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Terms

Terms & Conditions

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All Privaposts users must be a minimum of 18 years of age. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

Contents:

  1. About
  2. How It Works
  3. Account Creation
  4. Subscriptions, Purchases and Payment of Revenue
  5. Being a Content Creator and a Subscriber / Follower
  6. Privaposts role
  7. Refunds
  8. Account Deactivation
  9. Intellectual Property Rights
  10. License
  11. Acceptable Use
  12. User Content
  13. DMCA
  14. Linking to the Website and Social Media Features
  15. Links from the Website
  16. Referral Program
  17. Disclaimer of Warranties; Limitations of Liability
  18. User indemnification
  19. Governing Law and Dispute Resolution
  20. Waiver and Severability
  21. Entire Agreement
  22. Contact
  23. U.S.C. Section 2257 Compliance Notice

Defined Terms

    • Users are individuals or businesses who register a username, password and email on Privaposts to use the website to earn money or to subscribe to others.
    • Creators are Users who post content such as photos, videos, and audio on their account for other paying Users called Subscribers who are able to view the Creators’ posts.
    • Subscribers are users who pay a monthly subscription to access creators profiles to view all content they post. Subscribers are also referred to as Followers
    • You refers to an individual or business User
    • Terms is defined as the Terms of Use noted in this document.
  • Content shall mean any and all media and files uploaded by Creators

1. About

1.1 Subscribing to Privapost allows Subscribers to access hidden content posted by Creators.  Subscriptions are paid on a monthly basis in US Dollar (USD) currency and allows users to view (and listen to) Creators content (photo, video and sound) and direct message with Creators.

Privaposts provides a carriage service and payment platform that enables Creators and subscribers to engage with each other. Creators retain full copyright ownership of all content they post. Subscribers pay to view only and have no rights to the Posted items..

Privaposts is not responsible for the quality, timing or legality of content.

Privaposts is operated by Privaposts, with registered Australian Business Number (ABN): 27270330496 located in Sydney, Australia.

1.2 These Terms, together with Privaposts Privacy Policy, and any other policies referred to on Privaposts  govern the use of Privaposts, including any content, functionality, and services offered on or through the Website.

By registering as a User with Privaposts, You hereby accept and agree to be bound by and abide by these Terms. You acknowledge that you have read and understood these Terms. If you do not want to agree to these Terms, you must not access, or use Privaposts.

1.3 Users must be 18 years of age or older to access and use Privaposts.

By using Privaposts, you represent and warrant that you are legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Privaposts. 

Please note we may ask for official government issued identification from you to verify your account further if we suspect fraud, wrongdoing or that you are not 18 years or older.

1.4 Privaposts reserves the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately and apply to all subsequent access to and use of Privaposts.

By continuing to use Privaposts after any changes to the Terms, you agree to these Terms as modified. You are expected to check these Terms from time to time so that you are aware of any changes, as they are binding on you.

1.5 By using Privaposts you consent to receiving communications from us electronically, including emails and messages posted to your Privaposts account,

You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw our consent to receiving communications from us at any time, please email support@Privaposts.com, notifying us of your withdrawal of consent.

1.6 We do not own User Content on Privaposts and views expressed by Users on Privaposts do not represent the views of Privaposts. All User Content transactions and interactions on Privaposts are between Users and at no point does Privaposts become a party to any transaction or interaction between Users.

1.7 We reserve the right at any time and without notice to:

    • 1.7.1 modify, suspend or terminate Privaposts or any portion thereof;
    • 1.7.2 restrict, limit, suspend or terminate your access to Privaposts or any portion thereof;
    • 1.7.3 delete any content you post on Privaposts if in our reasonable opinion it does not comply with these Terms and/or applicable law;
    • 1.7.4 monitor your use of Privaposts (including any content or message you post or broadcast on Privaposts) to verify compliance with these Terms and/or any applicable law;
    • 1.7.5 investigate any suspected or alleged misuse or unlawful use of Privaposts and cooperate with law enforcement in such investigation;
    • 1.7.6 disclose information about your use of Privaposts in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or
  • 1.7.7 change the payment or payout processor that enables you to make or receive payments as a User.

1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.

