Terms of Service
At XLOCKR, we are dedicated to fostering a safe, inclusive, and respectful community for all content creators and followers. Our platform is designed to be a space where creativity and interaction thrive, free from illegal content and behavior.
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Respect and Courtesy: All members are expected to treat one another with respect and kindness. Harassment, discrimination, and any form of abusive behavior will not be tolerated.
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No Endorsement of Illegal Activities: XLOCKR does not support or condone any illegal activities. Content that violates the law or promotes illegal behavior will be promptly removed, and offending accounts may be subject to suspension or termination.
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Safe Space for Expression: We encourage open and constructive dialogue but will act against any content that threatens the safety and well-being of our community members.
By using XLOCKR, you agree to adhere to these guidelines and contribute to a positive and respectful environment. Let's work together to make XLOCKR a place where everyone can feel safe and inspired.
Definitions
Here are some definitions which are used in this document:
- “Website” – www.xlockr.com
- “Platform” – Xlockr Website
- “Platform Operator” – FOLLOW MY LTD
- “Creator” – a user who provides media content to a Fan in exchange for payments.
- “Admirer”, “Fan” & “Consumer” – a user who pays a subscription payment to access the content provided by a Creator. An individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Creator Contract” – a contract for the supply of Creator Online Services.
- “Creator Online Services” – the provision of the production and publishing of social media content including pre-recorded videos, photos and pre-written content.
- “Visitor” – user who has not yet registered an account or logged into their account and therefore cannot yet be assumed to belong to the category of Creator or Fan. Any user who does not fit into the Creator or Fan criteria will be considered to be a Visitor.
- “User” – all types of users including Visitors, Fans and Creators.
- “Content” - all information of whatever kind (including profiles, posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).
- “Review” - any review, comment or rating.
- “Service” – our website, Xlockr, the services we offer by means of our website and any related software and services.
Singular and Plural
References to the singular include the plural and vice versa.
Introduction
These are our terms and conditions which apply to Xlockr.
We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only. These terms and conditions shall govern your use of Xlockr.
The following general terms and conditions apply to all Users, Creators, Fans and Visitors to the Website. By using this Website, you are agreeing to these terms. If you do not agree to these terms, please do not use this Website.
Using Our Service
Forming a contract to use our platform:
By accessing our website or registering on our website, you offer to enter a legal contract with us to use our platform. We assume you do this of your own accord and have not been influenced to make an account or to use the website. This is separate from the Contract between Creators and Fans (see below).
We accept your offer and there is a binding legal contract when you enter this site and press the “I’m over 18 and I agree to the Terms & Conditions” button.*
* Please DO NOT use or enter www.xlockr.com if you are under the age of 18. If for any reason you suspect or know somebody under the age of 18 is using Xlockr you must inform us immediately using: servicedesk@xlockr.com
Age Restriction
www.xlockr.com is an adult website. If you are under the age of 18 years, you must not use the website.
If for any reason you would like to report somebody as a Creator or a Fan under the age of 18 using www.xlockr.com please report it immediately to servicedesk@xlockr.com.
Xlockr does not have nor can it have knowledge of the personal data of the Users, Fans, Creators or Visitors of its products and services since in any case a completely anonymous telematic contracting takes place from the point of view of Follow My Ltd and cannot therefore be held responsible of the use made by a minor age with a mobile phone or credit card (If for any reason you would like to report somebody as a Creator, Fan, Visitor or
User under the age of 18 using www.xlockr.com please report it immediately to servicedesk@xlockr.com)
Follow My Ltd cannot in any way replace the "parental control" that the guardian or head of the family must exercise over the minors for whom he is responsible, therefore, we suggest restricting our services to them, warning that it will be considered responsible for all purposes, the owner of the credit card or mobile phone number to which the provision of the service is associated.
The parents, guardians or legal representatives will be responsible for all the acts carried out through the Portal by the minors in their charge. It is not the responsibility of Follow My Ltd.
