(“we, us, our, ours, etc.”) is the licensed operator of www.megapersonals.eu and any affiliated websites and related mobile versions and all services provided thereon (“MegaPersonals”). Our goal is to provide a safe, authentic, and law-abiding social introduction platform for our users. To assist in this effort, we require that all users agree to certain terms governing their use of MegaPersonals.

These Terms of Use constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of MegaPersonals, a platform that allows registered users who have passed our strict age verification procedures (“Publishers”) to publish personal classified posts (“Posts”). We are the exclusive licensee of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on MegaPersonals (“Materials”), except for the Posts which belong to the Publishers and are licensed to us herein.

By accessing or using MegaPersonals, 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 MegaPersonals freely, voluntarily, willingly, and for your own personal enjoyment; (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness; and (e) you are aware of the adult-oriented nature of the content on MegaPersonals, are not offended by adult-oriented content, are familiar and compliant with your jurisdiction’s laws affecting your right to access and publish adult-oriented content.

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” or “Clear Cache” function 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 MegaPersonals. 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.

No Illegal Activities: The solicitation, promotion, and facilitation of illegal activities are strictly prohibited. If you engage in any illegal activity activity or if you solicit or offer to purchase or sell any illegal goods or services, whether on MegaPersonals or through links to external websites, we may terminate your account without refund and take any other appropriate action that we reasonably deem necessary to restrict your access to MegaPersonals.

No Minors: We take a strong and definite stand against use of MegaPersonals by minors, and we only permit Posts to be published by consenting adults. We take great measures to ensure that no minors appear in the Posts. Publishers are required to undergo strict age verification procedures before publishing Posts on MegaPersonals. You understand that all depictions on MegaPersonals are of persons over the age of eighteen (18) on the date of production. If you seek any form of child sexual abuse material, whether real or virtual, (“CSAM”) you must exit MegaPersonals immediately. We do not provide or promote CSAM, and we do not tolerate those who seek to access or share CSAM. In order to further our zero-tolerance policy, you agree to report any suspected CSAM as described below. Further, you will not allow any minor to access MegaPersonals using your device or account, and you will not share the Materials or the Posts with any minor.

All users may view the Posts without registering for an account. To become a Publisher and publish Posts on MegaPersonals in accordance with these Terms of Use, you must (i) register for no more than one (1) account on MegaPersonals; (ii) pass our age verification procedures; (iii) otherwise meet the requirements set forth in and abide by these Terms of Use; and (iv) if you live or reside in any jurisdiction other than the United States, provide a valid payment method and purchase virtual tokens (“Tokens”).

We may contract with independent, third-party age verification service providers that may require you to pay for the age verification procedures associated with the approval of your account on MegaPersonals. You understand and agree that (i) your use of such third-party age verification services is governed by the website policies of such third-party service, not us; (ii) if you are required to pay for age verification services, you are paying the third-party service provider, not us, for such age verification services; and (iii) your registration and approval of your account as a Publisher on MegaPersonals is conditioned upon your payment for and passage of such third-party age verification services. We disclaim any liability associated with your violation of the policies of any such third-party service. You will not be considered a Publisher for the purposes of these Terms of Use until your account has been approved by us and your age has been verified by our third-party service providers. We reserve the right to require you to reverify your age with our third-party service providers or otherwise reconfirm your age at any time, for any reason.

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, 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 reject, 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 or our authorized agents may require you to provide additional information as necessary to verify the accuracy of your identity and your information, you understand and agree that we do not sponsor or endorse any user or any Post.

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 MegaPersonals. 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 terminate your account, membership, and any licenses herein, at any time, by any means, for any reason, in our sole discretion, including if you violate these Terms of Use or if your account becomes inactive for more than ninety (90) days. If we terminate your account, 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 and use MegaPersonals, as we provide it 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 or use MegaPersonals. All users may access and use certain public areas of MegaPersonals, 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 MegaPersonals for private, non-commercial purposes. This free license does not include a license to access or use paid areas of MegaPersonals or the Materials therein. We reserve the right to limit the amount of Materials, Posts, and other features available to you. Your license to access and use MegaPersonals and any paid features is not a transfer of title. You will not copy or redistribute the Material or the Posts, and you will prevent others from unauthorized access, use of, or copying of the Materials and the Posts.

If you are a Publisher, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to publish Posts; however, we reserve the right to limit your right to publish Posts depending on your purchase and exchange of Tokens, as described herein. This paid license is for private, non-commercial purposes. Except for personally identifiable information covered under our Privacy Policy, we will consider Posts non-confidential and nonproprietary. We will have no obligation regarding Posts, and we do not guarantee confidentiality of the Posts. You are solely responsible for the Posts and the consequences of posting the Posts to MegaPersonals.

You retain all ownership rights in the Posts. 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 Posts for our business (and the business of our successors), including for promoting and redistributing any part of MegaPersonals (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 post the Posts on different pages of MegaPersonals at our sole discretion, and to copy and transfer the Posts to any of our affiliate, related, or partner sites, including, but not limited to, any website in the “Babylon Network” including www.megapersonals.eu, www.listcrawler.eu, and www.escortbabylon.eu. We may freely use the Posts for any purpose. By posting Posts to MegaPersonals, you consent to (i) being depicted the Posts, and (ii) the Posts being publicly distributed on MegaPersonals. Further, you grant each user of MegaPersonals a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Posts through MegaPersonals.

You understand and agree that you may share content that depicts one or more third parties (“Posts Depicting Third Parties”), only if (i) the Posts Depicting Third Parties does not violate any third party’s rights; (ii) each individual depicted in the Posts Depicting Third Parties is registered as a Publisher on MegaPersonals; and (iii) you have obtained and will maintain written documentation confirming that each Publisher depicted in the Posts Depicting Third Parties has consented to being depicted in the Posts Depicting Third Parties, and to the Posts Depicting Third Parties being publicly distributed on MegaPersonals. You will provide this written documentation of consent and any other necessary releases, licenses, or ownership documents to us promptly upon request by us for such documentation. We may refrain from publicly distributing any Posts Depicting Third Parties until all depicted Publishers have confirmed their identity or for any other reason.

You represent and warrant that your Posts are fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain a Publisher account on MegaPersonals, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately upon request and/or provide us with the required information during the Publisher registration process. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain a Publisher account on MegaPersonals, and for a period of no less than seven (7) years after your Publisher account on MegaPersonals is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at the primary address of Publisher. Upon request, you will provide us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contains your name, photo, and birth date.

You agree that you will only use MegaPersonals for purposes expressly permitted and contemplated by these Terms of Use. You may not use MegaPersonals for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:

• use MegaPersonals for any purpose other than as offered by us, including in any way that is violative of these Terms of Use, credit card association standards, or any applicable law, regulation, or treaty of any applicable governmental body, including:
• laws prohibiting sex trafficking;
• intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, and deleting intellectual property right indications and notices; and
• laws protecting confidentiality, privacy rights, publicity rights, or data protection.
• fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
• access or use MegaPersonals if you are, or are required to be, a registered sex offender in any jurisdiction.
• link to MegaPersonals on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
• access the accounts of other users.
• engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
• engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of the Posts.
• circumvent, disable, damage, or otherwise interfere with the operations of MegaPersonals, any user’s enjoyment of MegaPersonals, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of MegaPersonals, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
• reverse engineer, decompile, disassemble, or otherwise discover the source code of MegaPersonals or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
• access or use any automated process (such as a robot, spider, scraper, or similar) to access or use MegaPersonals in violation of our robot exclusion headers or to scrape all or a substantial part of the MegaPersonals (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).
• modify, adapt, translate, or create derivative works based on MegaPersonals, except and only if applicable law expressly permits that activity despite this limitation.
• commercially exploit or make available, mirror, or frame MegaPersonals.
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
• defraud us or our other users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
• attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

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 MegaPersonals 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 otherwise violate these Terms of Use or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief.

If you are a Publisher, you will not publish, attempt to publish, nor encourage or assist any third party in publishing any Post:

• that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, defamatory, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
• that 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) any depictions of minors; (iii) age-play or adult baby/diaper lover themes, (iv) incest; (v) bestiality, (vi) necrophilia; (vii) bodily fluids including scat, urine, lactation, vomit, and blood, but excluding semen, female ejaculation, and saliva; (viii) sex or human trafficking; (ix) “revenge porn” defined as any Posts containing any individual who has not consented to being depicted in the Posts, or to the Posts being distributed on MegaPersonals; (x) unsolicited sexual Posts sent directly to another user or Posts 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, (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
• that depicts any third party and which violates our rules on Posts Depicting Third Parties as described above.
• with the intent to extort money or other benefit from a third party in exchange for removal of the Post.
• that contains an employment advertisement or violates anti-discrimination laws.
• that contains the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Use.

that uses slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.

