Terms of Service

Terms and Conditions + Privacy Policy

ABOUT US:

Hyper Lab, a Delaware (“Limited Liability Company”), owns and operates www.seacrets.online and all affiliated websites and mobile versions (“Seacrets Online”), a social media website and application service that allows creators to upload photos and videos to their profile and set prices for access to that content (“Creator(s)”) and that allows fans to pay to access that content (“Fan(s)”). The term “You” or “User” refers to all users, whether Creators or Fans.

Please read the following Terms of Service (“Terms”), a legal contract which governs your use of Seacrets Online, including any content, functionality, and services offered on or through Seacrets Online. Please pay special attention to the following sections: disclaimer of warranties; limitations of liability; releases; class action waiver, mandatory arbitration, and disputes. By registering with and using Seacrets Online, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or you do not meet or comply with its provisions, you must not access or use Seacrets Online.

We may change these Terms on one or more occasions. Changes will become effective on the “last update” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes these Terms, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use Seacrets Online after the Company posts changes to these Terms, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing Seacrets Online.

General Provisions
1. No Minors: Seacrets Online contains adult oriented content and is not intended for minors. Only adults (1) who are at least eighteen (18) years old and (2) who have reached the age of majority where they reside may access Seacrets Online. If you do not meet these age requirements, you must not access Seacrets Online and must leave now. The Company forbids all persons who do not meet these age requirements from accessing Seacrets Online.
2. No Child Sexual Abuse Material: The Company prohibits pornographic content involving minors known as child sexual abuse material (CSAM). The Company only allows visual media of consenting adults for consenting adults on Seacrets Online. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within Seacrets Online, please promptly report this to the Company at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating CSAM.
3. No Prostitution or Sex Trafficking: The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on Seacrets Online or by posting links to external websites that promote or facilitate prostitution or sex trafficking, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
4. No Religious, Political or Discriminatory Content: The discussion or reference to religious, political or discriminatory views, ideas or opinions are strictly prohibited. If you engage in such activity, whether on Seacrets Online or by posting links to external websites that promote or discuss religious, political or discriminatory views, ideas or opinions, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
5. No Scenes or Pictures depicting harm to human or animal life: The representation of actions in harm to human or animal life are strictly prohibited. If you engage in such activity, whether on Seacrets Online or by posting links to external websites that show those activities, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
6. No Scenes or Pictures depicting rape, Sodomy or bodily excretory functions: The representation of rape or sodomy actions or bodily excretory functions are strictly prohibited. If you engage in such activity, whether on Seacrets Online or by posting links to external websites that promote or facilitate such activity, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
7. No Infringement of Third Parties Copyright or Trademark Rights: The infringement of third parties copyright or trademark rights are strictly prohibited. If you engage in such activity, whether on Seacrets Online or by posting links to external websites that promote or facilitate any infringement, we may delete your account without refunding and/or paying out any funds in your account at the time of the offense or deletion.
8. User Content: We do not own the media uploaded by Users on Seacrets Online (“User Content”) and the views expressed by Users on Seacrets Online do not represent the views of Seacrets Online. All User Content transactions and interactions on Seacrets Online are between Users and at no point does Seacrets Online become a party to any transaction or interaction between Users. User Content is provided to you AS IS. You may access User Content for your information and personal use solely as intended through the provided functionality of Seacrets Online and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes without the prior written consent of the Company or the respective licensors of the User Content.
9. Rights Reserved by the Company: We reserve the right at any time and without notice to:
  - modify, suspend, or terminate Seacrets Online or any portion thereof;
  - restrict, limit, suspend, or terminate your access to Seacrets Online or any portion thereof;
  - verify the information which you provide to us;
  - verify compliance with these Terms and/or any applicable law;
  - temporarily suspend or permanently terminate your account for failure to comply with these Terms and/or any applicable law;
  - delete any content you post on Seacrets Online if in our reasonable opinion it does not comply with these Terms and/or applicable law;
  - monitor your use of Seacrets Online (including any content or message you post or broadcast on Seacrets Online);
  - investigate any suspected or alleged misuse or unlawful use of Seacrets Online and cooperate with law enforcement in such investigation;
  - disclose information about your use of Seacrets Online in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful subpoena or court order; and/or
  - change the payment or payout processor that enables you to make or receive payments as a User.
  - License to Access and Use Seacrets Online: Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use our Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Seacrets Online other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us. We do not warrant that Seacrets Online is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Seacrets Online is compatible with your device. From time to time we may make updates to Seacrets Online and will make such updates available through Seacrets Online.
Accounts
1. Fans: To register and create an account on Seacrets Online as a Fan, you must provide your name, a valid email address, a username, and a password, or authenticate using a valid social media account. You also need to submit a copy of a valid state issue ID with your photo. If you desire to purchase content on Seacrets Online, you will need to add a valid payment method. Seacrets Online does not store any payment information.
2. Creators: To register and create an account on Seacrets Online as a Creator, you must complete the Creator registration process and be approved by the Company in our sole and absolute discretion. You also need to submit a copy of a state issue ID with your photo. If you desire to sell content on Seacrets Online, you will also need to add a verified bank account (checking or savings) or other approved payment method, and submit additional legal information, such as a W-9 if you are a resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your designated payment method via one of our payout processors or via direct bank wire. With exception to those Creators seeking payment via direct bank wire, which is stored by our third-party payout processors, Seacrets Online does not store any bank account information.

If you register as a Creator, you agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.