2. How It Works

2.1 Privaposts is a social media platform that lets you create a User profile, which in turn allows you to:

    • 2.1.1 Become a Creator to upload and post photos and videos for access by your Followers; and/or
  • 2.1.2 Subscribe to another Creator to view their otherwise restricted photos and videos.

3. Account Registration

3.1 To register and create an account on Privaposts, you must provide a valid email address, a username, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

3.2 You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy at https://Privaposts.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.3 If you are looking to subscribe to Creators you will need to add a payment card or valid PayPal account ID. When adding a payment card, your card information is relayed via a secure SSL encryption to the card or Paypal merchant.  Privaposts does not store credit card information on its platform.

However, as far as legally possible, Privaposts reserves the right to change the payment processors it uses at any time and without notice to you.

3.4 If you are looking to earn money from other Users subscribing to your profile, you will need to add a bank account and upload a valid form of ID or a valid Paypal account ID.  Your earnings will be paid into your bank account, either via one of our payout processors (Stripe, or Paypal)

3.5 By registering on Privaposts, you confirm that:

    • 3.5.1 all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
    • 3.5.2 if you previously had an account with Privaposts, your old account was not terminated or suspended by Privaposts for violation of these Terms;
    • 3.5.3 you register on Privaposts for your own personal or business use and you will not sell, rent or transfer your account to any third party; and
  • 3.5.4 Privaposts reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend your account if it is unable to do so to its reasonable satisfaction.

3.6 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at support@Privaposts.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

3.7 We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. Being a Content Creator and Payment of Revenue

Signing up and creating an account is free.

Creators launch a page that allows their Followers to support them via a monthly subscription fee that the Creators set at their discretion. This allows Followers who pay this fee access to the Creators exclusive content.

Privaposts acts as an agent for Creators to collect and process payments on the Creators behalf, and the standard fee to manage to provide all the platform services is 10% of the Subscribers revenue collected, subject to you complying with these Terms.

You are responsible for any taxes you owe based on the payments you receive.

For Australian Creators, you are responsible for payment of GST to the Australian Tax Office on revenue from Australian Subscribers only if you indicate that you are registered for GST. You nominate if you are registered for GST on the ‘Payout Preference’ or the ‘Become Creator’ page. Privaposts shall include the GST payable in your monthly statements.  For Australian Creators who are not registered for GST, subscribers will not be charged a GST amount, and your revenue will not include any GST.

For all Australian and non Australian Creators, payments received from non Australian subscribers are GST free and will also be noted on your monthly statement.

Privaposts does not provide tax advice and we suggest you seek tax advice on your GST tax obligations.

If a Creator uploads content, then subject to that Creator complying with these Terms, that Creator is entitled to 80% of all revenue paid by the Creators Subscribers, less payment processing fees. This includes, tips & donations, pay per view messages, monthly subscription revenue, and referral revenue.

To become a Creator, simply by set a monthly subscription price,which is entered in the User’s “Become Creator” page, which is the landing page after signing up for the first time from the home page. The “Become Creator” page can also be accessed via a dropdown menu on the User’s profile page. You can also set your subscription price in your account settings. As soon as you set your subscription price, your account will convert to a Creator account from which you can instantly start posting and earning money from subscribers.

A dashboard will appear on your profile with a summary of your earnings (My Funds), monthly income (My income) and price. You do not need to attach a bank account to start posting. All revenue you earn before you attach a bank account will be safely and securely stored in a holding account.

Your Subscribers are charged per month from the date they first subscribe  to your Profile.

Additional revenue can be earned from tips and pay per view content. Payments to Creators are processed at the start of each month.  

In connection with your charges to Subscribers, as a Creator, you appoint us as your limited agent for the sole purpose of receiving, holding, and settling payments to you.

As an agent, our receipt of funds from a Subscriber on your behalf is the same as receipt of funds by you directly, and you will only have recourse against us, and not against any Subscriber, for any failure by us to settle funds to you.

Privaposts try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold part or all payments for violations of the terms or compliance reasons, including collecting tax reporting information.

When payments are delayed or blocked Privaposts try to communicate the reasons to you promptly. In order to protect Creators, Privaposts may block Subscribers’ payments if they are believed to be fraudulent or in breach with these Terms.

