Terms and Conditions / User Agreement

This update mostly works in consumers' favor: xHamster deleted the fixed cash-penalty clauses (which used to charge you flat fees like 100 EUR or 5,000 EUR for things like chargebacks, trademark misuse, or site interference) and replaced them with ordinary 'pay for actual damages' language. It also added 'Sign up with X' as a login option and clarified that disputes with victims of abuse (stalking, intimate image abuse, etc.) can get an account banned instantly without warning. On the downside, creators who want to monetize content now must sign a separate 'Ad Revenue Agreement' and won't get backpay for any period before that's signed, and the old carve-out letting regular (non-verified) Members upload a profile photo without ID verification has been deleted, meaning profile photos may now fall under the Verified-Members-only rule.

Setting a profile photo may now require full ID verificationBefore, any member could add a profile photo (avatar) under a special rule, without…

Before, any member could add a profile photo (avatar) under a special rule, without becoming a verified creator. That special rule has been deleted. Because the agreement elsewhere says only verified members can upload any content, adding a simple profile photo could now require going through the full Creators' Program ID-verification process, which involves submitting government ID and other identifying documents to a third-party verification service.

“all Members may upload a main photo on the Site as an avatar using the "edit profile" section”

What you can do — If you want to set or change your profile photo, check your account settings to see whether it now prompts you to complete ID verification, and decide whether you're comfortable submitting ID documents just to do so.

USER OBLIGATIONS

Creators need a separate contract to get paid, with no backpayIf you upload and monetize content as a Verified Member, simply joining the Creators'…

If you upload and monetize content as a Verified Member, simply joining the Creators' Program is no longer enough. You now must sign a separate 'Ad Revenue Agreement.' If you upload content before signing it, you won't be paid for that period unless the company agrees otherwise in writing — so delays in signing the extra contract can mean lost income.

“No revenue, remuneration or other payment shall accrue or be payable to a Verified Member in respect of any period before the Ad Revenue Agreement has been concluded, unless otherwise expressly agreed by the Company in writing.”

What you can do — If you monetize content on the site, confirm you've signed the Ad Revenue Agreement before uploading new content, so you don't lose revenue for an unpaid gap period.

OTHER

No more separate 'effective date' — new terms apply the moment they're postedThe document used to list a distinct effective date. Now it explicitly states there's no…

The document used to list a distinct effective date. Now it explicitly states there's no such delay: whatever version is live on the site at the moment you use it is the one that governs you, with no buffer period after posting.

“This Agreement does not have a separate effective date: each version enters into force upon its publication on the Site and remains in force until it is replaced by a subsequent version.”

UNILATERAL CHANGES

Instant account bans now allowed for certain serious misconductThe company can now permanently terminate an account immediately, with no warning, if it…

The company can now permanently terminate an account immediately, with no warning, if it decides a user engaged in stalking, coercive behavior, intimate image abuse, or similar serious misconduct. This is aimed at protecting other users from abuse, but it does broaden the company's power to cut off access without any notice or chance to respond first.

“We may suspend or permanently terminate such User's account without prior warning.”

