Content
8.1. Content of the Company
8.1.1 The User acknowledges and agrees that the Platform and any content that the Company posts itself on the Platform or through the Platform including any trademarks, logos and any service names and all associated intellectual property rights, are the exclusive property of the Company and/or its licensors or suppliers. Content of the Company may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. Any authorized use of this Content must follow any guidelines that the Company may provide the User from time to time.
8.1.2 The User may not use any metatags or any other hidden text utilizing “LAVA”, “lava.top Platform” or any other name, trademark, or product, or service name of the Company without the Company’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.
8.2. Content of the User
8.2.1 By uploading/ publishing / making available Content on Platform and/or using Platform in connection with Content, the User represents and warrants that:
The User is the creator and owner of the certain Content or otherwise has sufficient rights and authority to grant the rights specified herein;
(ii) Content at any time comply with these Terms; and
(iii) Content does not and will not:
- violate any applicable law, rule or regulation or infringe on any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- slander, defame, or libel any other person;
- contain any viruses, adware, spyware, worms, or other harmful or malicious code;
- unless the User has received prior written authorization, specifically contains any prerelease or non-public beta software or game content or any confidential information of Company or third parties.
The Company reserves all rights and remedies against any Authors who breach these representations and warranties.
8.2.2 The User shall never upload, post, display, or publish Content on the Platform (“Prohibited Content”), that:
shows, includes, or refers to:
any individual under 18 years old (or which refers to individuals under 18 years old generally); or
any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have written consent from each individual to use their name or images (or both) in the Content;
shows, promotes, advertises or refers to:
firearms, weapons, explosives and materials or any goods wholesale, possession or use is subject to prohibitions or restrictions;
nitrous oxide;
drugs or drug paraphernalia and psychotropic substances, as well as their precursors;
prescription medicines;
fly agaric and mushroom micro dosing;
abortion medical services;
online medical consultations with diagnosis;
self-harm or suicide;
incest;
bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
urine, scatological, or excrement-related material;
“revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on the Platform);
escort services, sex trafficking, or prostitution;
online sexual services;
pictures of real people involved in sexual activities, exposed genitals and other intimate parts of the body and images of sexual intercourse and direct stimulation of the genitals;
realistic sex products and objects of the pornographic industry;
casino, slot machine hall, gambling, including betting or winning in the form of non-monetary property, such as merchandise in online gambling;
earnings that offer a specific income for a specific period, offer guarantees, refer to success stories, or claim to be safe and risk-free;
financial pyramids or calls to participate in them;
advertising, political and campaign materials, unsolicited commercial letters (spam);
on automatic promotion, online value assessment and account selling;
boost likes, views, spam and information dump;
religion, magic and energy medicine;
extrasensory, mysticism and theosophy;
fraud;
materials that have been recognized as extremist.
(i) contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content about another User or anyone else (including “deep fakes”);
(ii) contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
(iii) contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for the Platform including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
(iv) gives the impression that it comes from or is approved, licensed or endorsed by any other person or Company;
(v) is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
(vi) involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without the Company’s prior express consent.
8.2.3 The Author can post Adult Content containing nudity or posts on mature themes on the Platform as long as the Author and Author’s Content comply with these terms, and the Content is marked “For adults 18+” for each element of the Content to hide it from minors. Both nudity and implied nudity as the gimmicky censorship of breasts and genitals, sheer/see-through clothing, and overly sexual poses shall always be marked as Adult Content.
The Author cannot post Adult Content in public areas of the Personal Account including profile picture, or ‘about me’ section. Any Author featuring Adult Content on their Profile cannot offer any Content that is limited to a single User, such as a custom video or audio file specifically created for one User. It is also prohibited to create a Profile with Adult Content for one User. Users can actively participate in the Author’s creative process only for as long as the benefits of your Profile (i.e. its Content) are delivered to a larger group of Users.
8.2.4 The Company takes no responsibility and assumes no liability for any Content posted, stored or uploaded by User or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Platform shall be at your own risk.
The authorized User is solely responsible for the Content to comply with all legal acts.
8.2.5 Enforcement of the Content or conduct rules set forth in these Terms of Service is solely at the Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules.
8.2.6 The Company is not liable for any statements, representations or Content provided by our Users in any public forum, personal home page or other interactive area. Company does not endorse any Content or any opinion, recommendation or advice expressed therein, and Company expressly disclaims all liability in connection with Content.
8.2.7 Although the Company has no obligation to screen, edit or monitor any of the Content posted in any interactive area, the Company reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Platform at any time and for any reason without notice, and User is solely responsible for creating backup copies of and replacing any Content User posts or stores on the Platform at User’s sole cost and expense.
8.2.8 Any use of the interactive areas or other portions of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of the User’s rights to use the interactive areas and/or the Platform. At all times Company reserves the right to delete or block any Content in case of any breach or alleged breach of these Terms of Service, as well as in case of repeated violations - to block the Personal account.
8.3 Co-authored Content:
8.3.1 If the Author uploads Content to the Author account which shows anyone else other than or in addition to Author (even if that person cannot be identified from the Content) (“Co-Authored Content”), Author warrants (which means a legally enforceable promise to Company) that each individual shown in any Co-Authored Content uploaded to Author’s Personal account is:
an Author on the Platform; or
a consenting adult and that Author has verified the identity and age of each such individual and will provide supporting documents as the Company may request at its discretion.
8.3.2 The Author further warrants that the Author has obtained and keeps a record of written consent from each individual shown in the Co-Authored Content that such individual:
has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
has consented to the Co-Authored Content in which he or she appears being posted on the Platform.
8.3.3 The Author must tag the Personal account(s) of any person or people appearing in the Co-Authored Content who can be identified from it if these persons are registered on the Platform.
8.3.4 If any Co-Authored Content is a work of joint authorship, the Author is solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on the Platform.
8.3.5 The Author agrees that the Company will only arrange for the Author’s fee to be paid to the account of the Author to which the Co-Authored Content is uploaded. The Author who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such. Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between the Author and such individual(s), and the Company is not responsible for providing or enforcing any such agreements. User understands and agrees that User is not entitled to any Author’s Fee earned on any Co-Authored Content in which User appears but which is posted on another Author’s account.
8.3.7 If the Author posts Co-Authored Content on the Personal account, the Company may require the Author to provide valid and complete legal information for all individuals who appear in the Co-Authored Content. In the case of the Author`s failure to provide any information upon the Company’s request, the Company may delete the Co-Authored Content, restrict the User’s rights and permissions to post as the Author, terminate the User’s account, and/or withhold all or any portion of Author’s Fee earned but not yet paid to the Author.
8.3.8 User agrees to hold the Company harmless and not to make any claims against the Company arising from Co-Authored Content. User agrees that all claims arising from the Co-Authored Content shall be made against the Author(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
8.4. Each of the parties of the Terms acts as a separate and individual controller of personal data that it processes in connection with the Terms, unless otherwise provided by the Data Processing Agreement
8.5. Each of the parties of the Terms is obliged to comply with the requirements of the applicable data protection legislation when processing personal data.
8.6. The User, when disclosing personal data to the Platform, is obliged to ensure that there is: (a) a sufficient legal basis for the disclosure of personal data to the Platform and further processing of personal data by the Platform and its partners; (b) a notification of data subjects on the disclosure of their personal data to the Platform and the subsequent processing of personal data by the Platform and its partners.
8.7. In the case when the User uploads Content on the Platform, the processing of personal data contained in the Content is also regulated by the Data Processing Agreement, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.