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Terms & Conditions

XSite Bunny

30 N Gould St #50972
Sheridan, WY 82801
United States

760.515.3207

Emails: support@xsitebunny.com, sales@xsitebunny.com, marketing@xsitebunny.com

Contents

  1. About and Certain Definitions
  2. How It Works
  3. Account Registration
  4. Subscriptions and Purchases
  5. Refunds
  6. Twitter
  7. Account Deactivation
  8. Intellectual Property Rights
  9. License
  10. Acceptable Use
  11. User Content
  12. DMCA
  13. Linking to the Website and Social Media Features
  14. Links from the Services
  15. Referral Program
  16. Disclaimer of Warranties; Limitations of Liability
  17. User Indemnification
  18. Governing Law and Dispute Resolution
  19. Waiver, Sever-ability and Assignment
  20. Survival
  21. Entire Agreement
  22. Contact
  23. XSite Bunny Milestone Award
  24. Shipping Policy
  25. Complaints and Appeals

All Explicit Content Must Be Behind A Paywall or it will be deleted.

1. About

1.1 These terms of service, as amended from time to time, are a legal agreement between XSite Bunny, its affiliates and any of their respective successors or assigns (collectively, “XSite”, “Bunny”, “our,” “we” or “us”) and you regarding your use of XSite Bunny website(s) created or controlled by XSite Bunny and currently found at www.xsitebunny.com and its mobile application(s) (collectively, the “Services”). The Services allow Creators to upload photos and videos to their profile, setting a monthly subscription price and therefore earning money from Members.

1.2 These Terms of Service, together with our Privacy Policy and Content Guidelines (collectively the "Terms"), govern your use of the Services, including any content, functionality, and services offered on or through the Services. By registering with and using the Services, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.

1.3 The Services are offered and available ONLY to users who are 18 years of age or older. If we become aware that a XSite Bunny User is underage, we will promptly deactivate that User's account and delete all information and content of that User from the Services. If you are a parent or legal guardian and become aware that your minor-child has registered on XSite Bunny, please immediately notify us at support@xsitebunny.com.

By registering an account with XSite Bunny or using any part of the Services, you represent and warrant that:

If you are using the Services on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.

1.4 We reserve the right to make changes to these Terms at any time and at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. By continuing to use the Services after such notice, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.5 By using the Services you consent to receiving communications from us electronically, including emails and messages posted to your XSite Bunny account, all as more fully detailed in our Privacy Policy. You acknowledge and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent to receiving communications from us at any time, please email support@xsitebunny.com, notifying us of your withdrawal of consent.

1.6 We do not own User Content on the Services and views expressed by Users do not represent the views of XSite Bunny. All User Content transactions and interactions on XSite Bunny are between Users and at no point does XSite Bunny become a party to any transaction or interaction between Users.

1.7 We reserve the right at any time and without notice to:

1.8 From time to time, we may restrict access to some parts of the Services, or the entire Services.

1.9 As used in these Terms, the terms below have the following meaning:

1.10 Storage and Maintenance of Non-Earning Content

If a user's page does not generate monthly earnings, XSite Bunny reserves the right to charge .35CR per piece of content stored on our servers. This fee will be deducted from the user's credit balance. If the user does not maintain a sufficient credit balance to cover these charges, XSite Bunny may delete the content from our servers without further notice. It is the user's responsibility to ensure their account remains active and in compliance with this policy.

2. How It Works

2.1 The Services are a social media platform that let you create a User profile, which in turn allows you to:

3. Account Registration

3.1 To register and create an account, you must provide a valid email address, a username, and a password. It is a condition of your use of the Services that all the information you provide is correct, current, and complete.

3.2 You agree that all information you provide to register with these Services or otherwise upload to the Service and/or provide to XSite Bunny, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.3 If you are looking to subscribe to certain Creators you will need to add a payment method. When adding a payment method, your payment information may be stored by a Payment Processor. XSite Bunny does not store any payment information.

3.4 If you are a Creator, you will need to add a Personal or Business Checking Account and upload a valid form of ID. You may also need to submit additional legal information, such as a 1099 if you are a resident of the United States of America (the exact information required will depend on your country). All Revenue directly attributable to your Creator account, less the Commission, will be paid into your Personal or Business Checking account. There will be a $6 processing fee when we do a payout to your bank account each time; if you are an international creator the processing fee is $6. You have to make a minimum of $600 to receive a payout, and as an international creator you have to make $600. Also, if you have 60 items on your page and are not maintaining $1,200 in monthly sales you will receive a warning that your account will be deleted in 30 days if you don't hit that minimum.

