Terms of Service

Working draft — under final legal review and not legal advice. Questions? support@ughosting.net.

DRAFT FOR ATTORNEY REVIEW — NOT LEGAL ADVICE. This is a starting template generated to speed up a licensed adult-industry attorney's review. Do not publish or rely on it until an attorney has reviewed and finalized it. Bracketed [PLACEHOLDERS] must be completed.

Underground TV — Terms of Service

Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED DATE]

These Terms of Service ("Terms") are a binding agreement between you and Ghetto Media Group LLC, a New Mexico limited liability company ("Underground TV," "Company," "we," "us," or "our"), which operates the website located at https://ugtv.tv and any related subdomains, applications, and services (collectively, the "Platform").

Underground TV is an adult, multi-creator content subscription marketplace. The Platform hosts sexually explicit and other adult-oriented photographs and videos uploaded by independent third-party content creators ("Creators"). The Platform contains material that is sexually explicit and intended only for consenting adults.

PLEASE READ THESE TERMS CAREFULLY. By clicking "I Agree," passing the age gate, creating an account, subscribing, purchasing content, uploading content, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our [Privacy Policy] and all other policies referenced herein. If you do not agree, do not access or use the Platform.

NOTE TO REVIEWING ATTORNEY: This document governs the relationship with all users (both fans/subscribers and Creators). Company should decide whether Creator-specific obligations (payouts, tax/1099-K reporting, revenue share, exclusivity, ID/age-verification onboarding, indemnity) belong here or in a separate Creator Agreement. Cross-references to a Creator Agreement are marked with [CREATOR AGREEMENT] where a separate document is assumed. Card-network content and consent requirements (Visa and Mastercard adult/specialty-merchant programs) and CCBill's merchant rules are reflected throughout and must be re-confirmed against the operator's current CCBill merchant agreement and the then-current network rules before publication. In particular, confirm current Mastercard requirements for documented age/identity verification of every depicted and uploading person, documented consent for each piece of content, review of content prior to publication, a complaint process resolved within seven (7) business days, and an appeals process.

1. Definitions

  • "Content" means any photograph, video, image, audio, text, message, livestream, or other material uploaded, posted, transmitted, or otherwise made available on or through the Platform.
  • "Creator" means a user who has been approved to upload Content and offer paid subscriptions and/or purchasable Content on the Platform.
  • "Subscriber" or "Fan" means a user who accesses, subscribes to, or purchases Content.
  • "Creator Content" means Content uploaded by a Creator.
  • "Performer" means any individual who appears in, is depicted in, or whose voice or likeness is included in any Content.
  • "All-Access Pass" means a subscription product that grants access to participating Creators' Content as described at the point of sale.
  • "CCBill" means the third-party payment processor that processes payments on the Platform.

2. Eligibility; Age Requirement (18+)

2.1 You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to access or use any part of the Platform. The Platform is strictly intended for adults.

2.2 Age gate and age verification. Access to the Platform is protected by an age gate. You may also be required to complete third-party age and/or identity verification through our verification provider, VerifyMy (or another provider we designate), before you can access certain features, purchase Content, or (for Creators) upload Content. By using the Platform, you consent to such verification and to the processing of the information you submit as described in our [Privacy Policy]. We may deny access, suspend, or terminate any account that fails, refuses, or falsifies verification. Where you access the Platform from a U.S. state or other jurisdiction that mandates a specific form of age verification for adult content, additional or different verification may be required, and access may be blocked where we cannot lawfully offer the Platform.

2.3 Your representations. By using the Platform, you represent and warrant that: (a) you are at least 18 years of age and of the age of majority where you reside; (b) you have the legal capacity to enter into these Terms; (c) you are not barred from receiving adult content under any applicable law; (d) you are voluntarily seeking sexually explicit material for your own private enjoyment; (e) adult content is legal in the jurisdiction from which you access the Platform; and (f) you will not permit any minor to access the Platform or any Content.

