Welcome to mytabu. Any access to and/or use of this Website is governed by the Terms and Conditions of use as set out below (“Terms and Conditions”) and the Privacy Notice. Access to and/or use of this Website implies your agreement to and acceptance of these Terms and Conditions and the Privacy Notice. If you do not accept these Terms and Conditions and the Privacy Notice, please do not proceed any further and leave this Website immediately.
mytabu allows Members to contact Creators for engagement of
their companionship services, and is for access by Users and use by Members and
Creators.
mytabu is a subsidiary Company registered in England and Wales under the name FDH LIMITED with company number 13220471and with our registered office at Old Station Road, Loughton, Essex, IG10 4PL and operational office located at 121-122, Omega Works, 4 Roach Road, London E3 2PF
Definitions
1 Acceptance
1.1. These Terms and Conditions are the legally binding Terms and Conditions on the User, Member and Creator in order to gain access to and/or use of this Website. The User, Member or Creator accessing or using this Website will be bound by the following:
1.2. The Terms and Conditions found at: T&Cs.
1.3. The Privacy Notice found at: Privacy, and which is incorporated into these Terms and Conditions by reference.
1.4. The Member or Creator will be required to expressly accept these Terms and Conditions before the registration process is completed.
1.5. During the registration process, the Member will be sent an email containing a link which the Member will need to click to verify the registration and accept these Terms and Conditions. Upon clicking the link to verify the registration the Member’s legal agreement/contract with mytabu shall be formed.
1.6. During the registration process, the Creator will be informed that by clicking the ‘Sign Up’ button the Creator accepts the linked Privacy Notice , and T&Cs.
Upon clicking ‘sign up’ to verify the registration the Creator’s legal agreement/contract with mytabu shall be formed.
1.7. mytabu reserves the right to amend or revise these Terms and Conditions and the Privacy Notice at any time and at mytabu’s sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms and Conditions and the Privacy Notice. Access to and/or use of this Website by the User, Member or Creator after the Terms and Conditions and the Privacy Notice have been updated constitutes their acceptance as updated.
1.8. The User must be over the age of 18 and the User affirms that the User is over 18 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the User accesses the Website – which is 21 in some regions of the world). Any User under the age of 18 (or the legal age to accept these Terms and Conditions in the jurisdiction from which the User accesses the Website) are not permitted to access this Website. If it is discovered that a User provided false information in order to become a Member or Creator, that User will be immediately prevented from accessing and/or using this Website. For the avoidance of doubt, mytabu accepts no liability in respect of access to or use of this Website by any User under the legal age to access our services in their jurisdiction.
1.9. Only Users, Members or Creators that are permitted to access and/or use this Website under the laws of the jurisdiction in which they access and/or use this Website shall be permitted to accept these Terms and Conditions and to continue accessing and/or using this Website.
2 Accounts - Registration
2.0 In order to Upload Content onto this Website, the User will first have to become a Member or Creator and create a Member Account or Creator Account. When registering, the User must provide accurate and complete information.
In order to gain full access to and/or use of this Website the User may:
1) Register as a Member; or
2) Register as a Creator.
2.1 For the avoidance of doubt, a User may access this Website without registering as a Member or Creator. Where a User has not registered as a Member or Creator, the User will only have access to limited functionality of this Website.
2.2 In order to register on this Website as a Member, a User will:
(a) Be able to choose a username and password that the User will need to enter on this Website once registered. Your username and password must remain confidential.
(b) Have to provide the following information during the registration process to open a Member Account:
(1) First name and surname;
(2) Username;
(3) Email address;
(4) Telephone number and/or SMS number.
2.3 Provide evidence of the User’s age by way of submitting current age and date of birth. mytabu accepts no liability in the event that a User submits fraudulent documentation.
2.4 Upon completion of the registration process the User shall become a Member.
2.5 Creator Accounts: In order to register on the Website as a Creator, a User will:
2.5.1 Be able to choose a username and password that the User will need to enter on the Website once registered. Your username and password must remain confidential.
