Terms of service

evideo.red and evideo.live

Please be advised that the regulations below are the translation of the original version in Polish language, appropriate for the place of service. The original regulations can be found at https://evideo.red/regulamin. Website administration is not responsible for any errors in translation. 

By using the websites available at https://evideo.red (“evideo.red”) and https://evideo.live (“evideo.live”) with subpages, hereinafter referred to as “eVideo” or “websites”, you are subject to any published policies, community guidelines, statements or policies, including our terms of use and our privacy policy. Through the rules listed on the sites and under the conditions set out in these terms of use of the sites, site users obtain permission to view or share video and photo files.

The user of eVideo services declares that he has read the following rules and provisions and accepts them, which is the basis for the use of shared websites.

1. Access

By accessing eVideo, you confirm that:

  • you are at least 18 years of age or of legal age according to the law of your place of residence;
  • you know and understand that the materials on the shared pages contain explicit presentations of nudity and sexual acts; that you know this kind of material; that this type of content doesn’t offend you; and that by agreeing to these terms of use of the websites, you guarantee that you intentionally and intentionally seek access to explicit sexual material for personal use;
  • you will use the shared sites only for personal and non-commercial purposes;
  • you will not download, copy or distribute any part made available for commercial purposes;
  • you will not share or send any materials that do not comply with applicable law and you are aware of criminal liability for the use of such activities.

2. Registration

To access some resources offered through eVideo, you may be asked to create a user login account.

In connection with the creation of the user login account, he agrees to provide information about himself according to the account registration form. In justified cases, you may be asked to complete your information. We reserve the right to suspend or delete incomplete user accounts.

During registration, we will ask you for your email address, username, gender and password that you will use to log in to our website. In addition, after registration you will be able to voluntarily supplement this data with such information as country, city, sexual orientation, preferences and other data used to present your own profile among other eVideo users.

3. Data collection and processing

a) Data collection

In addition to the data required for registration on eVideo services, we collect information such as:

  • automatically saved visit data such as IP address, domain, browser type and operating system;
  • contact details such as email address, first name and others provided by users in forms on eVideo websites.

*Data collected during the transaction through payment gateways are processed by external operators such as dotpay, paypal etc.

b) Use of data

We use the data collected during registration and use of eVideo services in accordance with the following purposes and principles:

  • to use websites and perform additional contracts, including consideration of complaints;
  • for marketing purposes, provided your express and separate consent has been given, we will also process your data for marketing and promotional purposes regarding services offered by eVideo services and external partners;
  • for billing purposes arising from legal obligations;
  • data collected in the course of correspondence between you and our website will be used only to respond to your inquiry;
  • in the event of a violation of our website regulations, a violation of the law, or when required by law, we may disclose your data to the judicial authorities.

c) Data modification

Data stored on the website can be changed:

  • After logging in to the panel of the site https://evideo.red and selecting the Profile section, then Settings, you can make some changes collected during registration and used to log into the system, as well as information provided for presentation purposes inside websites.
  • The data used for the purchase transaction will be stored in accordance with the law on accounting and the taxpayer’s obligations to disclose sources of income, the possibility of their removal is possible to the extent that this does not violate legal obligations.
  • Each user has the right to delete and modify their personal data in accordance with applicable law and the principles described in point g) of these terms of use – “User rights”.

d) Data security

  • Data of eVideo users are encrypted using SSL.
  • Our databases are protected from being viewed by third parties.
  • All passwords are secured in a way that prevents them from being read.
  • Services use external security features such as a firewall to block attempts to capture data.
  • eVideo users agree with the statement on the awareness of the risk related to the possibility of data theft by third parties, or technical failures and errors that may lead to uncontrolled sharing of data stored on evideo.red and evideo.live. Acceptance of these terms of use of websites is associated with a simultaneous disclaimer regarding possible claims caused by such situations.
  • By accessing eVideo services bypassing the SSL protocol, the user declares that he is aware of the lack of encryption of the transmitted data.

e) Data sharing and storage

  • Your personal data may be transferred to entities with the help of which services will be provided, in particular settlements, i.e. payment operators and banks. In addition, they may be transferred to the processor after prior notification and request for consent.
  • Your personal data will be stored for the time necessary to use the services, for the period of limitation of claims, for the period necessary to fulfill the obligations towards the supervisory authority or obligations towards the tax authorities.

f) Administrative contact

  • eVideo contacts users in response to submitted queries via contact forms via e-mail in order to answer the questions asked;
  • contact with eVideo users who have registered on the provided services is done via e-mail to provide information necessary to use the service, information and technical messages, information on abuses, reminders about payments for ordered services;

g) User permissions

In connection with the processing of personal data, eVideo users have certain rights:

