Terms of Use

Modified on Thu, 29 May at 1:53 AM

Terms of Use

 

Last Updated: Feb 27, 2025

 

 

 

YOLO Media, LLC (“we, us, our, ours, etc.”) is the owner and operator of www.missbliss.com and any affiliated websites and related mobile versions and all services provided thereon (“Miss Bliss”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on Miss Bliss (“Materials”). We may allow you to share content on Miss Bliss (“Content”), and we may allow Creators to share content that depicts one or more third parties (“Co-Creator Content”). Your “Content” includes any Co-Creator Content in which you appear, even if such Co-Creator Content is shared by another Creator. While we do not own your Content or the content shared by our other users, such user-generated content is included within the definition of Miss Bliss but is excluded from the definition of Materials.

 

These Terms of Use constitute a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of Miss Bliss, a paywall platform for content creators (“Creators”) to license user-generated content to spectators (“Spectators”) and for Creators to split the revenue amongst other registered Creators who are co-authors of collaborative content (“Co-Creators”). Creators may also purchase a license from us to access certain upgraded features (“Membership”).

 

By accessing or using Miss Bliss, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using Miss Bliss freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and will promptly update this information as necessary to maintain its accuracy and completeness.

 

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Miss Bliss. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights. 

 

1. Accounts

 

  1. Registration

 

All users may register a single account on Miss Bliss, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. From time to time, we may permit, but are not required to allow, Creators to register multiple accounts on Miss Bliss. In the event that you are a Creator who registers more than one account, we reserve the right to request or force consolidation of your multiple accounts into a single account, or to request or require deactivation of all but one account, in our sole and absolute discretion.

 

To purchase access to a Creator’s user-generated content or to give a gift to a Creator on Miss Bliss as a Spectator, you must also provide a valid payment method. To sell access to your Content on Miss Bliss as a Creator, you must also submit valid and current banking information and any necessary age verification documentation, including a copy of a government-issued identification card. We reserve the right to limit the ability of Creators to engage in certain features of Miss Bliss in our sole and absolute discretion for any reason, including the Creator’s familiarity, experience, and reputation in the adult entertainment industry.

 

You agree that we, or our contractors, are authorized to collect, store, or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.

 

B. Accuracy

 

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may reject, suspend, or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any user-generated content.

 

C. No Account Sharing

 

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

 

D. Termination by You

 

You may delete your account by clicking “Delete Account” in your account settings.  You will not assign, transfer, sell, license, or share your account to Miss Bliss. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

 

E. Termination by Us

 

We may suspend or terminate your account, Membership, and any licenses herein, at any time, for any reason, in our sole discretion, including if you violate these Terms of Use or if your account becomes inactive. Creator accounts are considered inactive if you have not (i) logged in to your account in the past six (6) months, or (ii) shared new Content to your account in the last twelve (12) months regardless of when you last logged in to your account. Spectator accounts are considered inactive if you have not (i) logged into your account in the past six (6) months, or (ii) made a purchase from your account in the last twelve (12) months regardless of when you last logged in to your account.

 

If we terminate your account, you will be responsible for all charges to your account at the time of termination, any remaining balance in the account will become non-refundable, and you will forfeit any rights to payment of future revenues for any Co-Creator Content in which you appear. You agree that we are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

 

2. Grant of Rights

 

A. Materials

 

You understand that all we are offering you is access to and use of Miss Bliss as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access or use Miss Bliss. All users may access and use certain public areas of Miss Bliss, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Miss Bliss for private, non-commercial purposes. This free license does not include a license to access or use paid areas of Miss Bliss or the Materials therein.

 

If you purchase license(s) to access user-generated content from Creator(s), we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use the related user-generated content as limited by your purchased license. This paid license is for private, non-commercial purposes. These paid licenses do not include a license to access any user-generated content that is not associated with the purchased license(s). The rights and limitations associated with, and the prices of, each paid license are displayed on Miss Bliss at the time of purchase. You understand and agree that (i) all you are purchasing is a license to access the user-generated content associated with the purchased license, (ii) the Creator who shared the related user-generated content will remain the rightful owner of all copyrights in the related user-generated content, and (iii) such user-generated content may be removed from Miss Bliss, at any time, for any reason, by us or by the Creator, thereby terminating your license to access such user-generated content. The Creators who shared the user-generated content may change the fees and terms associated with your license. All previous offers and discounts for such licenses are unavailable once removed from Miss Bliss. While such payments may pass through Miss Bliss, you understand and agree that the payment(s) associated with such license(s) are made to the Creator directly, not to us.