2.5.2 Have to provide the following information (which must be accurate to the best of their knowledge) during the registration process to open a Creator Account:
(1) First name and surname;
(2) Username;
(3) Email address;
(4) Address;
(5) Telephone number and/or SMS number;
(6) Profile details;
2.6 Provide evidence of the User’s identity and Date of Birth by way of a Government–issued identity document such as a Passport, Driving License or other Government–recognised photographic ID. The copy of the User’s Passport, Driving Licence, or recognised government identity card will be automatically reviewed by mytabu’s third party provider processed via SMS, to validate the User’s identity, age, facial match and biometric 3D liveness detection. Approval of the User’s evidence of identity will be at mytabu’s sole and absolute discretion. mytabu accepts no liability in the event that a User submits fraudulent documentation.
2.7 The Creator’s age verification & authentication information will be processed by our chosen third-party age verification provider. More information is available in our Privacy Notice, included in this Terms of Service document by reference.
2.8 Upon completion of the registration process the User shall become a registered Creator.
2.9 Members and Creators must not allow anyone else to use or access their mytabu account unless expressly agreed in writing by mytabu.
2.10 In the event that the Member or Creator becomes aware of any unauthorised access to the Member Account or Creator Account, the Member or Creator must notify mytabu immediately by sending an email to: [email protected]
2.11 The Member or Creator must contact mytabu if they have forgotten, lost, or suspect they have forgotten or lost the password to their account.
2.12 The Member or Creator will be solely accountable to mytabu or any local law enforcement agencies or any competent authority for all activities taking place in connection with the Member Account or Creator Account.
2.13 The Member or Creator will not be entitled to use another Member Account or Creator Account without permission.
2.14 The Member or Creator shall not share, sell, or license access to their Member or Creator account to any other person or entity.
2.15 In the event that the Member or Creator breaches any of these Terms and Conditions or the Privacy Notice, mytabu reserves the right to immediately revoke the Member or Creator account and to prevent further access to the Website by the User.
2.16 mytabu will not be liable to the Member or Creator for any losses incurred by the Member or Creator as a result of unauthorised use of the Member Account or Creator Account. The Member or Creator may be liable to mytabu for any losses incurred by mytabu due to such unauthorised use.
3 Accounts - Suspension and Cancellation
3.1 mytabu reserves the right to terminate or suspend a Member or Creator’s account at any time and without notice.
3.2 Members or Creators may choose to cancel their accounts at any time.
3.3 The customer will retain access to the services they have purchased until the end of this period.
3.4 mytabu reserves the right to suspend accounts pending investigation if a Member or Creator is suspected to have violated these Terms. mytabu may terminate accounts where a violation of these Terms has been identified.
4 General Use of this Website - Permissions and Restrictions
mytabu grants the User access to and the Member or Creator permission to use this Website provided that:
4.1 The User or Member or Creator acts responsibly in accessing or using this Website and treats other Users, Members and Creators with respect;
4.2 The User or Member or Creator does not alter or modify, or attempt to alter or modify, any part of this Website, including any related technologies;
4.2.1 The Member or Creator does not use this Website or Upload Content through any unauthorised means or technology;
4.2.2 The User does not access this Website through any unauthorised means or technology;
4.2.3 The Member or Creator does not exploit this Website by Uploading Content for any commercial activity, without the prior written authorisation of mytabu. Commercial activity includes, but is not limited to:
4.2.4 Sale or access to this Website or any associated services where such sale or access occurs via another website;
4.2.5 Sale of advertisements on any website targeted to the Content Uploaded onto this Website, including Company Content or the Content;
4.2.6 Such other activities that mytabu may specify from time to time.
4.3 The User, Member or Creator must not impersonate another person’s identity or misrepresent the User’s, Member’s or Creator’s own identity or affiliation including using any third party’s personal details, or another Member’s or Creator’s password, account name, photo, email address or other such information held as part of the Member’s or Creator’s profile.
4.4 For the avoidance of doubt, commercial activity does not include:
4.4.1 Uploading original Content to this Website to promote the Member or Creator; or
4.4.2 Any use of the Website that mytabu expressly authorises in writing.
4.5 The Member or Creator must not Upload any copyrighted Content owned by a third party.
4.6 The Member or Creator must own the intellectual property rights in the Content they upload to the site, or have appropriate written permission from the owner of the Content.
4.7 The Member or Creator agrees that they have reviewed the Prohibited Content list found in Appendix A to these Terms, and that none of the Content they upload to mytabu falls into any Prohibited Content category.
4.8 The Member or Creator agrees that they have reviewed the Banned Words List in Appendix B to these Terms, and that none of the Content they Upload to mytabu will be tagged with any of the included words. mytabu reserves the right to restrict the use of the related words, and any other words, on the platform through the use of technical measures.
