Terms of Service

Last Updated: October 12, 2024

Priver.me OÜ (“Company”), owns and operates www.priver.me and all affiliated websites and mobile versions (“Priver”), a social media website and application service that allows creators to upload photos and videos to their profile and set prices for access to that content (“Model(s)”) and that allows subscribers to pay to access that content (“Subscriber(s)”). The term “You” or “User” refers to all users, whether Models or Subscribers.

BY USING OUR WEBSITE YOU AGREE TO THESE TERMS

Please read the Terms of Service (“Terms”), a legal contract which governs your use of Priver, including any content, functionality, and services offered on or through Priver. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using Priver, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use Priver.

Interpretation In the Terms of Service

1. We refer to our website as "Priver", including when accessed via the URL www.priver.me;
2. References to "we", "our", "us" are references to Priver.me OÜ (“Company”), the operator of Priver;
3. "Business User": a User who uses Priver for commercial reasons, whether acting on their own behalf or through someone else, including Referring Users;
4. "Consumer": all Users who are not Business Users;
5. "User Content", "User Generated Content", "Content": any material Uploaded to Priver by any User, including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
6. "Contract between Subscriber and Model": the terms which govern each Model Interaction;
7. "Model": a User who has set up their Priver account to post Content for Subscribers to view;
8. "Model Earnings": the portion of a Subscriber Payment payable to a Model pursuant to these Terms of Service after deducting all fees and applying all relevant tax laws;
9. "Model Interaction": an interaction on Priver that grants access to a Model's Content, including: (i) a Subscription; (ii) a payment for pay-per-view Content; and (iii) any other interaction or payment between a User and a Model's account or Content, including direct messages;
10. "Subscriber": a User who has registered for an account and who can access a Models' Content via a Model Interaction;
11. "Subscriber Payment", "Subscriber Payments": any payment related to a Model Interaction;
12. "Include", "Includes", and "Including" also mean "without limitation";
13. "Indirect Sales Taxes": any Tax that is statutorily applied to Fan Payments in any relevant jurisdiction;
14. "Notice", "Notify", and "Notification": our attempt to share information with you by: sending a message to your Priver account, or sending an email to an address you provide, or posting a letter to the physical address you provide, or sending a text message to or calling a phone number you provide;
15. "Affiliate User", "Partner": a User who participates in the Priver Affiliate Program;
16. "Subscription": a Subscriber's binding agreement to obtain access for a specific period of time to all content that a Model makes available to Subscribers in exchange for authorised automatic renewal payments. This excludes individually priced content;
17. "Subsidiary": a legal entity of which Priver.me OÜ or a Priver.me OÜ Subsidiary, alone or with other Priver.me OÜ Subsidiaries, owns, or has the power to vote or control;
18. "Tax": all forms of tax and statutory, governmental charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any applicable jurisdiction;
19. "Terms of Service" (also called "your agreement with us"): the legally binding agreement between you and us which consists of: (i) these Terms of Service; (ii) Acceptable Use Policy; (iii) Affiliate Program Terms; (iv) Platform to Business Regulation Terms; (v) Complaints Policy; (vi) Appeals Policy; (vii) UK VAT Policy; and (viii) Community Guidelines;
20. "Estonia" and "EE": the Republic of Estonia;
21. "Upload": publish, display, post, type, input, or otherwise share any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
22. "User": any user of Priver, whether a Model or a Subscriber or both (also referred to as "you" or "your").

Basic Provisions

1. We can modify these Terms of Service at any time
   
   We may change these Terms on one or more occasions. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use Priver after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing Priver.
2. No Minors. You must be at least 18 years old.
   
   Priver contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access Priver. If you do not meet these age requirements, you must not access Priver and must leave now. The Company forbids all persons who do not meet these age requirements from accessing Priver.
3. Section 230(d) Notice
   
   In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
   
4. No Child Sexual Abuse Material
   
   The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). The Company only allows visual media of consenting adults for consenting adults on Priver. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within Priver, please immediately report this to the Company at support@priver.me. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
5. No Prostitution or Sex Trafficking
   
   The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Priver or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
6. User Generated Content
   
   We do not own the media uploaded by Users on Priver (“User Content”) and the views expressed by Users on Priver do not represent the views of Priver. All User Content transactions and interactions on Priver are between Users and at no point does Priver become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use solely as intended through the provided functionality of Priver and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.

Our rights and obligations

1. We reserve the right to suspend or remove Content that may breach our Terms of Service.
2. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on Priver.
3. When we review Content in accordance with our internal policies, we reserve the right to conduct these reviews with technology tools such as classifiers, and Artificial Intelligence and Machine Learning-enabled tools to detect and remove Content that violates our policies.
4. We may use recommender systems by, for example, displaying Model accounts on your home page that other Users who share subscription preferences similar to yours have chosen to follow.
5. We are not responsible for any loss you claim to have suffered because of any action we take, in accordance with our Terms of Service, to suspend or remove Content.
6. We may suspend or delete Content and accounts according to our Terms of Service. If we do, we will try to Notify you.
7. If your account is terminated, we may deal with your Content in accordance with our Privacy Policy. You will not be able to access your Content after your account is terminated.
8. We may review any suspected or alleged misuse, abuse, or unlawful use of Priver and cooperate with law enforcement agencies in such reviews.
9. We may disclose any information or records in our possession or control about your use of Priver to third parties in keeping with our Privacy Policy.
10. We may change which third-party payment providers process Subscriber Payments.
11. Other than Content which is owned by or licensed to Models, we and/or our licensors own all rights in and to Priver and its entire contents.
12. We are the sole owners of any and all anonymised data relating to your use of Priver and we can use that data for any purpose permitted by law.
13. We may choose how we communicate with you, including by emails and messages posted to your Priver account.

What we are not responsible for

We will use reasonable care and skill in providing Priver to you, but there are things we are not responsible for, including:

1. We do not control Content that Users post on Priver. We do not choose, endorse, authorise, approve or guarantee the completeness, legitimacy, legality, accuracy, or reliability of any Content Users post on Priver. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on Priver. You may report Content you suspect may be illegal by following our Complaints Policy.
2. We do not grant you any rights in relation to Content.
3. Whether your Content is viewed by individuals that recognise your identity.
4. Any suggestions, comments, reviews, or requests that any User provides, accepts, or receives.
5. Any promise or guarantee that Models or Affiliate Users will generate earnings from Priver.
6. Whether Priver is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Priver.
7. The availability of the internet, or any issues in your hardware, or software, that may impact your use of or access to Priver.
8. Any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorised activities or resulting unauthorised payments or withdrawals of funds.
9. The circulation of Content recorded in breach of the Terms of Service.

Circumstances in which we may suspend or delete your account and/or Content, pause Subscriber Payments, and/or withhold Model Earnings

1. We may suspend or delete your account with 30 days' Notice, at any time, for any reason;
2. At any time, without warning or Notice and for as long as is necessary to review the relevant facts, we may: (i) suspend or delete your account and/or your Content; (ii) pause Subscriber Payments which would have been due during the suspension period; (iii) withhold any part of your Model Earnings; and/or (iv) suspend, refund, or cancel Subscriber Payments if:
   1. we think you have or may have seriously or repeatedly breached the Terms of Service;
   2. you attempt, or threaten, to breach the Terms of Service in a way which we think has or could have serious consequences for us or another User; and/or
   3. we suspect that all or any part of the Model Earnings result from unlawful or fraudulent activity, either by you or by the Subscriber who made the Subscriber Payment resulting in the Model Earnings.
3. If, based on our review of the relevant facts, we determine that any of the above is true, we may: (i) delete your account and/or your Content; (ii) treat any part of your Model Earnings as forfeited; and/or (iii) refund or cancel Subscriber Payments. We will Notify you when we take any such action and will provide a statement of reasons why. If we terminate your Subscriber account for violating the Terms of Service, Subscriber Payments, including prepaid Subscription payments, will not be refunded.
4. If you do not dispute our decision within six months of Notification, you waive the right to dispute the decision. You may dispute a Model Earnings forfeiture decision by following our Complaints Policy and dispute an account termination or Content deactivation decision by following our Appeals Policy. In certain jurisdictions, you may be entitled to bring a claim against us for breach of contract where we remove or restrict access to your Content or the Priver platform in breach of our Terms of Service.
5. If a lien, levy, or other encumbrance is placed on your Model Earnings, we may withhold any part of your Model Earnings and may suspend or cancel Subscriber Payments. We have no duty to make ongoing payments to your creditor(s) and may withhold Model Earnings until an encumbrance is removed.
6. We may use any part of your Model Earnings to set off any harm or loss we suffer as a result of your breach(es) of the Terms of Service.