Welcome to MyMillennia.com, a platform provided by Mymillennia L.L.C. ("Mymillennia ", "we" "our", "us" and other similar expressions). The present Terms of Use govern your use of MyMillennia.com, as well as its mobile and desktop applications (collectively, the "Platform").
These Terms of Use set forth the terms upon which Mymillennia provides access and usage of the Platform. Users of the Platform must comply with these Terms of Use, in full. Prior to using the Platform, you agree to acknowledge and agree to the present Terms of Use. If you do not accept to be bound by these Terms of Use, your sole recourse is to not use the Platform.
The Terms of Use for all Users form the binding contract between Mymillennia and you ("you" and variants such as "your" and "yours") and govern your rights and responsibilities in connection with your use of the Platform.
For interpretation purposes, these Terms of Use encompass our Terms of Use for Creators, Terms of Use for Fans, and Community Guidelines. We may update these Terms of Use and other related policies and rules from time to time, at our discretion.
Definitions
When used in these Terms of Use, the terms will have the definitions set forth below:
"Content" may consist of audio files, text files, pictures, images, graphics and other content published, distributed and/or shared by Creators on the Platform.
"Creators" refers to users of the Platform who are permitted to upload, publish and share Content in exchange for compensation as more amply described in the Terms of Use for Creators.
"Fans" refer to users of the Platform who purchase subscriptions to gain access to Content and interact with Creators.
Acceptance of Terms of Use
These Terms of Use constitute a binding and enforceable agreement between you and us.
Upon accessing, visiting or using the Platform in any way, including upon the purchase of a subscription, creating an account, uploading and sharing content or other usage of the Platform, you agree to be bound and governed by these Terms of Use, in full. These Terms of Use are binding and applicable to you.
WE HAVE A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS, OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY AND WE TAKE GREAT MEASURES TO ENSURE THAT NO UNDERAGE INDIVIDUALS APPEAR ON THE PLATFORM. WE DO NOT TOLERATE AND WILL REPORT ANY UNLAWFUL ACTIVITIES OR MATERIAL, INCLUDING, BUT NOT LIMITED TO: (I) ANY MATERIAL INVOLVING OR REPRESENTING MINORS OR OTHER CHILD EXPLOITATION MATERIALS, INCLUDING ANY VIRTUAL DEPICTION; (II) ANY MATERIAL INVOLVING OR REPRESENTING THE DEPICTION OF ILLEGAL OR NONCONSENSUAL ACTIVITIES, INCLUDING ANY VIRTUAL DEPICTION; AND (III) ANY USE OF THE PLATFORM IN SUCH A WAY THAT PROMOTES OR FACILITIES, OR GIVES THE IMPRESSION OF PROMOTING OR FACILITATING, HUMAN TRAFFICKING, SEX TRAFFICKING, PHYSICAL ABUSE AND/OR PROSTITUTION.
Your Representations and Warranties
By using the Platform, you confirm as follows to Mymillennia: (i) you are at least eighteen (18) years old, or are of the age of majority set by your country of residence, whichever is higher; (ii) you possess the required authority and capacity to use the Platform and be bound by these Terms of Use; and (iii) you are not subject to any restrictions that would prevent you from using the Platform and/or using the content featured on the Platform in your country of origin or residence.
Changes to Terms of Use
We may update, change or revise these Terms of Use at any time at our discretion. The most recent version of these Terms of Use will be published on the Platform. These Terms of Use will specify the date of the latest update thereof in the header.
We will try to notify you prior to making any significant changes to these Terms of Use. Despite our best efforts, we cannot guarantee that you will be informed of changes prior to their publication on the Platform. For this reason, you are encouraged to periodically review these Terms of Use to ensure compliance with the latest version.
Your usage of the Platform following to the publication of the revised Terms of Use constitutes your agreement to be bound by the updated Terms of Use.
