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Site and Services including, but not limited to, claims relating to the following:
7.7.1. Sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy violations, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or services and any other technical failure that may result in inaccessibility to the Site, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Site and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
7.7.2. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You. This release is intended by the Parties to be interpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the Parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
8. Links and Linking:
8.1. Some websites which are linked to the Site are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible for or liable for the availability of such external websites or resources, We do not screen or endorse them, and We are not responsible for or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
8.2. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein, and not by this Agreement or Our Privacy Policy, which is incorporated into this Agreement by reference.
8.3. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not necessarily constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Site, but are for Your convenience.
8.4. You hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Site or via the Services. We reserve the right to terminate any link or linking program at anytime.
9. Notice:
9.1. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site. Notices by customers to Us shall be given by email to us.
9.2. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party, pursuant to this provision of the Agreement.
9.3. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., DHL or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed given upon receipt. 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. Either party may, by giving the other party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
9.4. Refused, Unclaimed, or Undeliverable Notice. 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.
10. Communication not Private:
10.1. We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Us or through Our electronic communications shall be deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into or on this Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages for the purposes of effectively combating any illegal content. If You do not consent to this, You should refrain from using any of Our electronic communications.
11. Force Majeure:
11.1. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s or Services’ performance.
12. Miscellaneous Provisions:
12.1. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Us on the Site, shall constitute the entire agreement between You and Us concerning the Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Site’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. The Site reserves the right to amend these Terms and Conditions at any time and without notice, and it is Your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify Your assent to and acceptance of its revised terms.
12.2. Assignment. The rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
12.3. Severability. If, for any reason, a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
12.4. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity 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.
12.5. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
12.6. Complete Agreement. This Agreement constitutes the entire agreement between the Parties with respect to Your access and use of the Site, Services and the Materials contained therein, and Your use of the Site and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
12.7. Governing Law. This Agreement shall be subject to and construed and interpreted in accordance with the laws of the Germany, without regard to its conflict-of-laws provisions.
18.8. Other Jurisdictions. We make no representation that the Site, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.