Terms and conditions of use

Seks.com

Brought to you by Tropistream Corporation, N. V.

Santa Rosa Resort, Kavel 23, Curaçao

Last modified: September 24, 2025

1. Adults Only!!

You are reading these Terms because you have attempted to access our ADULTS ONLY webcam site (Seks.com) and we require you to agree to these Terms (and our Privacy Policy found at http://www.seks.com/privacy/) before we allow you to come in. So, you’re reading the Terms. Good!

Before you entered, we also required you to attest under oath that you are an ADULT. You told us you are an adult and we have collected the IP address from where you acknowledged you are an adult, as we take the matter of your legal age very seriously.

YOU MUST BE AN ADULT TO USE THE Seks WEBSITE. YOU MUST BE AT LEAST AGE 18 or the age of majority in your jurisdiction, whichever is older (the Age of Majority). IF YOU ARE NOT THE AGE OF MAJORITY, YOU MUST LEAVE THIS SITE NOW. YOU ARE NOT LEGALLY PERMITTED ON Seks FOR ANY REASON AND IF WE FIND YOU ON THIS SITE WE WILL REPORT YOU TO LAW ENFORCEMENT.

You understand and agree that Seks has ZERO TOLERANCE for minors accessing the Seks.com Platform and that goes for anyone accessing our Platform and then pretending to be a minor in some misguided attempt at role-playing.

Seks has ZERO TOLERANCE for any image of any minor being uploaded to our Platform and we reserve the right to AND WE DO report ANY suspected minor on our platform to all law enforcement agencies in your area and in each case we report to the National Center for Missing and Exploited Children.

If you suspect that someone you encounter on our Platform is a minor, we strongly suggest and request that you report that person by using our “Report Link” or by going to https://www.seks.com/contact/ and telling us what you saw.

We reserve the right to modify these Terms and Conditions at any time to remain compliant with legal requirements or enhance the safety and security of our users. You are responsible for reviewing and becoming familiar with any modifications. Modifications are effective when posted, and your use of the services following any such posted modification constitutes your acceptance of the Terms as modified.

These Terms contain disclaimers and exclusive remedy provisions and we collected your IP address at the time that you made the decision to be bound by our Terms. If you at any time decide you do not like these Terms or do not agree with them, you MUST IMMEDIATELY EXIT THE Seks PLATFORM and not access our Platform again for any reason.

2. Our Service, the Platform

A. General Information. Seks.com (the “Company”, "Seks", “C4”, or “us”, “we”, “our” or “ours”) operates an online social networking platform (the "Seks Platform" or “our Platform”) designed to enable consenting adults to express themselves via streaming video and chat (each, a “C4 Member”). We do NOT produce or provide any of the broadcasted content; we are merely in the business of providing a platform that enables individuals (each, a “C4 Guest”) to access and share video and audio content and interact with other Seks Guests and Members, as further defined within these Terms and conditions of use. The live interactive video and audio content may be, at the Seks Member’s discretion, of an adult nature.

Please bear in mind that your participation on Seks’s platform is at Seks’s sole discretion. In other words, you have no “right” to participate on Seks’s site.

Seks Members who are age-verified and able to broadcast their live video streams through our Platform are “Independent Broadcaster(s)” and are subject only to the bare rules and restrictions imposed by Seks in order to comply with applicable laws, community standards and safety rules. Beyond that, Independent Broadcasters produce broadcasts if and when they desire and they set their own rules for other Seks Members and Guests who view their broadcasts. Independent Broadcasters are, in all respects, not subject to any direction from Seks with regard to their broadcasts and are fully able and free to use other camming platforms whenever they want or even at the same time they are broadcasting on our Platform.

We allow for the uploading, sharing and viewing of adult content, including sexually explicit images of live performances streamed live or posted by Independent Broadcasters. You are allowed to view this material subject to these Terms. Note that Seks.com merely arranges the technical, organizational and contractual framework required to provide and access content. Seks.com therefore functions as a technical platform that allows you to view content posted by Independent Broadcasters and to engage with the Independent Broadcasters during their live and interactive performances. Seks.com is not part of any paid or not paid interactions and/or transactions between Independent Broadcasters and Seks Guests or Seks Members. Any interactions and/or transactions therefore take place solely between the Independent Broadcaster and Seks Guests and Members (collectively, Seks “Users”).

B. Seks Guests. Any adult person accessing the Seks Platform may see graphic depictions of explicit sexual activity, genitalia, nudity and hetero-sexual, homosexual, bi-sexual activity and individuals engaged in acts of sexual fetishes.

By accessing the Seks Platform you are expressly acknowledging that you wish to see such sexually explicit materials and that these materials conform with the standards of your community.

As a Seks Guest, you may purchase tokens issued by Seks (hereinafter, “Tokens”) to spend on our platform, for example to tip Independent Broadcasters for services provided by that Independent Broadcaster.

C. Seks Member. You become a “C4 Member” when you open an “Account” by providing certain information and personal data to us, which allows you to “chat” as well as to buy Tokens to spend on our platform, for example for tipping or paying Independent Broadcasters for services provided by that Independent Broadcaster. As a Seks Member you may also purchase premium membership status and (such as "Gold Membership") and Entrepreneurial Generated Content-"EGC" as that term is defined below.

D. Independent Broadcaster. An “Independent Broadcaster” is someone who contributes "EGC" and is eligible to receive Tokens in their Accounts from other Seks Members and Guests, either as gifts or as quid-pro-quo consideration for (accessing) a private show or for performance of specific acts or behaviors. For such quid-pro-quo consideration, Independent Broadcasters enter into direct contractual agreements with Seks Guests and Seks Members.

The services provided by Seks are limited to services to the Independent Broadcasters. Seks enables and allows the Independent Broadcasters to provide their services on the Seks Platform and to receive and redeem Tokens. In return, Seks earns a remuneration from the Independent Broadcasters payable by the Independent Broadcasters. The remuneration payable by the Independent Broadcasters is calculated as a percentage of the revenues generated by that Independent Broadcaster. Remunerations payable by Independent Broadcasters to Seks are deducted from Payouts (please see article 5C). If an Independent Broadcaster does not generate any revenues via the Seks Platform or does not request a Payout, no payment is due.

E. Division of Services. Prior to your use of the Seks platform in any capacity and certainly before you engage in any monetary transaction via the Seks platform, it is imperative that you understand and agree to the division of services between the companies we refer to as “Tropistream”, “Granity” and "TLE". To that end, the Site is brought to you by Tropistream Corporation, NV ("Tropistream"), a Curaçao corporation operating as 'Seks.com' and under the trademark 'Seks'. Tropistream owns the platform you are accessing and all the Seks intellectual properties. Tropistream’s accounting, management and direction of Seks is performed in its offices located in the country of Curaçao. Tropistream provides the technical, organizational and contractual framework required to provide and access live and interactive content. Any services rendered to you by Tropistream are limited to the provision of such live and interactive content services. Any services rendered by Tropistream are limited to the provision of services to Independent Broadcasters. Tropistream does not in any way provide services to Seks Guests or Members.

