Last Updated: 23/04/2023
Incrowdly Incorporated is the owner and operator of www.eyecandyvids.com and any affiliated websites and related mobile versions (“Eye Candy Vids, us, our, ours, etc.”). Eye Candy Vids is a collaboration platform that connects fans (“Fan(s)”) and producers, distributors, performers, and other professionals in the field of content creation (“Creator(s)”). Fans may post ideas for audiovisual productions (“Idea(s)”). Creators may post plans for the creation and release of audiovisual productions (“Project(s)”) which are based on the Ideas submitted by Fans or based on the Creator's own concepts. Fans may make non-charitable donations (“Donation(s)”) to Creators to fund the Projects. Once a Project is completed, the Creator will post the final audiovisual production (“Vid(s)”) on Eye Candy Vids, and we will disburse the Donations to the Creator.
These Terms of Use are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Eye Candy Vids (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Eye Candy Vids, (“Materials”), and any Materials posted to or otherwise shared on Eye Candy Vids by you, including the Ideas, Projects, and Vids (“Content”).
By accessing Eye Candy Vids or using the Services, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.
We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated 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. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Eye Candy Vids. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.
Eye Candy Vids is an administrative platform only. We facilitate the Projects by assisting Fans in making Donations to Creators. We are not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. We do not solicit Donations on behalf of any individual, entity, or organization. The Materials are not intended to provide financial, legal, tax or other professional advice. Before making Donations or posting any Ideas, Projects, or Vids, you should consult your financial, legal, tax or other professional advisor as appropriate. We do not guarantee that a Project will obtain a certain amount of Donations or any Donations at all, and we do not guarantee that a Project will be completed nor that a Vid depicting the Project will be released on Eye Candy Vids. We expressly disclaim any liability or responsibility for the outcome or success of any Project, the release of any Vids, and the use of any Donations. You must make the final determination as to the value and appropriateness of making or soliciting Donations for any Project.
All users may register for a single account of on Eye Candy Vids, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. All registered users that provide a valid payment method may make Donations as a Fan.
To accept Donations and to post Projects and Vids as a Creator, you must also submit valid and current banking information and any necessary age verification documentation, including a copy of a government-issued identification card, and you must agree that we, or our contractors, are authorized to collect, store, and maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.
If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any Materials posted by our users.
You will not use, attempt to access, or ask for the login credentials for any third party's account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.
You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Eye Candy Vids. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.
We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.
You understand that all we are offering you is access to Eye Candy Vids and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Eye Candy Vids or use the Services. All users may access certain public areas of Eye Candy Vids and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Eye Candy Vids for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Eye Candy Vids or the Materials therein. We also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Eye Candy Vids and use the Services and the Materials therein, as limited by your Donations related to certain Projects and your additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Eye Candy Vids and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.
If you are a Fan, you understand and agree that Donations are not consideration for access to the Vids, that your Donation does not form a contract between you and the Creators, and that Creators are under no obligation to complete or release the Vid. Your Donation to any Project does not entitle you to any special access to the Vids in the event the Project is not completed or the Vid is not released on Eye Candy Vids. If you are a Creator, you agree to take reasonable diligent efforts to produce any Vid related to a Project for which you receive Donations, regardless of whether such Project meets its fundraising and release goals. In all instances, whether you are a Fan or a Creator, you understand that Eye Candy Vids is not responsible for the completion of any Project nor the release of any Vid.
From time to time, we may allow Creators to (a) accept Donations to fund Projects related to Vids that will be posted publicly for all users to access, and (b) accept Donations to fund Projects in exchange for providing Fans who make Donations to the Project with early, exclusive, or other special access to the Vid related to that Project. From time to time, we may allow Creators to sell post-release access to the Vid.
