Terms Of Service

I.OVERVIEW

This website is owned and routinely maintained by 7th Vizion Digital Creations (7VDC) and its moderators. Throughout the site, the terms “I”, “Us”, “Our”, and “We” refer to the company of 7th Vizion Digital Creations and it’s affiliates. 7th Vizion Digital Creations offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing this website, associated third-party websites, 7VDC Social Media Applications, or 7VDC Internet Hyperlinks you agree to engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “T&Cs”, “Policies”), including the additional policies or terms referenced in a service or membership contract. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. This website does contain links to third party sites or applications (apps) that are not owned or controlled by the website or its moderators. This website or its moderators has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites. In addition, this website or moderators will not and cannot censor or edit the content of any third party sites. By using any part of this website or services this website offers, you expressly relieve us from all liability arising from your use or observations of any third-party sites or apps. Accordingly, we encourage you to be aware when you leave the website to read the terms and conditions, and privacy policies of other sites that you visit.

By accessing this website you affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the website from, and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. IF you are under 18 or the applicable age of majority, please DO NOT use the website. You also represent that the jurisdiction from which you access the website does not prohibit the receiving or viewing of sexually explicit content. Whether you are a registered or unregistered user, we may require that you provide us and/or our third party age verification service providers with information which will help us determine that you are over the age of majority required to have access ot the website and view its contents.

Please read these Terms of Service carefully before accessing or using any part of this website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. IF you do not agree to all of the T&Cs then you may not access the website or use any services.

Any new features, or tools, which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms of Service at any time on this website.

We reserve the right to update, change, modify, or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsbility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You use the website at your sole risk. We provide the website “As is” and “As available”. To the fullest extent permitted by law, the website, disclaim all warranties of any kind related to the website and goods or services obtained through the website and goods or services obtained through the website, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damages to your computer system or loss of data. We make no warranty or respresentation about the accuracy or completeness of the website’s content or the content of any sites linked to the website or that the website will meet your requirments and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (iv) any interruption or cessation of transmission to or from the website or our services. (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website or our services by any third party, and/or (vi) any errors or ommissions in any content posted, emailed, transmitted, or otherwise made available via the website or our services. The website does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or our services or any hyperlinked services or featured in any banner or other advertising, and, the website will not be a party to or in anyway responsible for monitoring any transactions between you and third party providers of products or services. As with the purchase of a product or service through any medium or in environment, you should use your best judgment and exercise caution where appropriate.

II.General Conditions

We reserve the right to remove personnel and refuse service to anyone, for any reason, at any time. This applies to your guests and spectators of your session.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without expressed written permission by us (7th Vizion Digital Creations).

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless 7VDC, the website, its site moderator, its parent corporation, it’s affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, inabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) you violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

These Terms of Service, permissions, any rights, and licenses to productions or content granted hereunder by 7VDC, may not be transferred or assigned by you, but may be assigned by us without restriction.

Except as set forth hereinabove, you and we agree that we will resolve any disputes between us (including any disputes between you and a third party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and Federal Arbitration Law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms of Service including, but not limited to, a claim that all or any party of these Terms of Service is void or voidable. This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of service. Neither you nor we may act as a class representative or private attorney general nor participate as a member of a class of claimants, with respect to any claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relieve available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms of Service will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This section of the Terms will survive the termination of your relationship with us. This present section entitled “Arbitration” shall only apply to users located in the United States of America. This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. Other rights that you or we would have in court also may not be available in arbitration.

Ownership of Photos, Digital Artwork, Virtual Artwork, Film and Video. By accessing this website to communicate and book 7VDC for their services you agree that all rights and licenses to all productions and content belong to 7th Vizion Digital Creations which is and will remain, the sole and exclusive owner of all rights, titles, and interest, throughout the world to all photography, digital artwork, virtual artwork, film and video. You agree that any violation of copyrights, licenses, interests, or contractual agreements with 7VDC by you may result in legal action.

