MVVERSE Inc. (en adelante, «CV», como se define a continuación) opera y administra la plataforma web CamVids.com (como se define a continuación) donde los cargadores de contenido independientes pueden cargar, publicar, transmitir, licenciar, compartir y vender sus videos originales, bienes tangibles, ofrecer servicios como transmisiones en vivo o chats en vivo para usuarios. La Plataforma ofrece entretenimiento explícito para adultos y solo está abierta a adultos que lo consientan.
USTED DEBE TENER AL MENOS 18 AÑOS Y LA MAYORÍA DE EDAD Y CONSENTIMIENTO LEGAL SEGÚN LAS LEYES DE LA JURISDICCIÓN APLICABLE PARA ACEPTAR ESTOS TÉRMINOS Y CONDICIONES. EL USO DE LA PLATAFORMA ES NULO DONDE LO PROHIBA LA LEY.
NO TOLERAMOS NINGÚN MATERIAL QUE INVOLUCRE O REPRESENTEMOS A MENORES, INCLUYENDO CUALQUIER REPRESENTACIÓN VIRTUAL, Y TENEMOS UNA POLÍTICA DE TOLERANCIA CERO CON RESPECTO A PEDÓFILOS, PEDERASTOS O CUALQUIER ACTIVIDAD PEDÓFILA, PEDERÁSTICA O SIMILAR. TOMAMOS GRANDES MEDIDAS PARA GARANTIZAR QUE NINGÚN MODELO O MENOR DE EJECUCIÓN APARECE EN LA PLATAFORMA, Y REPORTAREMOS CUALQUIER ACTIVIDAD ILEGAL.
Estos términos y condiciones (en lo sucesivo, «T&C»), incluida nuestra Política de privacidad, todas las reglas de MV, como «Reglas», «Palabras prohibidas», «Facturación» y «Requisitos de mantenimiento de registros», que se encuentran aquí (la «Plataforma Reglas «) forman el contrato vinculante entre MVVERSE Inc. y USTED (en adelante,» usted «,» USUARIO «o, según sea el caso,» MIEMBRO «; para mayor claridad, todos los MIEMBROS son USUARIOS, pero no todos los USUARIOS son MIEMBROS) . Si no está de acuerdo con todas estas Reglas de la Plataforma, que formarán parte integral de los T&C como si se recitaran en detalle en este documento, no puede usar la Plataforma (como se define a continuación) y no debe proceder a crear una cuenta o de lo contrario, utilice la Plataforma. Al utilizar la Plataforma (en el caso de un Usuario) o al hacer clic en «Aceptar» (en el caso de un Miembro), está demostrando su voluntad y confirmando su aceptación de estar obligado por todos estos T&C. MV no será responsable por su negligencia de sus derechos legales.
SI NO ESTÁ DE ACUERDO CON ESTOS T&C, O SI NO ESTÁ DE ACUERDO CON NINGÚN T&C REVISADO, NO USE LA PLATAFORMA.
Where used in these T&C, unless there is something in the context or the subject matter inconsistent therewith, the following terms shall have the following meaning:
- 1.1″Broadcast» shall encompass upload, publish, broadcast, share and offer Content, including Live streams;
- 1.2″Content» shall mean, depending on the context in which it is used, original Uploader-generated content OR original MEMBER-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time. For more clarity, MEMBER-generated Content is mostly limited to comments and excludes any videos, memberships and tangible goods;
- 1.3″Live Streams» shall mean sessions organised by Uploaders during which Content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility for MEMBERS to have two-ways camera sessions.
- 1.4″MEMBER(S)«, as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the registered individuals using the Platform for their personal use, also called “MV Member(s)”, at the exclusion of Uploaders. For more clarity, all MEMBERS are USERS, but not all USERS are MEMBERS;
- 1.5″MV» as well as all first-person pronouns (such as “we”, “us” “our”, “ours”), shall refer to MVVERSE Inc., 4815 Van Horne St., Montreal, Quebec, H3W1J0, PO Box: 63527, Canada, and/or its affiliates or assigns. MV operates and manages the Platform, and acts as an intermediary between Uploaders, and USERS using the Platform, as well as to permit Uploaders and MEMBERS to interact on the Platform;
- 1.6″Platform» shall refer to the hosting service operated and managed by MV, available at www.manyvids.com (and including all of its subdomains, any predecessor or successor domain or URL), where Uploaders can Broadcast, license and sell their Content using the tools and features provided by such Platform, as well as where USERS using the Platform can view and post certain types of Content, and where Uploaders and MEMBERS can interact online.
- 1.8″Uploader(s)» shall refer to the independent models, performers and other content producers or studios, registered as such on the Platform, and Broadcasting their original Content onto the Platform for personal use by the USERS; and
- 1.9″USER(S)«, as well as all second-person pronouns (such as “you”, “your”, “yours”), shall mean the individuals using the Platform for their personal use, to the exclusion of Uploaders.
- GENERAL TERMS
- 2.1These T&C govern your rights and responsibilities in connection with your use of the Platform, and is a binding contract between you and us (and not between you or us and any of the Uploaders). We encourage you to read these T&C carefully and periodically.
- 2.2Subject to Section 4, and subject to your compliance with all of these T&C, MV hereby grants you a free of charge, non-exclusive, non-transferable, personal, revocable license (the “License”) to use the Platform solely for private, personal, non-commercial, and entertainment purposes. This is a License to use and access the Platform for its intended purpose and is not a transfer of title.