TERMINATION

20261009_rev01 → 20261010_rev01COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Effective Date: October 09, 2026
 Last Modified: March 09, 2026
 Sites Covered: [https://xhamster2.com/](https://xhamster2.com/)
 ## Introduction
 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 [Contact us / Single point of contact](https://xhamster2.com/info/contact). Please note that you can use English or Greek to contact us. Our [Contact us / Single point of contact](https://xhamster2.com/info/contact) can be used by any individual, legal entity, trusted flaggers, recipients of the service and/or authorities (including EU Member State authorities, EU Commission and EU Board) to send us any type of communication.
 ## 1\. Preliminary Provisions
 **1.1. Party Definitions.** The Parties referred to in this Agreement are defined as follows:
+.1.1. **Company** is the operator of the https://xhamster2.com/ Website. "Company" 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 Company and/or to any other sites that We may choose to operate in the future. Additionally, when the terms "the Site" or "Site" or the "Website" are used, these terms refer to https://xhamster2.com/, any predecessor or successor domain or URL, along with any website published by Us, unless a site is specifically exempt from this Agreement. 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 Company (collectively referred to as the "Materials").
+.1.1. **Company** is the operator of the Website as defined below. "Company" 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 Company and/or to any other sites that We may choose to operate in the future. Additionally, when the terms "the Site" or "Site" or the "Website" are used, these terms refer to https://xhamster2.com/, its subdomain(s) and all other related domain names (including any predecessor or successor domain or URL), as well as any other website operated by the Company on which the Company is identified as the service provider in accordance with applicable law and through which the Services are made available to Users, unless a website is specifically exempted from this Agreement. For the avoidance of doubt, a domain name shall not be considered a Site or Website if it has not been created, registered or operated by the Company, or if the Company is not authorized to use such domain name. 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 Company (collectively referred to as the "Materials").
 .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.
+.1.3. **User vs. Member vs. Verified Member.** For the purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. 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. You are not considered a Member, as defined by this Agreement, until such time as You have submitted Your online account Registration (hereinafter "Registration"). You become a Member by registering with the Site for a User ID and password, as required by the Registration, as discussed below, or by enabling and registering with other available means of registration defined in Our Website. Registration is available without the provision of Your e-mail address. Also, registration is available via "Sign up with Google" function, that is available in the registration page of the Site. You are not considered a Verified Member, as defined by this Agreement, until such time as You have submitted Your online application to participate in Our Creators' Program (hereinafter "Verification"), subject to these Terms and the Creators' Program Terms. You become a Verified Member once Your application has been reviewed by Us and Your online account has been accepted into the Creators' Program.
+.1.3. **User vs. Member vs. Verified Member.** For the purposes of this Agreement, all Members and/or Verified Members are Users, but not all Users are Members. This Agreement applies to all Users whether they are Members or not. 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. You are not considered a Member, as defined by this Agreement, until such time as You have submitted Your online account Registration (hereinafter "Registration"). You become a Member by registering with the Site for a User ID and password, as required by the Registration, as discussed below, or by enabling and registering with other available means of registration defined in Our Website. Registration is available without the provision of Your e-mail address. Also, registration is available via "Sign up with Google" and "Sign up with X" function, that is available in the registration page of the Site. You are not considered a Verified Member, as defined by this Agreement, until such time as You have submitted Your online application to participate in Our Creators' Program (hereinafter "Verification"), subject to these Terms and the Creators' Program Terms. You become a Verified Member once Your application has been reviewed by Us and Your online account has been accepted into the Creators' Program. In order to be able to publish and monetize (if applicable) their Content, Verified Members must also enter into the Ad Revenue Agreement, as described in clause 2.2.12.
 **1.2. Electronic Signatures / Assent Required:**
+.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 the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 and similar federal and state laws. YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENT BY TAKING ANY ACT DEMONSTRATING YOUR ASSENT THERETO. Most likely, You have clicked or will click a button containing the words "I agree", "Sign Up" or some similar syntax or use "Sign up with Google" function in order to register on Our Website. YOU SHOULD UNDERSTAND THAT THIS HAS THE SAME LEGAL EFFECT AS YOU PLACING YOUR PHYSICAL SIGNATURE ON ANY OTHER LEGAL CONTRACT. 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.
+.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 the Electronic Signatures in Global and National Commerce Act (E-Sign Act), Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 and similar federal and state laws. YOU MANIFEST YOUR AGREEMENT TO THIS CONTRACTUAL AGREEMENT BY TAKING ANY ACT DEMONSTRATING YOUR ASSENT THERETO. Most likely, You have clicked or will click a button containing the words "I agree", "Sign Up" or some similar syntax or use "Sign up with Google" and "Sign up with X" function in order to register on Our Website. YOU SHOULD UNDERSTAND THAT THIS HAS THE SAME LEGAL EFFECT AS YOU PLACING YOUR PHYSICAL SIGNATURE ON ANY OTHER LEGAL CONTRACT. 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.