III.Modification to the Service and Prices

Prices for our services are subject to change without notice. This can be influenced, but not limited to, by the cost to do business, influxes in the economy, or inexplicable world changing events.

We reserve the right, at any time, to modify or discontinue any Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Service.

By utilizing this website and 3rd Party Applications to communicate and book 7VDC for their services you agree that all session pricing models, processes, surcharges, merchandise pricing models, and collection pricing models presented on this website are acknowledged and acceptable. ALL SALES ARE FINAL. 7VDC is not obligated to provide you with refunds for any service provided and retains the right to determine if a refund for services can be negotiated. Therefore, you agree to pay all costs associated with 7VDC’s services. You further agree that any violation of this agreement by you may result in legal action.

IV.Accuracy, Completeness, and Timeliness of Information

This website does display adult-oriented content. You understand and acknowledge that when using this website, you will be exposed (your content) or be exposed to (others people’s content) from a variety of sources that the website or it’s moderators can not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to (other people’s content) or be exposed (your content) that may be considered inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 7th Vizion Digital Creations, the website, or it’s moderators with respect thereto, and agree to indemnify and hold the website or it’s moderators, it’s parent corporation, it’s affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns, harmless to the fullest extent allowed by law regard all matters relating to your use or observations of the website.

You must evaluate, and bear all risks associated with, the use of or creation of any content with 7VDC, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such content. In this regard, you acknowledge that you may not rely on any content created by us or content transmitted to any application, third-party website, electronic mail (email) distribution, or external internet or tangible medium. You acknowledge that you release all liability, responsibility, and obligation from 7VDC to protect any and all content distributed by you to all tangible and electronic mediums or devices.

V.7VDC Erotica / Verified Model Policy

As a 7VDC Verified Model (Xclusive Model) you elect 7VDC to be your exclusive team of photographers, digital artists, and filmmakers. Upon selection, contract signing, and verification, you understand and agree that no other photographer, videographer, digital artist, or filmmaker may create, photo-manipulate, edit, retouch, or recreate any productions, whether video, photo, digital art, or product, at any time during the duration that you agree to enlist 7VDC as your exclusive team of erotic content creation partners for the purpose of building your professional erotic business brand.

You agree that if discovered you have contracted, hired, or collaborated with another photographer, videographer, digital artist, or filmmaker to create, photo-manipulate, edit, retouch, or recreate any productions, whether video, photo, digital art, or product at any time during the duration that you agree to enlist 7VDC as your exclusive team of erotic content creation partners your Xclusive Model status may be revoked at the discretion of 7VDC. You further agree that you have no expectation of receiving a refund of monies paid for the duration of the contract and no expectation of the removal, release, or retrieval of any content created during the duration of the contract upon revocation to you from 7VDC.

An Xclusive Model may participate in a paid production for the model’s own monetary gain with a photographer, videographer, digital artist, and/or filmmaker.

We may, in our sole discretion, decline your application to join our 7VDC Xclusive Model community for any reason without having to provide any explanation to you. We will commit to providing you written communication of your acceptance or denial.

You agree to provide a valid email address and proof of 18 years of age via a government-issued identification to complete the verification process. Failure to do so will result in a delay or denial of application to become a 7VDC Xclusive Model. Proof of 18 years of age is required for all Erotica sessions.

Valid government-issued identification should contain your date of birth, expiration date of the ID, your photo, your full legal name, and your address. This could be, for example, your driver’s license, international passport, citizenship card, state ID, national passport, or national ID card. Our collection, use, and disclose of such information and documentation is governed by our Privacy Policy.

You agree that 7VDC’s role is strictly as your erotic content creation partner. In this capacity, we are not responsible for how your content is displayed on third party websites nor do we promise any type of monetary expectations through working with us. You agree that you release 7VDC from any liability, responsibility, or obligation to include, but not limited to, failure in any business insight goals or measurements, failure in producing revenue goals, lose of content, content that may have been stolen through internet distribution, unauthorized use of content, duplicated content, replicated content, recreated content, and/or misrepresentation of content displayed on the internet, applications, magazines, billboards, posters, television, post cards, or stock footage.