4.9 The User, Member or Creator warrant that:
4.9.1 The User shall access this Website and the Member or Creator shall only use this Website for purposes that are compliant with the laws of the United Kingdom;
4.9.2 The User, Member or Creator is not offended by nudity, sexual imagery or adult sexual activity;
4.9.3 The User, Member or Creator shall not allow any person under the age of 18 to access and/or use this Website.
5 Use of Company Content and Content on the Site
5.1 In addition to the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the User and Member or Creator accessing or using Company Content and/or Content or, where applicable, Uploading Content on this Website respectively:
5.1.1 mytabu owns all Company Content on this Website.
5.1.2 The Member or Creator owns all Content arising out of or in connection with Content Uploaded by that Member or Creator.
5.1.3 The User or Member or Creator is prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Company Content or Content on this Website whatsoever without, where concerning Company Content, the prior written consent of mytabu or, where concerning Content, the owner of the Content, except where the Website is configured to enable a download, whereupon the User or Member or Creator may download one copy to a single computer for home–usage during the regular course of browsing this Website. mytabu is not responsible for the websites to which mytabu is linked and does not assume any affiliation with any other websites unless otherwise stated.
5.1.4 The Member or Creator will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content from this Website, except Content owned by or licensed to such Member or Creator.
5.1.5 The Member and Creator are prohibited from Uploading any Content that is not original and owned or licensed to the Member or Creator for use on this Website.
5.1.6 For the avoidance of doubt, any comments, including any ratings, made by or Content Uploaded to this Website by the Member or Creator are made in the Member’s or Creator’s personal capacity and mytabu shall not be liable in anyway whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any such comments, including any ratings, or Content.
6 Ownership of Intellectual Property Rights
6.1 This Website and any and all Intellectual Property Rights arising out of or in connection with Company Content or this Website are owned by mytabu, save in respect of any Intellectual Property Rights belonging to any licensor, advertisers, partners, investors, sponsors of this Website or arising out of or in connection with any Content Uploaded by any Members or Creators.
7 Use of Content Uploaded
7.1 The Member or Creator may upload Content onto this Website in accordance with these Terms and Conditions. Once the Member or Creator chooses to publish content to this Website, the member or creator will be required to sign a consent form that authorises mytabu the absolute and irrevocable rights and permissions to use and publish all images/videos of the member of creator or in which they may be included and to allow the content to be uploaded onto the website for public distribution. The member of creator grants consent to be depicted in content which may be downloaded, if made available for downloading by other users. The Member or Creator will retain all ownership in the Intellectual Property Rights arising out of and/or in connection with such Content, provided the Member or Creator is the owner of such rights.
7.2 The Member or Creator acknowledges, represents and warrants that:
7.2.1 The Member or Creator has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable mytabu and its successors or assigns to display, broadcast, use, reproduce all of the Content Uploaded by the Member or Creator in connection with this Website or disseminate or distribute such Content Uploaded by the Member or Creator in connection with this Website; and
7.2.2 The Member or Creator will be solely responsible for the Content of Content Uploaded to this Website by the Member or Creator and for any consequential losses including any loss of profit or loss of business incurred by mytabu that may arise from Uploading such Content by the Member or Creator. mytabu shall not be liable to the Member or Creator for any disclosure or exploitation of the Content Uploaded to this Website.
7.3 The Member or Creator will not Upload or store on this Website any Content which may violate any third party’s or mytabu’s Intellectual Property Rights, which may violate the laws of the United Kingdom. The Member or Creator will not Upload or store on this Website any Content which may violate the laws of the country in which the Member or Creator accesses and/or uses this Website or Uploads Content to this Website. Members or Creators within the United Kingdom that are producers or consumers in respect of Content should be aware of the Obscene Publications Act and the Criminal Justice and Immigration Act, which criminalises the possession of ‘extreme’ pornography. Content featuring children or animals or those make references to incest or rape will not be accepted and mytabu shall inform local law enforcement agencies of any such Content Uploaded by any Member or Creator.