 

If you are a Creator and purchase a Membership, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access and use the paid features associated with your selected Membership. This paid license is for commercial purposes. These paid licenses do not include a license to access any paid feature that is not associated with the purchased license(s). The rights and limitations associated with, and the prices of, each paid license are displayed on Miss Bliss at the time of purchase. You understand and agree that (i) all you are purchasing is a license to use the paid features associated with your selected Membership, (ii) we will remain the rightful owner of all intellectual property in the related features, and (iii) we may permanently remove or temporarily disable the features, at any time, for any reason, thereby terminating your license to use such features. We may change the fees and terms associated with your license. All previous offers and discounts for such licenses are unavailable once removed from Miss Bliss.

 

We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use Miss Bliss, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.

 

B. Content

 

We may permit you to share your Content to Miss Bliss. Except for personally identifiable information covered under our Privacy Policy, we will consider your Content non-confidential and nonproprietary. We will have no obligation regarding your Content, and we do not guarantee any confidentiality for your Content. You are solely responsible for your Content and the consequences of sharing your Content to Miss Bliss.

 

You retain all ownership rights in your Content, and joint ownership rights in any Co-Creator Content in which you appear. However, you grant us a worldwide, perpetual, exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content  for our business (and the business of our successors), including for promoting and redistributing any part of Miss Bliss (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use. This license shall include the right to copy and transfer your Content to any of our affiliate, related, or partner sites, and to share your Content on different pages of Miss Bliss at our sole discretion. We may freely use your Content for any purpose. By sharing Content to Miss Bliss, you consent to (i) being depicted in your Content, and (ii) your Content, being publicly distributed on Miss Bliss. 

 

While the licenses to all Content granted herein are exclusive, Creator may, reserve the right to use, reproduce, redistribute, prepare derivative works of, display, and perform certain limited portions of your Content (“Promo Content”) on certain third-party platforms (“Designated Platforms”) by designating the limited portion of your Content as Promo Content and designating the platform as a Designated Platform. Such reservations must be made by Creator (i) at the time your Content is shared on Miss Bliss in relation to Content that is not Co-Creator Content, or (ii) at the time the Collaboration Agreement is formed in relation to Co-Creator Content. In the event that Creator breaches the exclusive license granted to Miss Bliss herein, such as by sharing your Content (other than the Promo Content) on a third-party platform, or sharing the Promo Content on a website other than a Designated Platform, Miss Bliss may demand Creator remove your Content from the third-party platform, and Miss Bliss may seek removal of your Content directly by the third-party platform. Creator hereby agrees to comply with all such demands and to take all reasonable actions necessary to assist in the removal of your Content directly by such third-party platform. In the event Creator fails to comply with such demands or fails to reasonably assist in the removal by such third-party platform, Miss Bliss may suspend or terminate Creator’s account or take any other remedial action necessary, including limiting or withdrawing Creator’s ability to share your Content to Miss Bliss or Creator’s ability to enter into Collaboration Agreements. 

 

Further, you grant each user of Miss Bliss a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform your Content through Miss Bliss, as permitted through Miss Bliss and under these Terms of Use, and as limited by each user’s purchase of any applicable license to access your Content.

 

C. Section 2257

 

You represent and warrant that your Content is fully compliant with all requirements listed at 18 U.S.C. § 2257 et seq. 18 U.S.C. § 2257A, and 28 CFR Part 75 et seq. (“Section 2257”) and that you possess and maintain age verification documents required by Section 2257 in a form acceptable to us and that you will continue to maintain originals of these documents in that manner and for so long as you maintain an account on Miss Bliss, plus a term of seven (7) years, or the length of time required by law (whichever is longer), and that you will provide to us an accurate and legible copy of this documentation immediately during the registration process or otherwise upon request. You further consent to any circulation of such records to third parties such as our contractors, affiliates, successors, and sub-licensees, at our sole discretion. For so long as you maintain a Creator account on Miss Bliss, and for a period of no less than seven (7) years after your Creator account on Miss Bliss is deactivated, you will act as the “Custodian of Records” as defined in 28 CFR Part 75 et seq. and will maintain all records as required by Section 2257 at your primary address. Upon request, you will provide us with one or more valid government-issued “picture ID cards” as mandated by Section 2257, that contains your name, photo, and birth date. 

 

3. Billing and Payments


A. Purchases

 

If you provide valid and current payment information, you may purchase licenses from Creators to access their user-generated content, for so long as that specific piece of user-generated content remains on the Creator’s account or for so long as the terms of your license permit, whichever is shorter. You understand and agree that each piece of user-generated content may be removed from Miss Bliss at any time, for any reason, by us or by the Creator who posted that user-generated content. Creators may offer you the opportunity to purchase different user-generated content for differing prices. The price of such user-generated content is displayed on Miss Bliss, and you may only purchase user-generated content for the currently displayed price.  