3.5 By registering for the Services, you confirm that:

3.6 You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and to immediately notify us at support@xsitebunny.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

3.7 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

3.8 YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF XSITE BUNNY.

3.9 If you are not active on your account as a creator, your account will be taken away, and all funds will be transferred to XSite Bunny. You can request access to your account by sending an email to support@xsitebunny.com. Payments that were forfeited will not be sent to you. Once you are back in good standing with us, future funds will be sent to your preferred payment method.

4. Subscriptions and Purchases

4.1 The charge on your bill will appear as "XSite Bunny." To access a Creator's content on XSite Bunny, you must first add a payment method to your account and then click the 'Subscribe' button on that Creator's profile. All purchases are final and non-refundable. However, you may cancel your subscription at any time by turning off the 'Auto-Renew' switch located under the relevant Creator's profile or by contacting us at support@xsitebunny.com, which will allow you to access the Creator's profile until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.

4.2 Depending on your use of the Services, the Payment Processor will take monthly payments or will take payments for ad hoc purchases such as each Member Interaction. However, as noted above, you may cancel the monthly payments at any time by turning off the 'Auto-Renew' switch located under the relevant Creator's User Content profile or by contacting XSite Bunny at support@xsitebunny.com.

4.3 XSite Bunny will take payment of the Revenue from the Member and hold the Commission in XSite Bunny's capacity as the agent for the Creator. XSite Bunny, through one of its Payment Processors, will remit funds attributable to the Creator, to the Creator, on a monthly basis. XSite Bunny has the right to hold funds earned by the Creator for any reason, including investigation of excessive Chargebacks or possible fraudulent activities.

4.4 Taxes and Processing Fee

When you purchase on XSite Bunny, there will be a tax of 9.98% and a processing fee of 20.02% on all purchases.

5. Refunds

5.1 All purchases made via the Services when it comes to refund requests are handled on a case by case basis. You are entitled to cancel any subscription, for any reason and at any time, thereby ensuring that you will not be billed again for that subscription.

5.2 If XSite Bunny is alerted that a Member has sought and received a Refund or Chargeback, XSite Bunny will take additional actions. Any purchase of the right to view User Content or to use Member Interaction which is subsequently subject to a Refund or Chargeback may result in the User's account being immediately and permanently excluded from XSite Bunny. The Refund or Chargeback amount may, in XSite Bunny's sole discretion, be removed from the earning Creator's income. The Creator may be alerted to the Member Refund or Chargeback.

5.3 If you are banned from our platform for breaking any of our rules and you have a balance, you will forfeit that balance, and if you have slandered us we will take legal action against you.

5.4 Refunds on items purchased in the online store when it comes to refund requests are handled on a case by case basis. You can request an exchange if you don't like the item you have purchased. You, the customer, are responsible for any fees for items you want to return. The items must be unopened and with labels and original tags or you will not get a refund. Items need to be returned within 7 days after receiving for a refund.

6. Twitter

6.1 XSite Bunny will not allow Users to connect a Twitter account or any other social media companies to XSite Bunny.

7. Account Deactivation

7.1 If you are a User and wish to deactivate your XSite Bunny account, please contact XSite Bunny customer support at support@xsitebunny.com to submit your deactivation request. We will deactivate your account within 3 working days after receiving your request.

7.2 If you are a Creator and wish to delete your account, you can contact support in your DM. We will deactivate your account within 3 working days. "Legacy Content" locked in messages will still be available for purchase to users that were sent the content prior to deletion. All earnings from Legacy Content will be forfeited.

8. Intellectual Property Rights

8.1 The Services (less User Content) and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material obtained from the Services (e.g. User Content), except as follows:

8.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services, including User Content, in breach of the Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of User Content in a manner not expressly authorized by these Terms may constitute copyright infringement, entitling XSite Bunny and/or the Creator to exercise all rights and remedies available under copyright laws around the world. You will be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition, you agree that if you violate these Terms, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages of $3,000 for each day you engage in such violations — aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting User Content for any purpose without our express written consent. You agree that these amounts are (1) a reasonable estimate of our damages, (2) not a penalty, and (3) not otherwise limiting on our or the Creator's ability to recover under any legal theory or claim.

XSite Bunny employs tracking technologies on the User Content uploaded via the Services to ensure and monitor compliance with these Terms, including, but not limited to, the use of perceptual hashing technologies.

8.4 Other than as detailed herein, no right, title, or interest in or to the Services or any content on the Services, including User Content, is transferred to you, and all rights not expressly granted are reserved by us or our licensors. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

8.5 The XSite Bunny name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

9. License

9.1 Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Services and to download and install a single copy of the XSite Bunny app on your desktop and mobile devices for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of the Services other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us and our licensors.

9.2 We do not warrant that the Services are compatible with all devices and operating systems. It is your sole responsibility to determine whether or not the Services are compatible with your device. From time to time we may make updates to the Services and will make such updates available through the website and/or applicable app store.

10. Acceptable Use

10.1 We require that all Users respect and comply with our acceptable use policy, at all times, when using the Services.

10.2 You may not:

10.3 Any User Content posted that is reported by another User or XSite Bunny, and that is deemed unacceptable by XSite Bunny, will be deleted and the User notified via email. Users who repeatedly violate our acceptable use policy may be deactivated.

11. User Content

11.1 By creating and publishing User Content on the Services, you are granting XSite Bunny an exclusive license to publish all such User Content. Further, you, via the Services, are authorizing your Members to access and view (without downloading or copying) your User Content via the Services for their own lawful and personal use. You also represent, warrant and undertake that:

11.2 If you submit, transmit, display, perform, post, or store User Content using the Services, you grant XSite Bunny and its sub-licensees, to the furthest extent permitted by applicable law (including in perpetuity where permitted), an unrestricted, worldwide, irrevocable, fully sub-licensable, exclusive (but only to the User Content), and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any form, format, media, or media channel now known or later developed; to use the name, identity, likeness, and voice you submit in connection with such User Content; and to register any such User Content with any copyright organization and/or enforce any rights in and to the User Content on behalf of the owner.

11.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, including its legality, reliability, accuracy, and appropriateness.

11.4 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user. To the furthest extent permitted by applicable law, you agree that XSite Bunny shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and you release and forever waive any claims you may have against XSite Bunny for such unauthorized use.

THE SECURITY MEASURES USED BY XSITE BUNNY ARE PROVIDED "AS-IS" AND WITH NO WARRANTIES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS.

11.5 Upon signing up as a Creator, you also agree to act as custodian of records for the User Content that you upload to the Services and you agree that you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.

11.6 If you send us creative suggestions, ideas, notes, drawings, concepts, or other information ("Submissions"), such Submissions shall be deemed and shall remain the property of XSite Bunny in perpetuity, with a royalty-free, perpetual, irrevocable, non-exclusive right and license granted to us to use, reproduce, modify, adapt, publish, translate, and distribute such material for any purpose we choose, without compensation, credit or notice. The sender waives all "moral rights" in all Submissions and waives the right to make any claims against XSite Bunny relating to unsolicited Submissions.

11.7 Any questions regarding User Content can be addressed by emailing support@xsitebunny.com.

12. DMCA

12.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) ("DMCA"), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate, terminating the account of the User who published the content.

12.2 To notify us of claimed copyright infringement, please contact our customer support team by email at support@xsitebunny.com — the Designated Agent.

12.3 Under the DMCA, a notification of claimed copyright infringement must include:

12.4 If we remove or disable access to your User Content in response to a DMCA notification, we will make reasonable efforts to notify you, and you may submit a counter-notification in writing to our Designated Agent.

12.5 A DMCA counter-notification must include:

12.6 If we receive a proper counter-notification, we will notify the party alleging infringement and may reinstate your content within 10 business days, unless that party notifies us that it has filed a court action against you.

12.7 Under the DMCA, any person who knowingly makes material misrepresentations in a notification or counter-notification may be liable for damages.

13. Linking to the Website and Social Media Features

13.1 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link suggesting any form of association, approval, or endorsement on our part.

13.2 The Services may provide social media features that enable you to:

13.3 You may use these features solely as provided by us. You must not:

13.4 You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

13.5 We may disable all or any social media features and any links at any time without notice at our discretion.

14. Links from the Services

14.1 If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party websites via links in the Services, you do so entirely at your own risk.

15. Referral Program

15.1 Every Creator with a XSite Bunny account has a unique referral URL that allows them to earn income from any other Creator who signs up via their referral link. To ensure the referral is successful, the new Creator must register using the same browser used to click the referral link.

15.2 XSite Bunny will pay the referring Creator 1% of all total Revenue earned by the referred Creator, for the lifetime of the referred Creator's page, processed every two weeks. This referral income is deducted from the Creator fee.

15.3 For a User to be successfully added to another User's referral program, that user must sign up via a unique referral URL. XSite Bunny will not add a user to a referral account if that user did not sign up via the correct referral link.

16. Disclaimer of Warranties; Limitations of Liability

16.1.1 To the fullest extent permitted by law, the Services are provided AS IS and without warranties of any kind, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We do not warrant the accuracy, usefulness, completeness or reliability of the Services or the results of your use of them, and disclaim all liability arising from reliance placed on the Services by you or any visitor. We do not guarantee the Services will be available at any particular time, secure, uninterrupted, or error-free, or free of harmful components. Your use of the Services is solely at your own risk.

16.1.2 XSite Bunny does not guarantee uninterrupted or error-free use of the Services twenty-four hours a day, since maintenance may be required from time to time. We will use reasonable efforts to carry out maintenance outside of business hours (between 09:00 and 17:00 USA PST) and to give reasonable notice where possible.

16.1.3 In no event shall XSite Bunny be liable for any indirect, incidental, exemplary, special, punitive or consequential damages arising out of or related to your use of (or inability to use) the Services, nor shall XSite Bunny be liable if your User Content is illegally distributed by another User. If such distribution occurs, please contact us at support@xsitebunny.com so we can take steps to prevent it prospectively.

16.1.4 In no event shall our total and aggregate liability to you exceed one hundred dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.

16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such case, our total liability shall be limited to the maximum extent permitted by law, or one hundred dollars ($100.00) if no amount is specified.

17. User Indemnification

17.1 By using the Services, you agree to indemnify and hold harmless XSite Bunny, its affiliated companies, and each of our third-party providers, employees, agents, stockholders, officers, directors, representatives, successors and assigns from any claims, demands, damages, liabilities, losses, costs and expenses (including reasonable attorneys' fees) arising out of:

17.2 You agree to promptly notify XSite Bunny of any third-party claim. XSite Bunny reserves the right, at your expense, to assume exclusive defense and control of any matter you are required to indemnify us for, and you agree to cooperate with our defense.

18. Governing Law and Dispute Resolution

18.1 These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, and any dispute concerning XSite Bunny or arising out of or related to these Terms shall be resolved exclusively in the courts of the State of Wyoming, USA.

YOU AND XSITE BUNNY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU ACKNOWLEDGE AND AGREE THAT YOU AND XSITE BUNNY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law.

18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning XSite Bunny or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

19. Waiver, Sever-ability and Assignment

19.1 No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.2 If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

19.3 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by XSite Bunny without restriction. Any assignment attempted in violation of these Terms shall be void.

20. Survival

20.1 Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

21. Entire Agreement

21.1 The Terms constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

22. Contact

If you have any questions, comments, complaints or concerns about XSite Bunny and/or the Services, please contact our support team at support@xsitebunny.com.

You may also call us at (323) 690-1975, or send a physical letter to:
XSite Bunny Legal Department
30 N Gould St #50972
Sheridan, WY 82801
United States

23. XSite Bunny Milestone Award

To be eligible for a Creator Award, you need to meet the following guidelines. Pass a specific subscriber milestone:

Additional requirements:

Creator Awards are given at XSite Bunny's discretion, with each page carefully reviewed to confirm criteria are met. Awards are for personal use only and may not be sold or distributed to anyone outside your page team. Violating this policy may result in forfeiture of the award and prize money, ineligibility for future awards, and possible termination of your XSite Bunny account.

24. Shipping Policy

Items are shipped within 3 business days. Estimated shipping time:

24.1 We want to make sure you are aware of our policy regarding used clothing before you make a purchase. At times, we may offer used clothing items for sale on our platform. We strive to accurately represent the condition of all items listed, but please note used clothing may show signs of wear, such as discoloring or tears; all used clothing is laundered before shipping.

If you receive an item that is not as described, please contact us within 48 hours of receiving the item so we can work to resolve the issue. We do not offer refunds or exchanges for used clothing items unless they are significantly different from the item description or arrive damaged. We encourage you to carefully review the item description and photos before making a purchase.

25. Complaints and Appeals

25.1 Complaints

If you would like to file a complaint, please contact our company complaints department via support@xsitebunny.com (a dedicated Support Ticket page is coming soon). All complaints will be reviewed and addressed within 7 business days via email reply to your complaint. We will, in accordance with these Terms and Conditions, decide the validity of the complaint. After the decision has been made, the user may appeal the decision within 48 hours. Once the final decision is made, any infringing, illegal, abusive or otherwise inappropriate content will be removed.

25.2 Appeals

If you have been depicted in any content and would like to appeal removal of such content, please notify us by email at support@xsitebunny.com. If there is a disagreement regarding an appeal, we will allow the disagreement to be resolved by a neutral body.

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