2.4 No use where prohibited; sanctions. You are responsible for compliance with the laws of the jurisdiction from which you access the Platform. Access is prohibited where adult content or these services are illegal. You represent that you are not located in, and are not a national or resident of, any country or region subject to comprehensive U.S. economic sanctions, and that you are not listed on any U.S. government restricted-party or sanctions list (including the U.S. Treasury Office of Foreign Assets Control (OFAC) lists). We make no representation that the Platform or Content is appropriate or available for use in any particular location, and we may restrict access by geography.

3. Accounts and Account Security

3.1 Registration. You must provide accurate, current, and complete information when creating an account and keep it updated. You may not create an account using false information, another person's identity, or on behalf of anyone other than yourself without authorization.

3.2 One account; no transfer. You may not maintain multiple accounts to evade suspension or verification, and you may not sell, transfer, or share your account or login credentials.

3.3 Security. You are responsible for safeguarding your password and for all activity under your account. Notify us immediately at [SUPPORT EMAIL] of any unauthorized use. We are not liable for losses arising from unauthorized use of your account except to the extent such loss cannot be limited under applicable law.

3.4 Creator onboarding. To become a Creator, you must complete additional onboarding, including verification of your own identity and age (18+) through government-issued photo identification, age/identity verification of every Performer as described in Section 4, and (where required) tax documentation, and you must agree to any additional Creator terms [CREATOR AGREEMENT]. We may approve or decline Creator applications in our discretion.

4. Creator Content — Warranties, Consent, and Recordkeeping

This Section 4 applies to every Creator and to anyone who uploads, submits, or publishes Content. Creators are solely responsible for the Content they upload and for compliance with all applicable laws.

4.1 Ownership and rights. Each Creator represents and warrants that, for all Content the Creator uploads, the Creator either owns the Content outright or has obtained all rights, licenses, consents, releases, and permissions necessary to upload, publish, distribute, display, and monetize that Content on the Platform and to grant the licenses in these Terms. Content must not infringe or violate any third party's intellectual property, privacy, publicity, or other rights.

4.2 Every performer is an adult; verification. Each Creator represents and warrants that every Performer appearing in or depicted in the Content was at least 18 years old at the time the Content was created, and that the Creator has verified each Performer's age and identity through government-issued photo identification and retains a copy of that identification. The Creator further represents that every individual who uploads or submits Content is an adult whose identity and age have been verified.

4.3 Consent. Each Creator represents and warrants that every Performer knowingly and voluntarily consented, in a signed writing, to (a) the creation of the Content, (b) its upload and publication on the Platform, and (c) its distribution and monetization consistent with these Terms. No Content may depict any person who has not given such consent. Documented consent must exist for each piece of Content. Consent may be revoked by a Performer as required by applicable law, and Creators must promptly remove or cause removal of Content upon a valid revocation.

4.4 Federal recordkeeping (18 U.S.C. §§ 2257 / 2257A). Each Creator represents and warrants that, for all Content depicting actual or simulated sexually explicit conduct, the Creator has created and maintains the age-verification and records required by 18 U.S.C. § 2257 and § 2257A and 28 C.F.R. Part 75, including a copy of each Performer's government-issued photo identification and all required consents and releases, and that such records are available to the designated Custodian of Records and to the Company upon request. Creators must cooperate with the Company's recordkeeping, labeling, and compliance requirements.

4.5 Custodian of Records / 2257 statement. Records required by 18 U.S.C. § 2257 with respect to Content on the Platform are maintained by the Custodian of Records:

Custodian of Records: [CUSTODIAN NAME]
[CUSTODIAN MAILING ADDRESS]

(Attorney note: confirm the correct primary/secondary producer allocation between the Company and individual Creators, the exact 2257 compliance statement wording and placement, and whether the Company or each Creator serves as Custodian for particular Content.)

4.6 Documentation on demand. Creators must, upon our request, promptly provide copies of Performer identification, age verification, signed consents, and 2257 records for any Content. Failure to do so may result in immediate removal of Content and suspension or termination.