Content
Adult Content
Xlockr contains sexually explicit material and is intended solely for consenting adults who are interested in and not offended by adult subjects like Creators, sex work, the trans community and sex. You must not use Xlockr if you are offended by any of its content, if you are not legal age and you have not turned 18 or if you are accessing it from a location where your use of it could be deemed a violation of any law.
All persons appearing on this Website are of legal age. Follow My Ltd has a zero-tolerance policy against illegal pornography. It is your responsibility to ensure that the content you are uploading or viewing is legal in the country in which you are uploading or viewing it, Xlockr holds no liability or responsibility if you fail to do this; the liability rests solely with yourself.
Intellectual Property, Ownership & Copyright
Unless otherwise specified the contents of all the pages of this website are owned by and copyrighted to Follow My Ltd. Follow My Ltd respects the intellectual property rights of third parties and asks that all users do the same. If you believe that any intellectual property rights have been infringed on The Website, please notify Follow My Ltd.
The Creator confirms that it is the copyright owner, licence holder and controller of all intellectual, industrial, images, pictures, videos and property rights for the content uploaded to Xlockr.
The Creator indemnifies Xlockr against any claims for violation of copyright or other intellectual and industrial property rights for content it has uploaded to Xlockr without the correct licence or permissions.
The Creator gives express permission for Xlockr to use all of the content uploaded to Xlockr and display it on the Website.
The intellectual and industrial property rights in all material used on or in connection with our Platform are owned by us or by our partners or other Users. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior express and written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
Just to be clear - you must not collect, scrape, reproduce, edit, harvest, frame or deep-link to any Content on our Service without our specific prior express and written consent.
If you upload any Content to our Service or provide us with any ideas or suggestions for our Service, you allow us at no cost, without limits and forever, to use and adapt all or part of such material however we wish on our Service. You also allow each User to use your Content in accordance with these terms and conditions.
Third-Party Content & User Generated Content
www.xlockr.com contains material submitted and or uploads by third parties. All third-party material contained in this Website is the sole responsibility of the third party. Follow My Ltd does not accept any responsibility for the accuracy of any third-party material on www.xlockr.com nor is any warranty expressed or implied by publication.
Follow My Ltd assumes no responsibility and specifically disclaims and excludes all liability to any person for any loss or damage of any nature or however arising from any third-party material published on the Website.
By submitting any material to Xlockr, you automatically grant Follow My Ltd the royalty-free, perpetual, irrevocable, unlimited, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You acknowledge that Follow My Ltd is not obliged to publish any material submitted by you.
You agree to indemnify and hold Follow My Ltd harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of material you submit to the Website.
If you upload Content to our Service, you are responsible for your Content and ensuring it meets our guidelines and remains legal.
You guarantee you have (and will retain) all rights and permissions needed to enable the use of your Content as contemplated by the Service and these terms and conditions, especially those referring to rights of use, advertising and image, as well as not you are violating third party rights.
You hereby confirm that:
- All persons depicted in the content are of legal age and that you have seen and hold a copy of identity and age verification documents
- All persons depicted in the content have consented to its production and you hold the necessary legal documents such as model release forms to prove this
- All persons depicted in the content have consented to its distribution and you hold the necessary legal documents such as model release forms to prove this
- All persons depicted in the content have consented to its ability to be downloaded and you hold the necessary legal documents such as model release forms to prove this
- That this content is not illegal and does not violate any other parts of these terms and conditions or contravene any applicable or local laws and does not subject Xlockr to any claims, demands, lawsuits, regulatory actions or any actual, potential or risk of liability or threats thereof
Verification documents include official suitable government ID documentation. We may request copies of the documents listed in parts A-D above and failure to provide these documents within a reasonable time period will be a violation of these terms and conditions and will result in the content being removed and possible closure of your account.
We will monitor through both automated and manual means all content including messages and comments for illegal content or content that violates our terms. We may edit, hide or remove any piece of content for any reason at any time.
We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of a complaint or where we have reason to believe that it breaches our terms and conditions if we consider that privacy rights may have been violated or that of a third party or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
The information or data uploaded by the Creators, Users or Fans must be truthful at all times, vouching for all statements, data, content, information and details that are false, vague or inaccurate.
It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused or if you do not have full rights to such content.
We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
We may irretrievably delete your Content without telling you after this agreement ends.
Promotional Use of Copyrighted Material
Users give permission for Xlockr to use any content uploaded to Xlockr for promotional purposes by Follow My Ltd without payment of royalties or requirement of licences.
Links
www.xlockr.com contains links to other websites which are not under Follow My Ltd’s control. Follow My Ltd is not responsible for the prejudices that the other websites may cause to you, the content of and do not endorse the material on these other websites. Follow My Ltd provides these links for your convenience only. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
Using Our Service
Your right to use our Service
We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
Who can use our Service?
You can-not use, or attempt to register on, our Service if:
- You are below 18 years of age;
- Display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country doesn’t permit such a Service or display of or access to such material at all or because you are under the relevant age limit); or
- You have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or dishonesty, dissemination, disclosure or transfer to third parties of data, discovered facts or images captured from material that is not your own or illegal.
Acceptable use of our Service
You undertake not to do any of the following in connection with the Service:
- Breach any applicable law, regulation or code of conduct;
- Upload any Content (including links or references to other content), or otherwise behave in a manner, which:
- Is defamatory, threatening, harassing, invasive or forcing of privacy, racist, xenophobic, religious, animal mistreatment, hateful, discriminatory, promoting of self-harm, misleading, abusive or deceptive;
- Contains child pornography or those who can simulate experiences with minors or incite child prostitution in any way;
- Contains non-consensual sexual behaviour (any form of sexual interaction that does not have explicit consent);
- Contains notions of rape, both actual and simulated;
- Contains bestiality (sexual acts with an animal) or animal mistreatment;
- Contains drug / alcohol abuse;
- Contains incest (sexual acts between persons who are related by blood) (both simulated and real);
- Contains defecation, hard-sports, scat or coprophilia (use of faeces in a sexual context);
- Contains bondage presented in sexual context activities;
- Infringes any intellectual, industrial property, image rights or other rights of others;
- Contains images or messages of terrorism;
- Contains impersonate other people's identity by any means;
- Contains harassing people;
- Involves phishing or scamming or similar or attempted fraud; or
- We otherwise reasonably consider to be inappropriate;
- Reveal any information that enables you to be personally identified or contacted by other Users other than through the Service including last name, postal / email address or telephone number;
- Upload any Content which includes someone else’s personal information or unauthorised images of other people;
- Impersonate any person or entity in order to mislead others;
- Upload any Content which links to any third-party websites which are unlawful or contain inappropriate Content;
- Use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- Use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- Do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
- Do anything which may negatively affect other Users’ enjoyment of the Service;
- Gain unauthorised access to any part of the Service or equipment used to provide the Service;
- Intercept or modify communications to or from the Service;
- Circumvent any security or other features of the Service including features that restrict use or copying of Content; or
- Attempt, encourage or assist any of the above.
You undertake to:
- Comply with all of the rules or requirements on our Service;
- Promptly comply with any reasonable request or instruction by us in connection with the Service; and
- Ensure that any contact or other information which you supply to us is accurate, legal and not misleading and you will tell us if there are any important changes.
You further agree:
- Not to use the service to allow or facilitate payments for:
- Creator services
- Creator bookings
- Meetings
- Face to face sessions in person
- Any in person services
This includes both past, present or future activities. Any violation of this term will result in immediate account closure. This website must not be used for escorting or client meeting purposes. Xlockr provides strictly a digital service only
Dealing with other Users
You accept that we have no obligation to vet or monitor Users or their Content. We don’t endorse or recommend any Creators. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for such Content or in connection with any dealings between Users. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.
In your own interests, you should not attempt to contact any other User other than through the Service.
You acknowledge that we may permit Users to post Reviews about you and that these will be publicly available. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you.
Your Account
Unless otherwise specifically stated on our Service, your account is for your personal use only or for the purposes of your business activity as a Creator and is non-transferable. You agree not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
It is your responsibility to ensure you have expressed written consent from any other models shown within your content. These must without exception be over the age of 18, any liability rests solely with yourself for misuse of other people’s images. Copies of these may be requested by Xlockr at any time and failure to provide the requested consent forms may result in your account being closed without notice. Any model who has provided written consent previously may withdraw this consent in writing at any given time by contacting servicedesk@xlockr.com.
Functioning of our Service
We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service
Ending or Suspending this Contract
You may at any time end your contract with us by closing/deleting your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund of any payments made to a Creator.)
We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
- We have reason to believe that you have breached any of our terms and conditions;
- Any fees payable by you are unpaid / unjustifiably charged back;
- We think that it is necessary to protect us or others; or
- We are required to do so by law or appropriate authority.
- For any other reason
We are entitled at any time to end this contract by email notice if we terminate our Service as a whole.
If either of us ends this contract:
- Your right to use our Service and all licences are terminated.
- Existing rights and liabilities are unaffected.
- All clauses in this contract which are stated or intended to continue after termination will continue to apply.
- You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
Liability – restrictions on our legal responsibility (IMPORTANT)
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of a legal duty owed to you by us or by any of our employees or agents;
- Such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- Such loss or damage is caused by you, for example by not complying with this agreement; or
- Such loss or damage relates to a business of yours.
The following clauses apply only if you are not a Consumer:
- Our total aggregate liability of any kind (including our own negligence) is limited, at the most, to the total fees paid by you to us in connection with our Service.
- In no event (including our own negligence) will we be liable for any:
- Economic losses (including, without limit, loss of revenues, profits, contracts, income or business expectations, business or anticipated savings);
- Loss of goodwill or reputation;
- Special, indirect or consequential losses; or
- Damage to or loss of data (even if we have been advised of the possibility of such losses).
- You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
If you use Xlockr or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
Creator Contract
Just a Platform
Our Service constitutes a neutral trans focused platform whereby Creators can arrange to supply Creator Online Services directly to Fans under the Creator Contract. We are not a party to that contract and do not supply those services.
The Creator appoints us as its agent to arrange the supply of those services and for collecting their income. You acknowledge that any legal recourse arising from breach of the Creator Contract is against the other party to the Creator Contract and not against Xlockr.
Agency Services
The Creator agrees to appoint Follow My Ltd as its undisclosed agent for the purposes of arranging supplies of services that will be made available to third party subscribers/customers (Fans) and to collect funds from their Fans.
The Creator acknowledges that it is supplying the service directly to the Fan and Xlockr will have no direct contractual relationship with the Fan.
Social networking
Registered users will have access to such additional features on Xlockr as we may from time to time determine, which may include:
facilities to complete a detailed personal profile on the website, and to publish that profile on the website; the facility to send private messages via the website to particular individuals registered on the website; and the facility to post and publish text and media on the website.
You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading. You will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
You agree to the publication of posts relating to you, by others, on Xlockr; you acknowledge that such posts may be critical or defamatory or otherwise unlawful:
Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
You agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts. We will endeavour to remove all such posts once you have contacted us about them.
No Employment Relationship
The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
The Creator is not an employee of Follow My Ltd. In addition, the Creator is providing the services under this Agreement, directly to the Fan, solely at their own direction and under their own supervision. Nothing herein shall be construed as creating an employer/employee relationship between Follow My Ltd and the Creator or placing the parties in a partnership or joint venture relationship. The Creator will not be eligible for any employee benefits, cash bonuses or other commissions.
Non-Exclusive Agreement
Each party acknowledges that this is not an exclusive and that each party may contract with other parties providing same or similar services.
Payments and Taxes
VAT
Xlockr acts as an undisclosed agent for The Creator.
Solely for the purposes of VAT, Xlockr will be deemed to be the Principal in the sale of all electronically supplied services to the Fan.
Taxation
We (Xlockr and platform operator) are not lawyers or tax advisors and the following should NOT be taken as tax advice. You are fully responsible for your own reporting of taxes and compliance with your obligations. If in doubt, please seek professional tax advice.
The Creator is fully liable and responsible for all local taxes and compliance, which may include but is not limited to: Local sales tax, VAT, income tax, corporation tax, national insurance, turnover taxes and other direct and indirect taxes, applicable to the country in which you (the Creator) is resident for tax purposes.
You (The Creator) acknowledge and confirm that you are fully aware, liable and responsible for all tax reporting obligations and indemnify Xlockr against any claims for taxes by any person or tax authority that may seek to claim unpaid taxes from us on your behalf or attempts to hold us jointly or severally liable.
Payment by Fans
In order to avail of Creator Online Services, you (the Fan) must pay the relevant subscription fee to the Creator in advance. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. You can also pay tips and other payments for electronically supplied services to the Creator if you wish.
All subscription payments, tips and other payments are payments to the Creator and we collect these payments from you on behalf of the Creator. The supply of the Creator Online Service takes place directly between the Creator and the Fan. Xlockr acts solely as the agent of the Creator for these purposes and no supply takes place between Xlockr and the Fan.
If stated when you subscribed, your subscription will continue to be auto-renewed for the same subscription period to which you signed up to, unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due, on behalf of the Creator, in accordance with this agreement.
Creators may at any time change their subscription prices. If the Creator changes their subscription price, your subscription will automatically be terminated at the next renewal date and you (the user) will have to take out a new subscription if you wish to continue availing of the Creators service after the termination.
You must contact us immediately with full details if you dispute any payment servicedesk@xlockr.com
Payment to Creators
Subject to your compliance with this agreement, Xlockr shall use reasonable endeavors to pay The Creator at whatever intervals we decide by whatever method we specify the amount of the payments that, as your agent, we received from your Fans on your behalf subject to the deductions mentioned below.
Refund Policy
Having informed The User about the prices, terms and conditions of our products and being accepted by the User upon purchase, we inform the User that each claim will be evaluated individually before making any returns or refunds.
By default, if the User has not carried out the automatic unsubscription process within the established period, no refund will be made. A user may cancel the subscription for the next renewal period, never for the ongoing one by choosing "My Subscriptions" and pressing "Cancel" beside the relevant subscription within the User dashboard, or by contacting us via: servicedesk@xlockr.com
To request a Refund, the user can contact us via servicedesk@xlockr.com to be attended by one of our agents. Once a return or refund is confirmed, if the payment was made by card, it will be effective on the card used in the purchase (not by other methods) within a maximum period of 15 business days.
Fees
We will charge you (the Creator) a fee for acting as your agent in relation to the relevant transactions. We will deduct this fee (plus taxes where applicable) from the gross payments collected from your Fans before we pay them out to you.
We may at any time change the amount of our fee. If so, we will give you notice by email. Any payments received from Fans after the notice period will be subject to our new fee.
Deductions
We are entitled in our discretion and as part of our service to you (the Creator) to act as an intermediary collection agent, to refund to the Fan on your behalf all or part of the Fan payment insofar as the Fan makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion. We are entitled to deduct the amount of such refund from any other payments due to you and you are liable to repay any shortfall if the relevant Fan payments have already been paid to you.
We are entitled to deduct from the payments due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.
You are responsible for making up any shortfall arising from charges made by your bank.
Payouts
Twice per month, we will calculate your earnings. We will generate a payout statement that includes all your subscriptions, tips and other payments. We will take the total value of your incoming payments from Fans (excluding VAT and payment charges) and deduct our commission. We will then provide you with an invoice for the commission element that we have charged you.
Creator Online Services
Subscriptions
A subscription will be made up of the main service of electronically supplied elements which include pre-recorded video, photographs and pre-written content.
There may be secondary services to the main service such as live streams, messaging, comments interaction etc but these services are given at the discretion of the Creator and access to these secondary services is not a defined service covered by the payment of the subscription and therefore the receipt of these services cannot be guaranteed.
You will have access to the main service content for the duration of your subscription and for the price that is displayed unless special circumstances are encountered (such as the Creator taking their profile offline) where our cancellation policy will come into effect.
In the event a Creator changes their subscription price:
- (A) And the price is lower: Your subscription will renew at your next renewal date at the new lower price and will NOT be cancelled.
- (B) And the price is higher: Your subscription will not renew at your next renewal date and will be cancelled.
Tips
Tips are commonly used as a mechanism to pay for services such as the right to receive content or the right to contact a Creator and should not be treated as a gift, given freely, for the purposes of this agreement.
Other payments
Payments may be made by Fans for other unspecified items which are delivered electronically including but limited to personalised videos or photographs and messaging services.
Payment charges and fees
Some payment methods will include an additional fee. This will be displayed at the checkout and itemised in both the Fans receipt in the dashboard and in the Creators pay-out report.
Follow My Ltd hereby confirm that they act as a collection agent for all Creators on Xlockr and funds received to our account would be income of all Creators with Follow My Ltd only receiving a commission element as previously agreed with each VIP. Income will be chargeable to VAT at relevant rates in accordance with VAT legislation on the Creators. All income generated by you is done so in a self-employed capacity. All income must be reported to the local tax authorities where you are tax resident and tax is to be paid where applicable.
Miscellaneous Terms
Privacy
You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
Users undertake to us that they will only use any personal information of other Users strictly in accordance with applicable confidentiality and data protection laws and regulations.
Support
We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time. You may access Xlockr support services via servicedesk@xlockr.com
Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures, force majeure and pandemics.
No guarantees of service
Creators acknowledge that we do not guarantee that use of our Service will generate any particular level of revenues or suitable enquiries.
Compliance
Creators acknowledge that we do not guarantee that use of our Service of itself will necessarily enable compliance with all applicable laws and regulations concerning the Creator Contract and it is the responsibility of Creators to satisfy themselves thereof.
Transfer
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
Third-party websites
Xlockr includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
We have no control over third-party websites and their contents, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Trademarks
Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The third-party registered and unregistered trademarks or service marks on Xlockr are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Variation
We may revise these terms and conditions from time to time without notice.
The revised terms and conditions shall apply to the use of Xlockr from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
If you are a consumer and you have purchased any of Xlockr services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
Guidance
If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
Headings
Headings used in this agreement are for information and not binding
Complaints
If you have any complaints, please contact us via servicedesk@xlockr.com
Notices
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above).
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Disclaimer
Use of this www.xlockr.com is at your own risk. Follow My Ltd make no warranties or representations as to accuracy or reliability of any of the material published on the Website. The material on www.xlockr.com does not constitute advice and you should not rely on any material in www.xlockr.com to make any decision or take any action. Follow My Ltd does not make any representation as to the reliability of access to the Website. In no event does Follow My Ltd accept liability of any description for any damages or losses whatsoever resulting from use of www.xlockr.com or Xlockr.
Validity and Enforcement
If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later).
Content Upload and Pre-Screening
1. Content Review Process
All content uploaded to Xlockr must undergo a pre-screening process before it is published on the platform. This pre-screening process is designed to ensure that the uploaded content complies with legal standards and does not violate Xlockr's content standards (the "Standards").
2. Compliance with Legal and Ethical Standards
- Users must ensure that their uploaded content is not illegal, offensive, harmful, or otherwise violates any applicable laws or the Standards. Content that is found to be in violation of these requirements will be rejected.
3. Pre-Screening Procedure
- Upon uploading content, it will be temporarily held in a review queue.
- Xlockr's moderation team will review the content to verify its compliance with the Standards. This may include, but is not limited to, checks for inappropriate language, hate speech, explicit material, and intellectual property violations.
- The review process typically takes up to [Specify Timeframe, e.g., 48 hours]. However, this duration may vary depending on the volume of uploads and other operational factors.
4. Publication and Notification
- Once the content has been reviewed and approved by the moderation team, it will be published on the platform.
- Users will receive a notification regarding the status of their uploaded content, informing them whether it has been approved or rejected. In the case of rejection, users will be provided with the reasons for the decision and guidelines on how to rectify any issues.
5. User Responsibilities
- Users are responsible for ensuring that their content adheres to the Standards and any applicable laws.
- Xlockr reserves the right to modify, restrict access to, or remove any content that violates the Terms and Conditions at its sole discretion.
6. Appeal Process
- If users believe their content was unfairly rejected, they may appeal the decision by contacting Xlockr's support team. Appeals will be reviewed on a case-by-case basis, a
nd the final decision will be communicated to the user.
By uploading content to Xlockr, users agree to comply with these Terms and Conditions and understand that the pre-screening process is essential to maintain a safe and respectful community.
Content Provider Agreement
1. Third-Party Content Upload and Generation
- If a merchant allows a third-party user (“content provider”) to upload or generate content, including real-time/live streaming, the merchant must enter into a written agreement with each content provider.
2. Content Provider Agreement Submission
- During the review process, the merchant must submit a copy of the draft content provider agreement. This draft is what the content providers or models will sign or agree to. It is not required to provide each individual agreement that the content providers/models have entered into.
3. Electronic Agreements
- The content provider agreement may be an electronic agreement available on the website. In such cases, the content provider must take action to affirm their agreement by providing an electronic signature, such as checking a box with a statement saying 'I agree to the T&C' or 'I agree to the model agreement'.
4. Content Agreement Requirements
- Prohibition of Illegal Activities: The agreement must prohibit any activity that is illegal or otherwise violates the Standards.
- Written Consent: The content provider must obtain and keep on record written consent from all persons depicted in the content. This includes:
- Consent to be depicted in the content
- Consent to allow for the public distribution of the content and to upload the content to the Merchant’s website
- If the content will be made available for downloading by other users, consent to have the content downloaded
- Identity and Age Verification**: The content provider must verify the identity and age of all persons depicted in the content to ensure that all persons depicted are adults and be able to provide supporting documents upon request.
By adhering to these guidelines, Xlockr ensures that all content uploaded to the platform is legally compliant and respects the rights of all individuals involved.
Consent Statement for Xlockr
As part of the model/creator signup process, you must acknowledge and agree to the following consent statement before uploading any content. This consent is clear and distinct from the rest of the Terms & Conditions and requires your explicit confirmation.
Verification of Identity and Age:
☐ I acknowledge and agree that I am responsible for verifying the identity and age of all persons depicted in the content I upload to ensure that all persons depicted are adults. I also agree to provide supporting documents upon request. (accept the T&C on landing/home page to agree)
By checking this box and accepting, I give my explicit consent and commitment to adhere to the identity and age verification requirements as described above.
3. We require a consent section at model/creator signup where creators grant permission for the website to use their images/liking. This consent must be acknowledged and confirmed by the creators before uploading any content. It has to be clear and distinct from the rest of the T&Cs. A separate check box / agree box is needed to be marked as proof of the creator's giving consent. An example of the consent can be "I acknowledge and agree that my images will be used and displayed publicly on the website"
Consent Statement for Xlockr
As part of the model/creator signup process, you must acknowledge and agree to the following consent statement before uploading any content. This consent is clear and distinct from the rest of the Terms & Conditions and requires your explicit confirmation.
Consent to Use Images and Likeness:
☐ I acknowledge and agree that my images and likeness will be used and displayed publicly on the website. (accept the T&C on landing/home page to agree)
By checking this box, I give my explicit consent for Xlockr to use, display, and distribute my images and likeness as described above.
Language
We will accept legal notices in English
Contact
Our company name is: FOLLOW MY LTD
Our postal address is: Flat 7, Wellfield House, 7 Halifax Road, Dewsbury WF13 4AA
You may email us at: servicedesk@xlockr.com
Our company registration number is: 13790287
Updates
These terms may be updated from time to time without notice to you. You should review this page periodically for changes.
Last updated: DECEMBER 2024
Version: 1.01