User Certifications: By registering on Seacrets Online, you represent and warrant that:
- all account registration, profile information and content you provide is your own information and the content is complete, truthful, and accurate;
- you are fully responsible for any and all activities that occur on your account, and that you will log out of your account at the end of each session;
- you will use particular caution when accessing your account from a public or shared computer so that others are not able to access, view, or record your password or other personal information;
- you are responsible for keeping your login details confidential and secure, and you will immediately notify us at [email protected] if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;
- if you previously had an account with Seacrets Online, your previous account was not suspended or terminated by Seacrets Online for violation of these Terms;
- you will not use any unauthorized third-party payment processors to accept payments for subscriptions, or any other service, via Seacrets Online;
- you register on Seacrets Online for your own personal use and you will not sell, rent, or transfer your account to any third party; and
- if you are using Seacrets Online on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
Your Content: We may permit you to submit materials for publication on Seacrets Online. You represent and warrant that you own, have a valid license to, or otherwise control all rights in your User Content. You retain all ownership rights in your User Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content for the Company’s business (and the business of our successors), for the purpose of operating Seacrets Online and fulfilling the intent of these Terms. You hereby consent to (i) being depicted in any User Content you post on Seacrets Online, and (ii) allowing the Company to publicly distribute any User Content you post on Seacrets Online. You also grant each of our Users a worldwide, nonexclusive, royalty-free license to access such content with the facilitation of Seacrets Online, subject to any limitations related to any purchases of or subscriptions to such content, and to use, reproduce, display, and perform your content but only to the extent necessary to comply with these Terms. We agree not to reproduce any of your content that is behind a paywall. Except for personally identifiable information covered under our Seacrets Onlineacy Policy, User Content is not considered confidential, and may be displayed on Seacrets Online in accordance with these Terms. We have no obligation regarding your User Content. However, we agree that any use or publication of your content will be consistent with these Terms. You warrant that you maintain written releases from any person depicted in your User Content confirming that such person consented to the recording and publication of such content on Seacrets Online, and that your User Content does not violate any rights of any third parties. You will provide copies of any necessary releases, licenses, or ownership documents to us at our request. You are solely responsible for your User Content and the consequences of posting your User Content to Seacrets Online.
Co-Authored Content: If you are a Creator, you understand and agree that you may share content that depicts other third parties (“Co-Authored Content”), provided:
- you tag each depicted Creator in the Content or otherwise identify the third party and provide Seacrets Online with requested documentation confirming age, identity, and consent to publication of the User Content on Seacrets Online;
- you have obtained and will maintain government-issued identification documentation confirming that each Creator depicted in your content is at least eighteen (18) years of age;
- you have obtained and will maintain written documentation confirming that each Creator depicted in your User Content has consented to (i) being depicted in such content, and (ii) the content being publicly distributed on Seacrets Online.
- you will provide this written documentation of consent to us promptly upon request by us for such documentation;
- you will not use, attempt to access, or ask for the information or login credentials for any other User’s account; and
- you are principally responsible for your account and agree to safeguard your login credentials from any unauthorized use. You agree that we are not responsible for any misuse of your account if you share your credentials with a third party such as a manager or agency, and you release Seacrets Online from any liability arising from such third party access. You understand and agree that if you provide your account credentials to a third party, that you will remain solely responsible to Seacrets Online for any activity that occurs by or through your account.

You further understand and agree that we may refrain from publicly distributing any Co-Authored Content until all depicted Creators or third parties have confirmed their identity and consent to being depicted and distributed.

You are solely responsible for segregating, dividing, and distributing any revenue generated from any Co-Authored Content. Any such revenue sharing arrangement shall be governed solely by an independent agreement between you and other third parties. We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from Co-Authored Content. You further agree that any claim arising from Co-Authored Content shall be asserted only against the parties participating or appearing therein, and not against us.

Deactivation: If you wish to deactivate your Seacrets Online account, you may select this option in your account settings.

Purchases and Payments
1. Purchasing Subscriptions: Fans who have added a valid payment method to their account may subscribe to a Creator’s content by clicking the “Subscribe” button on the Creator’s profile. If you purchase a subscription, you hereby authorize the Company to automatically charge the payment method on file on the first day of each billing period for the relevant subscription in a recurring manner until you cancel your subscription.
2. Wallets: We may allow you to prepay an allotment of funds to be stored in your wallet and used for subscriptions, pay-per-view content, tips, and other purchases. However, you may not divide the cost of purchases between your wallet and traditional payment methods. If an attempted purchase costs more than the amount of funds remaining in your wallet, we may charge your listed payment card for the full amount of that purchase. Typically, funds stored in your wallet are non-refundable; however, we reserve the right to address refund requests related to wallet funds in our sole and absolute discretion.
3. Trials: Creators may offer trials to Fans that are not subscribed to their content. If you purchase a trial, you will receive access to that Creator’s content at a discounted rate for the duration of the trial period. At the end of the applicable trial period, you will be charged the full price of the subscription at the beginning of each subscription period, until you cancel your subscription. To avoid any further charges, you must cancel before the end of the trial period.
4. Cancelling Subscriptions: Fans who have purchased a subscription may cancel any subscription at any time by turning off the “Auto-Renew” indicator located under the relevant Creator profile. If you cancel a subscription, you understand and agree that you will not receive a refund, and you will be able to continue to access the Creator’s content until the end of the existing billing period, at which time you will lose access to the content and not be re-billed.