4.7 License to the Company. For each piece of Content a Creator uploads, the Creator grants the Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, reproduce, reformat, transcode, distribute, publicly display, publicly perform, and transmit the Content (including via content delivery networks and to Subscribers) solely for the purposes of operating, promoting, and providing the Platform, and to remove or disable Content as permitted by these Terms. This license ends when the Content is removed from the Platform, except (a) to the extent the Content was shared with or downloaded by others before removal, (b) for reasonable backup/log retention, and (c) as required to comply with law, preserve evidence, or resolve disputes.

4.8 Creator indemnity. Each Creator agrees to indemnify, defend, and hold harmless the Company as set out in Section 15, including for any breach of this Section 4.

5. Prohibited Content and Conduct

The following are strictly prohibited on the Platform. Violations may result in immediate content removal, account termination, forfeiture of amounts owed to the extent permitted by law, and referral to law enforcement.

5.1 Absolutely prohibited content (zero tolerance). You may not create, upload, request, solicit, distribute, or possess on the Platform any of the following:

  • Child sexual abuse material (CSAM) or any content that depicts, appears to depict, or sexualizes a minor (anyone under 18), including real, animated, AI-generated, "age-play," or otherwise simulated depictions of minors;
  • Content depicting any Performer under the age of 18;
  • Non-consensual content, including content created, recorded, or shared without the depicted person's knowledge and consent; "revenge porn" or non-consensual intimate imagery; hidden-camera, "upskirt," or voyeuristic content; and content depicting non-consensual sexual activity or lack of capacity to consent;
  • Content depicting rape or sexual assault (actual or, where prohibited by applicable law or card-network rules, simulated in a manner presented as non-consensual);
  • Bestiality or sexual content involving animals;
  • Content depicting incest or presented as incest;
  • Content depicting necrophilia;
  • Content depicting or promoting sex trafficking, sexual exploitation, or prostitution/escort solicitation in violation of law;
  • Human trafficking or coercion of any kind.

5.2 Other prohibited content and conduct. You also may not upload, post, or transmit content that:

  • depicts non-consensual real violence, extreme gore, mutilation, self-harm, or torture, or content promoting suicide or self-harm;
  • depicts illegal drug manufacture, sale, or use in a promotional manner, or otherwise promotes serious criminal activity;
  • involves impersonation of another person or Creator, or "deepfake"/synthetic sexual content depicting an identifiable real person without their consent;
  • infringes any intellectual property, privacy, or publicity right, including uploading another Creator's or studio's content without authorization;
  • contains a person's private or identifying information (doxxing), or discloses another user's identity;
  • constitutes harassment, threats, hate speech, or incitement to violence;
  • includes spam, fraudulent offers, malware, or links to prohibited or off-Platform payment circumvention;
  • solicits or arranges in-person meetings for commercial sex, or advertises escort/prostitution services;
  • attempts to circumvent payment, take transactions off-Platform to avoid fees or moderation, or launder funds;
  • violates any card-network rule, CCBill requirement, or applicable law, or any other Platform policy including our [Acceptable Use / Content Policy].

5.3 Content review before publication. Consistent with card-network and CCBill requirements for adult content, Creator Content is subject to review, and we review Content before it is published to Subscribers. We may also, at any time before or after publication, screen, age-tag, restrict, refuse, remove, or disable any Content in our discretion, including to comply with law, card-network requirements (including Visa and Mastercard content and consent requirements), and CCBill requirements. Review by the Company does not transfer to the Company any responsibility for the Content, which remains with the Creator, and does not waive any Creator warranty in Section 4. We may report suspected CSAM or other illegal content to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement, and preserve related records, as required or permitted by law.

5.4 Reporting and complaint handling. Anyone may report content believed to violate these Terms, to be non-consensual, or to depict a minor by contacting [ABUSE/COMPLIANCE EMAIL] or using the in-Platform reporting tools. Upon receipt of a report of non-consensual content or content depicting a minor, we will disable or restrict access to the reported Content pending review and will review and resolve valid complaints on an expedited basis and, where card-network rules apply, within seven (7) business days or sooner. A person depicted in Content may request its removal regardless of whether they hold copyright. See our [Complaint / Content Removal Policy] for details.