7.4 By Uploading Content onto this Website, the Member or Creator hereby grants to mytabu and its successors’ business or assigns an irrevocable, perpetual, non–exclusive, royalty–free, world–wide, transferable sub–licence and transferable licence to use, reproduce, distribute any and all of the Content Uploaded by the Member or Creator in connection with this Website, including without limitation, for promoting and redistributing part or all of this Website in any media format without any requirement of prior permission from the Member or Creator, or without any attribution to the Member or Creator. The Member or Creator hereby grants to each other Member or Creator of this Website a non–exclusive licence to access the Content through this Website, and to use, reproduce, distribute such Content as permitted through the functionality of this Website and under these Terms and Conditions. The foregoing licence granted by the Member or Creator will terminate once the Member or Creator, or mytabu, removes or deletes Content or any part thereof from this Website.
7.5 All content that is uploaded by Members or Creators are subject to approval by mytabu from time to time. Content will be moderated by mytabu on a random basis, or in the event that Content is brought to the attention of mytabu by any User, Member or Creator. The Member or Creator expressly agrees that mytabu may remove, disable or restrict access to or the availability of any Content from this Website (including, but not limited to, Content which the Member or Creator has Uploaded) which mytabu believes, in good faith and in mytabu’s discretion, violate mytabu’s Terms and Conditions or the laws of the United Kingdom. Prohibited Content includes but is not limited to Content which:
7.5.1 Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.5.2 Harasses or advocates harassment of any group or individual;
7.5.3 Exploits any group or individual in a sexual or violent manner;
7.5.4 Contains underage nudity, violence, or offensive subject matter;
7.5.5 Solicits confidential or personal information from any group or individual;
7.5.6 Publicly reveals information that poses or creates a privacy or security risk to any group or individual;
7.5.7 Constitutes or promotes information that is knowingly false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous, or is otherwise in the contravention of any of the laws of the United Kingdom;
7.5.8 Involves the transmission of unsolicited mail, instant messages or spam;
7.5.9 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, theft, child pornography, sexual assault, violating the privacy of any group or individual, or providing or creating malware; or
7.5.10 Involves commercial activities and/or sales without prior written consent from mytabu.
7.6 mytabu is under no obligation to any Member or Creator and therefore may, at mytabu’s discretion, refuse to remove any Content from this Website.
7.7 For the avoidance of doubt, the presence of the moderators of this Website shall not place any obligation on mytabu or the moderators to identify Content that is prohibited in the United Kingdom or the country in which the Member or Creator uses this Website or Uploads Content, or the country in which the User, Member or Creator accesses this Website.
7.8 mytabu reserves the right, but has no obligation to remove any Content except where mytabu is obligated under the law, and mytabu reserves the right to remove any Content, whenever, and for no reason whatsoever. For the avoidance of doubt, mytabu will co-operate fully with any local law enforcement agencies or any competent authority where necessary in respect of any Content Uploaded by any Member or Creator which breach these Terms and Conditions.
8 Contracts Between Creators and Members
8.1 Contracts for services provided are strictly between Creators and Members on the site. mytabu merely facilitates the formation of these contracts.
8.2 Disputes arising from contracts formed between Creators and Members will be strictly between the two parties involved. mytabu acts solely as an agent to introduce the parties and accepts no liability to refund Members for issues arising from non-compliance of contractual conditions on the part of Creators. Full Terms and Conditions for refunds at: Contracts
8.3 In cases of disputes or complaints, mytabu agrees to act as an intermediary for the purposes of mediation between Members and Creators. mytabu reserves the right to suspend or disable the accounts of Creators or Members who are found not to be performing in accordance with the terms of the contracts they form with other Creators or Members.
8.4 The Full Terms and Conditions at: Contracts
9 Contract between mytabu and Creators
9.1 By creating and publishing User Content on mytabu, you authorize your Fans to access and view (without copying) your User Content on mytabu for their own lawful and personal use. You also represent, warrant and undertake that for each submission:
9.1.1 You own, have a valid licence to, or otherwise control all rights in and to your User Content;
9.1.2 To the extent your User Content includes or utilises any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content;
9.1.3 You will not post any content depicting any person under 18-years old,
9.1.4 You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
9.1.5 Your User Content is non-confidential and will be made available to your Fans on mytabu.com.
9.2 You grant FDH Enterprises and Our licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
9.3 For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms.
9.4 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
9.5 You shall indemnify FDH Enterprise, FDH Enterprise licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content.
9.6 FDH Enterprise is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
9.7 Upon signing up to mytabu, you also agree to act as custodian of records for the content that you upload to mytabu
9.8 Any questions regarding User Content can be addressed by emailing [email protected].
10 Social Networking Features
10.1 Registered Users will have access to social networking features of mytabu, granting them the ability to message creators they are subscribed to. This feature can be disengaged for privacy if desired by the user and creator.