You may block another user; however, you will immediately lose access to that user’s content if you do so, and you will not receive a refund or credit for any remaining days in your current subscription period.
If you are blocked by another user to whom you have subscribed, you will immediately lose access to that user’s content, and we reserve the right, in our sole and absolute discretion, to determine whether you will be issued any refund or credit for the remaining days in your current subscription period.

Subscriptions Cancelled by the Company: If your payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
A la Carte Purchases and Tips: Fans who have added a valid payment method to their account may, in some instances, purchase Creator’s content a la carte or tip the Creator by clicking the “Purchase,” “Tip,” or some similar button on or near the Creator’s content. If you purchase content a la carte or tip a Creator, you hereby authorize the Company to automatically charge the payment method on file for the content.
Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Seacrets Online. Your payment information is stored by a third-party payment processor, such as CCBill. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Refunds: Ordinarily, our standard policy is that purchases and/or fees associated with your account are final and nonrefundable. However, we reserve the right to address any refund request and issue refunds in appropriate cases, within our sole discretion.
Virtual Currency: We may allow Users to make purchases or receive payment on Seacrets Online using one or more virtual currencies such as Bitcoin. Acceptance of such payment or payout method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at our option. We disclaim all risk of loss associated with virtual currency value fluctuations. Additional administrative fees may accompany virtual currency transactions.
Taxes Related to Purchases: If the Company is required to collect or pay any taxes in connection with your purchase of a paid service, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and/or use of a paid service. These taxes may include duties, customs fees, value added tax, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Billing Errors: If you believe that the Company has charged you in error, you must notify the Company in writing no later than thirty (30) days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this thirty (30) day period, you waive any right to dispute the charges. You must submit any billing disputes by email to [email protected] and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.
Chargebacks: If you make a purchase that results in a chargeback, we may immediately suspend or terminate your account.
Selling Content: Creators earn eighty percent (80%) of the revenue generated on all subscriptions, sales, or tips related to their content and User profile. A valid payout method must be added before payments will be issued. However, we may deduct from any monies earned on subscriptions, sales, or tips that resulted in a chargeback, or any monies earned on subscriptions, sales, or tips related to content that violates these Terms.
Referral Program: The Company may provide you with a unique referral URL that allows you to earn income from any new Creator who registers for a Creator account using the same browser that they used to click the referral link. Referral payments will be made in accordance with the terms published on Seacrets Online. You will not use Google Ads, Facebook Ads, or any advertising service or platform to impersonate the Company with the intention to refer other Users.

Acceptable Use
1. Prohibited Uses: You agree that you will only use Seacrets Online for purposes expressly permitted and contemplated by these Terms. You may not use Seacrets Online for any other purposes without our express prior written consent. Without our express prior written authorization, you will not:
  - use Seacrets Online in any way that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including but not limited to: (a) laws prohibiting sex trafficking and promotion or facilitation of prostitution; (b) intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices, or otherwise manipulating identifiers in order to disguise the origin of content you post, share, or upload; (c) laws against obscene, lewd, defamatory, or libelous speech; and (d) laws protecting confidentiality, Seacrets Online rights, publicity rights, or data protection.
  - download any content unless a “download” or similar button is displayed in relation to that content.
  - use an ad blocking software while using Seacrets Online.
  - fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
  - access Seacrets Online if you are, or are required to be, a registered sex offender in any jurisdiction.
  - post, upload, or share content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable, or any content that, in the Company’s sole discretion, is otherwise inappropriate.
  - post, upload, or share content that is considered harmful, threatening, abusive or offensive by the reasonable man/person to an objective standard. “Reasonable” in this context and “man” as a legal term considers the views and morality as set by the majority of Creators or users of all genders within the community and not the reasonable bystander in the street. Usual use may incorporate items and content of which some users may find offensive or objectionable, but that is not illegal in the jurisdiction of the Creator. Harmful content would be considered items that do not comply with residing law enforcement, cause undue distress to persons represented in the content or shared without their consent.
  - post, upload, or share any content containing hate speech, including (1) any content (including stereotypes and symbols) posted to Seacrets Online with the intent to vilify, humiliate, dehumanize, or incite hatred or fear against a group or individual based upon race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity and expression, sexual orientation, age, disability, serious disease, or veteran status (“Protected Class(es)”), (2) statements of inferiority or calls for exclusion or segregation based on Protected Class, and (3) any deliberately false material that causes harm to a Protected Class; but excluding self-referential or empowering uses with no intent to vilify, humiliate, or incite hatred or fear against a group or individual based on these categories.
  - post, upload, or share content that depicts, advertises, promotes, encourages, facilitates, or solicits (real, simulated, or implied) (i) sexual activity involving minors; (ii) incest; (iii) bestiality; (iv) violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, weapons (unless obviously fake), asphyxiation, extreme fisting, or genital mutilation; (v) necrophilia; (vi) Consumption of urine; (vii) blood, scatological, vomit, or excrement-related content; (viii) age-play or suggestion of underage participants, (ix) illegal prostitution or human trafficking, whether explicitly or by use of any slang, acronyms, or abbreviations; (x) “revenge porn” defined as any content containing any individual who has not consented to that content (a) being taken, captured, or otherwise memorialized, or (b) being posted, uploaded, or shared on Seacrets Online; (xi) illegal or illicit drugs; (xii) suicide or self-harm; (xiii) any other illegal behavior or behavior that may be considered obscene under applicable law.
  - post, upload, or share content that advertises or solicits the sale or purchase of used articles of clothing.
  - post, upload, or share content depicting any person under eighteen (18) years old.
  - post, upload, or share content depicting any person without inspecting and maintaining written documentation sufficient to confirm that all subjects of your submissions are in fact eighteen (18) years of age or older, including a written consent or release of each identifiable person in the submission to use their name or likeness and to enable inclusion and use of the submission in the manner contemplated by the Company.
  - post, upload, or share content with the intent to extort money or other benefit from a third party in exchange for removal of the content.
  - post, upload, or share any content that utilizes or promotes a sweepstake, lottery, or other regulated gaming or sales promotion tactic;
  - post, upload, or share any employment ads or content which violates anti-discrimination laws.
  - sell or purchase used or soiled clothing items.
  - post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms, use the materials on Seacrets Online for any commercial use.
  - impersonate another individual or entity, whether actual or fictitious, without consent, falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted on or through Seacrets Online; or perform any other similar fraudulent activity.
  - send unsolicited sexual content to another User or otherwise engage in nonconsensual sexual objectification of another User.
  - use emojis, GIFs, or other media to communicate any activity that violates these Terms.
  - engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend Users.
  - engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or inauthentically generate engagements with your account, or your content.
  - circumvent, disable, damage, intentionally misuse, or otherwise interfere with the operations of the Company, any User’s enjoyment of Seacrets Online, or any security-related features that prevents, limits, or restricts the use or copying of any materials or that enforces limitations on the use of Seacrets Online, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious codes, files, or programs designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
  - reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, except and only if that activity is expressly permitted by applicable law despite this limitation.
  - access or use any automated process (such as a robot, spider, scraper, or similar) to access Seacrets Online in violation of our robot exclusion headers or to scrap all or a substantial part of Seacrets Online (other than in connection with bona fide search engine indexing or as the Company may otherwise expressly permit).
  - modify, adapt, translate, or create derivative works based on Seacrets Online or any part thereof, except and only if applicable law expressly permits that activity despite this limitation.
  - commercially exploit or make available Seacrets Online to third parties including any action or attempt to “frame” or “mirror” Seacrets Online.
  - take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
  - attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
2. Violations of Prohibited Uses