5.5 Appeals. A Creator whose Content is removed or restricted, and any person who submits a complaint, may request review of that decision by contacting [APPEALS EMAIL]. We will consider timely appeals and communicate an outcome. Nothing in this appeals process requires us to restore Content that is unlawful or that violates these Terms, card-network rules, or CCBill requirements.

6. Subscriptions, Purchases, and Billing

6.1 Products. The Platform offers paid products that may include: (a) per-Creator subscriptions granting recurring access to an individual Creator's Content; (b) an All-Access Pass granting access to participating Creators' Content as described at the point of sale; (c) one-time purchases of individual pieces of Content, pay-per-view messages, or tips; and (d) other products we may offer. Pricing, billing frequency, and what each product includes are shown at the point of sale and are set (for Creator subscriptions and individual Content) by the applicable Creator, subject to Platform minimums and maximums.

6.2 Payment processor (CCBill). All payments are processed by our third-party payment processor, CCBill, and/or other processors we designate. By purchasing, you also agree to CCBill's applicable terms and consents. We do not store your full payment card number. You authorize CCBill and us to charge your selected payment method for all amounts you incur, including applicable taxes.

6.3 Recurring billing / automatic renewal. Subscriptions (including per-Creator subscriptions and the All-Access Pass) renew automatically at the then-current price and interval shown at purchase (for example, monthly) until you cancel. By subscribing, you authorize us and CCBill to charge your payment method on a recurring basis at the start of each billing period until you cancel. If a rebill fails, we or CCBill may retry the charge and/or suspend access. We will provide any pre-renewal or renewal notices required by applicable automatic-renewal law.

6.4 Discreet billing descriptor. To protect your privacy, charges are designed to appear on your card or bank statement under a discreet billing descriptor rather than an explicit name. The descriptor that will appear is *[DISCREET BILLING DESCRIPTOR, e.g., "CCBILL.COM \\ [DESCRIPTOR]"]*. (Attorney/operator note: insert the exact CCBill-approved descriptor; do not promise a descriptor CCBill has not approved.)*

6.5 Price changes. We or a Creator may change subscription prices. For recurring subscriptions, any price change will apply to future billing periods and we will provide notice as required by applicable law and card-network rules; you may cancel before the change takes effect if you do not agree.

6.6 Cancellation. You may cancel a subscription at any time through your account settings or by contacting customer support at [SUPPORT EMAIL] / [SUPPORT URL]. Where required by law (including "click-to-cancel" requirements), cancellation is available through the same medium you used to subscribe. Cancellation stops future renewals. Unless required by law, cancellation does not retroactively cancel the current billing period, and you will generally retain access until the end of the period for which you have already paid. It is your responsibility to cancel before the next renewal to avoid the next charge.

6.7 Refunds. Except as required by applicable law or by CCBill or applicable card-network rules, or as we choose to grant in our discretion, payments are non-refundable because Content is delivered digitally and immediately. We do not provide refunds for change of mind, partial billing periods, unused access, or the removal of a particular Creator or piece of Content. Refund requests will be handled in accordance with CCBill's refund procedures. Nothing in this Section limits any non-waivable statutory rights you may have (including, for consumers in certain jurisdictions, mandatory withdrawal/refund rights).

6.8 Taxes. Prices may be exclusive of applicable taxes. You are responsible for any sales, use, VAT, GST, or similar taxes associated with your purchases, which may be added at checkout.

6.9 Customer support. For billing questions, cancellations, or disputes, contact [SUPPORT EMAIL] / [SUPPORT PHONE] / [SUPPORT URL] before initiating a chargeback (see Section 8). CCBill also offers subscriber support at its consumer support site.

6.10 Creator payouts. Amounts earned by Creators, revenue share, minimum payout thresholds, holdbacks/reserves for chargebacks and refunds, payout timing, and tax reporting (including U.S. Form 1099-K/1099-NEC where applicable) are governed by the [CREATOR AGREEMENT] and are not a subject of the Subscriber-facing Terms.

7. License to Use Content; Personal, Non-Commercial Use Only

7.1 Limited license. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to stream and view the Content you are authorized to access, solely for your own personal, private, non-commercial enjoyment.

