Terms and Conditions

Effective Date: January 1, 2024

Welcome to the official xhamster Affiliate Portal (referred to herein as "we", "us", "our", or the "Website"). These Terms and Conditions outline the rules, regulations, and legal obligations for using our website, located at https://us-us-xhamster.com/, and any associated landing pages, subdomains, and promotional applications.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use the xhamster Affiliate Portal if you do not agree to take all of the terms and conditions stated on this page. Your continued use of our Website constitutes your binding acceptance of these terms, including any future modifications we may make.

1. Explicit Age Restriction and Eligibility

This Website contains promotional materials, links, and text related to adult-oriented content and interactive live streaming services. You must be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction of residence, whichever is older, to access, browse, or use this Website. By accessing this Website, you represent and warrant that you meet this age requirement and that you are legally competent to enter into a binding contract.

If you are under the age of 18 or accessing this Website from a jurisdiction where adult content is illegal or prohibited, you must exit this site immediately. We hold a zero-tolerance policy for underage usage. We rely on your representations of age to provide access to our promotional portal, and any misrepresentation of your age is a strict violation of these Terms.

2. Nature of the Website (Affiliate Disclaimer)

It is crucial to understand the operational nature of this Website. The xhamster Affiliate Portal acts solely as a promotional gateway and affiliate referral partner for the main xhamster live streaming network. We do not host, produce, broadcast, or transmit any of the live streaming video content, nor do we manage the performer accounts, user accounts, or financial transactions that occur on the destination website.

When you click on links, buttons, or images on our Website (such as "Join Free" or "Watch Now"), you will be redirected to a third-party platform. We may earn a commission or referral fee for qualifying purchases or sign-ups made through these affiliate links. Because we do not control the destination platform, we cannot be held responsible for their content, their billing practices, their customer service, or their privacy policies. Any disputes regarding billing, account access, or performer interactions must be directed entirely to the customer support team of the destination platform.

3. Intellectual Property Rights

Unless otherwise stated, we and/or our licensors (including the main xhamster network) own the intellectual property rights for all material on this Website. All intellectual property rights are reserved. You may access this from the xhamster Affiliate Portal for your own personal, non-commercial use subjected to restrictions set in these terms and conditions.

You must not, under any circumstances:

  • Republish material, text, or images from this Website without explicit written consent.
  • Sell, rent, or sub-license material from this Website.
  • Reproduce, duplicate, or copy material from this Website for commercial purposes.
  • Redistribute content from this Website (unless content is specifically made for redistribution).
  • Use automated scripts, spiders, scrapers, or bots to harvest data, images, or code from our domain.

Any trademarks, logos, and service marks displayed on the Website are the registered and unregistered marks of their respective owners. The use of the "xhamster" name and brand is done strictly under affiliate partnership agreements, and you are granted no rights to utilize these marks.

4. User Conduct and Prohibited Activities

As a condition of your use of the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. You are entirely responsible for all of your activities in connection with the Website. Prohibited activities include, but are not limited to:

  • Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website.
  • Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Uploading invalid data, viruses, worms, or other software agents through the Website.
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
  • Interfering with the proper working of the Website, including exploiting bugs, reverse-engineering the codebase, or attempting to bypass geo-blocking mechanisms.

5. Links to Third-Party Content

Our Website contains numerous hyperlinks to third-party websites, including the main live streaming platform. These links are provided solely as a convenience to you and for affiliate tracking purposes. We do not review, endorse, approve, or control these third-party websites, and we are not responsible for the content, privacy practices, or availability of any such sites.

If you decide to leave our Website and access third-party sites, you do so entirely at your own risk. We strongly encourage you to review the terms and conditions and privacy policies of any third-party websites or services that you visit through our affiliate links.

6. Disclaimer of Warranties

This Website and all information, content, materials, and services included on or otherwise made available to you through this Website are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website, the accuracy of the information, or the reliability of the destination links.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this Website, its servers, or emails sent from us are free of viruses or other harmful components. We cannot guarantee that the third-party affiliate platform will be available, uninterrupted, or error-free at the time you click our links.

7. Limitation of Liability

Under no circumstances shall the xhamster Affiliate Portal, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Website.
  • Any conduct or content of any third party on the Website or the destination affiliate platform.
  • Any unauthorized access, use, or alteration of your transmissions or content.
  • Errors, mistakes, or inaccuracies of promotional content provided on our domain.

In no event shall our aggregate liability for all claims relating to the services exceed the amount of fifty U.S. dollars ($50.00). This limitation of liability reflects a fair allocation of risk and forms an essential basis of the bargain between us and you.

8. Indemnification

You agree to defend, indemnify, and hold harmless the xhamster Affiliate Portal and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, or b) a breach of these Terms.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon the posting of the revised Terms and Conditions on this page. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.

10. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Contact Information

If you have any questions or require further clarification regarding these Terms and Conditions, please reach out to us using the contact forms provided on our network, or review our Privacy Policy to understand how we handle communication data. Your use of this site is subject to your continuous compliance with this agreement.