 .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:**
 .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.
+.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://xhamster2.com/info/terms](https://xhamster2.com/info/terms) 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.
+.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://xhamster2.com/info/terms](https://xhamster2.com/info/terms) (and at the corresponding page of each other Website) 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.
 .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.
+.5.4. **Applicable Version.** The version of this Agreement that applies to You is the version that is publicly available on the Site at the time of Your access to or use of the Site and/or Services. This Agreement does not have a separate effective date: each version enters into force upon its publication on the Site and remains in force until it is replaced by a subsequent version.
 **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:
 .6.1. Privacy Policy (available via [https://xhamster2.com/info/privacy](https://xhamster2.com/info/privacy));
 .6.2. Cookie Policy (available via [https://xhamster2.com/info/cookie-policy](https://xhamster2.com/info/cookie-policy));
 **2.2. Membership or User Account:**
 .2.1. Although a big part of the Site is available without creating an account, to access certain features of the Site and Services, You must either register as a Member of the Site or become a Verified Member.
 .2.2. In connection with completing the Registration, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Registration (such information being the "Registration Data"); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a Member or a Verified Member.
+.2.2.1. As part of the Registration, You will be issued with or You may choose a unique username and password which You must enter in order to gain access to the non-public sections of the Site (for instance, to Your own account on the Site). You may also obtain access to the non-public sections of the Site if You registered on the Site via the "Sign up with Google" or "Sign up with Twitter" function. At the same time, under clause 1.1.3. of the Agreement, registration on the Site is available without the provision of an e-mail address, that is why We encourage You to remember Your username and password to be able to enter into Your account and to the non-public portions of the Site. If You want to be able to recover Your account, then You are strongly advised to provide Us with an e-mail address, which can be used for Your verification in case You either forget Your username or password, or You will want to deactivate Your account. You can provide an e-mail address either upon registration, or at a later stage through the "edit profile" section, available in the following link: [https://xhamster2.com/my/edit/profile](https://xhamster2.com/my/edit/profile). To recover Your password, You may use the dedicated page in Your account. However, if You do not provide Your e-mail address and You forget Your username or password, then We will be unable to confirm that such account is indeed Yours and thus You will be unable to recover access to Your account. What is more, if You do not provide an email upon registration or afterwards by editing Your profile, We will not be able to reactivate Your account in case You deactivate it.
+.2.2.1. As part of the Registration, You will be issued with or You may choose a unique username and password which You must enter in order to gain access to the non-public sections of the Site (for instance, to Your own account on the Site). You may also obtain access to the non-public sections of the Site if You registered on the Site via the "Sign up with Google" or "Sign up with X" function. At the same time, under clause 1.1.3. of the Agreement, registration on the Site is available without the provision of an e-mail address, that is why We encourage You to remember Your username and password to be able to enter into Your account and to the non-public portions of the Site. If You want to be able to recover Your account, then You are strongly advised to provide Us with an e-mail address, which can be used for Your verification in case You either forget Your username or password, or You will want to deactivate Your account. You can provide an e-mail address either upon registration, or at a later stage through the "edit profile" section, available in the following link: [https://xhamster2.com/my/edit/profile](https://xhamster2.com/my/edit/profile). To recover Your password, You may use the dedicated page in Your account. However, if You do not provide Your e-mail address and You forget Your username or password, then We will be unable to confirm that such account is indeed Yours and thus You will be unable to recover access to Your account. What is more, if You do not provide an email upon registration or afterwards by editing Your profile, We will not be able to reactivate Your account in case You deactivate it.
 .2.2.2. You certify that when asked to choose a username You will not choose a name which may falsely represent You as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to change such username or delete the relevant account if it violates any of the aforementioned rights.
 .2.3. **Community User.** Upon completing the Registration, You may choose to become a Community User by submitting a photographic image containing Your face and a handwritten text of Your username and "xHamster.com". If You comply with requirements described herein, You will receive a special mark that confirms Your status as Community User.