- 2.3You can only use the Platform for your own personal use, to the exclusion of any commercial use. As a USER only, the Platform gives you the ability to navigate through and see Content previews and picture galleries, to the exclusion of any downloaded Content; as a MEMBER, the Platform gives you the ability to navigate through and buy Content, to post certain type of Content, participate in Live streams, comment and interact online with Uploaders you purchased Content from, as well as, if you are a “Premium MEMBER”, to interact online with Uploaders you did not purchase Content from. Registering as a MEMBER is free. All Content accessible or sold through the Platform is to be accessible or sold to you for private use only. You understand and agree that, as a service provider, MV is only acting as an intermediary and shall not be held responsible for the activities engaged by you through the Platform. MV does not endorse any Content or submission, and expressly disclaims any and all liability in connection with Content or submission. You agree to take all necessary precautions when interacting online with other USERS and Uploaders. You also understand that we do not carry out any prior verification or any kind of criminal record check on our USERS or Uploaders and thus we make no statement or warranty regarding our USERS or Uploaders’ behaviour. Therefore, you agree to remain vigilant and take all necessary precautions when interacting online with other USERS or Uploaders. You should use the Platform only in strict accordance with the present T&C and in accordance your local laws and community standards; the Platform may not be accessed or used where prohibited by law.
- 2.4You agree and understand that MV cannot ensure the security or privacy of information you provide through the Internet and the Platform. We strongly condemn any form of interaction between USERS and Uploaders outside of the Platform. Any information you choose to share remains your sole responsibility, and is done at your own risk. Use of the Platform for the purpose of engaging in unlawful or illegal activities is prohibited.
- 2.5For the purposes of these T&C, USER recognizes that an Uploader is understood to be solely an independent contractor, and in no way should an Uploader be considered employee, agent or partner of MV. Furthermore, USER acknowledges and agrees that MV has no direct or indirect control over the monitoring, supervision, prior approval, or review of the Content provided by Uploaders through the Platform.
- YOUR ACCOUNT
- 3.1Registration. In order to access the Platform as a MEMBER and to navigate through and buy Content, interact online with Uploaders as well as to post and comment Content, you must first register by creating a MEMBER account. You will have to choose a username which must be unique to you, not offensive to others and not in violation of a third party’s intellectual property (such as copyright or trademark), as well as a password. Please note that MV reserves the right to decline any account registration, for any reason, at its sole and entire discretion.
- 3.2Confidentiality of Your Account. You agree and represent that you will not share your account or login information, nor let anyone else access your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any security breach, including without limitation any loss, theft, or unauthorized access or disclosure of your login information, you must immediately notify us and modify your login information. You are solely responsible for maintaining the confidentiality of your login information, and you will be responsible for all uses of your login information, including uploads and purchases, whether or not authorized by you. You will be liable for any losses incurred by us due to the unauthorized use of your account. We are not liable for your losses caused by any unauthorized use of your account and you hereby specifically waive any such claim and agree to defend, hold harmless and indemnify MV against any such claims made against it by third parties. In brief, you are responsible for anything that happens through your account.
- 3.3Account and Profile Settings. As a MEMBER, you can edit and modify your account settings at any time through the Platform, including your profile picture and general preferences, as well as your notification preferences. You may also choose, at your discretion, to ignore or to block other Uploaders or USERS from communicating with you, as you can also be ignored by them or banned from communicating with them. You are solely responsible for your interactions with USERS and other Uploaders; we will not monitor or participate in any conflict resolution between you and any USER or Uploader.
- 3.4Content Uploaded on Your Account. You are solely responsible for all Content uploaded via your account, including any personalization made to your profile and any posting on your wall. You must evaluate, and bear all risks associated with your use of the Platform and your Content. You agree and represent to only upload Content that you are authorized to Broadcast. Furthermore, any Content uploaded onto the Platform shall also be compliant with these T&C; thus, you agree and represent to only upload Content in compliance with these T&C. You will not upload Content that could be deemed illegal, involving minors, or simply not allowed by us, including any content in violation of these T&C. Further, you agree not to upload Content that violates any third party’s intellectual property right or that violates another individual’s privacy. You must have obtained the express consent of anyone pictured or depicted in the Content you Broadcast, and you hereby expressly represent and warrant that you have obtained such consent. We reserve the undisputed right to remove any non-compliant uploaded Content at any time, without prior notice to you. You understand and agree that your profile and your uploaded Content may be visible or searchable by other Uploaders or USERS of the Platform (including any participation in the chat), through the Platform itself. Further, you understand and agree that your profile and your uploaded Content may be searchable by third-party publicly available search engines or Internet archives; should you wish to have some or all of your profile and/or uploaded Content removed from the publicly available search engines, it is your sole responsibility to do so, and to file such removal requests with the concerned search engine(s) operator(s).You also understand and agree that Live streams may be monitored and/or recorded by MV for the purposes of compliance with the present T&C and the Terms of Service for Uploaders but that MV does not have any obligation to do so.
- 3.5License to your Content. By using the Platform, you agree and understand that MV may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to these T&C, and therefore you hereby grant MV a perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable and transferrable license to run, copy, reproduce, record, publish, communicate, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, alter, sublicense, export, host, make available or otherwise use your Content, alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments and hypertext links, by means of any technology, whether now known or hereafter to become known. You hereby waive any “moral rights” or similar rights in and to the Content in favour of MV and its permitted transferees and sublicensees, and agree that any other person(s) with such rights in and to the Content waive(s) them in favour of MV and its permitted transferees and sublicensees. You hereby represent that you have the right to grant the license and waivers stated above.