  • request access to your personal data if it is being processed;
  • rectification of personal data, including correcting incorrect data or supplementing incomplete personal data;
  • deletion of personal data – if the request to delete personal data results in the inability to use the services and this task will be tantamount to resignation from the services rendered and will result in the account being deleted;
  • restrictions on the processing of personal data, including withdrawal of marketing consents granted;
  • submitting a complaint to the appropriate personal data protection authority;
  • request removal from eVideo databases of all or selected data provided at the registration stage, or provided voluntarily while using the services;

These activities are ordered by sending a statement in an electronic message to the address [email protected]

4. Cookies

  • Cookie files (“cookies”) are text files with IT data that are stored on the User’s device and are used for the proper operation of eVideo services. Cookies usually contain the name of the website from which they originate, their validity time, their unique number and data.
  • We use third-party cookies such as Google. To read the details of third-party cookie policy, please visit the specific publisher’s website.
  • Each browser allows you to block cookies, but we do not guarantee the correct evideo.red and evideo.live services when you block cookies.

5. Profile account

By using the eVideo profile account available after registration, you become a user of website functionalities, such as commenting on shared materials, communication with other users, sending photos and videos, publishing content in profiles and groups.

All this data, as voluntarily sent as part of the use of profile accounts, is hereinafter referred to as “content” in the following.

Using eVideo is subject to acceptance and compliance with the following rules:

a) it is forbidden to:

  • sending material protected by copyright, trade secrets or otherwise subject to third party property rights, including privacy and advertising rights, unless you are the owner of such rights or you have the consent of their rightful owner to publish the material;
  • posting lies or false information that may harm eVideo or third parties;
  • transfer and publish material that is unlawful, threatening, harassing, hateful or encourages conduct that would be considered a criminal offense, caused civil liability, violated any law or was otherwise inappropriate;
  • providing and publishing materials presenting or suggesting rape, forced sexual acts, bestiality, death or the depiction of these scenes in controlled conditions (staged, simulated, artificial or artistic);
  • submitting and publishing material depicting violence or abuse (actual damage to another living entity);
  • transferring and publishing materials presenting someone else’s image without permission to share;
  • providing and publishing materials presenting or promoting pedophilia including any form of nudity or covert nudity of people under 18 years of age;
  • sending material presenting or promoting incest;
  • sending material that presents or promotes coprophilia, also known as “fecophilia”;
  • copy content published by other users, or use any mechanism or software to access, extract or download any content published on eVideo user profiles;
  • use or run an automated system that accesses the profile on eVideo and automatically sends messages to other website users, or publishes content on any user’s profile;
  • collecting or disseminating all profile and personal data, including account names and available media from the website;
  • contacting other eVideo users for commercial purposes;
  • publishing advertisements or inducing to professional activity and running a business;
  • impersonating another person;
  • pimping and offering other people’s sexual services;

In the event of a violation of the above rules, the eVideo administration reserves the right to share all collected data about the user (including sent private messages) acting in violation of law and regulations, or to delete the account from eVideo services, with possible blocking of the IP number.

b) content publication:

Users are solely responsible for their own content and the consequences of publishing or sharing it. In connection with the content you have submitted, you confirm / guarantee that:

  • you have written consent, release and / or permission of each identifiable person in the content you submit to use the name or image of each person to be used in a manner consistent with these eVideo terms of use;
  • Your content complies with all legal regulations;
  • you retain all your ownership rights to your content, but by sending us any material you grant eVideo administration worldwide, non-exclusive, free, sublicensed and transferable license to use, reproduce, modify, adapt, transfer, translate, distribute, promote, exhibit, prepare derivative works and to distribute all uploaded content;
  • publishing your content on or through eVideo does not violate, directly or indirectly, privacy rights, advertising rights, copyrights, trademark rights, trade secrets rights, contractual rights or any other rights of any person or entity;
  • if someone raises a claim against us regarding your activities, content or information you submit, you protect eVideo and its affiliates, members of management, agents and employees from any complaints, claims, lawsuits or actions arising out of or related to the use of shared services or violation of these Terms of Use services, including any liability or costs arising from claims, losses, damages, lawsuits, judgments, legal costs and attorney’s fees;
  • you acknowledge that you, and not eVideo and its partners, are responsible for any offensive, inappropriate, obscene, unlawful, unauthorized or otherwise objectionable content or information sent by you;
  • you have paid or paid any other amounts, re-use and other fees, compensation or payments of any kind, regardless of which nominee is due or may become payable in relation to your content;

c) limited liability

To the extent permitted by law, the total liability of eVideo, its administration, employees, partners or agents for any claims in accordance with these terms of service, including any implied warranties, is limited to the amount you paid to eVideo as part of using shared services.
Under no circumstances shall eVideo and its administration be responsible for any direct, indirect, incidental, lost funds, income or data, and other financial and material losses caused by eVideo activities, such as:

  • Errors or inaccuracies in the published content;
  • Personal injury or damage to property of any nature resulting from accessing and using our website;
  • Unauthorized access to our servers and / or any loss of data, such as personal data and / or financial information stored in eVideo databases;
  • Interrupting or ceasing the availability of eVideo services;
  • Security bugs, viruses, trojans or similar that can be transmitted through our services, or through any page of partners advertising on eVideo services;
  • Errors or omissions in any content or for any loss or damage of any kind suffered as a result of using any content sent, sent, sent or otherwise available through the website, whether based on warranty, contract, contract, other legal theory and whether the supplier is informed about the possibility of such damage. The above limitation of liability applies to the highest extent permitted by law in the jurisdiction applicable to eVideo, appropriate for the place of performance of all obligations set out in point 8 of these terms of service. The user confirms that the supplier is not responsible for the user’s intentional and unintentional actions or illegal actions of any third parties.

d) storage and processing of user content

All data published by users are stored on shared on eVideo servers constitute a limited virtual space in which:

  • eVideo reserves the right to remove, suspend or limit any content without providing specific reasons;
  • the user bears full responsibility for the content he makes available;
  • eVideo has the right to access any content shared and sent, including to verify their legality against applicable law;
  • the user waives the rights to any claims against the administration of websites regarding the unlawful activities of other users, malware or hacking activities, such as the theft of personal data or login details;
  • eVideo is not responsible for any copying and distribution of the content provided by the software or third parties, contrary to the rules described in these terms of use;
  • the user can delete the content they publish or delete their own account from the profile settings;
  • eVideo has the right to store all user data in the form of backups, necessary to secure the functioning of websites, as well as for legal and tax purposes;
  • in circumstances justified by technical problems of the websites, eVideo reserves the right to restore a backup copy of any part or full versions of the websites, which may result in the restoration of content from the time of saving the copy, including deleted and later changed accounts. In this case, an information message will be sent to all website users via e-mail, to the e-mail addresses assigned to the accounts (provided at the registration stage or updated during the use of the websites).

6. External content

The main part of eVideo, such as ads, shared videos and live broadcasts, works based on embedded content, which means that in this part of the services:

  • eVideo only stores links to external hosting sites. The website only indexes links found in the network;
  • all legal claims, intellectual property should be directed to websites hosting materials;
  • If you are the owner of the material and it has been made available without your consent, please immediately contact us via the contact form located in eVideo, or to the email address [email protected] The content of the application should include the required data to confirm the right of the reporting entity to the video / audio material as well as a statement that the information contained in the application is true under the threat of criminal liability.
  • Article 3 1 of Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001, the judgment stated that, as a general rule, placing links to works protected by copyright is not an infringement of this right by the person publishing the link. The Tribunal also referred to the notion of “public sharing” indicating that if the materials were originally made available on the internet without restrictions for all users, linking to them does not constitute sharing the work with a new audience. The Tribunal also indicated that it is allowed to link in a way that makes it possible to familiarize yourself with the given works on the linking page, i.e., for example, to insert thumbnails of films, pictures, etc .;
  • eVideo is not responsible for the products or services advertised or offered by third parties using the eVideo website or the pages to which the graphics refer in any link or otherwise advertised;
  • eVideo does not guarantee the proper functioning of the website, the correctness of the content on the website or the proper functioning of the links, in particular when using ad blocking software such as AdBlock;

7. Contact and reporting

If you find content that does not comply with these Terms of Use, other submissions, requests and requests, please contact the eVideo administration, which is also the administrator of stored personal data, via the forms available on the website or at the email address [email protected] In this way, the user can report, among others:

  • reporting illegal content;
  • reporting content that does not comply with these terms of service;
  • reporting content that violates personal rights;

In order to report the activities of users prohibited in these terms of service, eVideo provides the opportunity to report users, messages and other activities for moderation via the “report” button available in the “profile” section.

8. Other

  • we reserve the right to change the above terms of service, however, in the event of any change, you will be notified (as a service recipient);
  • the place of performance of all obligations under eVideo is the territory of the Republic of Poland;
  • If you are a consumer, you represent and guarantee that we have provided you with information to the extent required by applicable law on the protection of consumers prior to the conclusion of a contract. We hereby inform you of your right to withdraw from the contract for any reason, to do so you must inform us within 14 days of the conclusion of the contract. If you withdraw from the contract after eVideo has started providing services within the aforementioned period, we may require payment for services you have already used. The minimum service period is 1 month. The contract is concluded for an indefinite period, you can terminate it at any time for any reason by canceling your subscription. You have the right to submit a warranty claim to eVideo, which is obliged to consider it within no more than 30 days of submitting the complaint. The complaint must be submitted without undue delay, no later than within two months from the date of the faulty service provision. If the Service Provider considers the complaint to be justified and the defect can be repaired, the consumer may request the repair or supplement of missing elements or a reasonable price reduction. If the defect cannot be rectified and prevents proper use of the Service, the consumer may withdraw from the contract or demand a reasonable price reduction.

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