If you are a Creator, you understand and agree that it is your sole responsibility to set any special access restrictions related to each Vid on the associated Project page. If you are a Creator who chooses not to set special access restrictions or fails to set special access restrictions on the Project page of any Vid, you understand and agree that we will make the Vid associated with that Project available to all users, and you grant all users a right to access and view that Vid. If you are a Creator who sets special access restrictions on the Project page associated with any Vid, you grant those Fans who make sufficient Donations to such access-restricted Vids with whatever special access is displayed on the Project page, according to the specific Fans' Donation amount. If you are a Fan, you understand and agree that you will not receive special access to access-restricted Vids unless you have made a sufficient Donation to fund the associated Project, and that all grants of special access related to such Vids will be limited by your Donation amount to such associated Projects.
From time to time, we may allow Creators to sell access to the access-restricted Vid to those Fans who did not make a sufficient Donation, or any purchase, prior to the Vid's release. If you are a Creator, it is your sole responsibility to designate the post-release purchase price for each access-restricted Vid. If you fail to designate a post-release purchase price for any access-restricted Vid, you understand and agree that we may make that Vid available to all users free of charge. If you are a Creator, you grant all Fans who purchase post-release access to your Vids with a license to access and view such Vids. If you are a Fan who did not make a sufficient Donation, or any purchase, to the Project associated with an access-restricted Vid prior to competition and release, you understand and agree that you will not be able to access or view the Vid, unless (i) we make that Project available to all users, or (ii) you purchase post-release access to such Vid. Whether you are a Fan or a Creator, you understand and agree that all post-release access purchases are legally binding contracts that bind Fan to pay for access to the Vid, and that bind Creator to provide access to the Vid.
We may permit you to submit Content to Eye Candy Vids. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Eye Candy Vids non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Eye Candy Vids.
You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content for our business (and the business of our successors), including for promoting and redistributing any part of Eye Candy Vids (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Eye Candy Vids at our sole discretion. We may freely use this Content for any purpose. By posting Content to Eye Candy Vids, you consent to (i) being depicted the Content, and (ii) the Content being publicly distributed on Eye Candy Vids.
Further, you grant each user of Eye Candy Vids a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through Eye Candy Vids, as permitted through Eye Candy Vids and under these Terms of Use, and as limited by each user's Donations related to certain Projects or additional purchase of certain paid features and upgrades, including post-release access to Vids.
If you produce any Content depicting other individuals, or if you are depicted in Content posted by another Creator, we shall only be responsible for compensating the account of the Creator from which the sale of the Content is made. The posting Creator is solely responsible for segregating, dividing, and distributing any revenue generated from any Content depicting individuals other than the posting Creator. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between the posting Creator and the other Creator(s) depicted in the Content. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Content depicting other Creator(s). You further agree that any claim arising from any Content depicting other Creator(s) shall be asserted only against the posting Creator and/or the Creator(s) participating or appearing therein, and not against us.
For each individual depicted in any sexually explicit content which depicted nudity or actual / simulated sexual activity (“Explicit Content”), you must provide (i) a copy of the depicted individual's government-issued photo identification which confirms the depicted individual is at least eighteen (18) years of age, (ii) a selfie of the depicted individual holding the ID near their face, (iii) a 2257 Compliance Form completed and signed by the depicted individual, and (iv) a Consent Form signed by the depicted individual. We may refrain from publicly distributing any Explicit Content until you have supplied the necessary documentation for all individuals depicted in the Explicit Content.