Privaposts fee to manage and maintain the platform services and payment gateways and server hosting costs for Creators is 20% of the processed revenue from your Subscribers.

Payments made to Creators will incur banking and merchant processing fees.  All payments are made in USD currency. Please also note if your country or bank account does not use USD, then your bank will likely automatically charge a currency conversion fee for changing currency to your local currency. We do not have any control over these fees.

We restrict some types of content. You cannot:

    • Create any content or rewards with real people engaging in or depicting pornographic or violent acts.
    • Use raffles, or any prizes based on chance, as a reward.
  • Create content or rewards using others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.

Refer to Section 11. Acceptable Use for the full list of restrictions on content.

We are not party to the agreement between Creators and subscribers. If a subscriber requests a refund from us, we only grant it in exceptional situations. We deduct the refunded amount from future payments to you. 

If we receive a refund request we hold that amount/s until resolved.

Chargebacks from Subscribers

If we receive chargebacks against your account we hold that amount from your future payout. We do everything we can to win chargebacks for you and the banks can take up to 60-75 days to analyze the evidence we submit on your behalf to make a decision on the chargeback. If we are not successful in winning the chargeback, the subscription amount will be deducted from your funds as well as an additional $25 bank fee for the chargeback. This fee is out of our control it is issued by the banks. Be very honest with your content and posts to minimised chargebacks as the main cause of chargebacks is disappointed subscribers who’s expectations are not met.

Technical / Technology risks

By using Privaposts, you agree and understand that the platform may experience technical risks & issues, which you may not seek compensation for or pursue legal action in relation to these technical risks & Issues. These technical risks & issues which may compromise your profile content in ways such as:

  • Exposing your content to all users even if they are not subscribed to you
  • Your profiles becoming public

Please note we will act as fast as we can to fix any such issues

5. Being a Subscriber / Follower and purchases

Subscribers pay money on a monthly subscription basis to creators via Privaposts platform to view for creating content including credit card fees determined by the provider. You will be charged per month on the same date of each month you made your first subscription payment. For access to additional pay per view content, you will be charged at the time of confirming payment and access to that content. Privaposts is not responsible for the quality, timing or legality of content or rewards.

To access another User’s content on Privaposts, you must have a valid payment card or a Paypal account, then all you have to do is click the “Follow” button on that User’s profile. We currently only accept Visa and Mastercard (We are working on PayPal). All purchases are final and non-refundable. However, you may cancel your subscription at any time by clicking “Unfollow” on the “Following” page, which will allow you to access the User’s profile until the end of the existing billing period, where you will lose access to the content and not be re-billed.

Payment processing fees are applied to subscriber payments including subscription payments, tips and Pay Per View messages. 

We may grant refunds at our sole discretion in exceptional circumstances. Please contact our help desk to submit a refund request https://privaposts.zendesk.com/hc/en-us/requests/new.

Refunds are not issued for simply forgetting to unsubscribe or failing to do so in time before your next renewal. Please contact our help desk if you believe you have a good reason and we will review on a case-by-case basis.

In certain situations you may lose access to a content creator’s content, including pay per view content and rewards. These include when you cancel your subscription, your payment method fails, the creator blocks you, mutes you, or the creator deletes or deactivates their account.

We have no control over the quality, timing or legality of content. We do not grant refunds for a creator failing to deliver content they say they would or have implied to deliver. We do not grant refunds if a creator decides to stop posting content or decides to delete their account, even if you have an active subscription. Creators may stop posting content at anytime, and we do not grant refunds for this, you subscribe at your own risk i.e. you may subscribe to a creator and the next day the creator decides to delete all their content. We do attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can improve Privaposts.

File formats accepted: Most video and photo file formats can be uploaded on Privaposts such as Mov, mp4, jpg, PNG. Currently, there are some compatibility issues with videos uploaded from iPhone 8’s and iPhone 8 pluses, where the video playback may only play audio and no video.

As a subscriber, we recommend trying to view the video on other devices and other browsers e.g. Chrome and Safari.

As a creator, we recommend trying other file formats or another camera / phone if there are any complaints from subscribers.

As technology develops such as phones and cameras, some file formats may have compatibility issues. We will work as quickly as possible to resolve this and make the new file formats compatible with Privaposts. If you have issues with a certain file format or device or camera, please try alternative devices or file formats

6. Privaposts Role

While Privaposts’ supports content creation, we do not legally endorse any content on our site. If content is reported we may remove it, but we do not take that action lightly.