Engaging in any Prohibited Use will be considered a breach of these Terms and may result in immediate suspension or termination of your account without notice, in our sole discretion. We reserve the right, but do not undertake the obligation, to forfeit payment of any revenue earned in by Users that violate these Terms, and to refund some or all such revenue to other Users who are affected by such violation. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of Seacrets Online, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of Seacrets Online or our computer systems violates these Terms and certain international, foreign, and domestic laws.

Additional Prohibited Uses for Creators

Creators must act in the best interests of the Company at all times, whether on Seacrets Online, on third-party websites, or offline. If you are a Creator and violate these additional Prohibited Uses for Creators or any other provision of these Terms, we may delete your account without payment and/or permanently ban you from Seacrets Online. If you are a Creator, you will not, without our express prior written authorization:

deceive users regarding the nature of any paid content;
attempt to defraud the Company or our Users (e.g., working together with a member or “hacker” to accept payment with stolen credit cards).
attempt to fraudulently pass off recorded content as a live stream.
fail to honor any lawful representation made to Fans in furtherance of selling your content.
record or broadcast nudity or sexual activity from any public place where members of the public are reasonably likely to see your content.
release the personal information of any other User of Seacrets Online or third party without that person’s consent.
solicit or accept payments for travel or in-person meetings for the purpose of engaging in sexual activity.
harass, disparage, defame, or otherwise interfere with the Company or our users, nor misrepresent or make any false or misleading statements about the Company.

Reporting Violative Content and Activities

If you are aware of any content on Seacrets Online or any User engaging in activities that violate these Terms, please email us at [email protected] with as much detail as possible, including a link or the location where we may find them, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we should remove the objectionable content or investigate the activities, and a statement certifying the accuracy of the information you provided to us. If you are a Creator, you must report all violative content and suspicious activity to us. We may consider you complicit in any violative activity to which you were knowledgeable of suspicious activity but failed to report it.

Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any User in breach of these Terms, in accordance with our Seacrets Online policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Company receiving a subpoena, discovery request, production order, or court order that causes the Company to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

Third Party Websites
1. Twitter: Seacrets Online allows Users to connect a Twitter account and to post auto-tweets. By using this feature, you must fully comply with and respect Twitter's terms of service, which can be read in full here: https://twitter.com/tos.
2. Links to Seacrets Online: You may link to our homepage on your third-party social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
3. Links to Third-Party Websites: Seacrets Online may contain links to third-party websites and resources, including in advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of third-party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on Seacrets Online, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Intellectual Property Rights

Copyrights: Other than User Content, Seacrets Online and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by international and USA copyright, trademark, patent, trade secret, rights of publicity and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Seacrets Online, except as follows:
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
you may store files that are automatically cached by your Web browser for display enhancement purposes; and

Other than User Content, no right, title, or interest in or to Seacrets Online or any content on Seacrets Online is transferred to you, and all rights not expressly granted are reserved by us. Any use of Seacrets Online not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Seacrets Online in breach of the Terms, your right to use or access Seacrets Online will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For complete information and details on how the Company handles claims of copyright infringement, visit our DMCA Policy.

Trademarks: The Seacrets Online name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Seacrets Online are the trademarks of their respective owners.