- 3.6Linking your Account to Social Media. The Platform allows you to link your account to or to post on various third-party social media or social-networking sites (“Third-Party Site”). If you choose to do so, you agree and acknowledge to bear all risks that could result from such linking. By linking your account or by posting Content to Third-Party Site, you hereby understand and acknowledge that MV has no control whatsoever on such Third-Party Site, and that it is your sole responsibility to ensure that you understand, agree and comply with such Third-Party Site’s terms and conditions.
- 3.7Closing your Account. If you decide to close your account, which you can do at any time, all your Content will be permanently deleted, except as provided below. If you delete your account or if you delete Content from your account, such Content will no longer appear on the Platform. As for the membership granted by Uploader to any MEMBER, such membership will terminate once it expires, and all Content related thereto will be fully deleted upon such expiration.
- 3.8Prohibitions. You agree not to: (i) engage in any act that MV deems to be improper, or in conflict with the spirit or intent of the Platform; (ii) make inappropriate use of the Platform; (iii) use the Platform to engage in any form of harassment, prostitution, sex trafficking or other illegal or offensive behavior, or to post or share any defamatory, offensive, libelous or slanderous statements (iv) attempt to gain any unauthorized use to the Platform, by any means other than the user interface provided by MV, including but not limited to, by circumventing or modifying, attempting to circumvent or modify any technology, device, security or software that is part of the Platform; (v) disrupt, interfere, overburden, or assist in the disruption of the Platform or of our servers, this includes, but is not limited to, any type of attack, virus distribution, or other attempts to disrupt the Platform or any other person’s use of the Platform; (vi) modify, reverse engineer, reverse assemble, decompile or hack into any software applications or related tools or utilities used by the Platform; or (vii) otherwise violate any applicable law or regulation, or encourage or enable such violation.
- 3.92257 Regulations. Notwithstanding anything to the contrary, you understand and acknowledge that MV is not acting as a “producer” as defined by the 18 USC § 2257 Record Keeping Requirements (the “2257 Regulations”).
- 3.10Reporting of Pornography Involving Minors. MV is committed to cooperate with any law-enforcement agency investigating child pornography, and to comply with any applicable law relating to the mandatory reporting of pornography involving minors. We request and encourage you to report any unlawful activities involving minors directly to us and to the authorities. Your report must include any appropriate evidence, including the identified content, as well as the time and date of identification. All reports will be taken seriously and immediately investigated.
- 3.11Notice of Copyright Infringement. We support the protection of the intellectual property rights of copyright holders, and thus we will respond to notices of alleged copyright infringement made in accordance with our Copyright Notice and Takedown Policy, which can be found here.
- 3.12Section 230 of the Communications Decency Act – 47 U.S.C. § 230 Notice. You understand and acknowledge your responsibility to prevent minors under your care from accessing explicit, harmful or otherwise inappropriate material: you understand that no minor can have access to the Content, and you agree and warrant taking responsible measures to prevent them from doing so. Parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is explicit, harmful or otherwise inappropriate to minors. You are hereby informed that you can research such services on websites such as, but not limited to: http://www.safesurfingkids.com/, http://www.safekids.com/internet-safety-organizations-sites/ and http://www.safesearchkids.com/internet-safety-tips-for-kids/#.WR3-e2ffMbo. Please note that we do not make any representation or endorsement regarding any products or information found on those third-party Websites, and recommend that you conduct your own due diligence before installing any online filter. Furthermore, you agree that is it your sole responsibility, at the total exclusion of MV’s, to keep any explicit, harmful or otherwise inappropriate material from being displayed, viewed or accessed to by minors.
- PRICES AND PAYMENT
- 4.1Content Prices. You do not incur any costs for joining MV. As a MEMBER or USER, you may purchase Content made available to you through the Platform by Uploaders. You may also upgrade your account to “Premium” to access more features, such as direct messaging. Purchases can be made by credit cards, gift cards, Bitcoins, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Content through the Platform, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that MV has no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY CONTENT. Purchases are payable in advance. MV offers different packages you can choose from. As for Live streams, such as chatting or streaming, you can choose from various prepaid packages. MV’s pricing policy then in effect, which can be found here, establishes minimum and maximum prices. MV and Uploaders reserve the right to change minimum and maximum prices, as well as Content prices at any time, at their sole discretion and without liability to you.
- 4.2Viewing Purchased Content. After purchasing digital Content, you will see and be able to view such Content in your purchase history, accessible through your profile. You can consult your purchase history directly on your account at any time. Notwithstanding the foregoing, downloaded Content is only available once your payment is confirmed. Subject to Section 4.3.1 herein, as for non-digital Content, such as memberships and tangible goods, the Uploader is solely responsible for the fulfillment and delivery of such Content, at the total exclusion of MV: MV does not ship, handle or take custody of non-digital Content at any point.