10.2 Registered Users will have the facility to message specific creators through the mytabu platform, and to post and publish text and media on the platform.
10.3 mytabu accepts no responsibility or liability for any content published by Users of the platform.
10.4 Members and Creators may not, without express permission, copy or distribute Content owned by the Creator or content publisher, and violation of this rule will lead to the User’s account being suspended by mytabu.
10.5 mytabu allows users to connect other adult and social media accounts to post on mytabu. By using this feature, you must fully comply with and respect their sites terms and conditions
11 Taxation and Other Charges
11.1 It is the responsibility of Creators and Members to plan, manage and pay all taxes or VAT on any relevant income in accordance with the rules of their country or territory of residence. mytabu accepts no liability for unpaid taxes or wrongly-filed taxes which are the responsibility of Creators.
12 Xero Integration
12.1 mytabu offers complementary integration with the Xero accountancy software for Users who wish to integrate their mytabu financial information with the platform.
12.2 The Xero platform is a third-party platform not provided by mytabu and they have separate Terms and Conditions which must be read individually.
12.3 mytabu accepts no liability for losses arising from the use of the Xero integration or Xero platform.
13 Termination Right
13.1 The licences granted by the Member or Creator in Clause 7 above, will terminate when the Member or Creator removes or deletes Content from this Website. In the event that the Member or Creator elects to terminate the Member’s or Creator’s legal agreement/contract with mytabu, the above licences granted by the Member or Creator in the Content that is not removed or deleted by the Member or Creator prior to the closing of the Member Account or Creator Account are perpetual and irrevocable, but are otherwise without prejudice to the Member’s or Creator’s ownerships rights.
14 Disclaimer of Content
14.1 mytabu does not in any way whatsoever endorse any Content Uploaded to this Website by the Member or Creator and expressly excludes any and all liability in connection with the Uploading of such Content by the Member or Creator.
15 Limitation of liability
15.1 It is mytabu’s stringent policy not to tolerate any infringement of intellectual property rights or violations of the laws of the United Kingdom or any other applicable laws. mytabu will use all reasonable endeavours to remove, disable, or restrict access to or availability of Content that in mytabu’s subjective view are considered infringing or illegal or are in the view of any local law enforcement agencies or any competent authority considered infringing or illegal. mytabu shall inform local law enforcement agencies and provide them with information regarding any suspected illegal activity.
16 Policy
16.1 Under no circumstances shall mytabu, its officers, directors, employees, or agents be liable to Users or Members or Creators in the event that any Content on this Website Uploaded by any Member or Creator is held to infringe any third party’s intellectual property rights or the intellectual property rights belonging to any other Member or Creator.
16.2 mytabu, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Content Uploaded by any Member or Creator on this Website.
16.3 Under no circumstances will mytabu, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.
16.4 Under no circumstances shall mytabu, its officers, directors, employees, or agents be liable for any bugs or malware which may be transmitted to or through this Website by any third party.
16.5 The Member or Creator agrees to indemnify and keep mytabu indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Member’s or Creator’s use of this Website.
16.6 The Member or Creator agrees to indemnify and keep mytabu indemnified against any and all losses or liabilities incurred directly by mytabu as a result of any breach or non–observance by the Member or Creator of any of these Terms and Conditions or the Privacy Notice.
17 Abuse and Complaints
17.1 mytabu operates a zero-tolerance policy with regards to abuse and hateful speech. mytabu reserves the right to suspend or instantly remove violators for engaging in any online harassment. mytabu assesses harassing behaviour with reference to the Online Harassment Glossary of Terms found in Appendix C to this document.
17.2 If the User or Member or Creator believes that a Member or Creator has Uploaded Content which is abusive or which otherwise violates these Terms and Conditions, mytabu provides an electronic complaint-handling form at https://mytabu.com/contact. Complaints will be responded to within 24 hours of receipt
17.3 In order for mytabu to respond effectively when submitting a complaint, please provide mytabu with as much detail as possible, including:
17.4 The nature of the abusive activity, the right infringed or law violated (including the registration numbers of any registered trademarks or patents allegedly infringed);
17.5 All facts which lead the User or Member or Creator to believe that a right has been infringed or law violated;
17.6 The precise location on the Website where the offending Content is located;
17.7 Any grounds on which the User or Member or Creator believes that the Member or Creator that Uploaded the Content was not authorised to do so or did not have a valid defence (including the defence of fair use).