+.2.4. **Verified Member.** this option is available for all Members, and it is offered for the purpose of allowing Members to activate the Creators' Program features, including but not limited to, uploading Content to the Site. Member's verification means that such User's documents (documents containing Your full legal name, picture, date of birth and other identifying features such as Your address) and data have been verified by a third-party service provider as engaged by Us from time to time. We do not accept any liability for the services provided by such third-party service provider. All data processing is done pursuant to Our Privacy Policy and the third-party service provider's privacy policy. We may request additional documents from a Member for Verification to establish Your age and identity both prior and after the Verification, and We may also change the number of documents requested from Members from time to time at Our sole discretion. Types of documents accepted for Verification purposes are not the same for everyone and are set, between Us and the service provider, on a country basis and may include one or several of the following: national ID, national passport, international passport, citizenship card, state ID, driver's license (only for countries where a national ID or passport is not mandatory). We reserve the right to review all and any verification results received from the service provider engaged at a time and render Our own final and binding decision as to the acceptance of data provided. However, should the Site verify the identity of a particular Member, such verification does not reflect or have any bearing on that Member's professional reputation or reliability as a proper business partner and, therefore, it should not be relied upon. Verified Members are in no way endorsed by the Site or its agents and have not been subjected to any screening process except as described above in this provision. Therefore, We specifically disclaim any and all liability associated with any communication, both online or offline, between any user and such Verified Member.
+.2.4. **Verified Member.** This option is available for all Members, and it is offered for the purpose of allowing Members to activate the Creators' Program features, including but not limited to, uploading Content to the Site. Member's verification means that such User's documents (documents containing Your full legal name, picture, date of birth and other identifying features such as Your address) and data have been verified by a third-party service provider as engaged by Us from time to time. We do not accept any liability for the services provided by such third-party service provider. All data processing is done pursuant to Our Privacy Policy and the third-party service provider's privacy policy. We may request additional documents from a Member for Verification to establish Your age and identity both prior and after the Verification, and We may also change the number of documents requested from Members from time to time at Our sole discretion. Types of documents accepted for Verification purposes are not the same for everyone and are set, between Us and the service provider, on a country basis and may include one or several of the following: national ID, national passport, international passport, citizenship card, state ID, driver's license (only for countries where a national ID or passport is not mandatory). We reserve the right to review all and any verification results received from the service provider engaged at a time and render Our own final and binding decision as to the acceptance of data provided. However, should the Site verify the identity of a particular Member, such verification does not reflect or have any bearing on that Member's professional reputation or reliability as a proper business partner and, therefore, it should not be relied upon. Verified Members are in no way endorsed by the Site or its agents and have not been subjected to any screening process except as described above in this provision. Therefore, We specifically disclaim any and all liability associated with any communication, both online or offline, between any user and such Verified Member.
 .2.5. Members are permitted to create one (1) account only.
 .2.6. Membership may not be transferred or sold to a third party unless otherwise permitted by Us in writing.
 .2.7. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify the Site immediately of any breach of security or unauthorized use of Your account.
 .2.9. User access to the Site is free of charge. We do not provide paid memberships of any kind. Any premium memberships or subscriptions made available via the Site are provided in part or entirely by third parties, regardless of any branding or names associated with such memberships. The Site is not responsible for the activities of any third party or the content of any third party site, including a third party's use of cookies or any other information (such as IP address, browser type or operating system) collected when You click through links on the Site to their sites or view their advertisements. Links to such third party sites are not to be taken as an endorsement by the Site of the third party site or any products or services promoted therein, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties. You are responsible for reviewing any terms and conditions of and the privacy policies of such third party sites.
 .2.10. We are committed to transparency regarding our recommendation system, as mandated under article 27 of the Digital Services Act (the "DSA"). To learn more about the main parameters used as well as any options for you to influence those main parameters of our recommendation system, please visit our [EU DSA](https://xhamster2.com/info/eu-digital-services-act) page.
 .2.11. A verified Member has the right to participate in Our Referral Program, as it is described in Appendix 1 to this Agreement.
+.2.12. Participation in the Creators' Program, whether as an individual content creator or as a legal entity, does not by itself entitle a Verified Member to receive any revenue, remuneration or other payment from the Company. A Verified Member may upload and monetize (if applicable) Content uploaded to the Site only after such Verified Member has entered into a separate ad revenue sharing agreement with the Company (the "Ad Revenue Agreement"). No revenue, remuneration or other payment shall accrue or be payable to a Verified Member in respect of any period before the Ad Revenue Agreement has been concluded, unless otherwise expressly agreed by the Company in writing. All matters relating to monetization, revenue sharing and payments shall be governed by the Ad Revenue Agreement, which shall prevail over this Agreement in the event of any conflict in respect of such matters.