Any and all services, other than the services provided by Independent Broadcasters, provided to you via the Seks Platform are directly rendered to you by Granity Entertainment, DAC, a Dublin, Ireland corporation located at 23 Seafield Road, Blackrock, County Dublin, Ireland (“Granity DAC”) and TLE Opportunities LLC, located at 3840 E. Robinson Rd., Ste 418, Amherst, NY, 14228 (“TLE”) that, amongst others, provides access to static, non-live EGC on the Seks Platform through memberships and services fees.

F. DBA’s. References to "Seks" and "Seks.com" or any other "Seks" URL or domain name owned by Tropistream are synonymous with Tropistream Corporation, NV, and in the case of sales to EU residents of memberships, static video and other electronic services related to static content, synonymous with Granity Entertainment, DAC, and in the case of sales to US residents memberships, static video and other electronic services related to static content, synonymous with TLE Opportunities, LLC.

G. Seks earns its revenues via the provision of services to Independent Broadcasters.

H. Tokens. Seks offers Seks Guests and Members the possibility to exchange money for virtual credit (“Tokens”). Tokens can be redeemed by:

Gifting Tokens to Independent Broadcasters (‘tipping’);

Paying Tokens to Independent Broadcasters as quid-pro-quo consideration for (accessing) a private show; and

Paying Tokens to Granity Entertainment, DAC, as consideration for memberships, gifts, static video and other electronic services related to static content.

I. Tokens are merely a means of payment which allows the Independent Broadcasters and Seks Guests and Members to remain anonymous to each other. Exchanging money for Tokens and/or using Tokes as a means of payment does not in any way create a contractual relation between Seks and the Seks Guests, respectively Members.

J. Tax information. Based on the applicable law in certain jurisdictions, tax regulations may require us to collect and / or report tax information about you to the authorities, for the purposes of levying taxes on your revenue, remittances, or both. You agree that if you do not provide us with the documents that we deem sufficient to justify such an obligation to provide information and / or to levy taxes on the payments intended for you, we may withdraw the payments up to the amount required by law, until sufficient documents are provided to us. You agree that Tropistream may issue documents, information and invoices or similar documents on your behalf for VAT, any goods and services tax, any consumption tax or other taxes relating to your services provided, so that we can inform the authorities should they issue an information request to us in line with local laws.

3. No Child Pornography/Child Sexual Abuse Material (CSAM)

Those who choose to use the Seks Platform are strictly prohibited from distributing, accessing, soliciting or discussing Child Pornography or Child Sexual Abuse Material (CSAM) of any nature. You may not engage in any conduct or speech that intends, even if only in a “role-playing” scenario, to exploit any person under the Age of Majority. For the purpose of these Terms, "Child Pornography" or “CSAM” includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime.

IF YOU SEEK OR HAVE ANY INTEREST IN PEDOPHILIA OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. IF WE DISCOVER ANY EVIDENCE WHATSOEVER, INCLUDING ROLE PLAY, IN WHICH YOU ARE INVOLVED IN ANY SUCH ACTIVITY OR DISCUSSION, WE WILL REPORT YOU TO THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN AND LAW ENFORCEMENT AGENCIES WHERE YOU LIVE AND WE WILL BAN YOU FOREVER FROM OUR PLATFORM. YOU WILL ALSO BE REPORTED AND BANNED IF YOU ATTEMPT TO DISCUSS OR ARRANGE TO DISCUSS CHILD PORNOGRAPHY ON ANOTHER SITE. CRIMES AGAINST CHILDREN WILL BE DEALT WITH IN THE MOST AGGRESSIVE MANNER POSSIBLE.

As a Seks Member using the Seks Platform, if you see anything you think may violate this provision please report it to us immediately by using our “Report Link”, “Content Report” link or by going to https://www.seks.com/contact/ and telling us what you saw. We will pursue the matter and take all the appropriate action to investigate, report to authorities and prosecute.

Responsibility to Report. If you fail to report Child Pornography or CSAM, you may be considered complicit, and we may delete your account, ban you from using the Seks.com platform, and subject you to account deletion, token forfeiture, damages and criminal prosecution.

4. Your Account

A. In general. Seks is a free website and if you are over the Age of Majority you may view live cams and spend Tokens, for example for tipping Independent Broadcasters, without creating an Account.

In order to access non-public areas of the Seks Platform, so that you can access videos, join fan clubs and enjoy enhanced features, you must first create an Account and become a Seks Member. Creating an account is free and does not result in any contractual relations between Seks and the Seks Member.

To create an Account, you must provide us with a valid email address and select a password and screen name, one which is not offensive to others and does not infringe on copyright or trademarks, and one that does not contain the numbers 11-17 or anything else that suggests you may be less than the Age of Majority or otherwise contributing illegal content.

If you are an Independent Broadcaster-and want to use the Seks Platform to post your content, you must first create an Account, become a Seks Member and provide us with additional, true and correct personal information, including age-verification documentation discussed below, along with your commitment to retain such documentation and provide us with it upon our request. Independent Broadcasters do enter into a services agreement with Seks, allowing the Independent Broadcaster to supply its services (i.e. live interactive content) to Seks Members via the Seks Platform.

B. Payment information. Should you decide to exchange money for Tokens via the Seks Platform (e.g., to tip or pay Independent Broadcasters or purchase a membership or static content from Granity Entertainment, DAC) you will be prompted to input a payment method. This information will be received and stored by a payment processor (identified below and in our Privacy Policy) for future use on the Seks Platform.

C. Correct information. The information you provide to us must be true and correct. If you provide us with falsified identification or any information that is determined to be untrue, your account will be terminated immediately and you may be reported to appropriate law enforcement agencies.

D. Security. It is imperative that you keep your password safe and secure and that you do not let anyone else use your Account. You are solely responsible for the activity that occurs on your Account, and you 1) agree to notify Seks if you believe there has been the slightest breach of security or unauthorized use of your Account and 2) you will log out of your Account each time you stop interacting on the Seks Platform. Please see Paragraph 17 (Security) for more information on keeping your Account safe and secure.

E. Privacy rights. Our use of the information we gather from you to create your Account and to enable you to accept Tokens, including personally identifiable information, is governed by our Privacy Policy and our Cookie Policy. Within these Policies, we share with you how we use your geographic location to better provide you service and how we use Cookies to track usage and offer you better performance. We ask that you read and understand these important policies as they affect your use of our Platform.

F. License grant. As a User of the Seks Platform, you are granted a limited, revocable and non-exclusive license to access the Seks Platform for your own personal use and enjoyment. You may, but only with the express permission of another Account holder or Independent Broadcaster, link to, sell, download, or rent content made available via our Platform by Independent Broadcasters and Granity Entertainment, DAC.

G. Studio Accounts. Any User may create a “Studio” account on our Platform by adhering to the rules for creation of a Studio Account found within the Webcam Studio Agreement here: Webcam Studio Agreement.

Independent Broadcasters are eligible to join a Studio by accepting a Studio’s invitation and adding their existing Account profiles. In that event, the Account ownership remains with the Independent Broadcaster who may thereafter resume their independent status if they desire. Any Independent Broadcaster account created by a Studio, while “owned” by the Studio, exists only for so long as that Independent Broadcaster remains active on the Seks Platform-we don’t permit Studios to switch out Independent Broadcasters. No one has an absolute “right” to start or join a Studio. What person or entity is allowed to participate in a Studio or operate as a Studio is determined at the sole discretion of Seks.com.