Disclaimer of Warranties

By using Seacrets Online, you acknowledge and agree as follows:

Seacrets Online and all of the Company’s services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any and all warranties, express or implied, with respect to Seacrets Online and all of the Company’s services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Seacrets Online, or the results of your use of Seacrets Online. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Seacrets Online, or by anyone who may be informed of any of its contents.
Your use of Seacrets Online and the Company’s services and features will be solely and entirely at your own risk. We do not warrant or guarantee that Seacrets Online and/or all of the Company’s services and features will be available at any particular time or location, nor secure, uninterrupted, or free of errors, viruses, and other harmful components. We do not warrant or guarantee that defects or errors will be corrected. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Seacrets Online or any services or items obtained from the Company. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liabilities

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:

Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to and use of Seacrets Online.
User Content or any conduct by Users that violates these Terms.
Products sold by other users, whether or not such sales are expressly prohibited by these Terms.
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access to or changes to your account, submissions, transmissions, or data.
Interruption or cessation of transmission to or from Seacrets Online.
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through Seacrets Online by any person or that might infect your computer or affect your access to or use of Seacrets Online or your hardware or software.
Incompatibility between Seacrets Online and your other services, hardware, or software.
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with Seacrets Online.
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through Seacrets Online.

Releases

You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of User submissions or the conduct of other Users or third parties, including disputes between you and one or more other Users or third parties.

Exclusion of Damages
1. The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access Seacrets Online or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
2. The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of Seacrets Online, or (11) computer failure related to your access of or your inability to access Seacrets Online or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
3. If you are dissatisfied with Seacrets Online or have any other complaint, your exclusive remedy is to stop using Seacrets Online or start an arbitration claim according to the procedures below (See Section #14). The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of one hundred dollars ($100) or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails in its essential purpose.

Complaints

Seacrets Online is committed to promptly resolving, in good faith, all complaints and appeals.

All media can be reported by any user directly on the site. You may also send an email to [email protected] containing your name, email address or username, applicable URLs (if any), a description of the issue (e.g., underage material, non-consensual content, personal information, impersonation, trademark infringement, spam, prostitution or trafficking, weapons, drugs, etc.), and any additional details (including whether you are depicted in the content, whether you agreed to the recording of the content, and whether you agreed to the publication of the content on Seacrets Online.)
We intend to operate this system as efficiently and quickly as possible in a fair and reasonable manner. We strive to resolve all reports within seven (7) business days and provide clear guidelines to prevent issues from recurring. If a violation has occurred, we will determine the appropriate remedy and take the necessary action. Any content deemed to be illegal will be removed immediately. We will not take action against other users for activity that happens on another platform or offline. We may suggest that you block the other user to prevent further interactions between you and the reported user.
Appeals from abuse takedowns can be sent to [email protected] with a written description of the basis for the appeal. In instances where disputes over consent cannot be resolved internally, such disputes are submitted to a neutral arbitration association at our expense. Once an action is taken or if more information is needed from you, we will contact you by email or other electronic message.
We reserve the right to take advanced actions against those users that (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. These advanced actions may include but are not limited to deleting the offending user’s account and permanently banning the user from using Seacrets Online in the future.
Copyright infringement disputes are addressed by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counternotifications are governed by the Digital Millennium Copyright Act and our DMCA Policy.

Scope of Disclaimers, Exclusions, and Limitations

The disclaimers, exclusions, and limitations stated herein apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.

Indemnification
1. Indemnification Provision: You will pay the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following: your access of Seacrets Online; your conduct on Seacrets Online, including any content you submit to Seacrets Online; your breach of these Terms; your actual or alleged violation of rights of any person, including intellectual property and Seacrets Onlineacy rights; your actual or alleged violation of any law; your actual or alleged negligent, fraudulent, or intentional conduct; or your actual or alleged criminal conduct. But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.
2. Definitions Related to Indemnification: “Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
3. Indemnified Parties’ Duty to Notify You: If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
4. Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
5. No Exclusivity: The Indemnified Parties’ rights herein do not affect other rights they might have.

Dispute Resolution – Binding Arbitration and Waiver of Class Claims

In the interest of resolving disputes between you and Seacrets Online in the most expedient and cost-effective manner, you and Seacrets Online agree that any and all disputes arising in connection with these Terms of Use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement with you to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. You understand and agree that, by entering into these Terms of Use, you and Seacrets Online are each waiving the right to a trial by jury or to participate in a class action.

Notwithstanding the paragraph immediately above, you and Seacrets Online agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) file suit in a court of law to address intellectual property infringement claims not otherwise precluded by these Terms of Use. Furthermore, this agreement to arbitrate will not modify your agreement and acknowledgement that you cannot bring any claim against Seacrets Online based on our suspension or termination of the account of any other User.

Any arbitration between you and Seacrets Online will be governed by the Consumer Arbitration Rules (or such subsequently adopted rules modifying such procedures) of the American Arbitration Association (the “AAA Rules”), subject to any modification by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or nationally recognized overnight courier (signature required), or, in the event that we do not have a current physical address on file for you, by email (“Notice”). Seacrets Online’s address for Notice is: email: [[email protected]]. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. The parties agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Seacrets Online may commence an arbitration proceeding.

Any arbitration hearings will take place at a location to be agreed upon in Claymont, Delaware, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance-based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

YOU AND SEACRETS ONLINE AGREE THAT YOU EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Seacrets Online agree otherwise, you agree that you will not request the arbitrator or court to consolidate more than one person’s claims, or to otherwise preside over any form of a representative or class proceeding.