 **2.3. Deactivation or termination of Your Membership or User Account.**
 .3.1. You have the option to cancel Your membership at any time through your [profile settings](https://xhamster2.com/my/edit/profile). Then click on "Disable account", enter Your password and then click the "Deactivate account" option. This Agreement's provisions shall survive any deactivation or termination, unless otherwise stated. Upon Our processing of Your request, You will no longer have access to the non-public areas of the Site to which You were a Member. It is hereby emphasized that the purpose of the "Deactivation" option is to allow You to close Your account and make it publicly unavailable and it is not to hide or delete any or all of Your Content and account permanently. After a deactivation, Your account may only be restored if You had provided Us with an e-mail address and only in cases where such e-mail address has been verified. After one (1) year, deactivated User accounts without any uploaded content that have not been reactivated, may be permanently deleted at the sole discretion of the Company.
 In accordance with Our [Privacy Policy](https://xhamster2.com/info/privacy), You also have the right to delete Your account and all information that We store about You permanently. The possibility to delete your account may be available to you in your profile settings (click on "edit profile" and then select the "Disable account" option). Alternatively, You may use Our [Contact us / Single point of contact](https://xhamster2.com/info/contact).
 .3.2. Without limiting other remedies, We may temporarily or indefinitely suspend, or terminate Your access and use of the Site and Services at any time, with or without advance notice, if:
 .3.4. You agree that if Your access is terminated by Us, You will not attempt to regain access to the Site, using the same or different username, without a prior written consent from Us.
 .3.5. In order to maintain the integrity of the Site and Services, fulfill the terms of the Agreement or to investigate complaints, You agree to allow Us to access Your account and any other information You have submitted or created, for as long as reasonably required to investigate the complaint or protect Our interests.
 .3.6. You agree that You will not use Our Services to publicly discuss any infractions, warnings, or bannings. You must discuss any concerns about such topics with Us directly.
+.3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, as well as subjecting You to criminal and civil liability. If applicable, You are responsible for any credit card charge-backs, dishonored checks and any related fees that Site incurs with respect to Your account. If You fail to reimburse Us for any credit card charge-backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred euros (100.00 EUR) in additional liquidated damages as well as any costs incurred by Us for each fee incurred.
+.3.7. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site and Services by You, without prejudice to any other measures available to Us under clause 2.3.10 of this Agreement or under applicable law.
 .3.8. The Site and its affiliates disclaim any and all liability arising from fraudulent entry and use of the Site. If a User fraudulently obtains access, the Site may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws.
 **2.3.9. Account Deletion Due to Inactivity**
 .3.9.1. We reserve the right to delete Your account and all associated data if Your account remains inactive for a period of two (2) years, You have not provided a verified email address and Your account does not have uploaded content (as defined by Us in our sole discretion).
 .10.2. Inform You about contact(s) from another Member(s);
 .10.3. Provide information to You regarding similar products or services;
 .10.4. Inform you of any significant changes made to this Agreement or any other internal rules of the Company.
+**2.11. Restriction of services.** This Agreement contains different provisions which outline that certain behaviors or violations may result in the restriction of Our services. As a general rule, any breach of this Agreement may lead to the restriction of the provision of Our services or termination of Your account. The decision to provide a warning or take immediate action without notice will depend on the severity of the violation.
+**2.11. Restriction of services.** This Agreement contains different provisions which outline that certain behaviors or violations may result in the restriction of Our services. As a general rule, any breach of this Agreement may lead to the restriction of the provision of Our services or termination of Your account. The decision to provide a warning or take immediate action without notice will depend on the severity of the violation. n particular, where a User engages in violent, threatening, stalking, coercive or controlling behavior, intimate image abuse, misogynistic abuse or similarly serious conduct towards others, We may suspend or permanently terminate such User's account without prior warning.
 **2.12. Measures and protection against misuse under article 23 of the DSA.**
 .12.1. **Suspension of services.** We reserve the right to suspend the provision of Our services for a reasonable period of time to Users that provide manifestly illegal content. Such suspension shall occur after the issuance of a prior warning to the User, depending on the severity of the violation.
 .12.2. **Suspension of notice and complaint processing.** We reserve the right to suspend, for a reasonable period of time, the processing of notices and complaints submitted through Our notice and action mechanisms (available via [Contact us / Single point of contact](https://xhamster2.com/info/contact)) and internal complaints-handling systems (appeal procedure which is also available via [Contact us / Single point of contact](https://xhamster2.com/info/contact)) if they are frequently found to be manifestly unfounded. Prior to suspension, a warning will be provided to the complainant, depending on the severity of the violation.
 **4.3.** 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.
 **4.4.** 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.
 **4.5.** We respect the intellectual property rights of all parties, and have adopted a policy regarding the protection of intellectual property and, where necessary, we will terminate accounts of the repeat copyright infringers under the Digital Millennium Copyright Act and DSA.
+**4.6.** 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.
+**4.6.** 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 the rules of conduct set out in this Agreement and in Our Trust and Safety policy.