H. Shared Accounts. If an Account has more than one Seks Member on it, the Member who created the Account is the owner of the Account and retains control over it. Any material changes must be done via primary email address associated with the Account.

I. Fan Clubs. Our Platform supports payment for Fan Clubs. If you are an Independent Broadcaster qualified to accept tips on our Platform you may create a Fan Club so long as we offer the Fan Club feature. The fee for admittance to any Fan Club is set and administered by the club’s Independent Broadcaster. When you purchase a membership to an Independent Broadcaster’s Fan Club it will renew monthly and your payment method will be re-billed monthly for as long as you remain a member of that Fan Club. Upon joining a Fan Club the Seks Member enters into a direct agreement with the Independent Broadcasters. Seks is not part of this agreement.

If you are the Independent Broadcaster hosting a Fan Club the features and benefits you offer your fans is entirely up to you. Of course, what you offer to Seks Members must comply with the rules and regulations of our Site and these Terms. In the event that a member of an Independent Broadcaster's Fan Club requests a refund from us, or institutes a chargeback with our payment processor, we reserve the right to recover the refund or assess a chargeback fee to such Independent Broadcaster's account.

J. Private Shows. Via the Seks Platform, Seks Members have the ability to view and engage with Independent Broadcasters in live, real-time interactive private shows in a number of different formats:

i) Pay per minute: Charged per minute with the rate being set by the Independent Broadcaster providing the show;

ii) Fixed Rate: Independent Broadcasters can offer private shows for specific blocks of time for a set price determined by the Independent Broadcaster (e.g. 10 minutes for XX Tokens);

iii) Group Shows: Independent Broadcasters can sell tickets offering a group show to enable private shows for a small group rather than an individual;

Please note that Independent Broadcasters can add a password to control entry to a room and provide a show for one or more people over a specified time.

At the present time, we do not offer the ability to record private shows or provide them to Seks Members - payment is made to the Independent Broadcaster for a “live” private, interactive show provided by the Independent Broadcaster to the Seks Member, with no recorded copy.

K. Account termination policy. You may terminate any memberships or subscriptions on our Platform, or your entire Account, at any time by simply going to your My Account page. If you have difficulties, please contact our Customer Support at Support@Seks.com. If you are able to provide the correct email address associated with your account and can prove ownership of the account, we will be able to assist you. At termination, your Account username and password will be deleted and may not be retrieved. If you have a token balance that is less than the minimum payout amount, your remaining Tokens will be surrendered. (See Paragraph 21E for information on what happens to surrendered Tokens).

We can and will terminate your Account, at our sole and exclusive discretion, if we find that you have engaged in activity that we think is illegal, abusive, fraudulent or in violation of these Terms, either by your conduct or by virtue of complaints concerning the nature of your submitted Entrepreneurial Generated Content “EGC”, as that term is defined below. In the event we terminate your Account, you will not have access to any part of the Seks Platform, and we reserve the right to retain evidence of your conduct and report the offending conduct to appropriate law enforcement agencies.

In the event we terminate your Account for illegal, abusive or fraudulent conduct, or violation of these Terms, any Tokens balance will be forfeited (See Paragraph 21E for information on what happens to forfeited Tokens). For example, if you denigrate our reputation and/or expose our site to the risk of criminal prosecution by broadcasting yourself in the possession of illegal drugs or with an underage or otherwise incapacitated person, you will pay the price, as we will assist in your prosecution and you will forfeit your tokens.

Once your Account is terminated, we have no obligation to retain EGC (whether yours or content you received through use of our Platform), mail, chat or anything else connected to your Account.

For questions or to request review of a moderation or account action, contact Support@Seks.com or use https://www.seks.com/contact

L. Interactions with other Seks Members. You use our Platform and interact with other Seks Members at your own risk. You acknowledge and agree that we are not responsible for your decision to interact with anyone, in-person or otherwise, off the Seks Platform. You acknowledge and agree that, as in any walk of life, it may be dangerous to meet and interact with someone you do not know is safe. You are strictly prohibited from using our Platform to meet with anyone for an illegal purpose.

You ARE ABSOLUTELY PROHIBITED from soliciting Independent Broadcasters or other Seks Members for any unlawful purpose or act, OR for any paid sexual act, even if prostitution is legal in that jurisdiction. Any such solicitation is grounds for immediate account termination. WE DO NOT AND WILL NOT FACILITATE PROSTITUTION.

Remember too, any giving of Tokens, money or gifts you send to others directly, indirectly, on or off our Platform is done at your own risk and we will not get involved in any disputes between Seks Members.

M. Exchange of Contact Information between Users. If you wish to communicate with others on our platform, please avail yourself of our service, “Seks Messenger” only.

While Seks encourages your engagement on social network, to safeguard the well-being of all users and uphold the integrity of the Seks platform, you may NOT endorse, advertise or in any way direct others to competing messaging services (this includes direct messaging on social networks) fan site platforms or other cam sites. Also, you cannot engage with financial applications like Venmo, Cash App, PayPal, and Pix on the Seks site.

Remember always, outside payments are strictly forbidden and will result in termination of your account and loss of your token balance.

Using a landing page like Linktree to manage and share multiple links is also prohibited.

We encourage you to utilize Seks Messenger to communicate with other Users of our platform. Our policy against using communication platforms outside of Seks explicitly includes offers or requests for consideration (e.g., “Send me 50 tokens and I’ll provide my WhatsApp”) for conducting private shows, chats, or payments outside of the Seks platform. Engaging in such activities results in:

• Circumvention of our Security Measures. Bypassing our systems increases the risk of fraud, exploitation, and abuse.
• Violation of the Seks Terms and Conditions. Such actions breach Seks’s established Terms and Conditions and Broadcaster Guidelines.
• Account Risk. Your account may be subject to suspension or permanent ban.
• Disqualification from Contests. Broadcasters risk losing eligibility for contests, which may also lead to forfeiture of tokens.
• Compromised Support. Undermining our platform hinders our ability to protect and support both broadcasters and viewers.

Seks is dedicated to fostering a safe, legal, and transparent community for all users. Any attempts to circumvent our platform's payment or communication protocols will be regarded as a serious violation of our Terms.

If you are uncertain about whether a specific action complies with our policies, please reach out to Support@Seks.com for clarification before proceeding.

N. Disputes. We will not intervene in any disputes that originate or take place outside of our Platform. Consequently, do not send us records of chat or screen captures as we cannot and will not get involved in trying to verify them or sort your difficulties. Report only misbehavior occurring on our Platform to Customer Service at Support@Seks.com, or by submitting a Content Report. Be aware, false reporting will result in deletion of your account.

5. Tokens, Token Usage and Payouts

A. Tokens. Seks Members and Guests can exchange money for Tokens which may be used to tip Independent Broadcasters, purchase gifts for Independent Broadcasters, pay Independent Broadcasters a quid-pro-quo consideration for (accessing) a private interactive show or for performance of specific acts or behaviors. Tokens can also be used to purchase a membership or static content from Granity Entertainment, DAC.