Description of the Platform
The Platform operates as a hosting service platform where independent content creators can upload, publish, distribute, license, share, and sell, their original pictures and videos, interact with fans, and can offer services to certain Users. The Platform supports explicit adult language, themes, images, content and/or entertainment and is only open to consenting adults. A single subscription to the Platform can grant Fans access to the following: profile content, pay-per-view media, live streaming and messaging with Creators.
Your User Account
You are not obliged to have a user account to use the Platform, however, to access certain portions of the Platform and to publish Content and/or purchase a subscription, you must create an account on the Platform. Your user account will allow you to gain access to specific Content, subject to any subscription and payment obligations. By accessing or using the Platform, you are demonstrating your willingness and confirming your agreement to be bound by these Terms, including all instruments and assurances in amendment or confirmation of them made from time to time. If you do not agree to these Terms, you may not use the Platform.
You may control your User profile and how you interact with the Platform by changing the settings in your Account Settings. By providing Mymillennia your email address you consent to our using the email address to send you Platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Platform and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
6.1 Creation of User Account
To register and create an account on the Platform, you will be asked to submit personal information to confirm your identity and age. To create your user account, you will need to submit your name, age, email address and phone number. You may be required to provide a copy of a government issued identification (ID). You may also be asked to undergo age estimation biometric scans, which will be handled and managed by our third party service provider.
As part of your user account, you will need to enter your banking or billing information, consisting of either your credit card information if you are a Fan or your routing information if you are a Creator.
You hereby confirm that all information provided as part of your user account is true, complete and current. You further confirm that you have not had an account on the Platform that we terminated or suspended in the past. Lastly, you agree to not transfer your user account, or sell, lease, lend, or assign it to a third party.
6.2 Public and Private Profiles
You will have a public and a private profile. Your public profile will be displayed on the Platform. You are responsible for providing all information to be published and displayed on your public profile.
6.3 Account Security
Your user account will be password protected. Your username and password should remain confidential and personal to you. In case of any security breach or compromised password, you agree to notify us at your earliest convenience by sending us an email.
You will be held responsible for all acts, content, and omissions arising out of or relating to your user account. You may not use a user account that doesn’t belong to you. We decline all liability for losses or damages caused by the unauthorized usage of a user account on the Platform. You will be held liable for any purchases and charges incurred by or using your user account on the Platform.
While we implemented strict security measures, we are unable to guarantee that all user accounts on the Platform will be fully secure and protected against unauthorized access at all times. Consequently, you agree to assume the risks associated with your communications, exchanges, downloads, usage, uploads, decisions or actions on or using your user account as well as its provision of personal information on the Platform, subject to our Privacy Policy.
6.4 Termination
We reserve the right to terminate your user account upon the occurrence of any or all of the following: (i) you failed or neglected to pay the sums due on their due date; or (ii) your usage of the Platform breaches these Terms of Use, our Acceptable Use Guidelines, our Community Guidelines, any applicable law or is contrary to public interest. We may also terminate a user account for any inappropriate conduct as determined by us, at our discretion, or as determined by our third party vendors.
You may terminate your user account at any time by following the instructions for deleting accounts on the Platform. If you have a subscription and terminate your account prior to the end of the subscription, no refunds will be provided for the unused portion of the subscription.
Upon the termination of your account on the Platform, all corresponding Content and account activity will be maintained by us, except to the extent necessary to comply with legal obligations and to protect our legitimate business interests. We encourage you to backup any Content you wish to keep prior to the termination or deletion of your user account on the Platform.
