Performer Agreement
Welcome to SextMe. Any access to and/or use of this Website is governed by the terms and conditions of use as set out below (“Terms & Conditions”), and the Privacy Notice. Access to and/or use of this Website implies your agreement to and acceptance of these Terms & Conditions and the Privacy Notice.
This document specifically outlines the Agreement between the SextMe platform, and Performers who sign up for Performer accounts. It is designed to be read in conjunction with the Terms & Conditions and Privacy Policy.
By signing up for a Performer account with SextMe, Performers expressly agree to abide by the terms and rules contained herein, and in the adjacent Terms & Conditions and Privacy Notice documents.
1. Definitions
- “Website” or “Platform” – Means the SextMe website, available at << www.nowsext.me >>;
- “Performer” – Means a User that has registered their details as a Performer in order to offer services to regular Users through the Platform;
- “Performer Account” – Means the account created by a User in order to become a Performer, including the Performer’s profile;
- “Content” – Means video, image, text or contact data which is uploaded to the Website by a Performer;
- “Company Content” – Means all text, scripts, information, documents, graphics, digital files, photographs and galleries of photographs, mobile content, sounds, music, or audio-visual files, and interactive features Uploaded by SextMe and contained on this Website;
- “Membership” – Means the period of time during which the User’s Account is active and has not been deactivated by the User or by SextMe;
- “Privacy Notice” – Means the Privacy Notice, which can be found at: << www.nowsext.me >>;
- “Upload” – Means the uploading of Content by Performers onto the SextMe Platform;
- “User” – Means a user accessing this Website via a computer or mobile device. The User’s access to this Website will be limited to viewing Company Content and/or Content only.
2. Age
- By signing up for a SextMe Performer account, Performers warrant that they are at or above 18 years of age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the User accesses the Website).
- Only Performers who are permitted to access and/or use this Website under the laws of the jurisdiction in which they access and/or use this Website shall be permitted to sign up for a Performer account with SextMe.
3. Performer Accounts
- Performers agree to keep the password and any other authentication information for their account private.
- The Performer agrees not to share, sell, or license access to their Performer account to any other person or entity.
- If a Performer becomes aware of any unauthorised access to their User Account or Performer Account, the Performer agrees to notify SextMe immediately by sending an email to: << email address >>.
- The Performer agrees that they will be solely accountable to SextMe or any local law enforcement agencies or any competent authority for all activities taking place in connection with the User Account or Performer Account.
4. Content Ownership and Intellectual Property
- The Performer acknowledges, represents and warrants that:
- The Performer has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable SextMe and its successors or assigns to display, broadcast, use, reproduce all of the Content Uploaded by the Performer in connection with this Website or disseminate or distribute such Content Uploaded by the Performer in connection with this Website; and
- The Performer will be solely responsible for the content of Content Uploaded to this Website by the Performer and for any consequential losses including any loss of profit or loss of business incurred by SextMe that may arise from Uploading such Content by the Performer. SextMe shall not be liable to the Performer for any disclosure or exploitation of the Content Uploaded to this Website.
- The Performer agrees not to Upload or store on this Website any Content which may violate any third party’s or SextMe’s Intellectual Property Rights, which may violate the laws of the United Kingdom. The Performer will not Upload or store on this Website any Content which may violate the laws of the country in which the Performer accesses and/or uses this Website or Uploads Content to this Website. Performers within the United Kingdom that are producers or consumers in respect of Content should be aware of the Obscene Publications Act and the Criminal Justice and Immigration Act, which criminalises the possession of 'extreme' pornography. Content featuring children or animals or that make references to incest or rape will not be accepted and SextMe shall inform local law enforcement agencies of any such Content Uploaded by any Performer.
- By Uploading Content onto this Website, the Performer hereby grants to SextMe and its successors’ business or assigns an irrevocable, perpetual, non–exclusive, royalty–free, world–wide, transferable sub–licence and transferable licence to use, reproduce, distribute any and all of the Content Uploaded by the Performer in connection with this Website, including without limitation, for promoting and redistributing part or all of this Website in any media format without any requirement of prior permission from the Performer, or without any attribution to the Performer. The Performer hereby grants to each other Performer of this Website a non–exclusive licence to access the Content through this Website, and to use, reproduce, distribute such Content as permitted through the functionality of this Website and under these Terms & Conditions. The foregoing licence granted by the Performer will terminate once the Performer, or SextMe, removes or deletes Content or any part thereof from this Website.