- Sales Policies. All sales made through the Platform are FINAL and NON-REFUNDABLE, except in the following two cases:
- 1.1Custom Content and tangible Content (e.g. shippable) not provided or shipped within 30 days; in which case MV will contact the concerned Uploader on your behalf for mediation. If the Uploader fails to comply with MV’s request and does not provide or ship the purchased Content, a credit to your MV Wallet will be issued to you within 30 days from MV’s request;
- 1.2Broken of corrupted digital Content; MV will contact the concerned Uploader on your behalf for replacement Content. If Uploader fails to comply with MV’s request and does not replace the Content, a credit will be applied to your MV Wallet within 30 days.
- Sales Policies. All sales made through the Platform are FINAL and NON-REFUNDABLE, except in the following two cases:
If pursuant to applicable law, a refund is to be issued by MV, it will be credited solely to the payment method used in the original transaction. If the payment method used in the original transaction does not allow refunds (i.e. Paysafecards) then, notwithstanding the foregoing, any and all transactions made with such payment methods will be credited solely to your MV Wallet.
- 4.3Tokens. Tokens are a feature made available to MEMBERS and can only be used as a gratuity offered as an acknowledgment of appreciation to Uploaders in regard to Live streams Content (“Tokens”). For more clarity, Tokens cannot be used as payment for Content, nor are required for MEMBERS to access the Platform or Content. When allocating Tokens, MEMBERS do it on their free will and are not to expect anything in return. Tokens are non-refundable and expire two years after their purchase date. Token packages and prices, which are subject to change from time to time, can be found here.
- 4.4Contests. The Platform may offer various internal contests in which you can participate in by ranking the best Content.
- 4.5Premium Membership. For MEMBERS desiring to have a greater level of access than the general membership, MV offers an optional membership to premium services. There are three (3) premium membership options: (i) 1-month premium membership; (ii) 3-months premium membership; (iii) and 12-month premium membership. The premium membership covers unlimited messaging, ManyMotes, image sharing, full access to blocked previews, in addition to greater attention and visibility. All MEMBERS can opt in or out of premium services at any time as this additional service is optional, subject however to Section 4.3.
- 4.6MEMBER Information. It is your responsibility to ensure that all information necessary to any purchase (including shipment address) is complete and accurate to avoid any delays in the purchasing and payment processing, and to inform us of any issues which may arise with purchases or payments.
- 4.7Taxes. All prices on the Platform are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future and such taxes may be added by our third-party Internet payment service providers, on our behalf when required, the whole when completing purchase processing.
- 4.8Currency. All amounts referred to herein and all monetary transactions on the Platform are in US dollars (USD).
- MV’S RESPONSIBILITIES; DISCLAIMERS; INDEMNIFICATION
- 5.1You understand that the Platform is an evolving technology and concept. For as long as MV continues to provide you with access to the Platform, the Platform may be updated, improved and expanded. As a result, we allow you to access the Platform as it may exist and be available on any given day and have no other obligations, except as expressly stated in these T&C. We may modify, replace, refuse access to, suspend or discontinue all or part of the Platform, for you only, some or all of our Uploaders and USERS, in our sole discretion. All of these changes shall be effective upon their posting on the Platform or by direct communication to you unless otherwise noted.
- 5.2As an intermediary service provider, MV has no obligation to monitor, regulate or police Content, however we reserve the right to do so. We further reserve the right to refuse, to terminate your account, with or without notice if deemed by us to be contrary to these T&C.
- 5.3MV warrants that the Platform will conform to the description provided on its website, and to any statements or advertisements regarding the Platform made by MV. EXCEPT AS INDICATED IN THE PREVEIOUS SENTENCE, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.
- 5.4USER AGREES TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES AND DAMAGES OF ANY KIND RESULTING FROM HER/HIS/ITS USE OF THE PLATFORM NOT RESULTING FROM MV’S ACT; INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, OR THE PUBLICITY OF THE IDENTITY OF USERS, UPLOADERS, PERFORMERS OR MODELS VIEWING OR APPEARING IN CONTENT, AND ANY RISKS ARISING FROM CONVERSATIONS BETWEEN UPLOADERS AND/OR USERS. MV PLEDGES TO DO ALL WITHIN ITS MEANS THAT IS REASONABLE AND LAWFUL TO REMOVE SUCH MATERIAL UPON THE WRITTEN REQUEST OF A USER.
- 5.5MV DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MV SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A COMPUTER, SERVER OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM’S PERFORMANCE.
- 5.6Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless MV and the Platform, the operator, its parent, subsidiary and affiliated corporations, their officers, directors, shareholders, employees and agents, server maintenance, independent contractors, telecommunication providers, agents and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform; (ii) your violation or breach of any part of these T&C; (iii) your violation or breach of any third party rights, including without limitation any intellectual property, property, or privacy right; or (iv) any claim that all or any part of your Content caused damage to a third party. This defence and indemnification obligation will survive these T&C and your use of the Platform. You also agree to defend, indemnify and hold harmless MV defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including without limitation, any criminal action brought by any party. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide at our sole discretion to cooperate (at your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at our own expense, and choose our own legal counsel, but are not obligated to do so. You understand and accept that no communication between you and other USERS or Uploaders of the Platform is private. You hereby specifically release us and all other Uploaders or USERs of the Platform from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that your communications or profile are made public. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in these T&C.
- USERS’ REPRESENTATIONS AND WARRANTIES
Representations and Warranties. As a material inducement for MV to enter into these T&C, USER represents and warrants:
- 6.1That USER is of sound mind and body, acting of her/his/its own free will and fully understands the terms and conditions of these T&C, their legal implications;
- 6.2That USER is AT LEAST 18-YEAR-OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH RESIDE at the time you first access the Platform, whether as a USER or a MEMBER.