Tokens are not money. Tokens have NO redemption value (other than as Payouts to Independent Broadcasters per 5(C), below) and are merely a means of payment for your entertainment purposes on the Seks Platform only. Tokens may not be traded or used as currency outside of the Seks Platform. If you do so, your Account will be terminated and all Tokens forfeited. (See Paragraph 21E for information on what happens to forfeited Tokens).

We do not segregate Tokens or hold them in trust for you, and all Tokens may be commingled. Your Token balance is updated in your account and may be viewed at any time by logging into Seks. Tokens you purchase are spent from your Account in the order received.

Unused Tokens are not eligible for any refunds except as expressly set forth herein.

Any Tokens not used within 6 months of purchase will expire and will be cancelled from your account.

Seks may modify the number of Tokens held in your account for any reason, including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, account inactivity, credit card association or bank penalties or fines, or technical errors.

You agree that if we terminate your membership because you breached this Agreement you will not be entitled to any refund of any unused Tokens or subscription fees. However, Seks, in its sole discretion, may allow a final cash-out if your account balance is above your chosen payment method’s minimum payout. Please see https://www.seks.com/faq/payment-methods for more information.

B. Token Usage. You may use your Tokens for the purposes as defined under A above or for any other services provided to you by Independent Broadcasters via the Seks Platform.

Tipping is 100% optional; you are not required to tip Independent Broadcasters. Tipping is not in any way a consideration for any acts or services (to be) performed by Independent Broadcasters and tipping does not in anyway create an agreement between you and the Independent Broadcaster, nor does it create an agreement between you and Seks. Though not required, tipping is highly appreciated and you can do so at any level you deem appropriate. Once you tip an Independent Broadcaster, those Tokens are a gift and cannot be retrieved or returned.

Tips are gifts and not payments or bribes, so please do not send tips and then demand something in return, that's not fair to the Independent Broadcasters. You should review the partial list of Prohibited Content at Article 7C, as it is forbidden to ask an Independent Broadcaster to engage in any of these activities or to ask another Seks Member to share such content with you. If you do so, your Account will be terminated and all your Tokens forfeited.(See Paragraph 21E for information on what happens to forfeited Tokens).

C. Refunds and Chargebacks. Seks will not arrange for any refunds from Independent Broadcasters unless specific exceptional circumstances apply. If you believe you should have a refund, please email us at Support@Seks.com and explain the circumstances you believe merits a refund. No refunds will be made by cash or check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance.

You must not make unjustified chargeback requests of your payment card provider or cryptocurrency payments provider. We carefully investigate all Chargebacks and we will review excessive and/or fraudulent chargeback requests. While we investigate, we may prevent you from making additional purchases. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend or terminate your account or any future account you create.

Payouts. Independent Broadcasters who have received Tokens through gifting or as quid-pro-quo consideration for any services they have rendered to Seks Members, may redeem them in accordance with Seks.com's rules concerning the redemption of tipped Tokens. If you are in default of your obligations, your tokens cannot be redeemed, or if you have redeemed your tokens and Seks determines that you were not qualified to do so, your account will be fined the value of the tokens errantly redeemed.

Our Account Management Tool presents a visual representation of the potential redemption value of Tokens received by an Independent Broadcaster. We are not holding these amounts in trust or segregating these Tokens and we will only redeem them once we have confirmed the Independent Broadcaster has complied with all our legal requirements.

It is imperative that we have all the information we require for every person appearing on an Independent Broadcaster’s cam, no exceptions, or Tokens will not be redeemed.

As part of the redemption process, we will send your identification to our payment service providers in order to remain compliant with PSD 2 (Payment Services Directive or Directive (EU) 2015/2366) and/or any other such legal directives or Acts.

Fees due by Independent Broadcasters for services provided by Seks to the Independent Broadcaster (e.g. use of the platform, use of payment services etc.), as determined by these Terms and Conditions, as well as membership and subscription terms, may be deducted or offset from Payouts.

Seks considers that Independent Broadcasters are taxable persons for VAT purposes, such as described in article 9 of the VAT Directive 2006/112/EC. In line with this VAT Directive, Seks remits VAT due in respect of Tokens received for services Independent Broadcasters rendered via Seks to EU based residents that do not qualify as taxable persons for VAT purposes. Independent Broadcasters remain solely responsible for reporting and paying any VAT, sales taxes and duties that might become due on (i) services rendered to non-EU residents and (ii) Payouts received in any jurisdiction, including for services rendered by the Independent Broadcaster to Seks Guests or Members and (iii) the services Independent Broadcasters received from Seks. Seks strongly advises Independent Broadcasters to seek advice from local tax professionals regarding their potential VAT, sales tax and any other tax obligations linked to the services they perform.

6. Entrepreneurial Generated Content ("EGC")

A. In general. If you are an Independent Broadcaster you may submit live video and chat content to the Seks Platform. This sort of content is collectively referred to as "Entrepreneurial Generated Content" or “EGC” and this term also includes photographs, biographies and recorded videos posted to the Seks Platform by any Seks Member.

B. Compliance with US Law Title 18 United States Code §2257. If you are subject to the United States federal laws governing your broadcast, performance, shared content or posts depicting actual or simulated “sexually explicit conduct” or “depictions of the genitals or pubic area” as those terms are defined in 18 USC §2256(2)(A)(i)-(iv) and §2257A you are considered the “producer” of this content and you are required to maintain the records described in 18 USC §2257 and post a 18 USC §2257 Record-Keeping Requirements Compliance Statement. Failure to comply with the provisions of this United States federal law may subject you to criminal prosecution. In connection with the EGC you stream, share or post to our Platform, you affirm, represent, and warrant that you will keep all documents required by 18 USC §2257 and §2257A, and 28 C. F. R. Part 75 for any and all individuals who appear on your cam or posts and will provide that information to us upon our request.

C. Verifications and Consents. Anyone creating EGC must verify the identity and age of all persons depicted therein and must obtain and keep on record those person’s written consent to be depicted in the EGC, their consent to allow Seks to upload the EGC and to publicly distribute the EGC, and, if the EGC is available to download, their consent to download it.

D. Please note that if you have tokens you wish to cash out and you have another person on your account, any such person must also be an Independent Broadcaster who has appeared on camera and who has provided us with identification. We do this to verify that the uploaded identification belongs to that particular person. This policy prevents unauthorized individuals from using an account to cash out earnings and also prevents multiple broadcasters from appearing under one ID.

E. Ownership and licensing of EGC. All content you stream or submit to our Platform is and remains your property. You either own it outright or you have the necessary licenses, rights, consents, and permissions to use it and you authorize us to use all trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your EGC to enable inclusion and use of it in the manner contemplated by the Seks Site and these Terms.

By distributing your EGC through our Platform, you hereby grant Seks a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display, and broadcast the EGC in connection with our service including, without limitation, to promote and redistribute part or all of the Seks Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Guest of the Seks Site (or any such alternate or additional media formats or channels) a non-exclusive license to access your EGC through the Site, and to use, display and perform such EGC as permitted through the functionality of the Site and under these Terms. The above licenses granted by you are perpetual and irrevocable.

F. Seks is not liable for your content. Seks operates a software platform- it is not in the business of producing, licensing or selling cam shows and it does not undertake any obligation or liability relating to any content or activity on the Site. Our Platform is a user-driven interactive platform that contains content provided by Independent Broadcasters. As such, Seks acts merely as a host provider lacking any editorial role and is merely a forum for the expression of ideas, thoughts, and information. Seks is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is streamed, posted or shared on the Seks Platform.

We expect that you comply with all federal, state, provincial and local laws when using our Platform and when submitting or posting EGC to the Site. If you are unsure whether or not your content will violate a law, you are urged to contact an attorney prior to posting it.

G. Section 230 of the Communications Decency Act. Because our Platform relies on content provided by Independent Broadcasters (over whom we have no editorial control other than bare minimums to assure compliance with applicable laws, credit card standards, safety of our Seks Members and continuity of the Seks Platform) and because we are not in the business of producing cam shows (we operate an online software platform), we embrace the protections afforded us by Section 230 of the Communications Decency Act. Essentially, Section 230 provides us with immunity from suit for content published through the Seks Platform by Seks Members and Independent Broadcasters.

H. No endorsement of EGC. We reserve the right to refuse, delete, move or edit any and all EGC that we deem is in violation of the law (including trademark and copyright law), credit card standards, or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by us is not to be construed as endorsement of any remaining content. You expressly agree that you will never assert that Seks edits or amends any content for the purpose of establishing that we are a producer or author of any EGC viewed via our Platform. You agree that any content or EGC you post for sale or live streaming is subject to Seks’s review to assure compliance with law, regulations, these Terms and credit card standards.

I. Confidentiality. You understand Seks does not guarantee any confidentiality with respect to any content streamed, shared or posted and that EGC is specifically intended to be viewed by any age-appropriate person viewing the Seks Site.

J. WARNING about EGC you submit. We can make no guarantees that your EGC, posts, chats or streaming video has not been or will not be illegally copied or recorded and re-broadcast online or via another media. YOU ASSUME ALL RISK FOR CONTENT YOU SHARE ON OUR PLATFORM AND YOU HEREBY RELEASE AND HOLD US HARMLESS AND AGREE TO INDEMNIFY US against all manner of claims arising out of such activities, including defamation, copyright violations, invasion of your privacy and any other infringement of intellectual property rights.

K. Personal information. We cannot assure the privacy of your information you share on the Seks Platform, whether by text, chat, images or live streaming video. We obviously cannot control the use by others of any of your information shared on our Platform, so please use caution when deciding what personal information you share.

L. Deleting EGC by request. If you want us to delete content you supplied to us, you may make that request to Support@Seks.com. We will promptly remove the content you request we delete from your account and it will not be available to other Seks Members- but if another Seks Member has already acquired it before you requested deletion, we cannot remove it from that Member’s account. Your license to us of your EGC is not revocable.

M. Affiliate Program. Seks has developed an affiliate program that allows its affiliates to quickly build white label sites which send all of their traffic to Seks and directly into Seks Broadcasters’ rooms. This extra exposure ensures that you have many fans watching your performances and tipping you! Your broadcasts will, necessarily and in accordance with your license grant above, be seen on any one or many of Seks’s affiliated sites.

It is important to note that any Users in countries you choose to block will remain blocked at the level of all our affiliate partnerships.

You are not required to participate in this affiliate program. Seks has added a toggle switch on each Broadcaster’s dashboard that allows our Broadcasters to opt out of the affiliate program (thus reducing the amount of traffic you receive from any of our affiliates AND simultaneously removing you from all of these sites). If it is your desire to forego the benefits of this extra traffic, please toggle this switch.

7. Prohibited Images/Activities

A. In general . We do not create or publish content, but rather provide a software Platform that allows others to share Entrepreneurial Generated Content “EGC”. We do monitor EGC uploaded to our site or live-streamed on our platform, and we reserve the right (but not the obligation) to refuse, delete, move or edit any and all EGC, content or activity that we deem to be in violation of the law (including trademark and copyright law), violates these Terms, violates credit card standards, or is abusive, defamatory, obscene or otherwise unacceptable. We do this to maintain our Platform as a safe place for Users to express themselves. What follows is a brief list of content that will result in an immediate suspension or termination or of your account, and other potential civil and criminal legal action. We use human review (and, where appropriate, automated detection tools, e.g., hash-matching and spam/bot filters) to identify and address content that may violate these Terms; final decisions are made by our moderation team. If you believe a moderation action was taken in error, contact Support@Seks.com or use https://www.seks.com/contact for review.

B. Tips. Tips are gifts and not payments or bribes, so please do not send tips and then demand something in return, that's not fair to the Independent Broadcasters. You should review the partial list of Prohibited Content below, as it is forbidden to ask an Independent Broadcaster to engage in any of these activities or to ask another Seks Member to share such content with you. If you do so, your Account will be terminated and all your Tokens forfeited. (See Paragraph 21E for information on what happens to forfeited Tokens).

C. Prohibited Content. As you already know from the Terms above, child pornography is never allowed on Seks and we do not ever allow children to be shown on camera in any capacity. This includes depictions of nudity or sexuality by an age-inappropriate-looking Independent Broadcaster (i.e., someone who looks younger than 18), regardless of their actual age or by anyone made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, setting or props. This limitation includes the mere discussion of minors. In the event of a breach of this rule, we will immediately report you to the National Center for Missing and Exploited Children (NCMEC) and any and all law enforcement that we consider appropriate in our sole and absolute discretion.

There can be no:

a) actual or simulated minors, children, babies or unauthorized persons (persons for whom we do not have proper name and ID on file) on camera or in the same room;

b) animated or cartoon images of underage or child sex;

c) bestiality (sex, actual or pretend, with animals);

d) person on cam who appears to be unconscious or sleeping, under the influence of drugs (legal or illegal) or alcohol, or who appears to be unaware of the presence of a cam;

e) depictions of menstruation, feces or vomit;

f) depictions of real or simulated rape, incest, necrophilia, bestiality (if you cannot do it without committing a crime, do not pretend to do it);

g) depictions of violence, gun use, blood, torture, pain, erotic asphyxiation, rape scenes, extreme fisting any actions designed for physical or emotional harm;

h) Offensive and degrading conduct such as the use of degrading or verbally abusive dialog, racial slurs, bigotry or hate speech;

i) Illegal drugs (or drugs that may be perceived as illegal in other locations, such as medicinal marijuana) are strictly prohibited;

j) images or actions that may be considered obscene or illegal in your community. Obscene materials include any actual or simulated rape, incest (and depictions of incest), child pornography (or any depiction of child pornography), and bestiality.

k) content including any individual who has not consented to appearing on the Seks platform. This includes the posting or threats to post any Non-Consensual Intimate Visual Depictions. For more information, please see Paragraph 10.

l) depictions of another’s copyrighted work or content. This includes posting or requesting materials that either you or the party you are requesting them from do not have any legal right to possess. Please see Paragraph 11 for more information on copyright violations and how to remove copyrighted content.

Remember, YOU are solely responsible for any content you post, and we will remove you from our Platform, terminate your account, forfeit your tokens and take legal action (in our sole discretion), against anyone who violates the law or these Terms.