7.2 Restrictions. You must not, and must not permit others to:

  • download, record, screen-capture, copy, reproduce, republish, distribute, publicly display or perform, transmit, sell, rent, sublicense, or otherwise make available any Content, in whole or in part, except any download expressly enabled by the Platform for your personal use;
  • share, resell, or provide access to your account or to any Content to any other person;
  • remove, alter, or circumvent any watermark, notice, digital rights management, or access control;
  • use any scraper, bot, crawler, or automated means to access, index, or harvest Content or data;
  • use the Content or Platform for any commercial purpose, or to train or develop any machine-learning or artificial-intelligence model, without our prior written consent.

7.3 Ownership. As between you and the Company/Creators, all Content and all intellectual property in the Platform remain the property of the Company, the applicable Creators, or their licensors. Unauthorized use of Content may violate copyright, trademark, publicity, privacy, and other laws. We and Creators reserve all rights not expressly granted.

8. Chargebacks and Payment Disputes

8.1 Contact us first. If you believe you were charged in error or do not recognize a charge, contact customer support at [SUPPORT EMAIL] / [SUPPORT URL] before disputing the charge with your bank or card issuer. Most billing issues can be resolved quickly.

8.2 Chargebacks. Initiating a chargeback, payment reversal, or dispute for a charge that was validly authorized (for example, disputing a legitimate subscription rather than cancelling it) is a breach of these Terms and may be treated as fraud. We reserve the right to:

  • suspend or terminate any account associated with a chargeback and revoke access to all Content;
  • dispute and submit evidence to reverse illegitimate chargebacks (including access logs, IP address, device, and verification records) with CCBill and the card networks;
  • recover the amount of the chargeback plus any related fees, and offset such amounts against balances owed to you (for Creators), to the extent permitted by law;
  • place accounts with excessive chargebacks on a block list and decline future service.

8.3 Fraud. Use of a stolen, unauthorized, or fraudulent payment method is prohibited and will be reported to CCBill, the card networks, and law enforcement as appropriate.

8.4 Legitimate disputes preserved. Nothing in this Section prevents you from exercising any chargeback or dispute right you have under applicable law or card-network rules for an unauthorized or genuinely erroneous transaction.

9. Intellectual Property; DMCA Copyright Policy

9.1 Respect for IP. Creators may only upload Content they own or are authorized to use (Section 4). We respect intellectual property rights and expect users to do the same.

9.2 DMCA notice-and-takedown. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe Content on the Platform infringes your copyright, send a written notice to our Designated Agent that includes:

  1. a physical or electronic signature of the copyright owner or authorized agent;
  2. identification of the copyrighted work claimed to be infringed;
  3. identification of the allegedly infringing material and information reasonably sufficient to locate it (e.g., the URL);
  4. your contact information (address, telephone, email);
  5. a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

Designated Copyright Agent:

[DMCA AGENT NAME]
Ghetto Media Group LLC
[DMCA AGENT MAILING ADDRESS]
Email: [DMCA AGENT EMAIL]
Phone: [DMCA AGENT PHONE]

(Attorney/operator note: the Designated Agent must be registered with the U.S. Copyright Office DMCA Designated Agent Directory, and the registration kept current.)

9.3 Counter-notice. If your Content was removed and you believe it was removed in error, you may submit a counter-notice to the Designated Agent containing the information required by 17 U.S.C. § 512(g). We may restore the material as permitted by law.

9.4 Repeat infringers. We will, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who are repeat infringers.

9.5 Non-consensual imagery / "takedown" for depicted persons. If you are depicted in Content and did not consent to its creation or publication, you may request removal under our [Complaint / Content Removal Policy] by contacting [ABUSE/COMPLIANCE EMAIL], regardless of whether you hold copyright. We will handle such requests on an expedited basis consistent with Section 5.4.

9.6 Trademarks. "Underground TV," "UGTV," and associated logos are trademarks of the Company or its affiliates. You may not use them without our prior written permission.

10. Privacy

Your use of the Platform is subject to our [Privacy Policy], which describes how we and our providers (including CCBill and VerifyMy) collect, use, and share information, including age/identity-verification data. By using the Platform, you consent to those practices.