- 6.3That USER has researched, understands, and will comply with all laws and legal restrictions in effect in the jurisdiction where USER resides (and when relevant, where any other USER or Uploader resides), particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually explicit content, import and export control laws, false advertising, privacy and personal information protection, anti-discrimination, intellectual property, illegal business solicitation, and restrictions on unsolicited commercial messages. You may not use the Platform to solicit any information that might be used for unlawful purposes, or to carry out or to encourage unlawful activities or activities which would infringe these T&C;
- 6.4That the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection with the Broadcast of Content by USER and shall not be present in any of the Content Broadcast by USER at any time: (i) any portrayal of an individual that suggest or imply that such individual is under the age of 18 years of age (or under the age of 21 years in places where the age of majority is not 18 years); (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including but not limited to lewd nude depictions, masturbation or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these T&C, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; bestiality; fisting; urination/defecation (golden/brown showers or enemas); incest; necrophilia; torture; extreme violence; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids, such as dildos, vibrators, etc.; sleeping on camera; performing while intoxicated; any presentation or representation of illegal drugs; (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto;
- 6.5In addition to 6.1.6 and 6.1.7 and without limiting the generality of these T&C, the following acts, actual and/or simulated, are prohibited under these T&C and are forbidden in connection any interaction with Uploaders : (i) impersonate anyone; (ii) request money or another form of consideration from Uploaders; (iii) harass, defame, threat, use excessive language or be verbally abusive; (iv) depict or share any Content that MV may deem contrary to the present TOS; (v) use or solicit information that might be used for unlawful purposes or encourage unlawful activities; (vi) post or share information about other Users; (vii) disrupt the flow of a live chat; or (viii) record Live streams or live chats;
- 6.6That USER shall NOT, under any circumstances, solicit from any Uploader or any other USER or agree to any in-person encounters, any personal or private information including, but not limited to, real names, addresses, e-mail addresses, social media accounts, accounts, billing or payment information, and usernames or passwords, nor use any Uploader or any other USER in any way for unfair personal gain or benefit;
- 6.7That USER is solely responsible for complying with all applicable laws and regulations in the jurisdiction where you reside as well as all laws and regulations applicable to the Platform, and applicable to your use of the Platform. At all time, you represent that you will comply with all additional terms, guidelines, or policies enacted by MV.
- TERM AND TERMINATION
- 7.1These T&C shall be effective as of the date you start to use the Platform and remain in effect as long as you still use the Platform. You can choose to close your account at any time, at your sole discretion.
- 7.2MV reserves the right to terminate these T&C and your account, at any time, on 60 days’ notice (unless you have defaulted on one of your obligations, in which case termination may be immediate). Should MV terminate your account all of the Content which was accessible on it will be permanently deleted.
- 7.3Notwithstanding anything to the contrary, all rights granted by USER to MV during the term of these T&C shall survive the termination of these T&C by either party.
- TRADEMARKS, SERVICES MARKS, TRADE NAMES, TRADE DRESS AND LOGOS
- The trademarks, services marks, trade names, trade dress and logos (“Marks”) contained or described on the Platform and any Marks associated with any products available on the Platform are the sole property of MV and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without MV’s prior written authorization and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of MV and may not be copied, imitated or otherwise used, in whole or in part, without MV’s prior written authorization of. MV will enforce its intellectual property rights to the fullest extent of the law.
- CONFIDENTIAL INFORMATION; NON-CIRCUMVENTION
- 9.1Confidentiality. During the term of these T&C and for a period of 10 years after the termination thereof, each party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof that has been disclosed by one party to the other party during the term of these T&C. Proprietary information of MV includes, but is not limited to, the following aspects of MV: its Platform, software, employees, customers, affiliates, and service providers; intellectual property, functions, features, options, preferences, programming code, style, colours, layouts, “look and feel”, costs, profitability, statistics, data, and any other information in any way relating to MV or how MV conducts business. MV reserves its right to claim all damages caused by USER’s breach of duties.
- 9.2Non-circumvention. During the term of these T&C and for a period of 3 years after the termination thereof, USER agrees that neither USER nor any person under control or authority of USER shall, directly or indirectly circumvent or attempt to circumvent MV to form or attempt to form any business relationship with any of MV’s employees, affiliates, or sub-licensees, or that harms, injures or diminishes MV and/or the benefits that MV might reasonably expect to enjoy pursuant to the rights granted to MV in these T&C.
- EXTERNAL LINKS
- Uploaders may provide external hyperlinks to promote their Content, including without limitation ads or promotions, to other sites or platforms operated by third parties terminate. MV has no control over such websites and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. The presence of a link to a third-party site does not constitute or imply MV’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site. If you choose to access any third-party site, you do so at your own risk.
- 11.1Notices. USER may serve official notices to MV by sending an e-mail to: [email protected]. MV may serve official notices to USER by sending an e-mail to the e-mail address on the USER’s account. MV may also serve official notices to USER through information posted on “notification” or “messaging” sections of the Platform. It is your responsibility to monitor and review the “notification” or “messaging” sections of your account. All notices shall be legally binding upon receipt.
- 11.2Jurisdiction and Applicable Law. Except where prohibited by consumer protection legislation or where otherwise prohibited, the validity, interpretation and enforceability of these T&C shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The parties irrevocably agree that the courts of Montreal, Quebec shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these T&C or its subject matter or formation (including non-contractual disputes or claims). Notwithstanding the foregoing, when purchases are made by credit cards within the territory of the European Union, the legal jurisdiction governing these T&C shall be the same as the legal jurisdiction governing the contractual relationship between said credit card merchant and the USER.
- 11.3Language. If these T&C are translated into any other language, it will be for information purposes only and the English language will prevail in the event of any conflict between the translated version and the English-language version.
- 11.4Amendments. MV reserves the right to unilaterally amend any element of this contract. Upon doing so, MV will send you, at least 30 days before the amendment comes into force, a written notice setting out exclusively (a) the new clause, or the amended clause and the clause as it read formerly, (b) the date of the coming into force of the amendment, and (c); your right to refuse the amendment and cancel these T&C without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in MV’s obligations.
- 11.5Entire Agreement. These T&C set forth the entire agreement between the parties and supersedes all other written or oral agreements. If any provision of these T&C is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of these T&C.
- 11.6No Assignment. These T&C, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- 11.7No Other Limitations. Nothing herein shall be construed to limit or prevent either party’s abilities to conduct their respective business with respect to matters not specifically addressed under these T&C.
- 11.8Choice of Language. The parties have elected that these T&C and any related documents be drafted in English.
- 11.9If you have any questions or complaints regarding these T&C or the Platform, please contact us at [email protected].
Sobre acoso, discurso de odio, conducta abusiva e intimidación
MV Stars y MV Members son parte de una próspera comunidad de sexo positivo. El equipo de MV requiere que todos los miembros de la comunidad acepten voluntariamente abstenerse de promover la violencia y el odio contra otras estrellas de MV o miembros de MV en ManyVids.com. Nuestra misión es brindar un espacio seguro, amigable y sexy para todos.
ManyVids se opone al doxing, la divulgación involuntaria de información personal, amenazas de doxing, chantaje y suplantación de identidad. Esperamos que los miembros de nuestra comunidad muestren respeto mutuo y civilidad básica en nuestra plataforma.
ManyVids también condena la conducta inapropiada en línea que ocurre fuera de la plataforma, como en varios medios de comunicación social, blogs de la industria, revistas u otros medios. Creemos firmemente en promover la civilidad en la vida real y en línea.
Familiarícese con la Lista de verificación de privacidad de ManyVids para obtener consejos fáciles y útiles sobre cómo proteger su seguridad de privacidad haciendo click aquí
Debido a las estrictas regulaciones impuestas por Visa y Mastercard, se prohíbe el uso de ciertas palabras en títulos y descripciones de contenido. Las violaciones de esta regla al intentar omitir el filtro de palabras con caracteres especiales (por ejemplo: R * pe en lugar de RIPE) resultarán en la suspensión inmediata de la cuenta.
Full list of forbidden terms
D R U N K
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H Y P N O
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THE PLATFORM EXPRESSLY AND STRICTLY LIMITS ITS USE TO ADULTS OF AT LEAST 18 YEARS OR HAVING ATTAINED THE AGE OF MAJORITY IN THEIR JURISDICTION. ALL Other PERSONS ARE STRICTLY FORBIDDEN FROM ACCESSING OR VIEWING THE CONTENTS OF THIS PLATFORM. USE OF THE PLATFORM IS VOID WHERE PROHIBITED BY LAW. MV DOES NOT KNOWINGLY REQUEST AND/OR COLLECT PERSONAL INFORMATION OR DATA FROM PERSONS WHO HAVE NOT REACHED THE AGE OF MAJORITY AND DELETES ANY SUCH INFORMATION UPON IDENTIFYING IT.
- WHAT INFORMATION WE COLLECT
The term “Personal Information” means information that identifies any individual, either directly (such as name or email address) or indirectly (such as IP address or date of birth).
When browsing through the Platform, you can do so as an Uploader, a User or a registered Member. For more clarity, all Members are Users, but not all Users are Members.
Regardless of whether you are an Uploader, a User or a Member, MV may sometimes collect Personal Information that you willingly provide us, for instance when you contact us, inform us of any request, or inform us of any problem regarding the Platform.
While you use the Platform as a User, your device’s operating system and unique ID, IP address, access times, MAC address, location and language may be logged automatically. This information may be stored locally on the device you are using and may be communicated to MV, notably to ensure proper usage and functioning of the Platform, but also for statistical purposes and in order to improve the Platform and its features.
In addition to the preceding, upon your first use of the Platform as a Member, you will be prompted to provide information in order to create your account and profile linked to your account. This information may be, but is not limited to your name, date of birth, email address, physical address as well as any other information necessary to provide you with the Services and that is required by applicable law to be treated as “personal information”.
We also gather information about our personal preferences and tastes with respect to the Content that you access and would like to access on the Platform, so as to tailor your experience to suit your interests, as well as to learn what type of Content our Members prefer.
Whenever you use the Platform, we collect data about all of your interactions with the Services and other Users, including Users uploading Content on the Platform, via server log files. This information may be associated with your account and profile, IP address or device ID for the purpose of providing you with the Services and improving your experience.
Whenever you participate to a private or semi-private live stream on the Platform your written communications as well as the live streams may be monitored and/or recorded by MV for the purpose of ensuring and documenting compliance with all applicable laws as well as the Terms and Conditions for Users and Members and our Terms of Service for Uploaders. Your participation to a live stream will be associated with your account and profile, IP address and device ID for the purpose of providing you with the Services.
When you make a purchase, we might collect information about such purchase and your payment method, and we keep information on your purchase history. The information is mostly used to support your interaction with the Platform as well as to prevent fraud.
In addition to what is described above for Users and Members, upon your first use of the Platform as an Uploader, you will be prompted to provide the following:
- a photograph in which both your face and a piece of government-issued photo identification are visible, so that we can verify your identity and your age;
- your banking information, so that we can make payment owing to you under the Terms of Service for Uploaders; and
- your citizenship status in the United States, so that we can determine the taxation rules with which we must comply in our relationship with you.
- WHY WE COLLECT THIS INFORMATION
We use the information we collect for the following reasons:
- to create your account and profile and provide you with the Services;
- to send you information related to the Services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- to ensure proper functioning of the Platform;
- to ensure compliance with the Terms and Conditions for Users and Members and our Terms of Service for Uploaders;
- to address any problems which are brought to our attention;
- to monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services;
- to gain insights into how Users, Members and Uploaders interact with the Platform for the purpose of to evaluating and improving the content and features of the Platform (including through the use of data analytics or machine learning), or for developing new products and services;
- to respond to feedback and questions and provide customer support;
- to tailor your experience with the Platform;
- to conduct surveys contests and sweepstakes;
- to enhance the experience and enjoyment using our Services;
- to contact you about your experience with the Platform and notify you about company news and promotions;
- to market and promote the Services and other services and products we offer;
- to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
- to protect our legal rights and interests, including by complying with our legal obligations (such as to prevent fraud or misuse of the platform);
- to give effect to any other purpose to which you may consent.
If you consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party have legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer use the Services.
- HOW IS THE INFORMATION STORED AND COMMUNICATED
After the period set forth in that schedule, we will either destroy your Personal Information, or “de-personalize” it (meaning we will remove all information that allows you to be specifically identified).
We never disclose your Personal Information to anyone outside of MV without your consent, except for the following:
- If MV sells its business it may disclose your personal information to the extent necessary in connection with a due diligence review by the prospective buyer. MV will include provisions in the sale contract to require the buyer to treat your Personal Information in accordance with applicable law.
- MV may disclose your Personal Information to public authorities without your consent if the law requires or allows us to do so, including to defend our rights, prevent fraud, or otherwise in compliance with the law.
Members and Uploaders are publicly identified by the alias they use through the Platform, and all the Content they post (including videos, images or photos) is visible to all Users and can be viewed, collected, copies or used without consent. We recommend that you do not disclose information about yourself in the course of contributing Content or using the Platform, including in chat rooms, blogs, comments, reviews, walls or in similar functions in our Services. Information that you disclose in any of these instances is public information, and as such there is no expectation of privacy or confidentiality towards them.
Since you control the information displayed or posted on your account or profile and the information you share through the Platform in general, we are not responsible for the Personal Information you choose to make available through the Platform. Instead, you are solely and fully responsible for any consequences arising out of such displayed or posted information, including if others are able to identify you based on the Content that you have posted.
All data is stored on servers with high-security safeguards, protected against misuse and access by unauthorized individuals. Such safeguards include passwords, data encryption and restricted-access areas on our premises. However, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. We will notify you of any data breach as required under applicable law.
- HYPERLINKS AND THIRD-PARTY SITES
When you make payments through the Platform, you will be redirected to our payment service provider’s site and any Personal Information you submit will be sent to that provider directly without our involvement. We recommend that you read their privacy policies, so you can understand the manner that they will handle your Personal Information.
- YOUR RIGHTS
We offer you choices regarding the collection, correction, usage, retention and disclosure of your Personal Information and we will respect the choices you make. You have the right to refuse further collection, usage, retention and/or disclosure of your Personal Information by contacting Chief Privacy Officer by email (at [email protected]). However, please note that by doing so your access to our Services might be limited. Below, we describe the tools and processes for making theses requests.
- Access and update your information – You can access and update your information from within the Service. For example, you can access your profile information from your account. You can update your profile information within your account settings and modify content that contain information about you using the editing tools associated with that content.
- Opt out from receiving communications – You may opt out from receiving promotional communications from us by using the unsubscribe link in each email we send, updating your email preferences within your account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out from some notification messages in your account settings.
- Turn off Cookie Controls – Browser-based cookie controls are described in section 7. COOKIES.
- Send “Do Not Track” Signals – Some browsers have incorporated “Do Not Track” (DNT) features that can send signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
- Data portability – Data portability is the ability to obtain some of your information in a format you can move from one service provider to another. Depending on the context, this applies to some of your information, but not to all your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you uploaded under your sole control. Such a request will be processed within 30 days of the date of which we receive it.
- Right to object – You can object to any further processing of your Personal Information by contacting our Chief Privacy Officer by email (at [email protected]) , in which case we will immediately comply with your request and inform our service providers who may have your Personal Information of your objection to such processing.
We will do our best to treat your requests promptly. If you still have concerns, you can file a complaint with the data protection authority of your country.
“Broadcast” shall encompass upload, publish, broadcast, share and offer Content, including Live streams;
“Content” shall mean, depending on the context in which it is used, original UPLOADER-generated content OR original Member-generated content (or both). Content includes pictures, videos (pre-recorded or live streaming) and other materials, including but not limited to, text, images, graphics, data, audio, messages (including online chat), Live Streams, comments, memberships, gratuities, contests, sweepstakes, crowd funding initiatives and tangible goods provided, sold, offered or posted by Uploaders or MEMBERS onto the Platform from time to time;
“Live Streams”shall mean sessions organised by UPLOADERS during which Content is streamed live in private, semi-private or public mode, with or without live chat, with or without the possibility to have two-ways camera sessions;
“Member(s)” shall mean the registered individuals using the Platform for their personal use, also called «MV Member(s)», at the exclusion of UPLOADERS. For more clarity, all Members are Users, but not all Users are Members;
“MV” as well as all first-person pronouns (such as «we», «us» «our», «ours»), shall refer to MVVERSE Inc., 4815 Van Horne St., PO Box: 63527 151, Montreal, Quebec, H3W1J0, Canada, and/or its affiliates or assigns. MV operates and manages the Platform, and acts as an intermediary between UPLOADERS, and using the Platform, as well as to permit UPLOADERS and Members to interact on the Platform;
Platform shall refer to the hosting service operated and managed by MV, available at www.manyvids.com (and including all of its subdomains, any predecessor or successor domain or URL), where UPLOADERS can Broadcast, license and sell their Content using the tools and features provided by such Platform, as well as where Users using the Platform can view and post Content (except Live streams), and where UPLOADERS and Members can interact online;
User(s) shall mean the individuals using the Platform for their personal use, at the exclusion of UPLOADERS.
This Website (the «Website«) observes and complies with the Digital Millennium Copyright Act (the «DMCA«) and it is expected that our users and members to do the same. Under the DMCA, the Website qualifies as a «Service Provider» as defined in 17 U.S.C. §512(k)(1) of said Act. As such, the Website is entitled to assert certain protections from claims of copyright infringement, commonly referred to as the «safe harbour» provisions. As a mean to further the protection and respect of intellectual property rights, the Website has adopted the following Notice and Takedown Policy and Procedure (the «Policy«) relating to claims of copyright infringement concerning content linked to by the Website.
Notice of Claimed Infringement
If you are a copyright owner (or of any exclusive right under the copyright) or are authorized to act on behalf of such person, and believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (listed below), in a written communication, with the following information:
i) your electronic or physical signature;
ii) your address, telephone number, and email address at which you may be reached;
iii) the description of your copyrighted work or other intellectual property that is claimed to be infringed;
iv) the description of where the material that is claimed to be infringing is located on the Website (preferably including the specific URL at which the allegedly infringing material appears);
v) your statement outlining that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi) your statement, made under penalty of perjury, that the above information in the notification is accurate and that you are the copyright owner (or of any exclusive right under the copyright) or are authorized to act on behalf of such person.
Please note that a copy of this legal notification might be forwarded to the person who provided the allegedly infringing material.
Attn: Copyright Agent, Customer Relation and Incident Manager
221 Cornwell Dr.
Bear, DE, USA, 19701
Email: [email protected]
You may be liable for damages, court costs and attorney’s fees, in case of abuse of the above notification of claimed infringement or misrepresentation of facts relating to such notification.
Modifications to Policy
The Website reserves the right, at its sole discretion, to revise this Policy, you agree and understand that it is up to you to be knowledgeable and to periodically review the Policy to see if anything has changed. The Website will not be liable for your neglect of your legal rights.
The Website has not waived, is not waiving and has not presented intention of waiving any right or legal protection by this Policy.
For more information regarding take down legal requirements, visit https://www.copyright.gov/.
To protect your privacy, charges will be processed securely and will appear discreetly as either MV PRODUCTIONS INC 302 or MV PRODUCTIONS EU Ltd. on your credit card statement.
MV Productions Inc.
221 Cornwell Dr.
Bear, DE, USA
MV Productions EU Ltd.
Pythagorou 1, 001
Egkomi, Nicosia, Cyprus
This service is an interactive computer service as defined under 47 U.S.C. § 230(f), as well as an Internet access service as defined under 47 U.S.C. § 231(e), that is statutorily exempt from being considered a producer under 18 U.S.C. § 2257(h)(2)(B).
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions.
With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. Please direct questions pertaining to content on this website to: [email protected]
Original records are kept by its producers. Records required to be maintained by MV pursuant to 18 U.S.C. § 2257 and 28 C.F.R. 75 are kept in the following location by the Custodian of Records:
4815 rue Van Horne, CP 63527
All sales are FINAL and NON-REFUNDABLE except in the following 2 cases within 90 days of purchase date: Tangible (e.g. shippable) items are subject to a credit to your MV Wallet only if the seller fails to deliver.
If your downloaded vid is broken/corrupt, we will contact the seller on your behalf for a replacement vid. If they fail to replace the vid, a credit to your MV Wallet of equal or lesser value will be applied within 30 days.
Custom vid and store item sales are final and are subject to mediation by our support team if the seller fails to deliver within 30 days of the purchase date. A credit to your MV Wallet would be applicable to any non-received custom vids or store items which were not sent to the buyer.
If pursuant to applicable law a refund should be issued by MV, it will be credited solely to the payment method used in the original transaction. If the payment method used in the original transaction does not allow refunds (ie. Paysafecards) then, notwithstanding the foregoing, any and all transaction made with such payment methods will be credited solely to your MV Wallet.