D. Prohibited activities. All content on our Platform is provided by others, Independent Broadcasters who determine for themselves when and if to broadcast or post EGC, and who set their own rules for doing so. Seks does put minimum restrictions in place designed to comply with applicable laws and community standards, and for the safety of our Users. For example, but not by way of limitation, you may not:

a) use our Platform for any unlawful purpose or in any way that subjects us to civil or criminal liability;

b) broadcast recorded content (or any other type of non-interactive content). You may only give access to recorded video through your profile page;

c) impersonate another or do anything to mask your own identity such as using fake profiles or header information or other mechanisms used to conceal your identity in any communication;

d) solicit passwords or personal identifying information from other Seks Members;

e) threaten suicide or harm to oneself or others;

f) harass, bully or invade the privacy of another person;

g) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

h) promote an illegal or unauthorized copy of another’s copyrighted work or provide information to circumvent manufacturer-installed copy-protect devices or provide pirated music or links to pirated music files or otherwise create or distribute unlawful copies of copyrighted material.

i) transmit “junk” mail, “chain letters” or unsolicited commercial email, "spam" or advertisements;

j) include any file or data stream that contains viruses, worms, "Trojan horses" or any other malicious or destructive code or links to third parties;

k) attempt to defeat any security features of the site or reverse engineer any code or content;

l) alter or modify any part of our Platform or access Seks content through any technology or means other than those authorized. You cannot use any robot, spider, crawler or other automatic device, or manual process or software to monitor or copy our web pages or content or to bypass or interfere with the proper working of the Seks Platform;

m) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

n) stream your Seks EGC on any other cam site, under any circumstances, and you may not advertise commercial websites that offer live webcam streams, under any circumstances, on our Platform. Independent Broadcasters MAY mention their own profiles, homepages and wish-lists, and they are free to broadcast anywhere they choose, at any time.

o) create an account in an attempt to circumvent a ban by us.

p) promote or solicit business on our Platform for another cam site.

The above lists are not exclusive, and at any time, we may prohibit any activity that we determine, in our sole and absolute discretion, is inappropriate. We reserve the right to terminate or suspend your access to our Platform for engaging in any inappropriate activity.

E. Seks is committed to providing a safe platform for all users. To protect our community and comply with EU Digital Services Act Article 23(4), please note:

1. Manifestly Illegal Content:
   • If a user frequently provides manifestly illegal content (for example, repeated uploads of content prohibited under these Terms such as CSAM, non-consensual imagery, hate speech, or fraud), Seks may suspend or terminate that user’s account and take further appropriate measures.
2. Abuse of Reporting Systems:
   • If a user repeatedly submits manifestly unfounded notices or complaints, including false reports made in bad faith to harass other users or moderators, Seks may suspend or limit that user’s ability to submit future notices or complaints.
3. Proportionality and Fairness:
   • Actions taken under this policy will be proportionate to the frequency and seriousness of the misuse.
   • Users will be notified of any suspension or limitation and will have access to Seks’s internal complaint-handling system to contest the decision.

You ARE ABSOLUTELY PROHIBITED from soliciting Independent Broadcasters or other Seks Members for any unlawful purpose or act, sex or human trafficking, OR for any paid sexual act, even if prostitution is legal in that jurisdiction. Any such solicitation is grounds for immediate account termination. WE DO NOT AND WILL NOT FACILITATE PROSTITUTION.

8. Anti-Money Laundering (AML) Compliance

A. Commitment to AML Compliance. At Seks.com, we are committed to maintaining the highest standards of integrity and compliance in all our financial operations. As part of this commitment, we adhere to all relevant laws and regulations aimed at preventing money laundering and the financing of terrorism.

B. Anti-Money Laundering (AML). Seks complies with the Bank Secrecy Act (BSA) [31 U. S. C. § 5311 et seq.] and its implementing regulations, which require us to implement effective measures designed to prevent and detect money laundering activities. This includes the establishment of appropriate internal controls, ongoing employee training, and independent auditing of our AML policies to ensure adherence to regulatory guidelines.

C. Combating the Financing of Terrorism (CFT). In accordance with the USA PATRIOT Act [Public Law No. 107-56] and related regulations, Seks takes proactive steps to combat the financing of terrorism. We monitor transactions to identify and report any suspicious activity that may indicate the financing of terrorism. Our policies include conducting customer due diligence and verifying the identity of our members to prevent misuse of our platform.

D. User Verification. To comply with AML regulations, all users must complete identity verification procedures during account registration or at the time of initiating financial transactions. Verification may include, but is not limited to, providing a government-issued ID, proof of address, and any additional information deemed necessary to verify the user’s identity.

E. Prohibited Activities. Users are strictly prohibited from using the platform for any activities related to money laundering, terrorism financing, or other illicit financial conduct. This includes, but is not limited to:

• Transferring funds that originate from illegal activities.
• Structuring transactions to evade reporting requirements.
• Using third-party accounts or proxies to conceal the true identity of the user or the source of funds.

F. Monitoring and Reporting. Seks reserves the right to monitor all transactions and interactions on its platform for suspicious activities. Suspicious activities may include, but are not limited to, unusual transaction patterns, transactions involving high-risk jurisdictions, or inconsistencies in provided user information. Such activities will be reported to the appropriate regulatory or law enforcement authorities as required by law.

G. Account Suspension or Termination. In the event of suspected or confirmed AML violations, Seks reserves the right to suspend or terminate the user’s account and freeze any associated funds, pending further investigation. Users may also be reported to the appropriate authorities, and their personal information may be shared as part of any legal obligations.

H. User Responsibility. By using Seks, users acknowledge and agree to comply with this AML policy and all applicable laws and regulations. Failure to adhere to these terms may result in legal action, account suspension, or permanent banning from the platform.

I. Amendments to the AML Clause. Seks reserves the right to amend this AML clause and its associated policies at any time to ensure compliance with changing laws or regulations. Users will be notified of any material changes and are encouraged to regularly review the terms.

9. Fraud

A. Token Fraud. Seks will not tolerate the use of Tokens to perpetuate a fraud upon us, Seks Members or Independent Broadcasters, and we will vigorously prosecute in the criminal courts any such attempts. If we suspect fraudulent activity, Seks will terminate and permanently ban any associated Accounts and initiate legal and criminal probes, without prejudice to any other legal remedy we may have.

B. Responsibility to Report. Independent Broadcasters are required to report all such suspicious activity, or the Independent Broadcaster may be considered complicit, and subject to Account deletion, Token and Tip forfeiture, damages and criminal prosecution.

10. Non-consensual Intimate Visual Depictions and the Take It Down Act

A. User Responsibilities. Users are responsible for ensuring that the content they upload complies with all applicable laws and regulations. By using our service, users agree to refrain from uploading, sharing, or broadcasting any content that infringes upon the rights of others or violates any law. Seks strictly forbids Non-consensual Intimate Visual Depictions, content commonly referred to as “revenge porn” or content that is artificially created by computer-generated or technological means that is indistinguishable from an authentic visual depiction of the individual.

B. Compliance with Legal Requirements. In compliance with applicable laws, including the "Take It Down" legislation, Section 223(h) of the Communications Act of 1934 (47 U. S. C. 223), we have adopted the following policies regarding the reporting and removal of content:

C. Take It Down Request. We provide the following mechanism for individuals seeking the removal of specific content pursuant to the "Take It Down" legislation. Individuals may submit a take it down request by providing the following information:

a) A clear identification of the content requested to be removed (e.g., URL, username of the content creator).

b) A statement confirming that the requester is the individual depicted in the content or that they have authority to act on behalf of the individual.

c) Contact information for the requester.

d) A statement certifying the requester's good faith belief that the content violates applicable laws or regulations.