Miscellaneous
1. Entire Agreement: These Terms constitute the entire agreement between you and the Company about your access to Seacrets Online. It supersedes all earlier or contemporaneous agreements between you and the Company about access to Seacrets Online. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on Seacrets Online will govern the items to which they pertain.
2. Assignment and Delegation: The Company may assign its rights or delegate any performance under these Terms without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.
3. No Waivers: The parties may waive any provision in these Terms only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
4. Severability: The parties intend as follows:
  - that if any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
  - that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, these Terms will be held unenforceable;
  - that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and
  - that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
5. Notice to the Company: You may send notice to the Company by email at [email protected] unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on Seacrets Online. Please check Seacrets Online for the most current information for sending notice to the Company.
6. Notice to You: You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you, (2) a notification on your account, or (3) by posting the notice on a place on Seacrets Online chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
7. Force Majeure: The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including: Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, epidemics, pandemics, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; and hacking, spam, or any failure of a computer, server, network, or software.
8. No Third-Party Beneficiaries: These Terms do not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
9. Relationship of the Parties: These Terms do not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
10. Successors and Assigns: These Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns.
11. Communication Preferences: By registering for an account, you consent to receiving electronic communications from the Company relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on Seacrets Online and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transaction communications, please review the Seacrets Online Policy regarding opting out of marketing communications.
12. Electronic Communications Not Seacrets Online: The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company or from the Company as open communications readily accessible to the public. You should not use Seacrets Online to send or receive messages you only intend the sender and named recipients to read.
13. Electronic Signatures: Any affirmation, assent, or agreement you send through Seacrets Online will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
14. Parental Control Protections Notice: In accordance with 47 U.S.C.§ 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
15. California Consumer Rights Information: If you are a California resident, you may contact Select Media LLC at 100 International Drive Floor 23, Baltimore, MD 21202 or by email at [email protected] to resolve any disputes or to receive further information about Seacrets Online. Users who want to gain access to the password-restricted area of Seacrets Online must register. The Company does not charge consumers for registering, but the Company does charge for purchasing content or subscriptions.
16. Language: The Company drafted these Terms in the English and Spanish languages. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English or Spanish.
17. Contact: You should direct all feedback, comments, requests for technical support, and other communications relating to Seacrets Online to [email protected] or call AÑADIR NUMERO DE TELEFONO.

DMCA Notice & Takedown Policy

Hyper Lab operates www.seacrets.online (“Seacrets Online”) and qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our users.
How to Submit a Notice of Claimed Infringement
If you believe that your work has been copied and published on Seacrets Online in a way that constitutes copyright infringement, please provide our Designated Agent (identified below) with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on Seacrets Online (preferably including specific URLs associated with the material);
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
You may send your Notice of Claimed Infringement (“Notice”) to:
Email: [email protected]
Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA, here:https://www.law.cornell.edu/uscode/text/17/512
Abuse Notification:Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or counter-notification, can result in legal liability for damages, court costs, and attorneys’ fees under federal law. See 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement, or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all legal qualifications before submitting a DMCA Notice to our Designated Agent.
How We Respond to Take Down Notices
The following “notification and takedown” procedures apply upon receipt of any notification of claimed copyright infringement. Seacrets Online reserves the right at any time to disable access to or remove any material or activity accessible on Seacrets Online that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. It is the firm policy of Seacrets Online to terminate the account of repeat copyright infringers, when appropriate, and Seacrets Online will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S. C. § 512 of the DMCA. Seacrets Online’s DMCA Notice Procedures are set forth in the preceding paragraphs. If the Notice does not comply with § 512 of the DMCA but does comply with three notification elements according to § 512 of the DMCA, Seacrets Online shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, Seacrets Online will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) business days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
How to Submit a Counter-Notification
If a user is affected by a DMCA removal and believes that the allegedly infringing material has been removed as a result of mistake or misidentification, the user is permitted to submit a counter-notification pursuant to § 512(g)(2)-(3) of the DMCA. A counter-notification is the proper method for a user to dispute the removal or disabling of material pursuant to a Notice. The information that a user provides in a counter-notification must be accurate and truthful, and the user will be liable for any misrepresentations which may cause any claims to be brought against Seacrets Online relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide our Designated Agent the following information:
(a) A specific description of the material that was removed or disabled pursuant to the Notice;
(b) A description of where the material was located on Seacrets Online before such material was removed and/or disabled (preferably including specific URLs associated with the material);
(c) A statement reflecting the user’s belief that the removal or disabling of the material was done erroneously. For convenience, the following language may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) The user’s physical address, telephone number, and email address; and,
(e) A statement that the user consents to the jurisdiction of the federal district court in and for the judicial district where the user is located, or if the user is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided the Notice, or that person’s agent.
Written counter-notification containing the above information must be signed and sent to:
Email: [email protected]
Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

After receiving a DMCA counter-notification, our Designated Agent will forward it to Seacrets Online, and Seacrets Online will then provide any counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-14) business days of Seacrets Online’s receipt of a counter-notification, Seacrets Online will replace or cease disabling access to the disputed material provided that Seacrets Online or our Designated Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Seacrets Online’s system or network.
English or Spanish Languages
All DMCA notices and counter-notifications must be written in the English or Spanish languages. Any attempted notifications written in other languages or using other characters will be deemed non-compliant and disregarded.
Modifications
Seacrets Online reserves the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.
Customer Service Requests
Please note that the Designated Agent is not associated with Seacrets Online in any other capacity but is an attorney with a Seacrets Online law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to Seacrets Online’s customer service department.