We only provide a platform for creators and their followers to interact. We do not screen or endorse any content on Privaposts. If you see content that violates these terms, then let us know and we may remove it.

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community.

We are constantly testing out new features with the goal of making Privaposts better. We may add or remove features, and often test features with a random subset of our users. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Privaposts account or perform actions on your behalf. This permission is asked for when you connect your Privaposts account to these other websites or services such as Twitter or Facebook API’s. Information can include the existence of your account, posts, payment amounts and length of support. Actions can include creating, editing or deleting content and any other interaction with creators such as posting messages or liking posts.

7. Refunds

7.1 All purchases made on Privaposts.com are final and non-refundable.

We may grant refunds at our sole discretion in exceptional circumstances only. Please contact our help desk to submit a refund request https://privaposts.zendesk.com/hc/en-us/requests/new.

Refunds are not issued for simply forgetting to unsubscribe or failing to do so in time before your next renewal. Please contact our help desk if you believe you have a good reason and we will review on a case-by-case basis https://privaposts.zendesk.com/hc/en-us/requests/new.

You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription. Any one-off payments such as tips, pay per view posts, pay per view messages are also non-refundable as it is up the subscriber to decide on whether they would like to unlock the pay per view content.

7.2 By subscribing to another user / creator on Privaposts, you agree that you are unable to receive a refund or apply for a chargeback if you are dissatisfied with the content posted

7.3 By subscribing to another user / creator on Privaposts, you agree that you are unable to receive a refund or apply for a chargeback if the creator deletes all of their content or deletes their profile after you’ve subscribed. This also applies if you subscribe to a creator who has not posted any content, we will not provide refunds as we do not guarantee any content and creators can use their privaposts accounts for other uses than posting content such as (but not limited to) receiving tips / donations to raise money for a project or cause, and for private messaging.

7.4 By subscribing to another user / creator on Privaposts, you agree that you are unable to receive a refund or apply for a chargeback if the content is not viewable, for example videos uploaded by a creator are not viewable as the creator can use other file formats and the platform serves many other purposes other than posting and viewing content such as receiving tups and donations, requesting custom content, and private messaging. using the Privaposts platform (website or app etc) you agree that

7.5 However, any purchase made on Privaposts and subsequently subject to a chargeback will result in the User’s account being immediately and permanently excluded from Privaposts.

7.6 Any chargebacks made by your subscribers will be deducted from your next payment.

7.7 Contact us if you believe your card was stolen or fraud occurred.

7.8 No refunds will be provided to subscribers if the creator they are subscribed to deletes their account or has their account removed for breaching our terms. The risk to choose to subscribe to a creator is on the subscriber.

8. Account Deactivation

Subscriber-only account

Profiles do not need to be deleted. Just cancel all your subscriptions from your “Following” page at www.privaposts.com/following and you won’t be charged anymore. You can also remove your profile and cover photos as well as all bio information.

Content creator account

Currently, profiles do not need to be deleted. Please just notify all your subscribers you will no longer be posting content. You can then either leave all your posts up so people can continue to subscribe and view the content you’ve posted, or you can delete all your content and the onus will then be on the subscribers to unsubscribe.

Please also take the following steps:

    • Remove your profile and cover photos back to the stock photos
    • Make a post to inform your subscribers
  • Send a direct message to all subscribers by selecting the “All Subscribers” checkbox in a new message.

9. Intellectual Property Rights

9.1 Creators Content – Creators keep complete ownership of all content, but give permission to Privaposts to host the content on our servers, which are hosted in America, so that subscribers can view the content.

You may not post content that infringes on others’ intellectual property or proprietary rights. Subscribers may not download, save or use content posted by Creators in any way.

9.2 Privaposts Content – Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Privaposts page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please ask if you have any questions

9.3  Other than user content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Privaposts, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.4 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

    • 9.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
    • 9.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
  • 9.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

10. License

10.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to Users a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use Privaposts for lawful use.

Users acknowledge and agree that the foregoing license may be revoked and terminated by Privaposts at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Privaposts other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by Privaposts.

