Welcome to Popatitty (the “Platform”). These Terms of Service (the “Terms”) form a legally binding agreement between you and Popatitty concerning your access to and use of the Platform and related services. By accessing or using the Platform, you agree to be bound by these Terms.
1. Definitions
- Creator: A user who uploads content for others to view.
- Fan: A user who views, purchases, or tips for content.
- Content: Any text, images, videos, audio, graphics, or materials uploaded to the Platform.
- Purchase: A transaction that unlocks access to a specific item of Content.
- Tip: A voluntary transfer of value to support a Creator.
2. Eligibility & Account
- 18+ Only: You must be at least 18 years old to use the Platform, create an account, view, purchase, tip, or upload any Content. Where local law imposes a higher minimum age, you must meet that higher age.
- You are responsible for your account credentials and the activity under your account.
- Provide accurate, current information and promptly update any changes.
3. Creator Content & License
Creators retain ownership of their Content. By uploading Content, you grant Popatitty a non‑exclusive, worldwide, royalty‑free license to host, store, cache, transmit, display, and use the Content solely to operate and provide the Platform and related promotional use of the Platform (e.g., non‑exploitative mockups or listings).
You represent and warrant that you have all rights necessary to upload the Content and that the Content does not infringe any third‑party rights or violate applicable law.
4. Acceptable Use & Prohibited Conduct
- No illegal, infringing, hateful, harassing, or deceptive activities.
- No attempts to bypass payments, rate limits, or security measures.
- No spam, scraping, reverse engineering, or malware distribution.
- Respect others’ intellectual property, privacy, and consent.
- Absolutely no underage content: You may not upload, request, promote, or depict sexual content involving minors or persons who appear to be minors. Content sexualizing youth, “young‑looking,” “barely legal,” or similar fetish content is prohibited. Where applicable law requires age/identity verification and record‑keeping (e.g., performers’ age verification), you must comply.
- AI‑generated and manipulated media restrictions: You may not post deepfakes or synthetic media that depict real people in sexual or explicit contexts without their clear, provable, written consent. You must disclose when content is AI‑generated or materially manipulated. Synthetic depictions of minors or persons who appear to be minors are strictly prohibited.
5. Underage & Age‑Restricted Content Policy
- 18+ Platform: The Platform is strictly for adults (18+) only. Do not attempt to register or use the Platform if you are under 18.
- Sexual content involving minors or persons who appear to be minors is strictly prohibited and will result in removal and potential account termination.
- Do not request or attempt to obtain such content through the Platform.
- Creators are responsible for ensuring all depicted individuals are adults and have consented to be recorded and published; comply with any local record‑keeping obligations.
7. Consent, Non‑Consensual Content, and Zero‑Tolerance Policy
- Consent required: All content must be created, uploaded, and shared with the informed, voluntary, and ongoing consent of every person depicted.
- Non‑consensual content: Any content posted without consent (including image‑based sexual abuse, “revenge porn,” leaks, hacked/secret recordings, up‑skirting/down‑blousing, doxxing, coerced content) is strictly prohibited.
- Deepfakes without consent: Synthetic or manipulated media that depicts real persons in explicit contexts without clear, provable, written consent is prohibited.
- Zero tolerance: We may immediately remove content, suspend payouts, freeze or terminate accounts, and preserve evidence. We may notify or cooperate with law enforcement and impacted parties where legally appropriate.
- Reporting: If you believe content is non‑consensual or unlawful, report it promptly via in‑app reporting or email legal@example.com with links, timestamps, and any supporting details. We prioritize such reports.
- Evidence & appeal: We may request proof of consent and age verification where required by law; lack of adequate proof may result in removal or account action. You may appeal decisions through the channel provided in our communications.
8. Purchases, Tips, Fees & Taxes
- Purchases unlock access to the associated Content for the purchaser’s account. Access may be time‑limited or perpetual as described at checkout.
- Tips are voluntary and generally non‑refundable.
- Creators authorize Popatitty or its payment partners to collect fees and remit payouts as applicable. Fees (including platform fees and processing fees) may change with notice.
- Taxes: You are responsible for any applicable taxes. Popatitty may collect and remit taxes where required by law.
8. Refunds & Chargebacks
Except where required by law, purchases and tips are final. In cases of fraud, abuse, or technical error, Popatitty may, at its discretion, issue refunds or account credits. Chargebacks may result in suspension, reversal of access, and additional investigation.
9. Moderation & Enforcement
We may remove Content or restrict access for suspected violations of these Terms or applicable law. We may suspend or terminate accounts, remove Content, or block transactions to protect users and the Platform.
10. Third‑Party Services
The Platform may integrate third‑party services (e.g., payments, analytics). Your use of those services may be subject to additional terms and privacy policies provided by those third parties.
11. Intellectual Property & DMCA
Popatitty respects IP rights. If you believe your rights have been infringed, send a notice containing sufficient detail (including identification of the work and alleged infringing material, your contact information, and a statement of good‑faith belief) to our designated contact below. We may remove or disable access to the material and, where appropriate, terminate repeat infringers.
12. Disclaimers
The Platform is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non‑infringement. We do not guarantee uninterrupted or error‑free service.
13. Limitation of Liability
To the maximum extent permitted by law, Popatitty will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Platform.
14. Indemnification
You agree to indemnify and hold harmless Popatitty and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your Content, your use of the Platform, or your violation of these Terms.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of your local jurisdiction unless a different governing law is required by mandatory consumer protection rules. Any disputes will be resolved in the courts or via arbitration as required by applicable law. If arbitration is used, you waive the right to a jury trial and to participate in a class action, to the extent permitted by law.
17. Changes to the Terms
We may update these Terms from time to time. If changes are material, we will provide notice (e.g., via email or in‑app). Continued use after the effective date constitutes acceptance.