17. SEACRETS ONLINE PRIVACY POLICY

A. OVERVIEW

Hyper Lab and its subsidiaries (collectively, “Seacrets Online,” “we,” “us,” “our”) respect your Seacrets Online Privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Seacrets Online Privacy Notice or our processing of personal data, please see the bottom of this Seacrets Online Privacy Notice for information about how to contact us. Seacrets Online is the data controller of the personal data collected and is responsible for the processing of your personal data.

Seacrets Online is a social network which enables users to share their content; other users to enjoy content and for some to do both. We refer to those users who share content as “Creators” and those users who pay to view Creators’ content as “Fans”. This Seacrets Online Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website located at www.seacrets.online, our services that we may offer from time to time via our website, our related social media sites (Twitter and Instagram), or otherwise through your interactions with us (the website, our social media pages, and services, collectively, the “Services”).

Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Seacrets Online Privacy Notice. This Seacrets Online Privacy Notice may be revised from time to time, so please ensure that you check this Seacrets Online Privacy Notice periodically to remain fully informed.

B. PERSONAL DATA WE COLLECT

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this Seacrets Online Privacy Notice.

a. Categories of Personal Data We Collect

The types of personal data we collect about you depend on your interactions with us and your use of the Services. In the past twelve (12) months, we collected the below categories of personal data from our users:

Identifiers such as a real name, alias, postal address, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)).
Characteristics of protected classifications under California or federal law.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Biometric information. Note: While we do not collect biometric information, if you choose to authenticate yourself through certain service providers we use, they may collect biometric information subject to their privacy policies, but we are never provided with access to that information.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
Audio, electronic, visual, thermal, olfactory, or similar information.
Professional or employment-related information.

We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.

b. How We Use Your Personal Data

We strive to ensure that the content can be enjoyed by everyone, and to keep the content appropriate, tasteful and lawful. To do that, we collect and process your personal data for the following business and commercial purposes:

Developing, improving, operating, providing, predicting, or performing, including maintaining or servicing accounts, enhancing the Services and your experience with them, providing customer service, processing or fulfilling transactions, verifying your identity, and processing payments.
Communicating with you by email and text about the Services, verifying your identity, responding to support inquiries or, sharing information about the Services.
Auditing related to a current interaction with the user and concurrent transactions.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Undertaking internal research for technological development and demonstration.
Undertaking activities to verify or maintain the quality or safety of the Services owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the Services owned, manufactured, manufactured for, or controlled by us.
Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
Enforcing our Terms of Service and other usage policies.
As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

c. How We Obtain Your Personal Data

We collect your personal data from the following categories of sources:

Directly from you. When you provide it to us directly to open an account and use the Services, or when you update the information in your account (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information).
Automatically or indirectly from you. For example, through and as a result of your use of and access to the Services. We also collect IP addresses and browser types from the devices you use.
From our service providers.

d. Legal Bases for Processing

We process personal data for, or based on, one or more of the following legal bases:

Performance of a Contract. By using the Services, you have contracted with us through the Terms of Service, and we will process certain personal data to perform under that contract.
Legitimate Interests. We may process personal data for our legitimate interests, including complying with any applicable law, rule or regulation, investigation or remedy; enforcing our Terms of Service; protecting our, our users' or others' rights, property and safety; and detecting and resolving any fraud or security concerns.
Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with our legal obligations, including as required by valid legal process, governmental request, and to protect those individuals who use our Services and others.

e. Who We Share Your Personal Data With

We share personal data with the following categories of third parties:

Our service providers.
Our affiliated entities.
Government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.

f. Personal Data We Share

In the past twelve (12) months, we shared with the following categories of third parties the following categories of personal data for a business purpose:

Identifiers (e.g. name, address, email address, government ID, IP address): Service providers.
Identifiers (e.g. account name): Other Creators and Fans.
Personal information categories listed in the California Customer Records statute (e.g. government ID, bank account numbers): Service providers.
Audio, electronic, visual, thermal, olfactory, or similar information (e.g. content you create): Service providers.

C. YOUR RIGHTS REGARDING PERSONAL DATA

You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Seacrets Online Privacy Notice, or by following instructions provided in this Seacrets Online Privacy Notice or in communications sent to you.

Your rights vary depending on the laws that apply to you, but may include:

The right to know whether, and for what purposes, we process your personal data;
The right to be informed about the personal data we collect and/or process about you;
The right to learn the source of personal data about you we process;
The right to access, modify, and correct personal data about you (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information);
The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
The right to withdraw your consent, where processing of personal data is based on your consent; and
The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.

See “Your California Privacy Rights”, “Your Nevada Privacy Rights”, and “Your European Union and UK Privacy Rights”, for more information about certain legal rights.

a. Accessing, Modifying, Rectifying, and Correcting Collected Personal Data

We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us. Any updates or corrections to your information may be made through your account settings.

Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Seacrets Online Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.

b. Your California Privacy Rights

California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

The California Consumer Privacy Act (“CCPA”) provides our users who are California residents the following additional rights:

Right to Know: You have the right to request that we disclose certain information to you about the personal data we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:

The categories of personal data collected about you;
The categories of sources from which we collected your personal data;
The categories of personal data that we have sold or disclosed about you for a business purpose;
The categories of third parties to whom your personal data was sold or disclosed for a business purpose;
Our business or commercial purpose for collecting or selling your personal data; and
The specific pieces of personal data we have collected about you.