10.2 We do not warrant that Privaposts is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Privaposts is compatible with your device. From time to time we may make updates to Privaposts and will make such updates available through the website and/or applicable app store (Apple iTunes for iOS devices, or Google Play for Android devices).

11. Acceptable Use

11.1 We require that all users respect and comply with these Terms below, at all times, when using Privaposts or face immediate termination of your account and permanent banning.

11.2 You may not:

    • 11.2.1 use Privaposts other than for your own lawful and personal use in accordance with these Terms;
    • 11.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
    • 11.2.3 falsify account registration information, or make unauthorized use of another’s information or content;
    • 11.2.4 use Privaposts in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
    • 11.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of Privaposts without our express written permission;
    • 11.2.6 use Privaposts for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    • 11.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
    • 11.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or the Users of the Website or expose them to liability;
    • 11.2.9 bully, abuse or intimidate other users or creators in any way such as providing you with specific content. Creators can post whatever content they want. If we find users swearing at or threatening or abusing other users, then Privaposts reserves the right to remove the user from Privaposts and provide a lifetime ban. Any subscriptions paid for will not be refunded as this is a breach of our terms that you have legally agreed to by creating an account.
  • 11.2.9 create, upload, post, display, publish or distribute user content that:

(a) is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;

(b) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);

(c) promotes or advertises escort or prostitution services;

(d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;

(e) promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

(f) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;

(g) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;

(h) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;

    • 11.2.10 remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own;
    • 11.2.11 use Privaposts in any manner that could disable, overburden, damage, or impair the service;
    • 11.2.12 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Privaposts;
    • 11.2.13 interfere in any way with the operation of Privaposts or any server, network or system associated with Privaposts, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the app or any server, network or system associated with the app; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user’s account that you are not expressly authorized to access;
    • 11.2.14 use Privaposts for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other competitive purposes;
    • 11.2.15 use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Privaposts or any server, network or system associated with Privaposts, or to extract, collect, harvest or gather content or information from Privaposts; or
  • 11.2.16 make any other use of Privaposts that violates these Terms or any applicable law.

11.3 Any content posted that is reported by another User or Privaposts, and that is deemed unacceptable by Privaposts, will be deleted and the User notified. Users who repeatedly violate our Acceptable Use policy may be deactivated permanently. If we become aware that a Privaposts User is underage, we will promptly deactivate that user’s account and delete all information and content of that user from Privaposts. Privaposts will make best efforts to recover monies from the deleted Creator to return to  Subscribers, less transaction costs, but makes no guarantees that this will be achieved.. If you are a parent or legal guardian and become aware that your minor-child has registered on Privaposts, please immediately notify us at support@Privaposts.com.

11.4 By registering an account with Privaposts, you represent and warrant that:

    • 10.4.1 you are at least 18 years of age;
    • 10.4.2 you will fully comply with these Terms;
    • 10.4.3 you accept full responsibility for the use of Privaposts on any device, whether or not it is owned by you;
    • 10.4.4 you accept full responsibility for any User Content created or provided by you; and
  • 10.4.5 your use of Privaposts will not violate these Terms or any applicable law.

11.5 Users using Privaposts on behalf of a business or other entity, warrant that they are authorised to grant all the licences stipulated in these Terms and that they are authorised to bind the business or other entity to these Terms.

11.6 Payment Provider Requirements

Without payment providers such as PayPal and Stripe, there can be no Privaposts.

Privaposts facilitates payments using PayPal and Stripe. As a result, Privaposts must adhere to the guidelines and terms of use imposed by PayPal and Stripe, and will take action to remove content and restrict Privaposts members from using the platform should they violate these terms. For the avoidance of doubt, Privaposts Creators must not use Privaposts in any way which conflicts with PayPal’s acceptable use policy or content which conflicts with Stripe’s prohibited businesses terms.

11.7 Strictly Prohibited Adult Content

Privaposts cannot be used as the venue for sexually explicit or pornographic content. While we allow nudity and for creators to push the boundaries of art, we also have guidelines against funding pornography on Privaposts. We define pornographic material as real people engaging in sexual acts such as masturbation or sexual intercourse on camera. This includes, but is not limited to:

  • Pornography, depictions of rape, incest, beastiality and any other adult or obscene content including implied, suggested or censored in any form such as:
    • literature
    • imagery (including illustrative)
    • videos
    • links to or from external sites or content containing such material
  • Sexual services such as prostitution, escorts, pay-per view, or adult live chat features

Profile photos and cover photos are not allowed to display nudity or adult content.