You agree that if you do not utilize all of your benefits within your chosen Xclusive Model membership that the full amount of your monthly membership will still be due. Furthermore, you agree that in the action of terminating your contractual term early that all monies to the end of the contractual end date will be paid to end your agreement with 7VDC early.

You agree that if the location of your Xclusive Model session requires travel outside of 7VDC’s fifty (50) miles standard area of operations that your session will be subject to the session surcharge requirements in order for 7VDC to complete your session.

You will choose your own Xclusive Model screen name, which must be unique to you, not offensive to others, and not in violation of another’s copyright or trademark.

VI.”The Icon” a 7VDC Podcast/Vodcast Copyright Notice and Disclaimer

This podcast, associated vodcast, and its contents are a copyright of 7th Vizion Digital Creations - All rights reserved.

The views and opinions expressed in the episodes listed on this website are those of the guests. They do not represent or reflect the official policy or position of 7VDC. 7VDC does not take responsibility for any ideas expressed during the Podcast/Vodcast. Our podcasts/vodcast targets a wide range of listeners/viewers.

Proposed areas of discussion are sent beforehand to the guests. On some occasions, before sharing the Podcast/Vodcast, guests are advised to listen to it before we are able to post it.

Listener/Viewer discretion is advised and highly encouraged.

This Podcast/Vodcast should not be considered as a piece of professional advice. Unless specifically stated otherwise, 7VDC does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned in this Podcast/Vodcast, and information from this Podcast/Vodcast should be referenced in any way to imply such approval or endorsement.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

We welcome you to download and play the Podcast/Vodcast and share with others for personal use; please acknowledge “The Icon a 7VDC Podcast” as the source of the material. You may not, except with our expressed written permission, distribute or commercially exploit the content. The information contained in this website is for general information purposes only.

The Icon a 7VDC Podcast, associated vodcast, provides general information. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will 7VDC be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website and associated Podcast/Vodcast platforms you are able to link to other websites which are not under the control of 7VDC. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them; therefore, your access to these aforementioned links are strictly at your own risk.

Every effort is made to keep the website up and running smoothly. However, “The Icon” a 7VDC Podcast, associated Vodcast, takes no responsiblity for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

VII. Time for Photo (TFP), Special Event (SE), and Time for Video (TFV) General Agreement

There are times when 7VDC will allow for a Boudoir, Erotica, or Lifestyle session free of charge to you in exchange for your cooperation with a certain stylized shoot, concept, editorial opportunity, or business portfolio building. These circumstances that result in mutual gain of content for you and 7VDC are called Time-for-Photo / Time-for-video session invitations.

Additionally, there are times when 7VDC will allow for a Special Event Boudoir, Erotica, or Lifestyle session at a reduced, non-refundable, one-time price to you in exchange for your cooperation with a certain stylized shoot, concept, editorial opportunity, or business portfolio building. These event invitations result in mutual gain of content for you and 7VDC.

These sessions are by “Invitation Only” and allow you to have access to resources that are normally reserved for clientele who have purchased a service. This does not include access to merchandising. If merchandising is requested this must be communicated to 7VDC during the session interview and is at your expense.

These sessions are subject to session surcharges in order for 7VDC to complete your session. 7VDC will communicate this during your session interview if they apply.

You agree that by submitting a completed partnership form, your SE, TFP - TFV invitation, to 7VDC that you will adhere to all terms outlined within this website and any signed contractual agreement terms and conditions thereafter.

If you withdraw your participation and/or cooperation before the agreed upon date of the session and it has not been considered a complete service then you have the expectation that no further funds are required from you other than your session surcharges that may be due to 7VDC. In regard to SE, you can expect that your money will not be returned to you upon withdrawal from the Special Event under the aforementioned circumstances.