11. Third-Party Services and Content Delivery

The Platform relies on third parties, including CCBill (payments), VerifyMy or another provider (age/identity verification), and content delivery network (CDN) providers (media hosting and delivery). Your use of those services may be subject to their terms. We are not responsible for the acts, omissions, or content of third parties, and third-party services are provided subject to their own terms and privacy practices.

12. User Conduct and Enforcement

12.1 You agree not to: (a) use the Platform for any unlawful purpose; (b) interfere with or disrupt the Platform or its security; (c) attempt to gain unauthorized access to any account, system, or data; (d) reverse engineer or scrape the Platform; (e) upload malware; or (f) misrepresent your identity or affiliation.

12.2 Enforcement. We may investigate suspected violations and take any action we deem appropriate, including removing Content, issuing warnings, restricting features, and suspending or terminating accounts, with or without notice.

13. Suspension and Termination

13.1 By you. You may stop using the Platform and close your account at any time. Cancellation of subscriptions is governed by Section 6.6.

13.2 By us. We may suspend or terminate your account or access, remove Content, and/or refuse service at any time, with or without notice, including if we believe you have violated these Terms or any law, for risk, fraud, chargeback, verification failure, sanctions/geographic-restriction, or card-network/CCBill-compliance reasons, or if required by law.

13.3 Effect of termination. Upon termination, your license to access Content ends immediately. Sections that by their nature should survive (including Sections 4, 5, 7, 8, 9, 14, 15, 16, 17, and 18) survive termination. Termination does not entitle you to a refund except as provided in Section 6.7, and does not relieve you of amounts owed.

13.4 Creator content after termination. Following termination of a Creator account, we may retain and continue to make available previously purchased Content to Subscribers to the extent permitted by law and the applicable licenses, and will retain records as required by law (including 18 U.S.C. § 2257).

14. Disclaimers

14.1 "As is." THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY PARTICULAR CONTENT OR CREATOR WILL REMAIN AVAILABLE.

14.2 Third-party / Creator content. Creator Content is created and controlled by independent Creators, not by the Company. We do not endorse, and are not responsible for, any Creator Content, and we make no representation as to its accuracy, legality, or quality. You access Content at your own risk.

14.3 No professional advice. Content on the Platform is for adult entertainment only and is not medical, legal, or other professional advice.

14.4 Jurisdictional variation. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective members, managers, officers, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your Content (for Creators), including any breach of the warranties in Section 4 or violation of Section 5; (c) your violation of these Terms or any law or third-party right; or (d) any chargeback, dispute, or fraud associated with your account. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate.

16. Limitation of Liability

16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR PRIVACY, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO THE COMPANY IN THE [SIX (6)] MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

16.3 SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

17. Governing Law; Dispute Resolution

17.1 Governing law. These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of [GOVERNING-LAW STATE], and applicable U.S. federal law, without regard to conflict-of-laws principles.

17.2 Venue. Subject to Section 17.3, you agree that the exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in [COUNTY, STATE], and you consent to personal jurisdiction there.

17.3 [OPTIONAL — arbitration and class-action waiver]. (Attorney note: decide whether to include binding arbitration. If included, tailor the following and confirm enforceability under current federal and state law.) Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered by [ARBITRATION PROVIDER, e.g., AAA] under its [applicable] rules, on an individual basis. YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. The seat of arbitration will be [CITY, STATE]. This Section does not prevent either party from seeking injunctive relief in court for intellectual-property or unauthorized-access matters, or from bringing a claim in small-claims court where eligible. Consumers may have a right to opt out of arbitration by notifying us at [SUPPORT EMAIL] within [30] days of first accepting these Terms.

17.4 Time to bring claims. To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

18. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms with a new "Last Updated" date and/or by other reasonable means. Changes are effective when posted unless otherwise stated. For recurring subscriptions, material changes that affect your rights will apply to renewals after notice; your continued use or renewal after the effective date constitutes acceptance. If you do not agree, you must stop using the Platform and cancel.

19. Miscellaneous

  • Entire agreement. These Terms, together with the [Privacy Policy], [Acceptable Use / Content Policy], [Complaint / Content Removal Policy], [DMCA Policy], and (for Creators) the [Creator Agreement], are the entire agreement between you and the Company regarding the Platform and supersede prior agreements on the subject.
  • Order of precedence. If there is a conflict between these Terms and a Creator-specific agreement as to Creator obligations, the [CREATOR AGREEMENT] controls for that Creator; otherwise these Terms control.
  • Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in effect.
  • No waiver. Our failure to enforce any provision is not a waiver.
  • Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or successor.
  • No third-party beneficiaries except that Creators are intended beneficiaries of Sections 7 and 9 regarding their Content, and the Company's affiliates and personnel are beneficiaries of Sections 14–16.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Electronic communications. You consent to receive communications and disclosures electronically.
  • Contact. Questions about these Terms: [OPERATOR CONTACT EMAIL], Ghetto Media Group LLC, [ENTITY MAILING ADDRESS].

20. Acknowledgment

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE VOLUNTARILY CHOOSING TO VIEW ADULT CONTENT, AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.

END OF DRAFT — FOR ATTORNEY REVIEW ONLY. Confirm all bracketed items, the 2257/2257A allocation and custodian designation, the DMCA agent registration, the CCBill-approved billing descriptor, current Visa/Mastercard adult-content, consent, pre-publication-review, complaint (7-business-day) and appeals requirements, state-specific auto-renewal disclosure and "click-to-cancel" laws, consumer-refund/withdrawal rights, OFAC/sanctions and geo-blocking obligations, and any age-verification-mandate obligations in states or countries where the Platform is offered, before publication.

Placeholders to complete

  • [EFFECTIVE DATE]
  • [LAST UPDATED DATE]
  • [SUPPORT EMAIL]
  • [SUPPORT URL]
  • [SUPPORT PHONE]
  • [ABUSE/COMPLIANCE EMAIL]
  • [APPEALS EMAIL]
  • [CUSTODIAN NAME]
  • [CUSTODIAN MAILING ADDRESS]
  • [DISCREET BILLING DESCRIPTOR]
  • [DMCA AGENT NAME]
  • [DMCA AGENT MAILING ADDRESS]
  • [DMCA AGENT EMAIL]
  • [DMCA AGENT PHONE]
  • [GOVERNING-LAW STATE]
  • [COUNTY, STATE]
  • [ARBITRATION PROVIDER]
  • [CITY, STATE]
  • [OPERATOR CONTACT EMAIL]
  • [ENTITY MAILING ADDRESS]
  • [CREATOR AGREEMENT]
  • [Privacy Policy]
  • [Acceptable Use / Content Policy]
  • [Complaint / Content Removal Policy]
  • [DMCA Policy]
  • [SIX (6)] months liability-cap period
  • [30] day arbitration opt-out window

Operator notes

Banner is present and verbatim — retained at top. Most substantive fix: original Section 5.3 said the platform was "not obligated to" review content and could review "before or after publication," which conflicts with Mastercard/CCBill adult-merchant rules requiring documented pre-publication review. Rewrote 5.3 to commit to reviewing Content before publication while keeping discretion to act afterward, and added language that review does not shift liability off the Creator. Added Section 5.5 (Appeals) and strengthened 5.4 to state reported non-consensual/minor content is disabled pending review and valid complaints are resolved within 7 business days — both are card-network requirements that were missing. Tightened age/identity verification to cover both depicted Performers AND uploaders, and required Creators to verify their own age (Sections 3.4, 4.2, 4.3 documented-consent-for-each-piece). Added OFAC/sanctions + geo-restriction language (2.4, 13.2) and a state age-verification-mandate nod (2.2). Reframed refund clause (6.7) to lead with the legal/CCBill carve-outs rather than an absolute "all sales final," and added CCBill refund-procedure reference. Added click-to-cancel / same-medium cancellation language (6.6) and pre-renewal notice (6.3). No caution was removed. Everything remains general informational drafting, not legal advice, and must be finalized by a licensed adult-industry attorney; several items still require attorney/operator confirmation against the current CCBill merchant agreement and live card-network rules.