The subjects in all photos or videos must be 18 or older at the time of taking the photo or video.

12. User Content

12.1 By creating and publishing user content on Privaposts, Creators authorize their Subscribers to access and view (without downloading or copying) their user content on Privaposts for their own lawful and personal use. Creators also represent, warrant and undertake that:

    • 12.1.1 Creators own, have a valid licence to, or otherwise control all rights in and to their User content;
    • 12.1.2 to the extent Creators content includes or utilises any third-party property, Creators have secured all rights, licenses, consents and releases that are necessary for the use of such third-party property in their User content; and
  • 12.1.3 User content is non-confidential and will be made available to Subscribers on Privaposts.com.

12.2 Creators grant Privaposts and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute for the purposes of promotion and not sale.

12.3 Users understand and acknowledge that they are responsible for any user content they submit or contribute, and Users have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

12.4 Users shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your user content.

12.5 We are not responsible or liable to any third party for the content or accuracy of any user content posted by you or any other user of the Website.

12.6 Upon signing up to Privaposts.com, Users also agree to act as custodian of records for the content that they upload to Privaposts.com.

12.7 While we do everything we can to protect creators content from being saved and downloaded we cannot guarantee that subscribers won’t find a way to steal your content via screen recording methods or if Privaposts has any technical issues.

12.8 Any questions regarding user content can be addressed by emailing support@Privaposts.com.

13. DMCA

13.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including deleting content, removing or disabling access to the allegedly infringing user content and, if deemed appropriate by Privaposts, terminating the account of the User who published the content.

13.2 To notify us of claimed copyright infringement, please get in touch with Privaposts Support by clicking ‘submit a request’ button in the upper-right hand side of every page on our Help & FAQ site

13.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:

    • 13.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • 13.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • 13.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • 13.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    • 13.3.5 a statement that the complaining party has 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
  • 13.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification in writing with our Designated Agent listed above.

13.5 A DMCA counter-notification must include all of the following:

    • 13.5.1 your physical or electronic signature;
    • 13.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • 13.5.3 a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

13.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 30 business days following our receipt of your counter-notification, unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.

13.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

14. Linking to the Website and Social Media Features

14.1 Users may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

14.2 The Website may provide certain social media features that enable you to:

    • 14.2.1 link from your own or certain third-party websites to certain content on the Website;
    • 14.2.2 send emails or other communications with certain content, or links to certain content, on the Website;  
  • 14.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

14.3 Users may use these Privaposts features solely as they are provided by us, solely with respect to the content they are displayed with. However, you must not:

    • 14.3.1 establish a link from any website that is not owned by you;
    • 14.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
    • 14.3.3 link to any part of the Website other than the homepage; or
  • 14.3.4 otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

14.4 Users agree to cooperate with us in causing any unauthorised framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

14.5 We may disable all or any social media features and any links at any time without notice in our discretion.

15. Links from the Website

15.1 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  

16. Referral Program

16.1 Every user with a Privaposts account has a unique referral URL that allows Ysers to earn income from any other user who signs up via their referral link. In order to ensure the referral is successful, the new user must register with Privaposts using the same browser that they used to click the referral link. More information on how the Referral Programme works can be found at: https://privaposts.com/referrals/

16.2 Privaposts pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed within the first week of each month. This referral income is deducted from Privaposts and not from the income of the referred User. Referral income only includes the income the referred user earns from their followers i.e. Subscription income, tips, and Pay Per View Message revenue. It does not include the User’s own referral income.

16.3 For a User to be successfully added to another User’s referral program, that user must sign up to Privaposts via a unique referral URL. In no event will Privaposts be liable to add a user to a referral account if that user has not signed up via the correct referral link. It is not possible to manually add a referral ID into the code, it must be done in the sign up process.

16.4 Please note, Privaposts reserves the right to change the referral rate at any time at their discretion. Privaposts can change the referral rate of existing referrals and also of future referrals. Privaposts also reserves the right to cancel any of your referrals at our discretion and without warning. All cases will be carefully examined before such action is taken.