You will not record or upload any Explicit Content that (a) depicts any individual under eighteen (18) or that includes promotions or advertisements that any depicted individual is under eighteen (18), regardless of the depicted individual's actual age, (b) was filmed in any public place where members of the public are reasonably likely to see, (c) depicts any individual in a manner where we are unable to readily identify the individual, including instances where the individual's face is obstructed, or (d) depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) scenarios involving lack of consent, including rape, sexual assault, kidnapping, torture, hypnosis, intoxication, violence, sadomasochistic abuse, hardcore bondage, weapons, or asphyxiation; (ii) sexual activity involving minors; (iii) age-play or adult baby/diaper lover Content, (iv) incest; (v) bestiality, including monstrous humanoids or animal-themed sex toys; (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) illegal prostitution or human trafficking; (ix) “revenge porn” defined as any Content containing any individual who has not consented to being depicted in the Content, or to the Content being distributed on the Services; (x) unsolicited sexual Content sent directly to another user or Content otherwise sexual objectification of another user in a nonconsensual manner; (xi) illegal or illicit drugs; (xii) suicide, self-harm, or extreme pain, whether inflicted by yourself or a third party, including oversized toys, genital mutilation, or extreme fisting; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
You understand that all depictions on Eye Candy Vids are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the Materials. If you seek any form of child sexual abuse material (whether real or virtual), you must exit Eye Candy Vids immediately. We do not provide or promote underage materials, and we do not tolerate those who seek underage materials. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on Eye Candy Vids. Further, the solicitation, promotion, and facilitation of prostitution and sex trafficking (whether of minors or adults) are strictly prohibited. If you engage in such activity, whether on Eye Candy Vids or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.
Eye Candy Vids contains material that may be considered offensive by third parties, including Explicit Content. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing Materials they may deem offensive, and you agree to cease accessing Eye Candy Vids and using the Services should you find them offensive. Specifically, you represent and warrant that you are aware that Eye Candy Vids is an inclusive platform which permits the posting of such Materials, and that you are not offended by such Materials. You further represent and warrant that you are familiar with and comply with your jurisdiction's laws and community standards. Finally, if you are a Creator, you represent and warrant that you are aware that your Content may be viewed by individuals across the world that may recognize your true identity, regardless of any privacy or geofencing features that may be offered by us.
You agree that you will only use Eye Candy Vids, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Use. You may not use Eye Candy Vids, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user's account and access to Eye Candy Vids or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of Donations, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.
If you are a Creator, you will not, without our express prior written authorization:
If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms of Use, we may delete your account without payment or permanently ban you from Eye Candy Vids.
If you are aware of any Materials on Eye Candy Vids or any user engaging in activities that violate these Terms of Use, please access our Report Abuse form and provide as much detail as possible, including a description of the objectionable Materials or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable Materials or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative Materials and suspicious activity to us. We may consider you complicit in any fraud to which you were knowledgeable of suspicious activity but failed to report it.
Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Eye Candy Vids receiving a subpoena, discovery request, production order, search warrant, or court order that causes Eye Candy Vids to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
If you provide valid and current payment information, you may purchase certain features and upgrades from Eye Candy Vids, including post-release access to Vids. The price of each feature or upgrade is displayed on Eye Candy Vids, and you may only purchase such features or upgrades for the currently displayed price. We reserve the right to charge additional fees for access to Eye Candy Vids or any other feature or service of Eye Candy Vids, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Eye Candy Vids.
If you provide valid and current payment information, you may make Donations to Creators to fund the Projects. ALL DONATIONS ARE VOLUNTARY, NOT TAX DEDUCTABLE, AND AT YOUR OWN RISK. Donations are not consideration, do not form a contract between you and the Creator, and do not entitle you to any goods or services from the Creator.
If you are a Creator, you understand and agree that we charge a five percent (5%) processing fee on all Donations, and you understand and agree that payment of any Donations associated with your Projects will be limited by any fundraising and release goals set by you on the Project page. It is your sole responsibility to set all fundraising and release goals on each Project page. If you choose not to set any fundraising and release goals, or if you fail to set any fundraising and release goals, you understand and agree that we will not be responsible for paying any Donations to you until the Vid associated with the Project is completed and released on Eye Candy Vids. If you fail to meet your fundraising goals by your release goal, or if you fail to release your Vid by your release goal, you understand and agree that we are under no obligation to provide payment to you for the Donations associated with the Project, and we may return such Donations to the Fans.
We are not responsible for any offers, promises, rewards, or promotions made or offered by Fans or Creators in relation to the Donations. You will not offer, promise, or reward any thing of value (or a chance to receive a thing of value) in exchange for making or receiving a Donation. You will not offer or accept any good or service in exchange for a Donation.