• that contain depictions of nudity which were recorded in any public place where members of the public were reasonably likely to see you nude.
• solicit or offer to accept payments for illegal goods or services.

If you are a Publisher and violate these Additional Prohibited Uses for Publishers or any other provision of these Terms of Use, we may terminate your account or take any other action as determined in our sole discretion.

If you are aware of any user engaging in activities that violate these Terms of Use, please contact us and provide as much detail as possible, including a URL and description of the offense, the date and time of identification, the reason we should remove the offending Post or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Publisher, you must report all offending Posts 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.

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction which request or direct 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 we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.

We do not charge for use of MegaPersonals in the United States, and all Publishers in the United States may publish Posts for free in accordance with these Terms of Use.

Publishers in all other jurisdictions must purchase Tokens and exchange those Tokens for the right to publish Posts on MegaPersonals in accordance with these Terms of Use and the current exchange rate displayed on MegaPersonals. Tokens have no cash value and are for entertainment purposes only. Unused Tokens are not eligible for any full or partial refunds. Tokens may be deleted from inactive accounts. We may offer you the opportunity to purchase differing amounts of Tokens for differing prices. The price of Tokens is displayed on MegaPersonals, and you may only purchase Tokens for the currently displayed price. We reserve the right to charge additional fees for access to or use of MegaPersonals or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from MegaPersonals. You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgraded features 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 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 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 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 all amounts due immediately upon cancellation or termination of your account.

We may permit you to pay for access to and use of MegaPersonals and the features thereon using one or more cryptocurrencies, such as Bitcoin. Acceptance of such payment method is in our sole discretion and may be of limited duration. Any payment in cryptocurrency is irreversible. Refunds of cryptocurrency payments are at our sole discretion, and, if allowed, may take the form of cryptocurrency transfer, or corresponding cash value of the requested refund, at our option. Additional administrative fees may apply to cryptocurrency transactions. By paying for Tokens in cryptocurrency, you acknowledge that the value of cryptocurrencies is highly volatile and that there is a substantial risk of loss associated with using cryptocurrencies. You consent to the risk that the value of cryptocurrencies may be influenced by activity outside our control, including fluctuating public interest in cryptocurrencies, potential regulation of cryptocurrencies, and risks associated with hardware, software, or Internet connection issues, malicious software, unauthorized access, or other communication failures, disruptions, errors, distortions, and delays. We do not represent, guarantee, or warrant the accuracy or fairness of the value of any cryptocurrency. You are solely responsible for making your own independent appraisal and investigations into the value of any purchase or sale on MegaPersonals.

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 all payments associated with MegaPersonals. 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 agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing through MegaPersonals. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.

If you make a purchase on MegaPersonals 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 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 are final and nonrefundable. We reserve the right to address all refund requests 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, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing agents 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.

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 Romania, excluding any conflict of law principles. Any and all disputes must be, without exception, resolved in Romania, and the parties agree to exclusive jurisdiction and venue therein. 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 any other jurisdiction. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, 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. 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 a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.

If you are a Publisher and have a dispute with us arising out of or otherwise relating to this Agreement, you shall confer with us and negotiate in good faith to attempt to resolve the dispute. If you are unable to resolve the dispute with us through direct negotiations, then, such dispute, except as otherwise provided herein (“Arbitral Claims”), must be resolved through arbitration in the Romanian Court of International Arbitration. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. 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 Bucharest, Romania 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. 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 (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of MegaPersonals or any breach of these Terms, or (iii) defend any claim brought by you involving your use of MegaPersonals or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. 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 and use of MegaPersonals “as is” and “with all faults.” We make no warranty that MegaPersonals 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 or use of MegaPersonals will be uninterrupted, timely, secure, error-free, or that loss of Posts will not occur, to the greatest extent provided by applicable law. We may change any of the information found on MegaPersonals at any time or remove any or all Materials and Posts. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through MegaPersonals or any transaction entered into through MegaPersonals. 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 and use of MegaPersonals is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that MegaPersonals 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, generally, or MegaPersonals, specifically. You understand and agree that any Materials or Posts downloaded or otherwise obtained through MegaPersonals 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.