17. Disclaimer of Warranties; Limitations of Liability

If a User loses money as a result of using Privaposts, any payment to the User is limited to how much they have paid us, and we don’t have to pay users if the loss is unexpected.

To the extent permitted by law, we are not liable to Users for any incidental, consequential or punitive damages arising out of these terms, or a User’s use or attempted use of Privaposts. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through a User’s use of Privaposts. We are specifically not liable for loss associated with failure to deliver rewards and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our affiliates, officers, directors, employees, agents and third party service providers.

By using Privaposts, Users acknowledge and agree as follows:

  • 17.1.1 Privaposts and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Privaposts and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness or reliability of Privaposts, or the results of a User’s use of Privaposts. We disclaim all liability and responsibility arising from any reliance placed on such materials by Users or any other visitor to the Website, or by anyone who may be informed of any of its contents. We also do not warrant or guarantee that Privaposts and all of its services and features will be available at any particular time or location; that Privaposts and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Privaposts and all of its services and features will be free of viruses and other harmful components. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect a User’s computer equipment, computer programs, data, or other proprietary material due to the User’s use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. A User’s use of Privaposts and its services and features will be solely and entirely at the User’s own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
  • 17.1.2 Privaposts does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since Privaposts may need to carry our maintenance of the Website from time to time and external technologies may be changed by their respective companies such as browsers, camera’s, phones etc, and may not be compatible with the current version of Privaposts. However, Privaposts will use its reasonable endeavours to carry out any such maintenance of the Website outside of business hours (including between 09:00 and 17:00 (Australian Eastern Standard Time) and will endeavour to give reasonable notice where possible, however this may not always be possible;
  • 17.1.3 in no event shall Privaposts be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to a User’s use of (or your inability to use) Privaposts or any of its services or features, nor shall Privaposts be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at support@Privaposts.com as we are happy to help prevent continuance of such distribution where we are reasonably able to do so; and
  • 17.1.4 in no event shall our total and aggregate liability to a User and/or others for any and all claims arising out of or related to a User’s use of (or a User’s inability to use) Privaposts or any of its services or features, exceed one hundred Australian Dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.

17.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to all Users. In such case, our total and aggregate liability to a User arising out of or related to a User’s use of (or a User’s inability to use) Privaposts or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred Australian Dollars ($100.00).

18. User indemnification

18.1 By using Privaposts, all Users agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:

    • 18.1.1 a User’s use of Privaposts or any of its services or features;
    • 18.1.2 any User Content created, published, or otherwise made available on Privaposts by you;
    • 18.1.3 any transaction or interaction between you and any other User of Privaposts; and/or
  • 18.1.4 a User’s violation of these terms or any applicable law.

Users will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to a User’s use of Privaposts. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then the User will help us in our defense.

A User’s obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

19. Governing Law and Dispute Resolution

19.1 All Users and Privaposts agree that these Terms shall be governed by and construed in accordance with the laws of Australia (without regard to the conflict of laws provisions thereof) and that any dispute between a User and Privaposts concerning Privaposts or arising out of or related to these Terms shall be resolved exclusively in the courts of Australia.

19.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Privaposts or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

20. Waiver and Severability

20.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

21. Entire Agreement

21.1 The Terms constitute the sole and entire agreement between all Users and Privaposts regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.  If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

22. Contact

If you have any questions, comments, complaints or concerns about Privaposts, please see our FAQ’s at http://www.privaposts.com/faqs

23. U.S.C. Section 2257 Compliance Notice

All persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained within Privaposts.com were over the age of eighteen (18) years at the time the visual image was created.

Exemption Statement — Content Produced by Third Parties:

The owners and operators of Privaposts.com are not the “producers,” as such term is defined in 18 U.S.C. 2257 or subsequent case law, of any of the visual content contained in this website. All Third Parties that upload content on to this website must adhere to, and comply with USC 2257. Pursuant to Title 18 U.S.C. §2257(h)(2)(B)(v) and 47 U.S.C. §230(c), the operators of this website reserve the right to delete content posted by Third Parties which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.

Questions or comments regarding this Exemption Statement should be addressed to: support@privaposts.com

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