In connection with and incidental to the solicitation of Donations to fund the Projects, Creators may offer certain gifts to those Fans that make a sufficient Donation as a “thank you” recognition of their financial support (“Gifts”), including access to the Vid upon release. Creators may not offer Gifts that violate these Terms of Use or any applicable law, rule, or regulation. Creators must make a good faith effort to fulfill all Gifts associated with the Creator's Projects in the timeframe communicated by the Creator. Creator must prioritize fulfillment of the Gifts over personal profits related to the Project. We may withhold funds from your account or take any other action necessary, including suspending or terminating your account, if you fail to reasonably fulfill all Gifts associated with your Projects. Whether you are a Fan or a Creator, you understand and agree that shipment or acceptance of Gifts may expose you to certain tax obligations. We disclaim all responsibility for all tax obligations related to the Gifts.
By making a Donation, you are merely providing voluntary financial support for a Project, and you are not promised anything in return. Fans accept the sole risk that the Project will experience changes, delays, or other unforeseen challenges that may result in cancellation of the Project, failure to release the Vid as described, or failure to fulfill the Gifts in a satisfactory manner. We do not guarantee or represent that Gifts will be delivered or satisfactory. Though we reserve the right to do so, we undertake no duty or responsibility to investigate claims made by Fans or Creators related to the fulfillment of Gifts. We do not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality, or legality of any Gift, Project, or Vid. Any date of delivery posted on Eye Candy Vids is an estimate provided by the Creator, not Eye Candy Vids. We have no control over dates of delivery, and we do not guarantee that Gifts will be fulfilled by this date, or by any date, if at all. No transfer of title to personal property occurs through Eye Candy Vids.
If you are a Creator, we will pay you an eighty percent (80%) commission on all post-release purchases associated with your Vids (“Commissions”). We reserve the right to change this percentage at any time. From time to time, we may offer certain increased commission percentages as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on Eye Candy Vids.
Whether you are a Fan, Creator, or an unregistered user, you understand and agree that we have no responsibility to make any payments associated with any Project or Vid, except to the Creator who posted the Project and the associated Vid. Third parties involved with the production (including models, directors, producers, camera and audio operators, editors, and other audiovisual production professionals) will not be paid by Eye Candy Vids. All payments to such third parties shall be governed by an agreement between the Creator who posted the Project or Vid and such third parties.
If you are a Creator, we will issue payment to you for all Donations and Commissions in your selected payment method for any monies earned during the proceeding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold and have released the Vid associated with the Project to which the Donations were made. You are responsible for providing accurate bank account or payment method details identifying where earnings will be sent. You must own or control the account associated with your payment method, and you agree to provide us with such information as we may request to confirm your ownership or control. You cannot cash out until you have met the minimum payment threshold and have released the Vid associated with the Project to which the Donations were made. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Use against any money that we owe to you under these Terms of Use.
We may adjust, deduct, or hold the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, and technical errors.
You agree to pay any and all charges, fees, and taxes associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent's name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.
You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of these Terms of Use.
We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Eye Candy Vids. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Eye Candy Vids, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Eye Candy Vids incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.
If you make a purchase on Eye Candy Vids that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold any funds or proceeds generated from interactions that result in a chargeback.
We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.
You understand and agree that it is our standard policy that all purchases and Donations are final and nonrefundable. We reserve the right to address all refund requests and Donation returns in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.
If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity�s terms in addition to those contained in these Terms of Use.
We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
Eye Candy Vids prohibits and seeks to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on Eye Candy Vids and to review transactions that meet certain thresholds. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our Privacy Policy) to financial regulators or law enforcement according to our Subpoena Policy or as otherwise deemed necessary by us.
We may prevent you from creating an account, suspend or terminate your account, or request additional information from you if (1) you provide fraudulent account or payment information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC's list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide requested information in a timely manner, we will terminate your account.