 ## 5\. Restrictions and Regulations Governing Use of Our Site and Services:
 **5.1.** 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.
 **5.2.** You are strictly prohibited to:
+.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;
+.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;
+.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);
+.2.2. Upload, post, or otherwise make available any submission that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another person's privacy, hateful, discriminatory or otherwise objectionable, or use the Website to engage in, threaten, promote, encourage, facilitate or assist any form of stalking, coercive or controlling behavior, intimate image abuse (including the sharing, or threatened sharing, of intimate images of a person without their consent, whether such images are real or created or altered by artificial intelligence or other means), misogynistic abuse or sexual violence. 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, or unconscious or sleeping persons (this list is provided as an example only and is not an exhaustive list of submissions that are forbidden on the Website);
 .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;
 .2.4. Upload, post, or otherwise make available any submission depicting or involving animal cruelty;
 .2.5. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
 .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";
 .2.17. Remove any copyright or other proprietary notices from Our Site or any of the Materials contained therein;
 .2.18. Frame or utilize any framing techniques in connection with Our Site or any of the Materials contained therein;
+.2.19. Use any meta-tags or any other "hidden text" using Our Site's name or marks. You hereby stipulate that any use of the Site's name or marks, or any other marks owned by Us is an infringement upon Our trademark rights, and You stipulate to liquidated damages of five thousand euros (5,000 EUR) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs;
+.2.19. Use any meta-tags or any other "hidden text" using Our Site's name or marks, or any other marks owned by Us, without Our prior written consent;
 .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;
+.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;
+.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;
 .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;
 .2.23. Share any information provided to You by another Member, unless such Member has given You permission to do so;
 .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;
 Please be advised that the reference to the "Company" in this section and throughout the Agreement refers to the operator of the Website, which is:
 .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 set forth in Section 5.3, 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 using our [Contact us / Single point of contact](https://xhamster2.com/info/contact). 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.
 **5.4.** 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.
+**5.5 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. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand euros (5,000 EUR) plus any and all fees associated with recovery of these damages, including attorney's fees and costs plus the damages that the Company suffers as a result of violation of this clause.
+**5.5. 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. If You do not adhere to this provision of this Agreement, We may take any of the measures set out in clause 2.3.10 of this Agreement, without prejudice to Our right to claim compensation for the damage actually suffered by the Company as a result of such violation in accordance with applicable law.
 ## 6\. User Submissions
 **6.1.** The Site allows its Verified Members to submit Content or other material, and allows the hosting, sharing, and/or publishing of such submissions. By submitting Content or other material to Us, You indicate Your intent for Us to make such material available on the Site and any other affiliated sites, whether by affiliation of ownership or contract.
 **6.2.** You shall be solely responsible for Your own submissions and the consequences of posting or publishing them. In connection with Your submissions, You affirm/warrant that:
 .2.4.4. You understand that the license granted by You to Your submissions terminates within a timeframe defined in the agreement that You sign to participate in the Creators' Program.
 **6.3.** By submitting any content to the Site, You grant Us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content and materials in connection with the Site, Services, and Our business, including without limitation for use with, training of and improving Our machine learning and artificial intelligence (AI) solutions, models, neural networks and other AI tools, whether generative or another type.
 **6.4.** Any of Your submissions are compliant with all applicable laws, including but not limited to 18 U.S.C. §2257 and 28 C.F.R. 75 and You are able to provide such documents as required upon Your Verification and/or Content submission.
+**6.5.** Our Company respects the intellectual property rights of all parties and has implemented a [Copyright infringement / DMCA Policy](https://xhamster2.com/info/dmca). While Our Company is not based in the United States of America, We voluntarily comply to the provisions of the Digital Millennium Copyright Act ("DMCA"). In addition, we have provided the ability to submit a notice of copyright infringement to us in accordance with the provisions of the DSA. Our Copyright infringement/DMCA Policy has a strict procedure for removing content that allegedly infringes upon intellectual property rights. If you believe your intellectual property rights have been violated, please follow the procedure outlined in our [Copyright infringement / DMCA Policy](https://xhamster2.com/info/dmca).
+**6.5.** Our Company respects the intellectual property rights of all parties and has implemented a [Copyright infringement / DMCA Policy](https://xhamster2.com/info/dmca). While Our Company is not based in the United States of America, We voluntarily comply with the provisions of the Digital Millennium Copyright Act ("DMCA"). In addition, we have provided the ability to submit a notice of copyright infringement to us in accordance with the provisions of the DSA. Our Copyright infringement/DMCA Policy has a strict procedure for removing content that allegedly infringes upon intellectual property rights. If you believe your intellectual property rights have been violated, please follow the procedure outlined in our [Copyright infringement / DMCA Policy](https://xhamster2.com/info/dmca).