D. Review Process. Upon receipt of a valid and complete report, we will promptly investigate the claim. We reserve the right to remove or disable access to any content that we determine, in our sole discretion, violates our policies or relevant laws.

E. Response Timeline. We will respond to all take it down requests within 48 hours. If we determine that the content requires removal, we will take action accordingly.

11. Copyright and the Digital Millennium Copyright Act

We champion the rights of intellectual property owners and we do all we can to protect copyrights. If you believe that any content on our Platform infringes upon a copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").

A. Notice of infringement. To give notice under the DMCA, please provide our Copyright Agent with the following information:

i) A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right;

ii) A description of the copyrighted work or other intellectual property you think has been infringed;

iii) A description of where on our Platform the infringing material can be found;

iv) Your address, telephone number, and email address;

v) Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi) Your statement under penalty of perjury that the information in your notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

vii) Send your Notice to our designated DMCA Copyright Agent: Paul T. Eidsness, Esq. Eidsness Law Offices, PLC 1217 Cape Coral Parkway East, Ste 346 Cape Coral, FL 33904 EMAIL: Paul@Eidsnesslaw.com.

B. Counter-Notice. If you believe your EGC we removed per a DMCA notice is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to our DMCA Copyright Agent:

i) Your physical or electronic signature;

ii) Identification of the content that has been removed and the location at which the content appeared before it was removed or disabled;

iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, Seks may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or Seks Member the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

C. Repeat offenders. It is our policy to terminate the account of repeat copyright infringers. To that end, anytime a Seks Member is found to have multiple notifications of claimed infringements, their Account will be terminated.

12. Additional Features Offered on Seks.com

A. Contests. Seks runs a Global Cam of the Month contest and the rules are published here: https://www.seks.com/contest/rules/ . At other times, regional sponsors may run other contests, the rules for which will be posted along with the contest announcement. In general, our Contest Rules are posted here: Contest Rules  and are made part of these Terms by reference herein.

B. Avatars, Hentai, Manga. Animated erotica of any nature, as well as any other digitally created interactive images or cartoons may comprise Independent Broadcasters’ EGC, but such images must always comply with these Terms.

C. Games. Independent Broadcasters are allowed and encouraged to stream video games or similar content, such as found on Amazon’s Twitch. If you are going to stream a game on cam, you must appear on cam at the same time along with the game or appear “picture-in-picture” using an external encoder.

D. Outdoor Shows. While outdoor broadcasting is encouraged, you must abide by our rules concerning Entrepreneurial Generated Content as found at Paragraph 6. Outdoor shows follow the same guidelines and rules herein and in particular those rules concerning prohibited content and activities as found at Paragraphs 7C and 7D.

• NO public broadcasting is allowed.
• Children, babies and people under the Age of Majority are everywhere in the Great Outdoors. They MUST NOT appear on your cam feed as they are not permitted on the Seks Platform at any time, in any way.
• Broadcasting from a car is permitted. Obviously, the car MUST be parked safely. If you attempt to broadcast from a moving vehicle your feed will be blocked and your account will be banned.

Seks recommends that broadcasts do not cam from a height of more than 5’5” above ground, in order to avoid claims of invasion of privacy; and

Broadcasting from playgrounds, schools, graveyards or churches is strictly prohibited.

E. Uploading Videos for Sale on Seks. Seks has developed a means to allow you to sell access to videos of yourself online. This ability is found on Seks under the offering called, “My Shop”. Of course, there are rules you must agree to in order to do this. Here are the Rules, please read them carefully as you will be asked to acknowledge you understand them prior to submitting your video.  Video Upload Rules

Video sales to Seks Guests and Members residing in the European Union are made via Granity Entertainment, DAC, acting as an undisclosed agent for the Independent Broadcaster.

F. Artificial Intelligence (AI) 3d Party Chat App. As a User of Cam4’s services, you may engage with AI Bot performers just as you engage with live Broadcasters. Better yet, as an Independent Broadcaster on Seks, we now offer you the ability to create an AI Bot that will replicate your own persona! To accomplish this, you will answer questions and submit photos and voice recordings designed to capture your persona, granting Seks the right to use any data and resources provided during this process, to create and operate your AI Bot. Your AI Bot will interact with Seks Users using your persona and voice. Your AI Bot functionality may include adult conversations and content sales. You will earn as your AI Bot works! Please go to AI Bot on Seks to begin your journey in AI Bot creation.

13. Privacy Rights

Please read our Privacy Policy and Cookies Policy as they govern how we use the information and data, including personally identifiable information, we collect from you when you use our Platform. Within these Policies, we share with you how we use your geographic location to better provide you service and how we use Cookies to track usage and offer you better performance.

14. Representations You Make

Before we offer you our Platform and services, and as a material inducement for us to do so, you hereby affirm, represent and warrant to us that:

A. You are aware and you agree that you are solely responsible for your own EGC and the consequences of posting or publishing content.

B. You are familiar with your community’s standards regarding sexually-oriented material and that if you encounter content on our Platform that does not meet your community’s standards, you will leave our site immediately.

C. Any EGC you stream or upload is content YOU own as original work(s) or you have the necessary licenses, rights, consents, or permissions to use and you will not violate any civil rights of other Seks Members or any third parties.

D. You will keep all documents required by Title 18 U. S. C. §2257 and §2257A, and 28 C. F. R. Part 75 as required by law for yourself and any other individuals who appear on your cam while broadcasting over our Platform and you will provide it to us upon request.

E. You understand that unless you have provided us with sufficient identification for all who broadcast on your cam, you will be ineligible to cash out any Tokens or tips received by you in association with your account.

F. You acknowledge and agree that Seks plays no editorial role as to EGC and is merely a forum for the expression of ideas, thoughts, and information and that you will never assert that we edit or amend any content in your attempt to establish that Seks is a producer or author of any EGC viewed on our Platform.

H. It is your desire to share your private and personal behaviors and to comment, rate, criticize, organize and recommend based on what you are exposed to by utilizing the Seks Platform provided by Seks, while inviting others to do the same; and

I. You further represent and warrant that you have not notified any governmental agency that you do not wish to receive sexually oriented material.

15. Seks Member Indemnity

A. To the maximum extent permitted by applicable law, you agree to release, defend (at Tropistream’s option), indemnify and hold Tropistream, Granity DAC, TLE Opportunities, LLC and their respective affiliates, their directors and personnel safe from all claims, liabilities, damages, losses and expenses arising out of or in connection with: (i) your breach of these Terms (including any additional or additional terms that apply to any product or feature and which would be presented to you before you access or use it) or our Policies, (ii) your improper use of the Seks platform, (iii) your interaction with any Member, participation in any on-site experience or use of services or content provided by Independent Broadcasters, including, but not limited to, any prejudice, loss or damage (compensatory, direct, incidental, immaterial or other) of any kind arising in connection with or following the use of the Seks site in the broadest sense, (iv) your failure, or our failure to follow your instructions, to accurately report, collect or remit taxes, or (v) your violation of any law or any regulation or third party right such as intellectual property rights or confidentiality. This indemnification obligation only applies if, and to the extent that, the claims, liabilities, damages, losses and expenses were actually caused by your culpable breach of a contractual obligation. As we have stated before, if you do not agree with this or any of our other Terms you must leave our Platform and not access it again.