These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Use agree that all actions or proceedings arising in connection with these Terms of Use or any services or business interactions between the Parties that may be subject to these Terms of Use shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Use. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
If you are a Creator and have a dispute with Eye Candy Vids arising out of or otherwise relating to payments for Donations or Commissions, you shall meet with Eye Candy Vids and negotiate in good faith to attempt to resolve the dispute. If you and Eye Candy Vids are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment's protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator. 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.
You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.
You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.
We provide access to Eye Candy Vids and use of the Services “as is” and “with all faults.” We make no warranty that Eye Candy Vids or the Services will meet your needs or requirements. We disclaim all warranties “ express, statutory, or implied ” including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Eye Candy Vids or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Eye Candy Vids at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Eye Candy Vids or any transaction entered into through Eye Candy Vids. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.
You expressly agree that access to Eye Candy Vids and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Eye Candy Vids or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Eye Candy Vids, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Eye Candy Vids is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such Materials, 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 material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the Materials 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 child, it is your responsibility, not ours, to keep any age-restricted Materials on Eye Candy Vids from being displayed or accessed by your children or wards.
While we take efforts to prevent our Services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Eye Candy Vids other than through purchases and Donations. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through purchases and Donations. You expressly understand and agree that if any other user that you are in communication with on Eye Candy Vids requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.
We expressly disclaim all liability for any user-generated Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content or any portion thereof, at any time, for any reason, with or without prior notice. If we choose to monitor Eye Candy Vids at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.
No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree Eye Candy Vids shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release Eye Candy Vids from any and all liability and claims associated therewith.
Eye Candy Vids may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other 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. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Eye Candy Vids and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to demote or remove any link at any time.
Access to Eye Candy Vids and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Eye Candy Vids and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. 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 such claims by any party.
You agree to defend, indemnify, and hold harmless Eye Candy Vids, 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, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Eye Candy Vids or the Materials, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may 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 suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, 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 Eye Candy Vids including claims relating to the following:
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 Eye Candy Vids, 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.
We expressly disclaim any liability or responsibility to you for any of the following:
Eye Candy Vids is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Eye Candy Vids may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Eye Candy Vids.
Except for Materials posted by our users, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Eye Candy Vids, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.
We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Eye Candy Vids, and we will remove all Materials if properly notified that the Materials infringes on another's copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user's access to Eye Candy Vids, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our DMCA Policy.
These Terms of Use and any other legal notice or agreement published by us on Eye Candy Vids, forms the entire agreement between you and us concerning your use of Eye Candy Vids. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Eye Candy Vids. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.
We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; 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, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Eye Candy Vids, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at [email protected] unless otherwise specified in these Terms of Use. 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 these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. 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, email server, or overnight delivery service.
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Eye Candy Vids may be read by the agents and operators of Eye Candy Vids, regardless of whether they are the intended recipients of such messages.
You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain materials not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
We allow you to access and use Eye Candy Vids, the Services, and the Materials, as limited by your Donations related to certain Projects and your additional purchase of certain paid features and upgrades, including post-release access to Vids, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Eye Candy Vids.
You agree to be bound by any affirmation, assent, or agreement you transmit through Eye Candy Vids. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.
You understand and acknowledge that the software elements of the Materials on Eye Candy Vids may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:
“Including” means “including, but not limited to.”
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. 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 these Terms of Use.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.
We make no representation that Eye Candy Vids, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access to Eye Candy Vids, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Eye Candy Vids and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that Eye Candy Vids is subject to the laws of any nation besides the United States.
You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Eye Candy Vids. Eye Candy Vids IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Eye Candy Vids while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Eye Candy Vids cannot be held liable if laws applicable to you restrict or prohibit your participation. Eye Candy Vids makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Eye Candy Vids, nor shall any person affiliated, or claiming affiliation, with Eye Candy Vids have authority to make any such representations or warranties. We reserve the right to restrict access to Eye Candy Vids in any jurisdiction.
© Walters Law Group (2023). All rights reserved.