MegaPersonals contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from any offensive materials viewed on MegaPersonals, and you agree to cease accessing and using MegaPersonals should you find them offensive. Specifically, you represent and warrant that you are aware that MegaPersonals is an inclusive platform which permits the posting of adult content by our users, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors. Finally, if you are a Publisher, you represent and warrant that you are aware that your Posts 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 acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view MegaPersonals, 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, inappropriate, or adult content. 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 MegaPersonals 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 MegaPersonals from being displayed or accessed by your children or wards.

By accessing MegaPersonals, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to and use of MegaPersonals by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen, or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:

• Anyone who can commit identity theft can also falsify an online profile.
• There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.
• Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.
• If you choose to have a face-to-face meeting with another user who you met on MegaPersonals, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.

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 MegaPersonals other than through authorized means. 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 for you to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on MegaPersonals 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.

You understand that much of MegaPersonals is populated with Posts that are published by third-party Publishers, and that we do not endorse (expressly or implicitly) the opinions expressed in the Posts. You further understand that you may be exposed to Posts from a variety of sources. As a result, you may be exposed to Posts that are inaccurate, offensive, indecent, or objectionable to some, and you waive any rights or remedies you have or may have against us for this exposure. Please note that we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Posts, at any time, for any reason, with or without prior notice.

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 Posts may be illegally recorded by users or third parties, and your Posts 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 we shall not be liable for any recording or release of private information, personal data, or your Posts, and you hereby release us from all liability and claims associated therewith.

MegaPersonals 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 all damages and liability that may result from use of third-party links that appear on MegaPersonals 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 and use of MegaPersonals 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 and use MegaPersonals 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 us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against 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 MegaPersonals, 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 the Posts 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 the Posts 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 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 MegaPersonals 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 our favor, 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:

• Any loss or damage of any kind incurred because of the Materials or the Posts, including errors, mistakes, or inaccuracies thereof or any Materials or the Posts that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
• Personal injury or property damage of any nature resulting from your access to and use of MegaPersonals.
• Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Posts.
• Any interruption or cessation of transmission to or from MegaPersonals and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through MegaPersonals.
• Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through MegaPersonals by any third party.
• Any incompatibility between MegaPersonals and your other services, hardware, or software.
• Any claims arising from identification of you based on your Posts, regardless of whether you utilize any of our tools to mark certain Posts private or block, restrict, or otherwise limit access to your Posts in certain geographic locations.

MegaPersonals 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 MegaPersonals 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 us.

The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. You retain all rights, title, and interest in the Posts, subject to the licenses herein. MegaPersonals, the Materials, and the Posts are protected by copyright law. The Materials and the Posts 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 or the Posts. Modification or use of the Materials or the Posts 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 MegaPersonals, and we will remove any Post if properly notified that the Post infringes on a third party’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 MegaPersonals, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request.

These Terms of Use and any other legal notice or agreement published by us on MegaPersonals, form the entire agreement between you and us concerning your use of MegaPersonals. It supersedes all prior terms, understandings, or agreements between you and us regarding use of MegaPersonals. 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 of Use. 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 provide you with access to and use of MegaPersonals. 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 MegaPersonals, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at 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 MegaPersonals may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

You authorize us to email you notices, advertisements, and other communications. You understand and agree that such communications may contain adult content and language which is 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 MegaPersonals, as may be limited by these Terms of Use, 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 MegaPersonals.

You agree to be bound by any affirmation, assent, or agreement you transmit through MegaPersonals. 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 MegaPersonals 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 elements 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 elements 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:

• References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
• In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
• References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
• “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
• “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 MegaPersonals is appropriate or available for use in all locations. You may not access or use MegaPersonals from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use MegaPersonals 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 we are subject to the laws of any nation besides Romania.

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 and use MegaPersonals. MegaPersonals IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use MegaPersonals 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 we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on MegaPersonals, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of MegaPersonals in any jurisdiction.