- All Content that is Uploaded by Performers are subject to approval by SextMe from time to time. Content will be moderated by SextMe on a random basis, or in the event that Content is brought to the attention of SextMe by any Performer. The Performer expressly agrees that SextMe may remove, disable or restrict access to or the availability of any Content from this Website (including, but not limited to, Content which the Performer has Uploaded) which SextMe believes, in good faith and in SextMe’s discretion, violate SextMe’s Terms & Conditions or the laws of the United Kingdom.
5. Prohibited Content
- Performers agree not to upload prohibited Content to the SextMe Platform.
- Prohibited Content includes but is not limited to Content which:
- Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of any group or individual;
- Exploits any group or individual in a sexual or violent manner;
- Contains nudity, underage nudity, violence, or offensive subject matter;
- Solicits confidential or personal information from any group or individual;
- Publicly reveals information that poses or creates a privacy or security risk to any group or individual;
- Constitutes or promotes information that is knowingly false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous, or is otherwise in the contravention of any of the laws of the United Kingdom;
- Involves the transmission of unsolicited mail, instant messages or spam;
- 9.Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, theft, child pornography, sexual assault, violating the privacy of any group or individual, or providing or creating malware; or
- Involves commercial activities and/or sales without prior written consent from SextMe.
6. Termination Right
- The licences granted by the Performer in Clause 4 above, will terminate when the Performer removes or deletes Content from this Website. In the event that the Performer elects to terminate the User's or Performer’s legal agreement/contract with SextMe, the above licences granted by the Performer in the Content that is not removed or deleted by the Performer prior to the closing of the User Account or Performer Account are perpetual and irrevocable, but are otherwise without prejudice to the User's or Performer’s ownerships rights.
7. Indemnification
- The Performer agrees to defend, indemnify and hold harmless SextMe, its officers, directors, employees, and agents from and against all claims which may be asserted against SextMe, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
- The Performer’s use of this Website; and
- Any Performer’s breach of these Terms & Conditions.
8. Links to third party websites
- Performers acknowledge and agree that SextMe is not responsible for the availability of any third party websites. Furthermore, SextMe does not endorse any advertising, products or other materials available from any third party websites.
- Performers acknowledge and agree that SextMe is not liable for any loss or damage which may be incurred by Performers as a result of the availability of any third party websites, or as a result of any reliance placed by Performers on the completeness or accuracy of any advertising, products or other materials available from any third party websites.
9. Site availability
- SextMe will endeavour to keep this Website running efficiently and accessible at all times. However, Performers will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
- SextMe will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
- Neither SextMe nor any other party has individual control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to events which are beyond control of SextMe, such as system malfunctions or failures experienced by third-parties. In these circumstances, SextMe will use its reasonable endeavours to restore the service as soon as reasonably practicable.
10. Termination
- The terms of this document, including those in the Terms & Conditions, will continue in force until terminated by either a Performer or SextMe in accordance with the provisions of the Terms & Conditions
11. Website Disclaimer
- SextMe makes no representation that Content Uploaded to this Website are appropriate in locations outside the United Kingdom, and accessing them from territories where the Content is illegal is prohibited. Performers that choose to access and/or use this Website from locations outside the United Kingdom are doing so on their own initiative and risk, and will be responsible for compliance with domestic laws.
- SextMe disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non–infringement. This Website is made available to Performers “as is” without any warranties whatsoever about the nature, accuracy (either when Uploaded or as a result of the passage of time) of any Content on this Website, and Performers expressly agree that any User’s or Performer’s access to and/or use of this Website is carried out willingly and under that User’s or Performer’s own volition.
- SextMe shall not be responsible for any Content Uploaded to this Website, and the User and Performer agree to indemnify SextMe in accordance with Clause 11.6 and Clause 13.1 in respect of any actions or claims against SextMe arising in accordance with this Clause.