18 Indemnification
18.1 The Member or Creator agrees to defend, indemnify and hold harmless mytabu, its officers, directors, employees, and agents from and against all claims which may be asserted against mytabu, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
18.2 The Member’s or Creator’s use of this Website; and
18.3 Any User’s or Member’s or Creator’s breach of these Terms and Conditions.
19 Data protection and confidentiality
19.1 mytabu has notified the Information Commissioner in the United Kingdom for the purposes of complying with the Data Protection Act(s) and with the General Data Protection Regulation. Registered A8807518
19.2 All personal data collected by mytabu about the User, Member or Creator is strictly confidential and will not be shared with any third party except as required by law, or as is detailed in the accompanying Privacy Notice.
20 Site availability
20.1 mytabu will endeavour to keep this Website running efficiently and accessible at all times. However, Users or Members or Creators will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
20.2 mytabu will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
20.3 Neither mytabu nor any other party has individual control over the Internet which is a global decentralised network of computer systems. Interruptions to this Website’s availability may occur due to events which are beyond control of mytabu, such as system malfunctions or failures experienced by third-parties. In these circumstances, mytabu will use its reasonable endeavours to restore the service as soon as reasonably practicable.
21 Termination
21.1 These Terms and Conditions will continue in force until terminated by either a Member or Creator or mytabu in accordance with Clauses 22.2 or Clause 22.3.
21.2 In the event that the Member or Creator wishes to terminate the legal agreement/contract with mytabu, the Member or Creator may do so at any time by notifying Mytabu and closing the Member’s Account or Creator’s Account. The Member’s or Creator’s cancelled via the website. However notice should be sent via email if the creator wishes to terminate whilst there are active subscriptions to [email protected]
21.3 mytabu may terminate its legal agreement/contract with the Member or Creator immediately if:
21.4 The Member or Creator breaches any provision of these Terms and Conditions or Privacy Notice;
21.5 mytabu is required to do so by law;
21.6 mytabu elects to terminate access to and/or use of this Website to Members or Creators situated in the country in which the Member or Creator is resident or from which the Member or Creator may wish to access and/or use this Website;
21.7 The Member or Creator Uploads any unlawful or offensive Content or any Content that breaches any provision of these Terms and Conditions;
21.8 The Member or Creator is found to be manipulating this Website by carrying out any activities including, but not limited to, hacking, using Trojan computer programs, attempting to launch automated systems, spiders or offline readers;
21.9 The Member or Creator attempts to harvest personal information located on this Website;
21.10 The Member or Creator uses the Website for non–agreed commercial purposes;
21.11 The Member or Creator exhibits any other unreasonable behaviour that threatens this Website; or
21.12 The Member or Creator requests to be de-registered.
21.13 For the avoidance of doubt, termination in accordance with Clause 22.3, by mytabu may result in legal action being brought against the Member or Creator.
21.14 For the avoidance of doubt, if the Member or Creator requests to be de-registered, mytabu will not be responsible for the accuracy of any Content Uploaded to this Website by that Member or Creator that remain on this Website.
21.15 Upon termination, all of the legal rights, obligations and liabilities that the Member or Creator and mytabu have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of Clause 14.1 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies or any competent authority, if necessary.
22 Website Disclaimer
22.1 mytabu makes no representation that Content Uploaded to this Website are appropriate in locations outside the United Kingdom, and accessing them from territories where the Content is illegal is prohibited. Users and Members or Creators of this Website that choose to access and/or use this Website from locations outside the United Kingdom are doing so on their own initiative and risk, and will be responsible for compliance with domestic laws.
22.2 mytabu disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title and non–infringement. This Website is made available to Users, Members or Creators “as is” without any warranties whatsoever about the nature, accuracy (either when Uploaded or as a result of the passage of time) of any Content on this Website, and Users, Members and Creators expressly agree that any User’s, Member’s or Creator’s access to and/or use of this Website is carried out willingly and under that User’s, Member’s or Creator’s own volition.
22.3 mytabu shall not be responsible for any Content Uploaded to this Website, and the Member and Creator agree to indemnify mytabu in accordance with Clause 16.6 and Clause 18.1 in respect of any actions or claims against mytabu arising in accordance with this Clause.
23 Entire agreement and severability
23.1 These Terms and Conditions, including the Privacy Notice, as amended from time to time, constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior agreements/contracts between the parties relating to it.
23.2 If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User or Member or Creator breaches these Terms and Conditions and mytabu takes no action against the User or Member or Creator, mytabu will not be considered to have waived its rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.
24 Force Majeure
24.1 mytabu shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including, but not limited to, the following:
24.2 Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
24.3 War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
24.4 Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
25 Jurisdiction
25.1 These Terms and Conditions shall be governed by the laws of England and Wales and the User or Member or Creator agrees that any issues arising from these Terms and Conditions shall be settled by arbitration in the English Courts. The User or Member or Creator accepts that nothing in this clause shall prevent Mytabu from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.
Users, Members, and Creators agree that they will not upload any Content to mytabu which is specifically prohibited.
mytabu’s Prohibited Content policy can be found below. Members and Creators are gently reminded that all Content uploaded to mytabu must comply with the laws of England and Wales:
1) No animal sexual activity. There cannot be any sexual activity or inappropriate conduct with animals. Please make sure that there are no animals present in any of your adult Content.
2) No asphyxiation or breath play.
3) No blood, real or simulated. No broken skin. Skin reddening is okay.
4) No branding or burning of the skin.
5) No cannibalism, fictional or otherwise.
6) No consumption of drugs or alcohol. Content showing smoking is permitted provided it is made clear that it is tobacco being smoked.
7) No insect or animal crushing, including any invertebrates. Food or inanimate objects may be crushed.
8) No hate speech or inciting violence.
9) No horror or snuff. Content may not depict people being killed or maimed, fictional or otherwise.
10) No incest. Incest-themed role play is acceptable, but people depicted in Content uploaded to Mytabu must not actually be related to each other.
11) No “consensual non-consent”, CNC, or “rape play”. This includes kidnapping or abduction play.
12) No hypnosis.
13) No menstrual blood during intercourse must be shown in uploaded Content. Menstruation on its own is fine.
14) No necrophilia, fictional or otherwise.
15) No needle play or stapling.
16) Content depicting urination is not allowed,
17) No scat or feces. Content must now show any real or simulated feces.
18) Content depicting diapers or the wearing of diapers is allowed, as long as it does not depict any fecal matter.
19) Content must not show any sleeping or unconscious people, whether acted or otherwise.
20) No underage Content, whether real or simulated. Site Users must not use Mytabu to discuss or encourage underage sex.
21) Content must not depict weapons. This includes the use of knives as props or play instruments.
22) Content must not be tagged with any of the words on the “Banned Words List” found in Appendix B to these Terms.
27 Appendix B - Banned Words
The following list is not exhaustive and may be read to implicitly include variations on the words below, as well as any attempts to spell the words below through character substitution (for example by using “leetspeak”, or by making use of homograph characters from non-Latin alphabets).
Mytabu reserves the right to add or remove any terms from the list below at any time.
The use of the following words is banned on the Mytabu platform:
Appendix C – Online Harassment Glossary of Terms
Cyberbullying
Definition: An umbrella term (like “online harassment”) meant to encompass a number of harassing online behaviours. Like physical bullying, “cyberbulling” is generally aimed at young people and may involve threats, embarrassment, or humiliation in an online setting.
Cyberstalking
Definition: In a legal context, “cyberstalking” is the prolonged use (a “course of conduct”) of online harassment intended “to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate” a target.. Cyberstalking can comprise a number of harassing behaviours committed repeatedly or with regularity that usually cause a target to suffer fear, anxiety, humiliation, and extreme emotional distress
Doxing
Definition: “Doxing” involves publishing someone’s sensitive personal information online in an attempt to harass, intimidate, extort, stalk, or steal the identity of a target. “Sensitive information” can include social security numbers, phone numbers, home addresses, personal photos, employment information, email addresses, and family Members’ personal information.
Hacking
Definition: The unauthorised intrusion into a device or network, hacking is often carried out with the intention to attack, harm, or incriminate another individual by stealing their data, violating their privacy, or infecting their devices with viruses. When hacking is used to perform illegal activities or intimidate a target, it is a cybercrime.