 **6.6.** The Site does not endorse any Member submission, and expressly disclaims any and all liability in connection with Member submissions. The Site does not permit copyright infringing activities or infringement of intellectual property rights on the Site, and reserves the right, without being obliged to do so, to promptly, and without an obligation to provide any prior notice, remove all content and Member submissions, if properly notified in accordance with Our Copyright infringement/DMCA Policy of copyright infringements of a third party's intellectual property rights. We reserve the right to terminate the member access and/or privileges of repeat infringers.
+**6.7.** This Website reserves the right, but not the obligation, to assist You with the safeguarding Your copyrights. In the event that any of Your Content is illegally uploaded on another platform, website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You maintain the right to use any means necessary to protect Your Content from copyright infringement.
+**6.7.** This Website reserves the right, but not the obligation, to assist You with the safeguarding of Your copyrights. In the event that any of Your Content is illegally uploaded on another platform, website or any other medium, we may choose to request its removal on your behalf. Similarly, if we receive a report concerning Your Content on our Website, we have the right, but not the obligation, to submit a counter notice or a similar response on your behalf. This is due to your confirmation, by uploading content to our Website, that you are the copyright owner of Your Content. Despite the aforementioned, You acknowledge that You maintain the right to use any means necessary to protect Your Content from copyright infringement.
+**6.8.** For the purposes of this section, "nudity" is the imagery of nude adults depicting female or male genitalia, anus and/or fully nude close-ups of buttocks or uncovered nipples.
+As an exception to the rule included in section 6.1. of these Terms, according to which only Verified Members may submit material to Us, all Members may upload a main photo on the Site as an avatar using the "edit profile" section. To upload a main photo as an avatar (main photo/s), the Member shall understand and warrant the following:
+**6.8.** We reserve the right, at our sole discretion and in compliance with applicable laws, to identify and moderate content submitted to the Site that may be AI-generated or AI-manipulated (including without limitation the content that maybe be AI-generated or AI-manipulated using all possible tools and software) and label such content as potentially AI-generated or AI-manipulated. Such content is subject to the same rules as any other content under these Terms and our other internal rules and policies.
+.8.1. The uploaded photo shall strictly be in compliance with all rules for the submission as defined in these Terms.
+## 7\. Consequences of Breach
+.8.2. By uploading an avatar (main photo/s), You indicate Your intent to make Your main photo/s publicly available.
+**7.1.** In the event of a breach of this Agreement, We may take any of the measures set out in clauses 2.3.10, 2.11 and 2.12 of this Agreement, as applicable, depending on the nature and severity of the breach.
+.8.3. The Site does not permit any non-Verified Members to upload a main photo depicting any nudity, erotic, drugs (the drugs themselves and the persons under influence of drugs), gore/blood, weapons, guns, advertisement (URL, QR codes, telephone numbers), minors, and other inappropriate content defined at the Company's discretion.
+The Company reserves the right to moderate all avatars (main photos) uploaded to the Site by Members in order to verify the compliance with these Terms. Such moderation may be carried out with the assistance of third parties that specialize in moderation and verification services. By uploading the avatar (main photo/s), the Member authorizes the Company to transfer it to the third party for the purposes of moderation and verification.
+**7.2.** Nothing in this Section 7 limits Our right to claim compensation for damage actually suffered by Us as a result of Your breach of this Agreement, or Your indemnification obligations under Section 10, in each case in accordance with applicable law.
+.8.4. The avatar (main photo/s) must comply with this Agreement. If it does not, We reserve the right to delete it without providing any prior notice and close Your account.
+**6.9.** We reserve the right, at our sole discretion and in compliance with applicable laws, to identify and moderate content submitted to the Site that may be AI-generated or AI-manipulated (including without limitation the content that maybe be AI-generated or AI-manipulated using all possible tools and software) and label such content as potentially AI-generated or AI-manipulated. Such content is subject to the same rules as any other content under these Terms and our other internal rules and policies.
+## 7\. Stipulated Liquidated Damages:
+**7.1.** In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
+**7.2.** For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred euros (100 EUR) per occurrence. You specifically agree to pay this one hundred euros (100 EUR) in liquidated damages.
 ## 8\. Warranty Disclaimer
 **8.1.** 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:
 .1.1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
 .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.
 .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.
 .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.
+**10.6.6. 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.**
+**10.6.6. 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 caution.**
 **10.7.** You hereby discharge, acquit, and otherwise release the Company, its parent company, 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:
 .7.1. 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.
 .7.2. 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.
 .1.2. **No waiver of right to arbitration.** There shall be no waiver of the right to arbitration, unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