B. For you folks in California, you agree to waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

C. This defense and indemnification obligation will survive these Terms and your use of our Platform.

16. No Guarantee of Access and Benefits

We do not guarantee that you will be able to access or use any or all parts of this Site, and you agree that Seks shall have no liability to you whatsoever for any such inaccessibility.

Specifically, the availability of any archived content, chat, shows or recordings are not guaranteed in any way. Archives, along with any other feature or benefit of this Site, may become permanently inaccessible for any reason and you agree that Seks shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal due to such inaccessibility.

17. Security

A. In general. How you handle your Account should be very important to you as it may save you a great deal of anguish and it may save us from having to take measures against you or other Seks Members. Please read and pay attention to our requirements below that impact the security of your Account.

B. Underage. You will not allow any person below the Age of Majority to appear in any EGC you submit or allow any such person to access or use our Platform.

C. Access. You will not allow anyone to have access to your username or password and you will maintain the safety and security of your login information to prevent any unauthorized access. You must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password.

Seks is not liable for your losses caused by any unauthorized use of your account and you specifically waive any such claim and agree to defend and indemnify Seks against any such claims made against it by third parties.

D. Other’s Accounts. You will not attempt to, or actually use, anyone else’s Account. You may not transfer your Account to another person. You may not ask for another Seks Member’s account information.

E. Confidentiality. You agree to keep all information contained on or provided through the Seks Platform as private and confidential and agree not give such information to anyone without the permission of the person who provided it to you.

F. If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out off our Platform by clicking the logout button, and not to allow the browser to save or otherwise store your personal username and password.

G. Personal information. You will not reveal any personally identifiable information about any User or request any such information.

H. Sales must remain on the Seks Platform. Independent Broadcasters MAY NOT use Seks Members’ information to provide webcam shows or receive payments outside of the Seks Platform. Any transactions entered into via the Seks Platform, must be completed in exchange for Tokens on the Seks Platform. If you attempt to take payments outside of the Seks Platform, your account will be terminated and you will lose your Token balance. (See Paragraph 21E for information on what happens to forfeited Tokens).

I. Independent Broadcasters must comply with all obligations in their respective jurisdictions, including but not limited to charging, reporting and paying any sales tax, value added taxes or duties, as well as any other jurisdiction that their services might be considered subject to taxation. In no event will Seks.com be deemed the seller, exporter, or importer in the jurisdiction where the Interactive Broadcaster or a Seks Guest or Member resides or is deemed to reside nor will Seks.com be liable for charging, reporting or paying any of such taxes or duties. If Seks.com does become liable for such taxes or duties by application of law, then Seks.com is entitled to recharge any costs to the Independent Broadcaster, either directly or by means of settlement through their Tokens balance, subject to the preference of Seks.com.

J. No advertising other cam sites. You may not advertise commercial websites that offer live webcam streams, under any circumstances; however, Independent Broadcasters are allowed to mention their own personal profiles, homepages and wish lists whether on our Platform or another as they are independent of our control.

K. Only non-commercial use. You will only use the Seks Platform for your personal enjoyment. Unless expressly authorized by Seks, you will not commercially exploit, otherwise sell, reproduce in any manner or hyperlink this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) for any reason. Further, you are not allowed to reference the url (website address) of our Site in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the Site. You specifically agree to cooperate with us to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100, 000.00 plus costs and actual damages for violating this provision.

18. CAN-SPAM ACT 15 USC §7703 et. seq.; Newsletters, Correspondence, and Opt-out Policy

We may send you e-mails or other notices regarding new services, promotions, or other information that may be of general interest. These communications may include transactional information, but they may also be of a commercial nature. We will ask your consent to send you commercial communications, and Seks Members who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their Account. We will comply with all requests for removal. Please be advised that we may need to send you information directly related to your Account, and usually at your request. For example – request to set a new password. In order to ensure you receive these important communications related to your Account, please add Seks.com to your safe senders list. Our email policies and practices have been certified by Return Path.

19. Warranty Disclaimer

You agree that your use of our Platform is at your own risk. We do not warrant that the Site is available uninterrupted or error-free. TO THE FULLEST EXTENT PERMITTED BY LAW, Seks DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Seks PLATFORM. Seks does not warrant or assume responsibility for any product or service advertised by a third party through the Seks Site or any hyper-linked website, and we will not in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

20. Limitation of Liability

By agreeing to use the Internet services offered by Seks, you agree that Seks is immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act as to any content, and nothing in these Terms is intended to waive or diminish such immunity. IN NO EVENT SHALL Seks BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF ITS PLATFORM, EXCEPT WHERE CAUSED BY OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE. TO THE FULLEST EXTENT PERMITED BY LAW, Seks’S LIABILITY IN ANY CASE SHALL NOT EXCEED THE SUM OF $500.00USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Seks shall not be liable for EGC or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

21. Miscellaneous

A. Complaints/Requests for refunds. Seks is dedicated to customer satisfaction; whenever possible we want to solve any problem or questions you have with any of our services. To report any issue with your use of our Platform or a problem with any other Seks Member, or to ask for a refund or transaction reversal, please email us for assistance! Support@Seks.com.

B. Disputes/Arbitration/Choice of Law. You hereby agree that any disputes between us arising out of your use of our Platform will be resolved by binding individual arbitration and not in court. The English version of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law, apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at legal@seks.com. Payment and fees for the arbitration are governed by the UNCITRAL rules. The arbitration will be held in Curaçao and the law under which the dispute will be decided shall be the law of Curaçao. Curaçao law shall govern all disputes of any nature with the exception of disputes involving transactions handled by Granity Entertainment DAC which shall be decided pursuant to the laws of Ireland and any disputes involving transactions handled by TLE Opportunities, LLC which shall be decided pursuant to the laws of the State of New York, USA. Neither party will be entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the arbitrator has ruled that the other party's claim is frivolous.

To the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, regardless of where you reside.

C. Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.

D. Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect.

E. Cam4Cares. Throughout the above Terms, you have been advised that violations of these Terms or your own termination of account will result in the forfeiture or surrender of your available Tokens. Seks has initiated a program called “Cam4Cares” to put these forfeited or surrendered Tokens to good use. Tokens surrendered or forfeited to Seks will fund projects that impact directly on the health and well-being of individuals working in the online adult industry (such as Pineapple Support) and non-profit organizations that raise public awareness about ways to prevent child abduction, child sexual abuse and child pornography (such as the National Center for Missing & Exploited Children (NCMEC)).

F. Licenses. The Seks Platform is made up of software developed by Seks, its partners and other 3d party providers of software and open-source software under licenses such as MIT, ISC, BSD and Apache, amongst others. All software created and copyrighted by others and provided to you by virtue of your use of the Seks Platform (the "Software"), is provided with permission granted, free of charge, to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so.

G. No Warranties. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.