Your use of the Platform
You are responsible for all conduct, actions and omissions relating to your usage of the Platform and the Content. It is your responsibility to be knowledgeable and to periodically review all of these Terms to see if anything has changed. Mymillennia will not be liable for your neglect of your legal rights. You therefore agree to not engage in unacceptable use of the Platform, which consists of using the Platform to:
Breach any applicable international, national or local law, government order, regulation or policy;
Use automated means, such as data mining tools, to download or scrape data from the Platform;
Impair, interfere with or damage the Platform or its servers;
Engage in illegal, fraudulent, malicious or discriminatory conduct, or encourage others to use the Platform for such illicit purposes;
Intimidate, insult, bully, harass, threaten or cyberstalk users of the Platform;
Reproduce, share, copy, distribute, commercialize or otherwise transmit the Content or any portion thereof, except in accordance with these Terms of Use;
Publish or share false or illicit statements on the Platform;
Publish or share spam on the Platform;
Impersonate an individual or business, or intentionally mislead others about your genuine identity;
You will not social engineer and/or contact Mymillennia employees to gain access to confidential information and/or data not otherwise available to you;
Collect personal information or data regarding users of the Platform, without obtaining the necessary consents;
Access Content using any unauthorized means or technology, or bypass the Platform’s established security measures;
Decompile, reverse engineer or hack any portion of the Platform or attempt to do so;
Sell, lease, assign or transfer your user account on the Platform;
You will not make inappropriate use of the Platform;
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate; and
Act in a manner that conflicts with the spirit of these Terms of Use.
You may be held personally responsible for your failure to comply with these Terms of Use, and our guidelines and standards. Further, you agree that we may, without liability, revoke your right to use the Platform if you breached or attempted to breach any obligation in these Terms of Use.
Content
For reference purposes, "Content" also includes copyrightable works, including but not limited to videos, audiovisual materials, recordings, sounds, photographs, bursts, images, drawings, graphics, artwork and other intellectual property rights, including but not limited to original materials created by the Creators which are incorporated therein, such as the Creator’s name, likeness, voice, profile, appearance, and/or other similar materials.
8.1 Representations and Warranties
Creators represent and warrant that they are the sole and exclusive owners of the Content uploaded and shared on the Platform. Creators provide these representations and warranties on their own behalf, and on behalf of any co-creators, or managers that may have contributed or participated in the creation and development of the Content.
We do not claim any ownership rights to the Content. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Mymillennia shall not be liable for any damages you allege to incur as a result of or relating to any User Content. The Content uploaded is the uploading Creator’s sole responsibility. Creators may only upload or share Content which is their property or for which they have obtained all required consents to upload and share. Failure to comply with this obligation may result in copyright infringement and the violation of intellectual property rights.
8.2 License Grant
By submitting, posting, displaying, publishing or otherwise making available any User Content on the Platform, Creators hereby grant us a nonexclusive, sublicensable, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, reproduce, distribute, modify and commercialize your name, voice, and/or likeness as contained in your User Content, in whole or in part, in any and all media or form of communication whether now existing or hereafter developed. The license granted to us by the Creators allows us to publish the Content on the Platform, and to store the Content in our severs.
The user content you create remains yours, Mymillennia will not use any user content to generate any content. We reserve the right to edit, delete, or remove Content for any reason we deem proper or appropriate, at our sole discretion.
8.3 Live Content
You understand and agree that we may monitor and record all Live Content at our sole discretion, and terminate any Live Content that is illegal, involves or shows minors, or otherwise violates our Acceptable Use Policy. You may not record Live Content at any time for any reason. No Creator may offer Live Content unless approved by us. We reserve the right to rescind this approval at any time and for any reason or no reason in our sole discretion. You may purchase additional time for the Live Content pursuant to the terms and conditions herein and as set forth by the Creator. If you choose to display videos or images during the Live Content session, you agree that you will not display User Content that could be deemed illegal, involves or shows minors, or is simply not allowed by us, including any User Content in violation of our Acceptable Use Policy or these Terms. You agree that you will be liable to us and indemnify us for any losses or damages we suffer as a result of your violation of this Section
Our rights and obligations:
We reserve the right to suspend or remove Content that may breach our Terms of Use.
We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on the Platform.
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.
We may use recommender systems by, for example, displaying Creator accounts on your home page that other users who share preferences similar to yours have chosen to follow.
We are not responsible for any loss you claim to have suffered because of any action we take, in accordance with our Terms of Use, to suspend or remove Content.