Data Portability: You have the right to request a copy of personal data we have collected and maintained about you in the past 12 months.

Right to Deletion: You have the right to request that we delete the personal data we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal data, we may deny your request or may retain certain elements of your personal data if it is necessary for us or our service providers to:

Complete the transaction for which the personal data was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and Privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use the personal data, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out/In: You have the right to opt-out of the sale of your personal data. You also have the right to opt-in to the sale of personal data. However, we do not sell your personal data.

Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you with a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

To exercise your California Seacrets Privacy rights described above, please submit a verifiable request to us by visiting www.seacrets.online/help or emailing us at [email protected].

If you have an account with us, you can exercise any of the above rights from your profile. If you don’t have a profile or if you are unable to access, control, or delete your information from within your profile, you can contact us through any of the above methods.

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal data.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative. Depending on the nature of the request, we may need to verify your identity through an additional Ondato verification cycle, which requires a government issued ID and a photo requiring your presence through the a (see Identity Verification section below for more information).
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to [email protected], along with all of the below items:

Proof that you gave the authorized agent signed permission to submit the request.
Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
To verify your identity, depending on the nature of the request, we may also require a valid Government Issued ID (not expired), email address, and the last 4 digits of the social security number.

We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal data provided in a verifiable consumer request to verify the request’s identity or authority to make the request.We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

c. Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to [email protected] and are free of charge.

d. Your European Union and UK Privacy Rights

In addition to the above-listed rights, European Union and UK Seacrets Privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:

The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.

Note that we may need to request additional information from you to validate your request. To exercise any of the rights above, please visit www.seacrets.online/help or email us at [email protected].

D. YOUR CHOICES

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

a. Communications Opt-Out. You may opt out of receiving email communications from us at any time by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Seacrets Online Privacy Notice, or by changing your notification preferences in account setting. you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. Note, that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).

b. Location Information. If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.

c. Cookies and Web Tracking. Consult our Cookie Notice for more information about how to control and/or opt out of certain web tracking technologies.

E. PROTECTING PERSONAL DATA

We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. Those safeguards include: (i) the encryption of personal data where we deem appropriate; (ii) taking steps to ensure personal data is backed up and remains available in the event of a security incident; and (iii) periodic testing, assessment, and evaluation of the effectiveness of our safeguards.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

F. RETENTION OF PERSONAL DATA.

We retain personal data for a period of six (6) months after a user closes their account, and certain personal data for longer periods to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties. Under applicable law, we are required to retain certain financial information for seven (7) years.

G. OTHER IMPORTANT INFORMATION ABOUT PERSONAL DATA AND THE SERVICES.

a. Identity Verification. We require checks for Creators to ensure that we do not knowingly offer our Services to or collect personal data from anyone under 18 or anyone using a false identity, and offer checks as an option for Fans. These checks involve providing certain information to one or more of our service providers, currently Ondato, Aristotle, and Jumio which verify your identity. If you commence the registration process, you do so with the understanding that your personal data will be transferred to Ondato and processed subject to their privacy policy and terms and conditions, Aristotle and processed subject to their privacy policy and terms and conditions, or Jumio and processed subject to their privacy policy and terms and conditions. Ondato, Aristotle, and Jumio all require that you submit your passport or other government identification document, and use facial analysis software to verify your identity. Ondato also requires that you provide a photo of yourself holding your government identification as part of the verification process.

b. Payment Information. Payments made by Fans to access content are processed by our third party payment providers. For example, when you make a payment that is processed by a payment provider, you will provide that third party with your credit card number, credit card expiration date, and security code, which they process and store subject to their privacy policy and terms of service. We do not receive your full credit card number, credit card expiration date, or the security code. Instead, the payment provider provides us with a “token” that represents your account, your card’s expiration date, card type and the first two and last four digits of your card number. If you are required to provide your name and email address to the payment provider, then they also provide us with that information. Payments issued to Creators for their content are made by Seacrets Online using the bank account information that we have collected and stored.

c. Collection of Personal Data from Children. Our Services are not intended for anyone under 18. Anyone under 18 years of age is not permitted to use the Services, and we do not knowingly collect information from children under the age of 18. By using the Services, you represent that you are 18 years of age or older.

d. Third-Party Websites and Services. As a convenience, we may reference or provide links to third- party websites and services, including those of unaffiliated third parties, our affiliates, service providers, and third parties with which we do business (including, but not limited to, our service providers). When you access these third-party services, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third-party websites and services. You access these third-party services at your own risk. This Seacrets Online Privacy Notice does not apply to any third-party services; please refer to the Privacy Notices or policies for such third-party services for information about how they collect, use, and process personal data.

e. Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third- party acquirers and may be among those assets transferred.

f. Do Not Track. We currently do not use any cross-site tracking technologies and do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to block or reject certain tracking technologies in our Cookie Notice.

g. International Use. Your personal data will be stored and/or processed in the United States, as well as in the European Union, Colombia, Costa Rica, Canada, Hong Kong, Russia, Singapore, Switzerland, Thailand, Ukraine and the United Kingdom. By your use of the Services, you acknowledge that we will transfer your data to, and store your personal data in, the above countries, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the above countries, including to law enforcement and/or national security authorities in those countries.

H. MODIFICATIONS AND UPDATES TO THIS SEACRETS ONLINEACY NOTICE

This Seacrets Online Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Seacrets Online Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Seacrets Online Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Seacrets Online Privacy Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revise

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