 

If you are a Creator and provide valid and current payment information, you may purchase an automatically recurring license from us to access the upgrade features associated with that Membership. We may store your payment information for the purpose of collecting these recurring payments. If you fail to renew your Membership and continue to access the paid features associated with that Membership, we may charge you for those features on an a-la-carte basis at market rates.

 

We reserve the right to charge additional fees for access to or use of Miss Bliss or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Miss Bliss. You agree to pay all fees and charges related to any purchases made on your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name, even if such charge relates to a purchase of a license from a Creator to access their user-generated content. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account. 

 

B. Account Balances

 

You understand and agree that (i) we do not provide any licensed or regulated financial services, (ii) we do not act as your broker, intermediary, agent, custodian, or advisor in any fiduciary capacity, (iii) your account is not a bank account, (iv) your account balance does not earn interest, (v) your account balance may not be returned or paid to you if we become insolvent, and (vi) your account balances and transactions are only reported to you through Miss Bliss, and we are under no obligation to issue any other report regarding your account balance or transactions.

 

C. Processing Fees for Purchases of Licenses to Your Content and Gifts

 

When you license your Content to Spectators, you are expressly granting certain rights directly to the Spectator that purchased the license, and you are responsible for delivering your Content associated with that license to the Spectator under the terms and at the price specified at the time of purchase. It is your sole responsibility as a Creator to designate which Content is available for free or according to the terms of a paid license, and the price and other terms of such paid license. If you fail to designate a purchase price or other terms of such paid license, you understand and agree that we may make that Content available to our users free of charge and without restriction.

 

You will pay a twenty percent (20%) processing fee for all licenses purchased by Spectators to access your Content and for any gifts made to you by Spectators. We will automatically deduct the processing fee from our payment of non-employee compensation to you. In relation to any Co-Creator Content in which you appear, the non-employee compensation that we pay to you may be further reduced in accordance with the Collaboration Agreement (defined below) to account for any non-employee compensation owed to the other Co-Creator(s). We reserve the right to change this processing fee at any time. From time to time, we may offer certain decreased processing fees as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on Miss Bliss.

 

D. Co-Creator Content


You understand and agree that you may create and share Co-Creator Content on your account, or you may approve the publication of Co-Creator Content in which you appear on another Creator’s account, provided the Co-Creator Content complies with our Creator Guidelines. Co-Creator content shall not depict any illegal activity and shall not violate any applicable credit card brand association rules. 

 

We may refrain from publicly distributing any Co-Creator Content until all depicted Creators have confirmed their identity and consent to being depicted in the Co-Creator Content, to the Co-Creator Content being distributed on Miss Bliss, and to the revenue split proposed by the Coordinating Creator (defined below). 

 

We may permit Creators to post Co-Creator Content. The Creator who posted the Co-Creator Content is referred to herein as the “Coordinating Creator”. The qualifications required to act as a Coordinating Creator are set by Miss Bliss in our discretion, and such qualifications may be changed by Miss Bliss at any time. Miss Bliss reserves the right to limit or withhold granting any Creator the right to act as a Coordinating Creator for any reason, including failure to meet such qualifications.

 

The Coordinating Creator and each Co-Creator must independently enter into an exclusive copyright license with Miss Bliss (“Collaboration Agreement”) which governs the distribution of the Co-Creator Content on Miss Bliss, the distribution of the Promo Content on Designated Platforms, and the splitting of the revenues associated with the sale of such Co-Creator Content between Miss Bliss and Creator. All Creators that enter into a Collaboration Agreement understand and agree that Collaboration Agreements are between Miss Bliss and each Creator individually. Collaboration Agreements are not agreements between Creators. Collaboration Agreements do not create or limit any rights or claims that one Creator may be able to assert against another Creator in relation to the Co-Creator Content. All Creators of Co-Creator Content are joint owners of the Co-Creator Content. Any limitation on the rights of a joint owner of the Co-Creator Content would need to be detailed in a separate agreement between the Creators. Miss Bliss is not a party to, and has no access to or knowledge of, such separate agreements. As such, Miss Bliss expressly disclaims any responsibility for enforcing such separate agreements. Creator hereby agrees to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from any breach of such separate agreements by you or another person under your authority.

 

We may postpone or refuse to publish any Co-Creator Content at any time, for any reason, including failure by one or more Co-Creators to complete the required consent documentation. We will compensate the account of each Co-Creator for any agreed non-employee compensation associated with any specific piece of Co-Creator Content according to the terms of the Collaboration Agreement associated with that specific piece of Co-Creator Content. Our segregation and distribution of the non-employee compensation is final. Whether you are a Coordinating Creator or a Co-Creator, you agree to release us, and hold us harmless, from all claims arising from Co-Creator Content and the segregation and distribution of any non-employee compensation associated with your Co-Creator Content. You further agree that any claim arising from Co-Creator Content shall be asserted only against the Coordinating Creator and the Co-Creator(s) participating or appearing therein, and not against us. We are not an arbiter of disputes between Coordinating Creators and Co-Creators. We reserve the right to permanently remove or temporarily disable any Co-Creator Content that is subject to a dispute between the Coordinating Creator and the Co-Creators, in our sole and absolute discretion. We also reserve the right to temporarily suspend or permanently terminate any and all Coordinating Creators and Co-Creators for any reason, at any time, in relation to any dispute over Co-Creator Content, or to take any other remedial action necessary, including limiting or withdrawing Creator’s ability to post Content to Miss Bliss or Creator’s ability to enter into Collaboration Agreements.

 

Notwithstanding the terms of the Collaboration Agreement and Consent Form signed by you, you understand and agree that, in the event that your account is terminated, whether by you or by us, you will immediately forfeit all rights, title, and interest in any non-employee compensation in the Co-Creator Content on Miss Bliss, and your portion of any revenues from the distribution of the Co-Creator Content will vest exclusively in Miss Bliss. You further understand and agree that we may continue to distribute the Co-Creator Content on Miss Bliss without any future payment of non-employee compensation to you, and that we may continue to split the remaining revenues from future distribution of the Co-Creator Content on Miss Bliss in accordance with the percentages agreed-upon in each of the Collaboration Agreements associated with that Co-Creator Content, provided such remaining Co-Creators maintain active accounts in good standing.


E. Non-Employee Compensation

 

If you are a Creator, we will issue payment to you in your selected payment method for any non-employee compensation associated with your account during the preceding pay period, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You are responsible for providing accurate bank account or payment method details identifying where the non-employee compensation will be sent. You must own or control the account associated with your payment method, and you agree to provide us with such information as we may request to confirm your ownership or control. You will not receive a payment from us until you have met the minimum payment threshold. If we receive notice of any lien or encumbrance against your account, or if we reasonably suspect that a violation of these Terms of Use has occurred, we may suspend payments to you until such lien or encumbrance is satisfied or discharged, or until we have determined whether a violation has occurred. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Terms of Use against any money that we owe to you under these Terms of Use. We may also adjust or deduct the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors. You shall forfeit all non-employee compensation associated with your account if, due to inaccurate, incomplete, or outdated account information provided by you, we are unable to issue a disbursement to you within six (6) months of the purchase of the license associated with that non-employee compensation.

 

F. Taxes

 

We are not responsible for determining any tax implications associated with your use of Miss Bliss, and we make no representation as to the tax implications in any jurisdiction. We will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits.

 

You shall be responsible for payment of all taxes associated with your use of Miss Bliss, including any purchases and non-employee compensation associated with your account. You are solely responsible for declaring, bearing, and paying all taxes, duties, imposts, levies, tariffs, surcharges, and other amounts that might be due under any applicable law. You will be solely responsible for any penalties, claims, fines, punishments, and other liabilities arising from your nonpayment, underpayment, undue payment, or belated payment of any applicable tax associated with your use of Miss Bliss. 

 

You acknowledge that you are not our employee. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. You further agree to provide any additional tax-related information requested by us. Failure to provide such information to us may result in termination of your account.

 

G. Third-Party Payment Processing

 

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with Miss Bliss. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

 

H. Changes to Your Billing and Payment Information

 

You must promptly inform our third-party billing and payment agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing or payments through Miss Bliss. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing or payment agents.

 

I. Chargebacks

 

If you make a purchase on Miss Bliss that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold or reverse any non-employee compensation related to a purchase that results in a chargeback or other reversal of payment.

 

J. Changes to Our Billing and Payment Methods

 

We reserve the right to make changes at any time to our fees and billing and payment methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

 

K. Refunds

 

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

 

If you purchase a Membership , you may cancel the Membership at any time. If you cancel a Membership , you will not be issued a refund, and you will continue to have access to the features related to that Membership until the end of the current billing period.

 

If you block a Creator, you will immediately lose access to any user-generated content for which you purchased a license to Content from that Creator, and you will not be issued a refund.

 

If you are blocked by a Creator from whom you have purchased a license, you will immediately lose access to that Creator’s user-generated content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund.

 

If you are a Creator and you block a Spectator who has purchased a license from you, we reserve the right to deduct from your account any non-employee compensation associated with any purchases by that user.

 

L. Billing and Payment Errors

 

If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify us of such error immediately. If you do not do so within thirty (30) days after such billing or payment error first appears on any account statement, the fee or payment in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill or payment being rendered to you. These Terms of Use shall supplement and be in addition to any terms and conditions imposed by third party billing or payment entities we engage to provide billing or payment services. You are responsible for reviewing and complying with such entity’s terms and conditions in addition to those contained in these Terms of Use.

 

M. Fraudulent Use of Credit Cards

 

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account. 

 

N. Anti-Money Laundering

 

We prohibit and seek to prevent money laundering and the funding of criminal activities, and we have implemented internal security policies to monitor for and prevent money laundering. We may require you to provide identification, documents, or other information that we deem necessary for us to perform our Know Your Customer (“KYC”) verification procedures. If you submit a photo identification and verification image or video, you agree that we, or our third-party verification service, are authorized to collect, store, or maintain certain biometric information including a scan of your facial geometry from any Content or verification documents you provide to us. If you have not passed our verification procedures, or if we suspect that you are engaged in money laundering, we may (i) prohibit you from creating an account, (ii) prevent you from using certain features, (iii) refuse to process your transactions, (iv) request additional information from you, or (v) suspend or terminate your account. The most common reasons for such actions include (i) your failure to provide the requested KYC information in a timely manner, (ii) your provision of fraudulent or incomplete KYC information, (iii) one or more of your transactions being flagged, and (iv) your inclusion on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch list. We may provide any evidence of your suspicious activities to financial regulators or law enforcement as deemed necessary by us. By transacting on Miss Bliss, you represent and warrant that the funds are not sourced from any illegal source or the proceeds of any crime, and that you will not use any non-employee compensation associated with your account in the commission of any crime. 

 

4. Acceptable Use Policy

 

A. Prohibited Uses for All Users

 

You agree that you will only use Miss Bliss for purposes expressly permitted and contemplated by these Terms of Use. We encourage artistic creativity by our users, however certain Content and activity is prohibited for legal reasons. Without our express prior written authorization, you will not: 

 

  • use Miss Bliss in any way that violates these Terms of Use, any applicable law, regulation, or treaty of any applicable governmental body, any policies posted on Miss Bliss as amended from time to time, or any applicable credit card brand association rule including:

 

  1. prohibitions of sex trafficking and promotion or facilitation of prostitution;

 

  1. prohibitions of obscenity, non-consensual dissemination of intimate materials (aka “revenge porn”), and other illegal materials, including depictions of sexual activity involving minors, incest, bestiality, violence, rape, torture, or murder;

 

  1. intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of your Content;

 

  1. laws against obscene, lewd, defamatory, or libelous speech; and

 

  1. laws protecting confidentiality, privacy rights, publicity rights, or data protection.

 

  • fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

 

  • access or use Miss Bliss if you are, or are required to be, a registered sex offender in any jurisdiction.

 

  • link to Miss Bliss on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

 

  • share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.

 

  • share Content depicting any person under eighteen (18) years old.

 

  • promote or advertise any Content as depicting any person under eighteen (18) years old, regardless of the actual age of the person(s) depicted.

 

  • share Content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all individuals depicted in your Content are (i) at least eighteen (18) years of age or older, (ii) consent to being depicted in your Content, and (iii) consent to your Content being distributed on Miss Bliss.

 

  • share any unsolicited sexual Content directly with another user.

 

  • share any that sexually objectifies another user in a nonconsensual manner.

 

  • share any Content that encourages, threatens, or suggests another user commit suicide or engage in self-harm.

 

  • share Content with the intent to extort money or other benefit from a third party in exchange for removal of your Content.

 

  • share any employment ads or Content which violates anti-discrimination laws.

 

  • share or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Use.

 

  • use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.

 

  • engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.

 

  • access the accounts of other users.

 

  • engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, or misrepresenting the source, identity, or contents of your Content.

 

  • engage in platform manipulation, such as utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, your Content, or links to third party websites.

 

  • circumvent, disable, damage, or otherwise interfere with the operations of Miss Bliss, any user’s enjoyment of Miss Bliss, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of Miss Bliss, by any means, including sharing, linking to, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

 

  • reverse engineer, decompile, disassemble, or otherwise discover the source code of Miss Bliss or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

 

  • access or use any automated process (such as a robot, spider, scraper, or similar) to access or use Miss Bliss in violation of our robot exclusion headers or to scrape all or a substantial part of Miss Bliss (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

 

  • modify, adapt, translate, or create derivative works based on Miss Bliss, except and only if applicable law expressly permits that activity despite this limitation.

 

  • commercially exploit or make available, mirror, or frame Miss Bliss.

 

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

 

  • attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

 

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Miss Bliss or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate these Terms of Use or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, forfeiture of any non-employee compensation associated with your account, and termination of your account.

 

B. WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING

 

The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Miss Bliss or by sharing links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.

 

C. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION

 

You understand that all individuals depicted on Miss Bliss are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear in any of the user-generated content on Miss Bliss. If you seek any form of child sexual abuse material whether real or virtual (“CSAM”), you must exit Miss Bliss immediately. We do not provide or promote CSAM, and we do not tolerate those who seek to access or share CSAM. In order to further our zero-tolerance policy, you agree to report any suspected CSAM as described below.

 

D. Reporting User-Generated Content and User Activities

 

If you are aware of any user-generated content on Miss Bliss or any user engaging in activities that violate these Terms of Use, please access our Report Abuse form and provide as much detail as possible, including a description of the objectionable user-generated content or the location where they may be found, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable user-generated content or investigate the suspicious activities, and a statement certifying the accuracy of the information you provided to us. 

 

E. Law Enforcement

 

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request. 

 

5. Referral Program

 

A. Participation and Termination

 

If you are a Creator, we may allow you to participate in a referral program (“Program”) to provide marketing services in exchange for non-employee compensation for each new user that subscribes to Miss Bliss and makes purchases (“Referral(s)”) using your personalized referral link (“Link”). By participating in the Program, you accept and agree to comply with this section. You will not market, advertise, or promote Miss Bliss nor any portion of or feature thereon without first actually using Miss Bliss or such portion or feature. We may terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. If you violate any provision applicable to the Program, you forfeit all rights to any unpaid and future non-employee compensation related to your Referrals. 

 

B. Non-Employee Compensation for Referrals

 

If you are a Creator, we may allow you to participate in a referral program (“Program”) to provide marketing services in exchange for payment of non-employee compensation for each new user that subscribes to Miss Bliss (“Referral(s)”) using your personalized referral link (“Link”). Our current non-employee compensation rate for Referrals is posted on our Referral Program page. We may alter this rate from time to time in our discretion without notice and without penalty to us. Any changes to this non-employee compensation rate for Referrals will only be applied to Referrals sent to us after the publication of the change. You agree that you will periodically check the Referral Program page, and your continued participation in the Program manifests your assent to any changes in the rates. We will automatically credit your account with, and issue to you, the non-employee compensation associated with your Referrals according to the general non-employee compensation provisions in the Billing and Payments section of these Terms of Use.

 

C. Channel Information

 

You may market, advertise, and promote Miss Bliss by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channels”), except that you will not market, advertise, or promote Miss Bliss on any Channel where linking to or marketing, advertising, or promoting Miss Bliss is prohibited. You shall be solely responsible for all content, materials, and other information on the Channels (“Channel Information”). You represent and warrant that you own or operate the Channels, that the Channel Information is truthful and not misleading, and that the Channel Information does not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Information, including any duty to review or monitor any such Channel Information. However, we reserve the right to (i) monitor the Channels and the Channel Information, (ii) request free access to any non-public or pay-walled Channel or portion thereof, (iii) prohibit the marketing of Miss Bliss on any specific Channel or any portion thereof, and (iv) require the removal of any Channel Information or any portion thereof. You agree to comply with such requests within twenty-four (24) hours of receipt. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Information or other information appearing on the Channels.

 

D. Grant of Rights

 

We grant you a limited, revocable, non-exclusive right to use our trademarks and service marks (“Marks”) and the Link on the Channels for the purposes of your participation in this Program. You agree that the Marks are and shall remain our property, and that nothing in these Terms of Use conveys to you any right of ownership in the Marks. You will not now nor in the future contest the validity of the Marks. You will not take any action that would impair or diminish the value of, or the goodwill associated with, the Marks, including using the Marks in a manner that disparages or portrays us or our products or services in a false, competitively adverse, or poor light. Your use of the Marks shall inure to our benefit. You will not register any domain name or account on any third-party website that contains or is confusingly similar to any Mark belonging to us, and you agree that, if you do, you will immediately disable the offending domain name or account on any third-party website upon our demand and at your expense, or that, if you fail to immediately do so, you will reimburse us for all fees incurred in order to enforce these obligations, including attorneys’ fees and costs associated with filing a domain dispute complaint.

 

E. Code of Conduct for Program Participants

 

We reserve the right to terminate your participation in the Program at any time and for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of this Code of Conduct for Program Participants, or the other provisions associated with the Program.

 

You must fully comply with state or federal consumer protection statutes, regulations, rules, policies, or advisory opinions. You will notify us of any inquiries or concerns made, accusing you of or investigating you for any activities related to the Referrals that are questionable, illegal, or otherwise violate these Terms of Use. 

 

You will not:

 

  • Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
  • Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that underage or other illegal content may be found on Miss Bliss or the Channel, or otherwise market Miss Bliss or the Channel to pedophiles or those seeking illegal content.
  • Transmit or distribute the Link to any minors or any unwilling adults.
  • Solicit or permit a minor to become a user of Miss Bliss.
  • Use any form of unlawful email promotion to promote the Link.
  • Violate the policies of any third-party website while sharing the Link.
  • Engage in any activities that, in our sole discretion, are harmful to our image, goodwill, or reputation.
  • Attempt to do any of the acts described herein or assist or permit any person in engaging in any of the acts described herein.

 

F. FTC Guidelines

 

At all times, you will comply with all FTC guidelines related to affiliate or “influencer” marketing, including:

 

  • The Channel Information must be truthful and shall not be misleading.
  • You must actually use Miss Bliss before participating in the Program.
  • You must post a clear and conspicuous disclosure on all Channel Information which includes the Link or otherwise promotes or advertises Miss Bliss. This disclosure must be:
    1. close to the claims to which it relates,
    2. include a statement that “I get commissions for purchases made through links in this post” or something similar,
    3. if text, in an easy-to-read font and color that stands out from the background,
    4. if video, on screen long enough to be noticed, read, and understood,
    5. if audio, read at an easily understandable cadence,
    6. if above average results were obtained from use of Miss Bliss, a statement that “I made $X a month, even though the average Creator only makes $Y per month” or something similar, and
    7. if you have a connection to Miss Bliss that your followers would not expect, such as an employment or familial relationship, a statement that “I work for Miss Bliss” or something similar.

 

G. Access to the Channels

 

During your participation in the Program, you agree to provide us with the means necessary to monitor the sources of traffic you send to Miss Bliss, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.

 

6. Dispute Resolution and Damages

 

A. Governing Law and Venue

 

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of the state of Florida, and United States federal law, excluding any conflict of law provisions. Any and all disputes must be, without exception, resolved in Orange County, Florida, and the Parties agree to exclusive jurisdiction and venue therein. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in any manner provided by law if such enforcement becomes necessary.

 

B. Arbitration


If you are a Creator and have a dispute with us arising out of or otherwise relating to this Agreement, you shall confer with us and negotiate in good faith to attempt to resolve the dispute. If you are unable to resolve the dispute with us through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitration award may be enforced in any jurisdiction, under applicable law. Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.


C. Waivers

 

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury. 

 

D. Rights to Injunctive Relief


You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. You stipulate to a finding of irreparable injury in any claim by us for injunctive relief.

 

E. Additional Fees

 

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim against you involving your use of Miss Bliss or any breach of these Terms, or (iii) defend any claim brought by you involving your use of Miss Bliss or any alleged breach of these Terms, then you additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we prevail. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

 

7. Disclaimers

 

A. We Disclaim All Warranties 

 

We provide access to and use of Miss Bliss “as is” and “with all faults.” We make no warranty that Miss Bliss will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of Miss Bliss will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Miss Bliss at any time or remove any or all Materials or other user-generated content thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Miss Bliss or any transaction entered into through Miss Bliss. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

 

B. Use at Your Own Risk

 

You expressly agree that access to and use of Miss Bliss is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Miss Bliss will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or Miss Bliss, specifically. You understand and agree that any Materials or user-generated content accessed on Miss Bliss is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

 

C. Offensive and Adult Content Warning

 

Miss Bliss contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing Miss Bliss if they may deem it offensive, and you agree to cease accessing and using Miss Bliss should you find it offensive. Specifically, you represent and warrant that you are aware that Miss Bliss is an inclusive platform which permits our users to share adult content, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors. Finally, if you are a Creator, you represent and warrant that you are aware that your Content may be viewed by individuals across the world that may recognize your true identity, regardless of any privacy or geofencing features that may be offered by us.

 

D. Parental Controls Notice

 

You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view Miss Bliss, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing Miss Bliss if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep Miss Bliss from being displayed or accessed by your children or wards.

 

E. Registered Sex Offenders and Safety Tips 

 

By accessing Miss Bliss, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to and use of Miss Bliss by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:

 

  • Anyone who can commit identity theft can also falsify an online profile.

 

  • There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.

 

  • Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communicating with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.

 

  • If you choose to have a face-to-face meeting with another user who you met on Miss Bliss, tell a family member or friend where you will be meeting and when you will return. You should not agree to be picked up at your home. Always provide your own transportation and meet in a public place with many people around.

 

F. Fraud and Scam Warning

 

While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Miss Bliss other than through authorized means. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy for you to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on Miss Bliss requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.

 

G. No Endorsement of User-Generated Content

 

You understand that much of Miss Bliss is populated with user-generated content, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated content. You further understand that you may be exposed to user-generated content from a variety of sources. As a result, you may be exposed to user-generated content that is inaccurate, offensive, indecent, or objectionable to some, and you waive any rights or remedies you have or may have against us for this exposure. The user-generated content is subject to screening and moderation by Miss Bliss prior to publication to ensure compliance with these Terms of Use. Please note that we reserve the right to demote or terminate any user and to demote, remove, or refuse to publish your Content, at any time, for any reason, with or without prior notice. 

 

H. Privacy / Security Warning


No website or server is immune to hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Your Content may be illegally recorded by users or third parties, and your Content may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or your Content, and you hereby release us from all liability and claims associated therewith.

 

I. Third-Party Links

 

Miss Bliss may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on Miss Bliss and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to demote or remove any link at any time.

 

J. Violations of Law 

 

Access to and use of Miss Bliss in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any goods or services in violation of any law, your ability to access and use Miss Bliss will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

 

8. Indemnification

 

You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Miss Bliss, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

 

9. Limitation of Liability

 

You acknowledge that we will not be liable to you for user-generated content or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated content or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Miss Bliss including claims relating to the following:

 

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, deepfakes, violation of prostitution or sex trafficking laws, illegal gambling, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Miss Bliss, unavailability of Miss Bliss, its functions and any other technical failure that may result in inaccessibility of Miss Bliss, or any claim based on vicarious liability for torts committed by individuals met on or through Miss Bliss, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder. 

 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

 

You agree that any damages awarded in connection with any claim arising from these Terms of Use shall be limited to the amount paid by you to us within the six (6) months preceding the claim, or one hundred dollars ($100), whichever is less. 

 

We expressly disclaim any liability or responsibility to you for any of the following:

 

  • Any loss or damage of any kind incurred because of the Materials or user-generated content, including errors, mistakes, or inaccuracies thereof or any Materials or user-generated content that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

 

  • Personal injury or property damage of any nature resulting from your access to and use of Miss Bliss.

 

  • Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.

 

  • Any interruption or cessation of transmission to or from Miss Bliss and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through Miss Bliss.

 

  • Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Miss Bliss by any third party.

 

  • Any incompatibility between Miss Bliss and your other services, hardware, or software.

 

  • Any claims arising from identification of you based on your Content, regardless of whether you utilize any of our tools to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.

 

10. Intellectual Property

 

A. Trademarks 

 

Miss Bliss is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Miss Bliss may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

 

B. Copyrights

 

The Materials are our proprietary information and valuable intellectual property. We retain all rights, title, and interest in the Materials. You retain all rights, title, and interest in your Content, subject to the licenses herein. Miss Bliss, the Materials, your Content, and any other user-generated content are protected by copyright law. The Materials and any user-generated content may not be copied, downloaded, distributed, republished, modified, uploaded, shared, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or user-generated content. Modification or use of the Materials or user-generated content except as expressly provided in these Terms of Use violates our intellectual property rights.

 

C. Notification of Copyright Infringement

 

We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Miss Bliss, and we will remove all user-generated content if properly notified that the user-generated content infringes on a third party’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Miss Bliss, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our DMCA Policy

 

11. General

 

A. Entire Agreement

 

These Terms of Use and any other legal notice or agreement published by us on Miss Bliss, form the entire agreement between you and us concerning your use of Miss Bliss. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Miss Bliss. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

B. Policies of Our Service Providers

 

You understand and agree that we may use certain third-party service providers to provide you with access to and use of Miss Bliss. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

 

C. Assignment and Delegation

 

We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

 

D. Severability 

 

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

 

E. Cumulative Remedies 

 

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

 

F. Successors and Assigns 


These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

 

G. Force Majeure 

 

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

 

H. Notices

 

Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Miss Bliss, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at compliance@missbliss.com unless otherwise specified in these Terms of Use. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

 

I. Communications are Not Private

 

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Miss Bliss may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

 

J. Authorization and Permission to Send Emails to You 

 

You authorize us to email you notices, advertisements, and other communications. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

 

K. Consideration

 

We allow you to access and use Miss Bliss, as limited by purchase of certain paid features, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your accessing any portion of Miss Bliss.

 

L. Electronic Signatures

 

You agree to be bound by any affirmation, assent, or agreement you transmit through Miss Bliss. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

M. English Language

 

We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

 

N. Export Control

 

You understand and acknowledge that the software elements of Miss Bliss may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 

 

O. No Agency Relationship

 

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or any formal business relationship other than independent contractor. The rights and obligations of the parties shall be limited to those expressly set forth herein.

 

P. Usages

 

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

 

  • References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time. 

 

  • In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

 

  • References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

 

  • “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

 

  • “Including” means “including, but not limited to.”

 

Q. No Waiver

 

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

 

R. Headings

 

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

 

S. Other Jurisdictions/Foreign Law

 

We make no representation that Miss Bliss is appropriate or available for use in all locations. You may not access or use Miss Bliss from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use Miss Bliss from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

 

T. Service Not Available in Some Areas

 

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use Miss Bliss. ACCESS TO MISS BLISS IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Miss Bliss while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on Miss Bliss, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of Miss Bliss in any jurisdiction.

 

[nothing more follows]



YOLO Media, LLC. Mailing: 1207 Delaware Avenue, #4369, Wilmington DE 19806

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