Hateful speech and online threats
Definition: By far the most common form of online harassment, hateful speech or threats, both explicit and implicit, can be issued by an ill-intentioned internet User pretty much anywhere on the web.
Hateful speech: Hateful speech is a form of expression attacking a specific aspect of a person’s identity, such as one’s race, ethnicity, gender identity, religion, sexual orientation, or disability. Hateful speech online often takes the form of ad hominem attacks, which invoke prejudicial feelings over intellectual arguments in order to avoid discussion of the topic at hand by attacking a person’s character or attributes.
Threats: Threats issued online can be just as frightening as they are offline, and are frequently meant to be physically or sexually intimidating.
Message Bombing (via email, text, SMS)
Definition: “Message bombing” is the intentional flooding of a person’s or institution’s phone or email accounts with messages meant to limit or block a User’s access to a device’s operating system or platform. Because large numbers of messages sent in a short period of time can typically render a person’s account unusable, this is an effective way for a harasser to prevent you from using your devices or accessing your online accounts. Message bombing typically occurs over texting apps, chat apps, or email accounts.
Non-consensual, intimate images and videos (such as “revenge porn”)
Definition: Non-consensual pornography—or revenge porn, as it’s commonly called—is “the distribution of private, sexually-explicit images or videos of individuals without their consent,” according to the Cyber Civil Rights Initiative. Revenge porn can also fall under the category of “sextortion,” i.e. “the threat of distributing a nude or sexually-explicit image or video in an effort to blackmail an individual.”
Online Impersonation (or, Impersonation Trolling)
Definition: “Online impersonation” is a strategy whereby harassers create hoax social media accounts, usually in order to post offensive or inflammatory statements in your name. In most cases, the harasser’s intention is to defame or discredit you, often by convincing others to believe the fake quotes attributed to you, which might then incite others to commit additional acts of harassment. Impersonation trolling can also happen when a harasser impersonates someone you know in order to offend or hurt you.
Online Sexual Harassment
Definition: Online sexual harassment — which is targeted at women at a far higher rate than men — encompasses a wide range of sexual misconduct on digital platforms and includes some of the more specific forms of online harassment included in these T&Cs (see “revenge porn” and “cyberstalking”). It often manifests as hateful speech or online threats. The Project deSHAME report on young people’s experiences with this type of abuse outlines four distinct types of online sexual harassment:
Non-consensual sharing of intimate images and videos: As described above, this type of abuse — often referred to as “revenge porn” — is defined as the public distribution of sexually explicit images without the consent of the victim.
Exploitation, coercion, and threats: These forms of abuse are defined in the Project deSHAME report as “a person receiving sexual threats, being coerced to participate in sexual behaviour online, or blackmailed with sexual Content.”
Sexualized bullying: When someone is excluded from a group, often systematically, through the use of humiliating or discriminatory sexual Content.
Unwanted sexualisation: When a person receives “unwelcome sexual requests, comments and Content,” according to Project deSHAME.
Trolling
Definition: “Trolling” is one of those terms that’s evolved so much over time as to have no single agreed-upon meaning. Internet Users use the word to denote everything from serious acts of online hate speech to the playful distribution of memes and comments on a friend’s social media page.
Concern trolling: When harassers pose as fans or supporters of your work with the intention of making harmful or demeaning comments masked as constructive feedback. (According to Sarkeesian, “when targeting women, this is most often done through ‘helpful’ suggestions on how to improve one’s appearance. . . . The concern troll’s disingenuous comments are actually designed to undercut or demean you.”)
Dogpiling: When a group of trolls works together to overwhelm a target through a barrage of disingenuous questions, threats, slurs, insults, and other tactics meant to shame, silence, discredit, or drive a target offline.
A third category of online trolling that applies to writers and journalists includes:
Bot trolling/sockpuppet trolling: Bot accounts come in two flavours: automated accounts, which are controlled by a code or an app in order to impart a particular agenda, and individual accounts, which are set up by a single User with the intention of mimicking real Users (known as “sockpuppet” accounts). Bot accounts are used for a variety of reasons, from promoting propaganda to amplifying hate or defamation against targeted individuals. DFRLab describes the basic criteria for bots as “activity, amplification, and anonymity.” Signs you may be the target of bot trolling:
While bot trolling can be just as exhausting and emotionally taxing as other forms of trolling, some targets of bot trolling are relieved to learn that this kind of attack isn’t personal, and that they’re not at risk of harm.