If you withdraw your participation and/or cooperation on the day of session or after the SE, TFP - TFV session and it is considered a “complete service”, complete service meaning that 7VDC arrived on location and the agreed upon time with equipment and personnel ready to work, then you have the expectation to produce a payment for a session fee equivalent to the session that you were invited to and all session surcharges due immediately upon receipt of an invoice. FAILURE to do so will result in legal action against you. For SE, the remaining amount of your initial payment subtracted from the session fee will be forwarded to you via invoice.

Every effort will be made to ensure that communication is open to all parties involved should changes arise that affect the SE, TFP - TFV session. Communication will be made by the agreed upon methods. 7VDC will commit to responding back to your communication requests within 24 hours.

VIII. “CONTE MA7A HARI - Profound Narrations for the Bold” The Magazine

Permitted Use and Media Submission Policy

“CONTE MA7A HARI - Profound Narrations for the Bold" (magazine, templates, and logo) is a trademark and intellectual property of 7th Vizion Digital Creations, LLC. All rights are reserved. This magazine is published and made available to you in digital and printed format through Magcloud.com. Therefore, any downloads and purchases made by you are subject to Magcloud's return policies, terms, and conditions located here. We welcome you to share your viewpoints, quote, and comment on the magazine through social media or any forum under the condition that you state that your material is derived from CONTE MA7A HARI.

Representation of Ownership. Contributors of Content retain copyright and other intellectual property rights with respect to any User Content (Content) to the extent that you have such rights under Applicable Laws. By submitting Content to 7VDC for presentation in the magazine you represent and warrant that (i) you own such Content or otherwise have the right to grant us written permission set forth in this policy; (ii) the Content is accurate and not confidential and the distribution, submission, transmission, posting, and use of your Content on the magazine is not in violation of any applicable law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and 7VDC will have no liability in connection with, your Content or any other Content you provide. Your ownership in your Content or any other Content does not confer any rights to other websites nor any rights to other Content.

User Content Submission. 7VDC will not accept any unauthorized content submissions. Additionally, any Content provided to 7VDC are not considered confidential and 7VDC may utilize and freely disclose or publish without compensating you or accounting you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions is received and treated by us as non-confidential, non-exclusive, and unrestricted Content. If you provide 7VDC with any Content, you hereby grant 7VDC a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Content for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that 7VDC is not required to make use of any Content that you provide. You agree that if 7VDC does utilizes your Content, 7VDC is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Content that you provide to 7VDC to grant 7VDC and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy, or other personal rights.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) Notice US Submissions only. If you are a user in the United States and suspect that your Content has been submitted without your permission or authorization please submit an email immediately with proof of non-permissions to HYPETEAM@7THVIZION.COM. We reserve the right to remove any Content on the Site which allegedly infringes another person’s copyright. We are under no obligation to scan Content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the sites. If you believe any materials on any works that infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material. The minimum should include:

  • Identification of the URL of the Site and the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  • Your name, address, telephone number, and email address;

  • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

  • A signed document disclosing the reporting person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

  • Filing a Counter-Notice. If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by email to Hypeteam@7thvizion.com that, at a minimum, includes:

  • Identification of the copyrighted work (or works) that was removed by time and the URL of the affected sites(s) or magazine Date and Issue prior to removal. The information must be reasonably sufficient to permit us to identify the copyrighted work;

  • Your name, address, telephone number, and email address;

  • A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located.

  • A statement that you will accept service of process form the person (or an agent of such person) who provided the DMCA Takedown notice to us;

  • A statement that you have a good faith believe that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misunderstanding of the material to be removed or disabled; and

  • A signed document disclosing the person authorized to act on behalf of the owner of the copyrighted work that was removed.

When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who previously provide the Takedown request and we will reinstate the allegedly infringing content unless the previously reporting party obtains a court order demanding removal.

Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is in compliance with the DMCA.