We may suspend or delete Content and accounts according to our Terms of Use. If we do, we will try to Notify you.
Monitor your use of Mymillennia (including any content or message you post or broadcast on Mymillennia).
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.
We may review any suspected or alleged misuse, abuse, or unlawful use of Mymillennia and cooperate with law enforcement agencies in such reviews.
We may disclose any information or records in our possession or control about your use of Mymillennia to third parties in keeping with our Privacy Policy.
We may change which third-party payment providers process Fan Payments.
Other than Content which is owned by or licensed to Creators, we and/or our licensors own all rights in and to Mymillennia and its entire contents.
We are the sole owners of any and all anonymized data relating to your use of Mymillennia and we can use that data for any purpose permitted by law.
We may choose how we communicate with you, including by emails and messages posted to your Mymillennia account.
What we are not responsible for: We will use reasonable care and skill in providing Our service to you, but there are things we are not responsible for, including:
We do not control Content that Users post on the Platform. We do not choose, endorse, authorize, approve or guarantee the completeness, legitimacy, legality, accuracy, or reliability of any content Users post on Mymillennia. We comply with applicable laws requiring us to use proportionate measures to quickly remove illegal Content when we become aware it is on the platform. You may report Content you suspect may be illegal by following our Complaints Policy.
We do not grant you any rights in relation to Content.
Whether your Content is viewed by individuals that recognize your identity.
Any suggestions, comments, reviews, or requests that any User provides, accepts, or receives.
Any promise or guarantee that Creators will generate earnings from Mymillennia.
Whether Mymillennia is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access to the Platform.
The availability of the internet, or any issues in your hardware, or software, that may impact your use of or access to Mymillennia.
Any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
The circulation of Content recorded in breach of the Terms of Use.
Profile Images
You agree and understand that your account profile photo or image, (your “Profile Image”) must qualify as Non-Adult Content, such that it is safe and acceptable to a public audience, and does not include sexually explicit content, such as full or partial nudity, and/or simulated or any other sexual act (whether or not involving minors). All Profile Images will be scanned for the presence of minors. If you choose to use a photo for your Profile Image that is classified as Adult Content, Mymillennia may remove such photo. Repeat infringement may result in the termination of your User Account in accordance with these Terms. You agree that your Profile Image may not depict, show or feature, in whole or in part, any User or person other than yourself.
Chats between Creators and Fans
You acknowledge that any communications and interactions held on the Internet are never fully secure. There are risks associated with communicating and interacting with other users on an Internet-dependent platform, such as the Platform.
The Platform contains a messaging system, whereby Creators and Fans may interact. Fans cannot initiate exchanges with other Fans on the Platform.
Any interactions and communications between a Fan and a Creator will be held privately and will not be published on the Platform. The content of such exchanges will be personal between the corresponding users. You are solely responsible for all personalization made to your profile, any posts and messaging (including Direct Messages) and you acknowledge that we have no direct control over what your profile or Direct Messages or what any other Member’s profile or Direct Messages may contain. You must evaluate, and bear all risks associated with, your use of the Platform, including your Direct Messages. You will not send Direct Messages that could be deemed illegal, involves or shows minors, or is simply not allowed by us, including any Direct Messages in violation of our Acceptable Use Policy or these Terms. We decline all responsibility for exchanges, and messages exchanged between a Fan and a Creator held on the Platform.
In an ongoing effort to protect minors and prevent the Upload and/or Publication of illegal Content on the Platform, Mymillennia retains the right to regularly scan any and all Direct Messages sent via the Platform for the presence of minors and/or any indication of prostitution, selling of sex (whether or not involving minors) or other kinds of illegal subject matter. Any Direct Messages deemed to include minors and/or involve, promote or suggest prostitution, the selling of sex or other illegal subject matter, will be removed immediately and reported to the appropriate authorities and the User will be banned from using the Platform. If you engage in illicit or prohibited conduct, such as sending threatening or unsolicited messages or impersonating another user, you may be held responsible for such conduct, and will be responsible for any fees, claims, damages or losses incurred as a result of your conduct.
In addition to Direct Messaging features, we may make available certain premium features (a Follower Badge that may allow, for example, your Direct Message to be featured at the top of a Creator’s Direct Message inbox).
You agree that you will be liable to us and indemnify us for any losses or damages we suffer as a result of your violation of this Section 9.
Copyrights
We comply with all applicable intellectual property and copyright laws. We are committed to preventing intellectual property and copyright infringement on the Platform.
In compliance with the Digital Millennium Copyright Act (the “DMCA”), we encourage you to report any potential copyright infringement to our attention. If your intellectual property or trademark is unlawfully published on the Platform, please send us a written notice. The notice must be duly signed (manually or electronically), and must contain the following information:
a link to the content on the Platform which is subject to the claim of infringement;
a description of the intellectual property right subject to the notice, including photos;
your contact information;
your interest in the intellectual property. If you are not the owner of the intellectual property, you must be authorized to act on behalf of the owner of the intellectual property;
a confirmation that your notice was prepared in good faith; and
a confirmation that all information contained in the notice is true and complete to the best of your knowledge.
If your notice is founded, we will promptly remove the violating Content from the Platform.
Liability for Content and Content Removal
Any Content uploaded or shared by Creators may not (i) be violent in nature, (ii) infringe applicable laws and regulations, (iii) be unlawful, illegal, unethical or defamatory, (iv) advocate violence, murder, terrorism, theft or criminal activity, (v) include minors, incest or inappropriate sexual acts, or (vi) consist of plagiarized content or content constituting a third party’s work or intellectual property.
All subject is subject to moderation prior to publication on the Platform. Creators acknowledge and agree that their Content may be reviewed using a combination of automated tools and manual review by the Platform or third-party vendors to ensure compliance with our Acceptable Use Policy and applicable law. Notwithstanding such review, the Creator remains solely responsible for any Content they upload, share, send, or otherwise transmit via the Platform.
We are under no obligation to remove any Content from the Platform, except as required by law and the DMCA. Nonetheless, we may remove any Content that infringes these Terms of Use, or if we determine it would be preferable to do so due to the nature of the Content.
Considering Content is user-generated, we are unable to guarantee the quality, suitability and integrity of the Content. We are not liable for any errors, issues or losses caused by Content published on the Platform. Further, we do not guarantee that the Content will be appropriate, accurate and without error.
Third Party Sites
The Platform may include links to third party websites, networks, software, applications, systems, products and services (collectively, the “Third Party Sites”). You understand that we are not affiliated with the Third Party Sites. The links to the Third Party Sites are provided for convenience purposes only.
We do not endorse any of the Third Party Sites, unless explicitly stated otherwise. We have no control over (i) the availability of the Third Party Sites and (ii) the functionality of the Third Party Sites.
Any issues arising out of the Third Party Sites will be resolved between you and the relevant Third Party Site. We will not be a party to any litigation arising out of your use of the Third Party Sites.
TRADEMARKS, TRADE NAMES, AND LOGO
The trademarks, services marks, trade names, trade dress, and logos (“Marks”) contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of Mymillennia and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without prior written authorization from Mymillennia and/or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of Mymillennia and may not be copied, imitated, scraped or otherwise used, in whole or in part, without Mymillennia’s prior written authorization. Mymillennia will enforce its Intellectual Property Rights to the fullest extent of the law.
NOTICE OF COPYRIGHT INFRINGEMENT
We support the protection of the Intellectual Property Rights of copyright holders and thus we will respond to notices of alleged copyright infringement made in accordance with our [DMCA Notice & Takedown Policy (1), Content Removal Policy (2) and/or Content Reporting Policy (3).
Disclaimers
The Platform and the Content are provided “as is” and “as available”, without warranties or guarantees of any kind. We do not guarantee that the Platform will be available at all times without error, omissions or interruption. We will use reasonable efforts to correct technical issues, but we cannot guarantee that technical issues will be corrected in a timely manner or even corrected at all.
We cannot guarantee the Platform and its Content will meet your needs or expectations.
Considering the risks associated with online activity, we cannot guarantee that the Platform will be free of harmful components, such as viruses. In consideration thereof, you agree to use the Platform at your own risk.
Limitation of Liability
To the fullest extent permitted by law, our aggregate liability will not exceed: (i) the sum of one hundred dollars ($ 100.00 USD) or (ii) the sum paid for a subscription or services in twelve (12) months preceding the event giving rise to the liability, whichever is lower.
We will not be liable for any loss, damage or harm caused by the Platform or its Content. Further, we disclaim liability for: (i) any issue affecting the Platform’s servers, including unauthorized access; (ii) service interruptions; and (iii) a virus or other harmful component impairing the Platform or your device.
In no event will we be liable for: (i) the termination, restriction or any limitations to your account on the Platform; (ii) the suspension, restriction or lack of access to Content on the Platform; (iii) your inability to access your account on the Platform; and (iv) the unavailability of Content, errors affecting such Content or the quality of such Content.
To the fullest extent permitted by law, we decline liability for indirect, accessory, general, special, punitive, consequential and incidental damages arising out of or in connection with the Platform and its Content.
Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorney fees, resulting from:
(i) your violation of our Terms of Use or Community Guidelines;
(ii) any third party claim of infringement of copyright or other intellectual property rights arising from the Content you published and/or shared on the Platform; and
(iii) any activity related to your user account, be it by you or by any other person accessing your account.
Data Protection
Our Privacy Policy is expressly incorporated in these Terms of Use by reference. Any personal information provided on the Platform will be governed by the terms of the Privacy Policy. The Privacy Policy will specify how we collect, use, store and handle personal information and data obtained from the Platform.
Changes to the Platform
We reserve the right to make changes to the Platform, including, without limitation, updating Content, removing Content and editing, disabling, removing or otherwise changing the information published on the Platform. We may also terminate, suspend or discontinue access to the Platform, in full or in part, to certain territories.
We will not be liable for any changes or modifications made to the Platform, or for the suspension, discontinuance, or termination of the Platform.
Assignment
We may assign our rights and obligations hereunder to any person or company. You may not assign your rights and obligations hereunder, without our prior written consent. Any assignment in violation of the foregoing will be null.
Severability
Any section or provision of these Terms of Use which is, or becomes, illegal, invalid or unenforceable will be severed. The severed portion of these Terms of Use will be ineffective.
Entire Agreement
These Terms of Use, together with our Community Guidelines, constitute the entire agreement between you and us pertaining to the subject matter of these Terms of Use and supersede all prior agreements, whether oral or written.
Governing Law and Arbitration
These Terms of Use are governed by the laws of the State of California (excluding any conflict of laws rule or principle, foreign or domestic).
All disputes arising out of or relating to these Terms of Use will be submitted to binding arbitration in the State of California. The arbitration proceedings will take place in the State of California, and will be administered in accordance with the standards set forth by the American Arbitration Association. Unless otherwise specified, there will be one (1) arbitrator. The selected arbitrator will be a neutral practicing attorney or retired judge with experience arbitrating similar cases. The arbitration proceedings must kept be strictly confidential.
The arbitration award will be made in writing. The arbitrator’s award will be binding and final.
Nothing in this section shall be interpreted as preventing us from seeking or obtaining equitable relief in any court of law of competent jurisdiction.
Contact Us
The Platform is operated by Mymillennia L.L.C., a limited liability company whose head office is located at 3400 Cottage Way Suite G2, Sacramento, CA 95825.
We invite you to send questions, inquiries, feedback and comments regarding the Platform or these Terms of Use by overnight express mail, email (support@mymillennia.com) or via the Platform.