 .2. Under Article 21 of the DSA, if You are located within the European Union, you also have the right to opt for out-of-court dispute resolution concerning decisions referred to in article 20(1) of the DSA, including unresolved complaints per our internal complaint-handling system (appeal system). You may select any certified out-of-court dispute settlement body established in the Republic of Cyprus, capable of resolving disputes in the English or Greek language. The right to opt for out-of-court dispute resolution is without prejudice to Your right to initiate proceedings in a court, in accordance with applicable law.
 ## 18\. Miscellaneous Provisions:
+**18.1.** 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.
+**18.1.** 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, in accordance with clause 1.5 of this Agreement, 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.
 **18.2. 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.
 **18.3. 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.
 **18.4. 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.
 .4. The Company reserves the right to determine the manner in which payments shall be processed. Payments shall be usually made on a monthly basis if another term is not specified separately by the Company.
 .5. You acknowledge and agree that the Company is not responsible for any currency conversion charges or fees You may incur, or for any fluctuations in the respective value, if any.
 .6. It is Your responsibility to determine which, if any, taxes apply to the payments connected with the Referral Program, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Company is not responsible for determining whether taxes apply to Your payments in connection with the Referral Program and does not act as Your tax agent.
+.7. The Company reserves the right to monitor the actions of the Referrer in order to define whether the Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may impose fines and other kinds of legal liability to the Referrer, including, without limitation, the withholding of earned rewards of the Referrer.
+.7. The Company reserves the right to monitor the actions of the Referrer in order to define whether the Referrer acts in accordance with applicable laws, regulations and/or internal procedures of the Company. In case the Referrer violates any laws, regulations and/or internal procedures of the Company, the Company may take any of the measures set out in clause 2.3.10 of the General Terms, including, without limitation, the withholding of earned rewards of the Referrer.
 ## 3\. ELIGIBILITY
 .1. To participate in the Referral Program the Referrer must meet the following criteria:
 .1.1. The Referrer must be at least eighteen (18) years old or twenty-one (21) years of age, depending on the age of majority in his/her jurisdiction. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
 .3. Users must be 18 years of age or older to access the Website and all types of Content.
 .4. The Company reserves the right to restrict access where the age of the Australian User cannot be reasonably verified.
 ## 5\. Safety, reporting and complaints
+.1. The Company has implemented technical, operational, and procedural measures designed to identify, prevent, and mitigate the distribution of harmful or unlawful material and to reduce the risk of harm to Australian children which may be caused by the distribution of relevant material. Such measures includes without limitation automated detection technologies, human content moderation, safety-by-design product development practices. These measures may be updated from time to time to address emerging online safety risks.
+.1. The Company has implemented technical, operational, and procedural measures designed to identify, prevent, and mitigate the distribution of harmful or unlawful material and to reduce the risk of harm to Australian children which may be caused by the distribution of relevant material. Such measures include without limitation automated detection technologies, human content moderation, safety-by-design product development practices. These measures may be updated from time to time to address emerging online safety risks.
 .2. The Company provides mechanisms enabling users to report content or conduct that may be unlawful, harmful, or otherwise inconsistent with the Agreement. Such reporting mechanism is available via our [Contact us/Single point of contact](https://xhamster2.com/info/contact) form. The Company will review and assess reported content and may take appropriate action, including content removal, restriction, account suspension or other actions as defined in clause 2 of the Agreement.
 .3. More information about our reporting procedure, moderation practices, content upload requirements, technical and organizational safeguards can be found in our Trust and Safety policy ([https://xhamster2.com/info/trust-and-safety](https://xhamster2.com/info/trust-and-safety)).
 ## 6\. Role and functions of eSafety Commissioner
 • receiving complaints and reports about certain types of harmful online material and conduct;
 • administering regulatory schemes relating to cyberbullying, adult cyber abuse, image-based abuse, and illegal or restricted online content;
 • enforcing compliance with the Australian Online Safety Act and applicable online safety codes and standards.
+.3 Australian users have the right to make complaints directly to the eSafety Commissioner regarding any type of harmful online material or conduct that violates the Australian Online Safety Act. To do so, Australian users can access the eSafety Commissioner's contact form via [https://www.esafety.gov.au/about-us/contact-us](https://www.esafety.gov.au/about-us/contact-us) .
+.3. Australian users have the right to make complaints directly to the eSafety Commissioner regarding any type of harmful online material or conduct that violates the Australian Online Safety Act. To do so, Australian users can access the eSafety Commissioner's contact form via [https://www.esafety.gov.au/about-us/contact-us](https://www.esafety.gov.au/about-us/contact-us) .
 Users are encouraged to report content through the Company's internal reporting tools first, where appropriate, so that the Company can review and address the issue promptly.
 .4. The Company reserves the right to cooperate with the eSafety Commissioner in connection with compliance with the Australian Online Safety Act.
 This may include: