Jetwild Terms and Conditions
JET BILLING D.O.O.
Last updated: September 8, 2023
Welcome to Jetwild, the new, safe and secure platform that combines the best bits of adult fan content platforms and mainstream social media, and allows users to safely store and backup their content on the web. These Terms and Conditions set out the terms and conditions under which You (refers to Users, Models and Agents) may access and use our website available at https://jetwild.dev/ and all related subdomains (collectively, the "Websit") and all content, features, services and/or products available on or through the Website (collectively, the "Services").
The Services are offered to You subject to your acceptance, without modification, unless otherwise stated herein, of all of the terms and conditions contained herein and all other operating rules, policies, additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available on or through the Services (the "Guidelines") and any future modifications thereof, and procedures that may be published from time to time on the Website or made available to You on or through the Services (collectively, the "Agreement").
The Agreement is a legally binding agreement between You and Jetwild (together herein referred to as "Jetwild", "we", "our", "us"). By accessing, browsing, registering for and/or otherwise using the Services, You acknowledge that You have read, understood and agree to be bound by the Agreement. If You do not agree with the Agreement, either partly or fully, do not access, browse, register for and/or otherwise use the Services.
The following definitions shall have the meanings as follows:
Account - The primary means for accessing and using the Services.
User - Any person using the Services in accordance with the provisions of this Agreement (Model/Agent).
Model - A User who has set up their Jetwild account as a Model account to post Content on Jetwild to be viewed by other Users.
Agent - A User who represents Models, who has set up their Jetwild account as an Agent account and who has insight and can manage the Model is activities on Jetwild.
User Data - All information submited or uploaded by the User (Model/Agent) to theServices.
Content - Any material uploaded to Services by any User (Model/Agent), including any photos, videos, audio, livestream material, data, text, metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
Confidential Information - All information disclosed by You to Jetwild or by Jetwild to You which is in tangible form and labeled "confidential" or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including, but not limited to, information relating to Jetwild is security policies and procedures. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of this Agreement or another valid agreement between the parties; or (d) was or is independently developed by the receiving party without use of the disclosing party is Confidential Information.
Website - Collection of various related web-resources, web-pages and multimedia content that are identified with the domain name of https://jetwild.dev/, as well as all related sub-domains.
Terms Of Service - (also called "Agreement") means the legally binding agreement between you and Jetwild.
JET BILLING D.O.O./JETWILD - JET BILLING D.O.O. is a legal entity registered under the laws of Croatia with registration number 05805996, OIB number 10340199269 and having its registered seat at Grma 23, 21330 Gradac, Croatia.
2. ACCEPTANCE OF AGREEMENT
2.1. Conditions for Acceptance. The use of the Services is subject to acceptance of the Agreement. To accept the Agreement You:
as an individual must:
• be at least 18 years old, or of the legal age within the jurisdiction in which you reside;
• have the legal capacity to enter into this Agreement.
acting on behalf of a legal entity warrant and represent:
• that You have the authority to bind the legal entity to the Agreement;
• that legal entity on which behalf You are acting is duly incorporated and in good standing.
2.2. Acceptance of Agreement. The Agreement is accepted by You, as soon as one of the following occurs:
• upon the moment of gaining access to those Services and parts of the Website which is not dependent on creating an Account; or
• upon the moment of registering the Account on the Website.
3.1. Description of the Services. Jetwild is a web application that allows users to publish their content onto several different platforms with ease. This is made possible through the use of Services whose content and list of categories is determined by Jetwild and which is subject to change at any time, with prior timely notification of users.
3.2. Technical Requirements. Some of the Services may be available to You through a compatible desktop or mobile device, may require Internet access and/or additional software to be installed. You acknowledge and agree that You are solely responsible for these technical requirements.
3.3. Updates to the Services. Jetwild may in its sole discretion and at any time update or modify the Services, discontinue, temporarily or permanently, providing the Services or any part thereof, including without limitation for technical reasons, security issues, legal requirements, or business reasons, with or without notice to You. Jetwild may also perform maintenance of the Services from time to time which may result in interruptions, delays or errors in the Services. You acknowledge and agree that any maintenance, modification, suspension or termination of the Services may be effected without prior notice, although Jetwild will endeavor to provide such notice whenever feasible. You acknowledge and agree that Your continued use of the Services after the date of changes to the Services indicates Your agreement to such changes. If Jetwild discontinues providing the Services or any part thereof, any User using the Services on a paid subscription basis will receive an applicable pro-rated refund.
4. RIGHT TO USE SERVICES
4.1. Licence Grant. Jetwild hereby grants You a personal, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the Services during the term of the Agreement in accordance with the terms and conditions of the Agreement. Jetwild reserves all rights, title and interest, including, however not limited to, all intellectual property rights, in and to the Services and the underlying technology used to provide the Services, including without limitation all software and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof and all research and development and experimental development in respect thereto ("Technology"). Except for rights expressly granted to You under this Agreement, no other rights are granted by implication, estoppel or otherwise. You acknowledge that only Jetwild shall have the right to maintain, enhance or otherwise modify the Services and Technology unless specific permissions are granted to You in a separate prior written agreement with Jetwild.
4.2. License Restrictions. You shall use the Services solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, You explicitly agree that You shall not, either directly or indirectly:
• disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, timeshare, let, rent, give somebody the loan of, or sub-authorize any element of the Services, unless otherwise is explicitly specified in the Agreement;
• modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on Technology, undertake any benchmark trials using all or any part of the Technology, or in any other way try to procure the human decipherable form of the Technology, except to the extent expressly agreed upon in writing by Jetwild with You or to the extent the foregoing restrictions are expressly prohibited by applicable laws notwithstanding a contractual provision to the contrary;
• circumvent any user limits or other use restrictions that are built into the Services;
• breach, override or otherwise circumvent any authentication or security mechanisms;
• remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the Services;
• indulge in any actions with the Services that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of Jetwild or any related third party;
• transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through the use of the Services; or
• use the Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.
5. SUBSCRIPTION AND PAYMENT TERMS
5.1. Subscription Types. In order to have access to the Services, You must sign up for a free account or one of our subscription packages. Each subscription package comes with a fixed set of features and functionality.
5.2. Discounts on Subscriptions. We may decide, in our sole discretion, to offer from time to time pricing discounts to You for promoting the Services. Jetwild reserves the right to modify the conditions for offering discounts or to cancel or cease offering discounts at any time in our sole discretion.
5.3. Cancellations and Refunds. If You cancel a Subscription You will continue to have access to the Services until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions and your Subscription status will be changed to a free account. In situations where this is approved by Jetwild, refunds will be made through Support ticketing system.
5.4. Taxes. The User will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income, including, however not limited to, Value Added Tax (VAT).
5.5. Payment Terms. Payment is made in allowed only by credit card at this time.
6.1. Account Registration. You may be required to register with the website, by creating an Account. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
6.2. Security. You must provide accurate registration information, including, without limitation, name and email address. You acknowledge and agree that it is Your sole responsibility to secure the credentials used to access the applicable account within the Services. The User is solely responsible for all activities and actions carried out when using the Services. The User must immediately contact us at firstname.lastname@example.org in case of suspected unauthorized access to the account.
7. USE OF PERSONAL DATA
8. USER DATA
8.1. In General. Jetwild is not responsible for any materials uploaded, posted or stored through Your use of the Services ("User Data"). You must ensure that the transfer and processing of User Data is lawful. Jetwild encourages You to keep records of your account information and ensure such information is updated to allow us to provide the User with all required and appropriate warnings, information and disclosures, including, however not limited to, notifications or warnings where an account appears to have been compromised. You represent and warrant that You have the right to make any User Data provided to us available for the intended purposes and that such use and storage by us of such User Data will not infringe any third party rights.
8.2. User Data Ownership. Subject to the terms and conditions of the Agreement, the User grants us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display User Data only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by the User.
8.3. Conduct and Content Rules. In using the features of the Services, You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including, however not limited to:
• uploading, posting, emailing, transmitting or otherwise making available any content:
a) that is unlawful, harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any other person's rights, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local or foreign law;
b) that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
c) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d) which is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of direct solicitation;
e) that contains any virus, Trojan horse, worm or any other disruptive or harmful computer code, files, programs, software or data designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f) that could harm minors in any way;
• impersonating any person or entity or falsely stating or otherwise misrepresenting Your affiliation with a person or entity;
• forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Services;
• intentionally or unintentionally violating any applicable local, foreign or international law.
9. THIRD-PARTY SERVICES
9.1. Partners. Jetwild can provide access to its Users to the community of experts, technology partners and legal advisors ("Partners"). Jetwild does not bear any responsibility for the services provided by such Partners. Jetwild expressly disclaims any representation, warranty or liability relating to the services provided to the User by our Partners liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss the User may suffer arising out of such the use of such services, or reliance upon such services. All services offered by our Partners are sold by independent third parties with whom You will have a direct contractual relationship. You acknowledge that Your engagement of our Partners shall be at Your own risk.
9.2. Other Third Party Services. The Services may include links to, or otherwise direct Your attention towards, websites, services, features, or products operated or offered solely by third parties (collectively, "Third Party Services"). Such links and information are offered solely for informational purposes and convenience. The inclusion of any link does not imply an association, support, endorsement, consent, examination, or authentication by Jetwild of such third party or Third Party Services (including without limitation to any content made available within such Third Party Services).
9.3. No Liability for Third Party Services. Jetwild shall not be liable for the information and content contained in any Third Party Services or for Your use of or incapacity to use such Third Party Services, and Jetwild expressly disclaims any liability for them. Access to any Third Party Services is at Your own risk, and You must be aware of the fact that Third Party Services are governed by terms of service and privacy policies different from those of Jetwild. You acknowledge and agree that the third party, and not Jetwild, is entirely liable for the delivery and performance of the respective Third Party Services.
10. DISCLAIMER OF WARRANTIES
10.1. "As Is" Basis. Except as specifically set forth in this Agreement and any other applicable terms of service that govern use of the Services, Jetwild offers the website and services on an "as is" and "as available" basis and does not accept responsibility or liability for any use of or reliance on the Website, the Services or any information provided through the Services, or for any disruptions to or delay in the provision of the Services. Jetwild makes no warranties or representations, express, statutory or implied, as to the quality and accuracy of the Website, the Services or any information provided through the Services, and we disclaim any implied warranties and representations to the maximum extent permitted by applicable law. Furthermore, we do not make any representations as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, error-free nature, compatibility, security, data loss, non-interference with or non-infringement of any intellectual property rights, or fitness for a particular purpose of the Website, the Services or any information provided through the Services to the maximum extent permitted by applicable law.
10.2. No Guarantee of Security. Jetwild does not guarantee the adequacy of the Services or compatibility and security thereof to Your computer equipment and do not warrant that the Services, their infrastructure or any emails or communications transmitted via the Services will be free of viruses or secure against hacking attacks.
10.3. Exclusion of Warranties. If the applicable law does not allow the exclusion of some or all of the above warranties to apply to You, the above exclusions will apply to You to the fullest extent permitted by applicable law.
11. LIMITATION OF LIABILITY
11.1. Limitation of Liability. To the maximum extent permitted by applicable law, Jetwild shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for, relating to or arising from (a) loss of profits, (b) failures of telecommunications, the internet, electronic communications, (c) corruption of data, (d) breach of security, (e) loss or theft of data, (f) viruses or spyware, (g) loss of business revenue or investment, (g) use of software or hardware that does not meet Jetwild's systems requirements, (h) damage to goodwill, data or other intangible losses, or (i) resulting from: (i) the use of or the inability to use the Services; (ii) unauthorized access to or alteration of the personal data shared via the Services; (iii) conduct of any third party on our Website. The above limitations apply even if Jetwild have been advised of the possibility of such damages. Notwithstanding anything to the contrary herein, Jetwild's aggregate liability to You or any third party for all claims relating to this Agreement, however arising, shall at all times be limited to the amount the User paid for the Services during the twelve (12) months prior to such claim or, in all other cases when the Services are used for free, to 100 euros (EUR). You understand and agree that absent Your agreement to this limitation of liability, Jetwild would not provide the Services to You.
11.2. Adult material. You acknowledge that you are aware that some of the Content on Jetwild contains adult material, and you agree to take this into account when deciding where to access and view Content. Jetwild will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
11.3. Your content. Our Services allow you to store or share your content (User data) or receive material from others. We don't claim ownership of your content. Your content remains your content and you are materially and criminally responsible for it to the full extent.
12.1. Indemnification. You agree to indemnify, hold harmless and defend Jetwild, its managers, members, directors, employees, agents, or affiliates (collectively, the "Indemnified Parties") at its expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) User Data uploaded by You, (iii) Your use of the Services, and (iv) any unauthorized use of the Services, including, however not limited, infringement of intellectual property rights or any other rights of third parties. In such a case, the Indemnified Party or Parties will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim.
13. INTELLECTUAL PROPERTY RIGHTS
13.1. Jetwild Intellectual Property. All right, title and interest in and to the Services, the underlying Technology, and all intellectual property rights therein including, however not limited to, information and content on the Website, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, and files, are and will remain with Jetwild and its licensors. Jetwild, jetwild.dev, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Jetwild. Jetwild does not grant You any right or license to use, copy or reproduce any Jetwild’s trademarks.
13.2. Your Intellectual Property. User owns and retains all rights to the Content uploaded through the service by the said User. This Agreement does not grant Jetwild any ownership rights to Content. You grant permission to us and our licensors to use the Content only as necessary to provide the Services and as permitted by this Agreement.
13.3. Third Party’s Intellectual Property. All trademarks that do not belong to Jetwild are used and placed on the website purely for informational purposes. Jetwild does not use third-party trademarks for its own commercial purposes but may provide visitors to the website with the convenience to search for information about trademarks owners.
14. CHANGES TO THE AGREEMENT AND SERVICES
14.1. Changes to the Agreement. Jetwild reserves the right to change this Agreement at any time in its sole discretion. If Jetwild decides to change this Agreement in the future, Jetwild will post an appropriate notice at the top of this page and/or give reasonable advance notice to the Users through the Services or by other means (e.g., via email notification). Any non-material change (such as clarifications) to this Agreement will become effective on the date the change is posted and any material changes will become effective 30 days from their posting on the Website. The date of the last update of this Agreement is set out at the top of this document. You acknowledge and agree that Your continued use of the Services after the date of changes to this Agreement indicates Your agreement to such changes.
15. TERM AND TERMINATION
15.1. Term and Termination. Agreement becomes effective when You start using the Services and remains in force until terminated by either party. The User acknowledges and agrees that Jetwild in its sole discretion and without notice may suspend or terminate this Agreement, the User's Account or use of the Services, and remove and discard any Content within the Services for any reason, including if Jetwild reasonably believes that You have violated any provisions of this Agreement. The User further acknowledges that Jetwild may terminate any Account that is inactive for more than 24 months and Jetwild shall not be liable to the User or to any other person as a result of any such termination.
16. GOVERNING LAW
16.1. Governing Law. You agree that this Agreement shall be governed by, and construed in accordance with, the laws of EU and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Croatia.
17.1. Relationship of Parties. The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the You and Jetwild, and the You shall not represent to the contrary, whether expressly, by implication, appearance or otherwise.
17.3. Severability. If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable; failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon You.
17.4. Assignment. You cannot, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer any or all of Your rights or obligations under this Agreement to anyone without prior written approval of Jetwild. However, Jetwild at its sole discretion may assign or transfer this Agreement without the User’s consent to: (i) an affiliate; (ii) a company through a sale of assets by Jetwild; or (iii) a successor by merger. Any assignment that is in contravention of this Agreement shall be considered void.
17.5. Non-Waiver. No failure or delay on the part of Jetwild in exercising any right, power or remedy pursuant to this Agreement shall operate as a waiver thereof, and no single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof, or the exercise of any other right, power or remedy.
17.6. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
17.7. Governing Language. The original language of this Agreement is English. Jetwild may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
18. CONTACT US
18.1. Contact Information. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: