OnlytheXclusive Terms of Service
Ownership and Operation: OnlytheXclusive, a limited liability company based in Toronto, owns and operates www.onlythexclusive.com and all affiliated websites and mobile versions (collectively "OnlytheXclusive"). This social media platform allows creators to upload photos and videos and set prices for access to their content. Fans can pay to access this content. "You" or "User" refers to both Creators and Fans.

Agreement to Terms: By using OnlytheXclusive, you agree to be bound by these Terms of Service. Please read these Terms carefully, especially the sections on disclaimers of warranties, limitations of liability, releases, class action waivers, mandatory arbitration, and disputes. If you do not agree to these Terms, you must not use OnlytheXclusive.
Changes to Terms: We may update these Terms occasionally. Changes will be effective from the "last update" date on this page and will not apply retroactively to ongoing disputes. While we may attempt to notify you of changes, it is your responsibility to check this page regularly. Continued use of OnlytheXclusive after changes are posted constitutes acceptance of the revised Terms. If you disagree with the revised Terms, stop using OnlytheXclusive.

General Provisions:
a. No Minors: OnlytheXclusive is for adults only, specifically those who are at least 18 years old and have reached the age of majority in their location. If you do not meet these age requirements, you must leave OnlytheXclusive immediately. This aligns with the age of majority as defined in the Ontario Age of Majority and Accountability Act, R.S.O. 1990, c. A.7.
b. Parental Control Notice: Parental control protections are available to limit minors' access to harmful material. For more information, search online for "parental control protection
c. No Child Sexual Abuse Material (CSAM): OnlytheXclusive strictly prohibits any pornographic content involving minors, in accordance with the Canadian Criminal Code, Section 163.1, which prohibits the production, distribution, and possession of child pornography. If you encounter such material, report it immediately to contact@onlythexclusive.com with relevant evidence. We will investigate and take appropriate action, cooperating fully with law enforcement.
d. No Prostitution or Sex Trafficking: Any activity related to prostitution or sex trafficking is strictly forbidden. This complies with the Protection of Communities and Exploited Persons Act (PCEPA), which criminalizes the purchase of sexual services and the advertising of sexual services. Violation of this policy may result in account deletion without refund or payout.
e. User Content: OnlytheXclusive does not own User Content, which includes media uploaded by users. Transactions and interactions are between users, and OnlytheXclusive is not a party to these. User Content is provided "AS IS" and is for personal use only. Users cannot exploit this content without written consent from the Company or the content's licensors.
f. Company Rights: We reserve the right to:
Modify, suspend, or terminate OnlytheXclusive or any part of it.
Restrict or terminate your access.
Verify the information you provide.
Ensure compliance with these Terms and applicable laws.
Suspend or terminate accounts for violations.
Remove non-compliant content.
Monitor use of OnlytheXclusive.
Investigate and cooperate with law enforcement on misuse or illegal activities.
Disclose user information as needed for investigations or legal processes.
Change payment processors as necessary.
License to Use: You are granted a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use OnlytheXclusive for personal, lawful purposes. This license can be revoked at any time for any reason. Compatibility with devices is not guaranteed, and it is your responsibility to ensure compatibility. Updates to OnlytheXclusive will be made available as necessary.

2. Accounts
a. Fans: To create an account on OnlytheXclusive as a Fan, you must provide a valid email address, a username, and a password, or authenticate using a valid social media account. To purchase content, you will need to add a valid payment method. OnlytheXclusive does not store any payment information.
b. Creators: To create an account on OnlytheXclusive as a Creator, you must complete the registration process and be approved by the Company at its sole discretion. To sell content, you need to add a verified bank account or another approved payment method and submit additional legal information, such as a W-9 if you are a U.S. resident. Earnings will be paid into your designated payment method via our payout processors or direct bank wire. OnlytheXclusive does not store any bank account information, except as stored by third-party payout processors for those seeking payment via direct bank wire.
By registering as a Creator, you authorize us or our contractors to collect, store, and maintain certain biometric information, such as retina or iris scans, fingerprints, voiceprints, or scans of your hand or face geometry from any content or verification documents you provide.
c. User Certifications: By registering on OnlytheXclusive, you certify that:
All account registration, profile information, and content you provide is your own and is complete, truthful, and accurate.
You are fully responsible for all activities that occur under your account and will log out after each session.
You will use caution when accessing your account from public or shared computers to protect your password and personal information.
You are responsible for keeping your login details confidential and secure and will notify us immediately if you believe your account has been compromised.
If you previously had an account on OnlytheXclusive, it was not suspended or terminated for violating these Terms.
You will not use unauthorized third-party payment processors to accept payments for subscriptions or services via OnlytheXclusive.
You register for your own personal use and will not sell, rent, or transfer your account to any third party.
If you use OnlytheXclusive on behalf of a business or entity, you have the authority to grant all licenses stipulated in these Terms and to bind the business or entity to these Terms.
d. Your Content: You may submit materials for publication on OnlytheXclusive. You represent and warrant that you own or have the right to all User Content. You retain ownership rights but grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform your User Content for the Company’s business. You consent to being depicted in any User Content you post and to the public distribution of such content on OnlytheXclusive. Users are granted a nonexclusive, royalty-free license to access and use your content as necessary under these Terms. User Content is not considered confidential and may be displayed publicly in accordance with these Terms. We will not reproduce content behind a paywall.
You warrant that you have written releases from anyone depicted in your User Content confirming their consent to the recording and publication of such content. You are solely responsible for your User Content and the consequences of posting it on OnlytheXclusive.
e. Co-Authored Content: As a Creator, you may share content that includes other third parties ("Co-Authored Content"), provided that:
You tag each depicted Creator or identify the third party and provide documentation confirming age, identity, and consent.
You maintain government-issued identification confirming each depicted Creator is at least 18 years old.
You have written documentation of each depicted Creator's consent to being depicted and to public distribution on OnlytheXclusive.
You promptly provide this documentation upon request.
You do not use or request login credentials for any other User’s account.
You are responsible for your account and safeguarding your login credentials.
We may withhold public distribution of Co-Authored Content until all depicted Creators confirm their identity and consent. You are responsible for any revenue-sharing arrangements for Co-Authored Content, governed by private agreements. We are not responsible for enforcing these agreements. You release us from all claims arising from Co-Authored Content.
f. Deactivation: To deactivate your OnlytheXclusive account, select the deactivation option in your account settings.

3. Purchases and Payments
a. Purchasing Subscriptions: Fans can subscribe to a Creator's content by clicking the "Subscribe" button on the Creator’s profile, provided they have a valid payment method on file. By subscribing, you authorize the Company to automatically charge your payment method on the first day of each billing period until you cancel the subscription.
b. Wallets: We may offer the option to prepay funds into a wallet for use on subscriptions, pay-per-view content, tips, and other purchases. You cannot split purchases between your wallet and other payment methods. If a purchase exceeds your wallet balance, we may charge the full amount to your payment card. Wallet funds are typically non-refundable, though we may address refund requests at our discretion.
c. Trials: Creators may offer trial subscriptions to Fans. If you purchase a trial, you get access at a discounted rate for the trial period. At the end of the trial, you will be charged the full subscription price for each subsequent period unless you cancel before the trial ends.
d. Canceling Subscriptions: You can cancel a subscription anytime by turning off the "Auto-Renew" option on the relevant Creator profile. Cancellations do not entitle you to a refund, but you will retain access to the content until the end of the current billing period. If you block another user, you immediately lose access to their content without a refund or credit for remaining days. If another user blocks you, we reserve the right to decide if you will receive any refund or credit for the remaining subscription period.
e. Subscriptions Canceled by the Company: If your payment method becomes invalid, we may revoke your access to paid services until you update your payment method. If not updated in a reasonable time, we may cancel your subscription.
f. A la Carte Purchases and Tips: Fans with a valid payment method can purchase Creator content a la carte or tip Creators. By doing so, you authorize the Company to charge your payment method for the content.
g. Payment Processing: Transactions on our platform are facilitated by third-party payment processors. We are not liable for delays or issues caused by these processors, though we will attempt to mitigate such issues.
h. Refunds: Generally, purchases and fees are non-refundable. However, we reserve the right to address refund requests and issue refunds at our discretion.
i. Virtual Currency: We may accept virtual currencies like Bitcoin for purchases and payments. These transactions are irreversible, and any refunds are at our discretion, potentially in the form of virtual currency or its cash equivalent. We are not responsible for value fluctuations of virtual currencies, and additional fees may apply.
j. Taxes Related to Purchases: Any taxes related to your purchase will be charged at the time of transaction. You are responsible for reporting and paying any applicable taxes, duties, or fees, aside from income tax.
k. Taxes for Australian Sales: A Goods and Services Tax (GST) applies to all sales to Australian consumers. OnlytheXclusive will handle the collection, reporting, and remittance of GST at the current rate of 10%, calculated as 1/11th of the gross sale.
l. Billing Errors: If you believe there is a billing error, notify the Company in writing within 30 days of receiving the billing statement. Failure to do so waives your right to dispute the charges. Submit billing disputes via email to contact@onlythexclusive.com with a detailed statement of the error. The Company will correct any mistakes and credit or debit your account accordingly.
m. Chargebacks: If a purchase results in a chargeback, we may suspend or terminate your account immediately.
n. Selling Content: Creators earn 80% of revenue from subscriptions, sales, or tips. A valid payout method must be added for payments to be issued. We may deduct any earnings from chargebacks or content violations from your revenue.
o. Referral Program: You may earn income through a unique referral URL for new Creators & Users registering via your link. Referral payments are made according to the terms on OnlytheXclusive. You may not use advertising services to impersonate the Company for referrals.
p. Inactive Status: Accounts inactive for one year will incur a monthly fee of $5 USD from the existing balance until it reaches zero. This fee will not be charged to your credit card. Logging in will stop the deductions, but no refunds will be issued. We will notify you of inactivity by email.

4. Acceptable Use
a. Prohibited Uses:
You agree to use OnlytheXclusive solely for purposes explicitly permitted by these Terms. Without our prior written consent, you are prohibited from:
Violating any applicable law, regulation, or treaty, including those against sex trafficking, prostitution, intellectual property violations, obscene speech, or violations of confidentiality and privacy rights.
Downloading content unless explicitly permitted.
Using ad-blocking software while accessing OnlytheXclusive.
Failing to comply with legal orders from competent courts.
Accessing OnlytheXclusive if you are a registered sex offender.
Posting harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, or otherwise objectionable content.
Sharing content considered harmful or offensive to the reasonable person standard, accounting for community standards among Creators and users.
Posting hate speech or content that vilifies, humiliates, or incites hatred or fear against any protected class based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, age, disability, or veteran status.
Sharing content that depicts, promotes, or solicits illegal activities, including sexual activity involving minors, incest, bestiality, non-consensual acts, necrophilia, consumption of bodily fluids, scatological content, age-play, human trafficking, revenge porn, illegal drugs, suicide, or self-harm.
Advertising or soliciting the sale or purchase of used clothing.
Sharing content depicting anyone under 18 or without proper documentation of age and consent.
Extorting money or benefits in exchange for content removal.
Using or promoting regulated gaming, sweepstakes, or discriminatory employment ads.
Selling or purchasing used or soiled clothing.
Collecting personal information without consent or using OnlytheXclusive materials for commercial purposes.
Using graphic nudity in profile avatars or banners.
Impersonating individuals or entities without consent, accessing accounts without permission, misrepresenting information, or engaging in other fraudulent activities.
Sending unsolicited sexual content or engaging in nonconsensual sexual objectification.
Using media to communicate prohibited activities.
Engaging in disruptive behavior like spamming, trolling, or griefing.
Manipulating the platform with bots or fraudulent means.
Circumventing security features or disrupting Company operations with malicious software.
Reverse engineering or attempting to discover source code.
Using automated processes to scrape OnlytheXclusive without permission.
Modifying or creating derivative works based on OnlytheXclusive.
Exploiting OnlytheXclusive commercially or framing/mirroring it.
Imposing excessive demands on our technology infrastructure.
Attempting any prohibited activities or assisting others in doing so.
b. Violations of Prohibited Uses:    
Engaging in any prohibited use is a breach of these Terms and may lead to immediate suspension or termination of your account without notice. We reserve the right to forfeit payments for violations and may refund affected users. We may also pursue legal remedies against unauthorized use, including civil, criminal, or injunctive relief.
c. Additional Prohibited Uses for Creators:    
Creators must act in the best interests of the Company. Violations may result in account deletion and permanent ban without payment. Prohibited actions include:
Deceiving users about paid content.
Defrauding the Company or users.
Fraudulently passing recorded content as live.
Failing to honor lawful representations made to fans.
Recording or broadcasting nudity or sexual activity in public places.
Releasing personal information without consent.
Soliciting or accepting payments for sexual activity-related travel or meetings.
Harassing, defaming, or interfering with the Company or users.
d. Reporting Violative Content and Activities:    
If you encounter content or activities violating these Terms, email contact@onlythexclusive.com with detailed information, including links, usernames, date and time, and reasons for removal or investigation. Creators must report all violative content and activities, or risk being considered complicit.
e. Law Enforcement:    
We will cooperate with law enforcement and court orders requesting user identity or location disclosure in breach of these Terms, per our privacy policies and applicable law. If your activity incurs legal expenses for the Company, you agree to reimburse us upon request.

5. Third Party Websites
a. Twitter Integration:    
OnlytheXclusive allows users to connect their X accounts to post auto-tweets. By using this feature, you must fully comply with X’s terms of service.
b. Linking to OnlytheXclusive:    
You may link to our homepage on your third-party social media accounts, provided that the link is fair, legal, and does not damage our reputation or take advantage of it. You must not establish a link in a way that suggests any form of association, approval, or endorsement by OnlytheXclusive without our explicit consent.
c. Links to Third-Party Websites:    
OnlytheXclusive may contain links to third-party websites and resources, including advertisements and sponsored links. These links are provided solely for your convenience. We have no control over the content of these third-party sites and resources and accept no responsibility for them or any loss or damage resulting from your use. Accessing any third-party websites linked on OnlytheXclusive is at your own risk and subject to the terms and conditions of those websites.

6. Intellectual Property Rights
Copyrights:
Except for User Content, all content on OnlytheXclusive—including information, software, text, displays, images, video, audio, design, selection, and arrangement—is owned by us, our licensors, or other content providers and is protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on OnlytheXclusive, 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.
Except for User Content, no right, title, or interest in or to OnlytheXclusive or any content on OnlytheXclusive is transferred to you, and all rights not expressly granted are reserved by us. Any use of OnlytheXclusive not expressly permitted by these Terms constitutes 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 OnlytheXclusive in violation of the Terms, your right to use or access OnlytheXclusive will cease immediately, and you must return or destroy any copies of the materials you have made at our option.
To comply with the Canadian Copyright Act and the U.S. Digital Millennium Copyright Act (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement and take appropriate action, including removing or disabling access to allegedly infringing User Content and, if deemed appropriate by the Company, terminating the associated User account. For more information on how the Company handles claims of copyright infringement, please visit our DMCA Policy.
Trademarks:
The OnlytheXclusive name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of OnlytheXclusive or our affiliates or licensors. You must not use these trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans on OnlytheXclusive are the trademarks of their respective owners.

7. Disclaimer of Warranties
By using OnlytheXclusive, you acknowledge and agree to the following:
a. OnlytheXclusive and all services and features provided by the Company are offered without warranties of any kind, whether express or implied. To the maximum extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
b. We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of OnlytheXclusive, nor do we guarantee the results of your use of OnlytheXclusive. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, other visitors to OnlytheXclusive, or anyone informed of its contents.
c. Your use of OnlytheXclusive and the Company’s services and features is entirely at your own risk. We do not warrant or guarantee that OnlytheXclusive or the Company’s services and features will be available at any particular time or location, or that they will be secure, uninterrupted, or free from errors, viruses, or 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 virus protection and the accuracy of data input and output. You should also maintain 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 OnlytheXclusive or any services or items obtained from the Company. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

8. 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:
a. Errors, mistakes, or inaccuracies of content. 
b. Personal injury or property damage resulting from your access to and use of OnlytheXclusive. 
c. User Content or any conduct by Users that violates these Terms.
d. Products sold by other users, whether or not such sales are expressly prohibited by these Terms. 
e. 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. 
f. Interruption or cessation of transmission to or from OnlytheXclusive. 
g. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through OnlytheXclusive by any person or that might infect your computer or affect your access to or use of OnlytheXclusive or your hardware or software.
h. Incompatibility between OnlytheXclusive and your other services, hardware, or software. 
i. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with OnlytheXclusive.
j. Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through OnlytheXclusive.

9. Releases
By using OnlytheXclusive, you 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.

10. Exclusion of Damages
a. Except in cases of gross negligence or intentional misconduct, 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 consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or inability to access OnlytheXclusive or the content. This exclusion applies regardless of theory of liability and even if the Company was advised of the possibility of such damages or should have known about them.
b. Additionally, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for damages including, but not limited to: (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 privacy, or (11) computer failure related to your access of or inability to access OnlytheXclusive or the content. This exclusion applies regardless of theory of liability and even if the Company was advised of the possibility of such damages or should have known about them.
c. If you are dissatisfied with OnlytheXclusive or have any other complaint, your exclusive remedy is to discontinue using OnlytheXclusive or file a complaint according to the procedures outlined below. 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 United States dollars ($100 USD) 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.

11. Complaints
OnlytheXclusive is committed to promptly resolving all complaints and appeals in good faith.
a. You can report any media directly on the site or by sending an email to contact@onlythexclusive.com including 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 consented to the recording of the content, and whether you consented to the publication of the content on OnlytheXclusive).
We aim to operate this system efficiently and fairly, striving to resolve all reports within seven (7) business days and providing clear guidelines to prevent recurrence of issues. Any illegal content is immediately removed. We do not take action against users for activity occurring on another platform or offline. Blocking the reported user to prevent further interactions may be suggested.
b. Appeals regarding abuse takedowns can be sent to contact@onlythexclusive.com with a written description of the basis for the appeal. Disputes over consent that cannot be resolved internally are referred to neutral arbitration at our expense. Once action is taken or if further information is needed, we will contact you via email or other electronic means.
c. We reserve the right to take advanced actions against users who (1) repeatedly violate our rules, or (2) engage in a single egregious violation of our rules. Such actions may include, but are not limited to, account deletion and permanent banning from OnlytheXclusive.
d. Copyright infringement disputes are handled by sending DMCA notices to our Designated DMCA Agent in accordance with our DMCA Policy. Our response to DMCA notices or counter-notifications is governed by the Digital Millennium Copyright Act and our DMCA Policy.

12. Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations stated herein are applied to the fullest extent permitted by law, but not beyond. The Company does not intend to waive any mandatory protections provided to you by law. In jurisdictions where certain warranties cannot be disclaimed, damages excluded, or other matters addressed, some or all of these disclaimers, exclusions, or limitations may not apply to you.

13. Indemnification
a. Indemnification Provision: You agree to indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) for any losses suffered by them due to any of the following: your use of OnlytheXclusive; your activities on OnlytheXclusive, including any content you submit; your breach of these Terms; your violation of the rights of any person, including intellectual property and privacy rights; your violation of any law; your negligent, fraudulent, or intentional conduct; or your criminal activities, except where the losses result from intentional misconduct by the Indemnified Parties.
b. Definitions Related to Indemnification: “Loss” refers to any amount for which the Indemnified Parties are held legally liable, including judgments, settlements, fines, damages, injunctive relief, employee compensation, loss of property value, and expenses incurred in defending against claims for such losses (including legal fees, expert witness fees, and other advisory costs). A loss can be tangible or intangible, arising from bodily injury, property damage, or other causes, and may be based on tort, breach of contract, or any other legal theory, encompassing direct, incidental, and consequential damages. A loss is deemed “caused by” an event if the event is a necessary condition for the loss, even if it is not the proximate cause.
c. Indemnified Parties’ Duty to Notify You: If the Indemnified Parties possess your contact information, they will notify you within 30 days of becoming aware, or when they should reasonably have become aware, of any claim for a loss that you may be obligated to indemnify. However, their failure to provide timely notice does not relieve your obligation, unless such failure prejudices your ability to defend against or mitigate the losses.
d. Legal Defense of Claims: The Indemnified Parties have the right to control the defense of any claim for a loss, including settlement, unless they direct you to assume control. If directed to manage the defense, you must not settle any litigation without their written consent if the settlement: (1) imposes penalties or restrictions on the Indemnified Parties, (2) acknowledges fault on their part, or (3) fails to fully release them from liability. You and the Indemnified Parties must cooperate in good faith on any claim.
e. Non-Exclusivity: The rights of the Indemnified Parties under this provision are in addition to any other rights they may have.

14. Disputes
a. Governing Law: These Terms and any disputes arising from your use of OnlytheXclusive are governed by the laws of the Province of Ontario, Canada, excluding its conflict of law principles. These Terms primarily concern services and intellectual property licensing, not the sale of goods. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Except for disputes subject to arbitration, all disputes related to OnlytheXclusive or these Terms will be exclusively resolved in the courts located in Toronto, Ontario, Canada. Each party consents to the personal jurisdiction of these courts and waives any objections based on forum non conveniens. OnlytheXclusive is deemed to be based solely in Ontario and is considered a passive website, not subjecting the Company to personal jurisdiction in any other jurisdiction, either specific or general.
b. Dispute Resolution: Before asserting a claim that the other party has not fulfilled its obligations under these Terms, each party will provide the other with a reasonable opportunity to comply. The parties will first attempt to resolve any disputes arising from or related to OnlytheXclusive or these Terms through good faith negotiations.
c. Litigation Election: Either party may choose to litigate the following types of disputes: (a) actions seeking injunctive relief, or (b) suits to enforce compliance with this dispute resolution process.
d. Mediation: If negotiations do not resolve a dispute within thirty (30) days, either party may demand that the dispute be mediated by a certified mediator in Ontario. If the parties cannot agree on a mediator within thirty (30) days, the dispute may proceed to arbitration or litigation as provided in these Terms. Mediation will occur in Toronto, Ontario, or another location agreed upon by the parties. English will be the language used in mediation. Each party will bear its own mediation costs, and they will share equally all third-party mediation expenses unless otherwise agreed in writing. Both parties will actively participate in mediation proceedings and attend at least one joint meeting with the mediator.
e. Arbitration: If mediation fails to resolve the dispute, any remaining unresolved disputes arising from or related to OnlytheXclusive or these Terms will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. A single arbitrator will conduct the arbitration. The arbitrator will have exclusive authority to resolve all disputes regarding the interpretation, enforceability, or formation of these Terms, including any claims that these Terms or any part thereof are void or voidable. Unless the parties agree otherwise, arbitration will take place in Toronto, Ontario. Each party will bear its own filing, administrative, and arbitrator fees. The arbitrator may award relief that would be available in court, but will not award punitive or exemplary damages or damages excluded under these Terms. The arbitrator’s award will include arbitration costs, reasonable legal fees, and reasonable costs for expert witnesses. The award will be binding and enforceable in any court of competent jurisdiction. Unless required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.
f. Right to Injunctive Relief: This section does not prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to OnlytheXclusive.
g. Recovery of Expenses: In any legal proceedings between the parties under these Terms or relating to their subject matter, the prevailing party is entitled to recover from the other party all expenses incurred, including legal fees and expenses. The term “prevailing party” means the party in whose favor the award is made, except where the award favors both parties on different claims or counterclaims, in which case neither party is the prevailing party. If proceedings are voluntarily dismissed or settled, neither party is considered the prevailing party.
h. Jury Trial Waiver: Both parties waive their right to a jury trial for disputes arising from or related to OnlytheXclusive or these Terms, enforceable up to and including the first day of trial.
i. Class Action Waiver: All claims must be brought on an individual basis, not as part of a class or representative action. Unless otherwise agreed by the Company, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that they waive the right to participate in class actions.
j. Limitation on Time to Bring Claims: Claims arising from or related to OnlytheXclusive or these Terms must be filed within one year after the cause of action accrues. Claims filed after one year are barred.

15. Miscellaneous
a. Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of OnlytheXclusive, superseding all prior or contemporaneous agreements. A printed version of this agreement will be admissible in any proceeding arising from or related to these Terms, under the same conditions as other business documents and records originally generated and maintained in printed form. Additional terms specific to OnlytheXclusive will govern their respective subject matter.
b. Assignment and Delegation: The Company may assign its rights or delegate any obligations under these Terms without your consent. You may not assign your rights or delegate your obligations under this agreement without the Company’s prior written consent. Any attempted assignment or delegation in violation of this provision is void.
c. No Waivers: Any waiver of any provision of these Terms by the Company must be in writing and signed by the Company to be enforceable. No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy.
d. Severability: The parties agree:
If any provision of these Terms is held to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or disregarded if modification is not permitted by law, without affecting the enforceability of the remaining provisions.
If modifying or disregarding the unenforceable provision would undermine the fundamental purpose of these Terms, the entire agreement may be deemed unenforceable.
Should an unenforceable provision be modified or disregarded in accordance with this section, the remainder of these Terms shall remain in full force and effect.
The unenforceability of any provision shall not affect its enforceability under different circumstances.
e. Notice to the Company: You may send notices to the Company via email at contact@onlythexclusive.com, unless another specific email address is provided for notices. Notice is considered received when the Company’s server sends an acknowledgment email to you. The Company may update its contact information by posting such changes on OnlytheXclusive.
f. Notice to You: By using OnlytheXclusive, you consent to receiving electronic communications from the Company, including emails to your registered email address, notifications on your account, or postings on OnlytheXclusive. The Company considers electronic notices received upon transmission from its email service. You confirm that your provided email address is current and valid for receiving notices, and your computer is configured to send and receive emails and print electronic communications.
g. Force Majeure: The Company is not liable for failure to perform if circumstances beyond its reasonable control delay or prevent performance, including but not limited to: natural disasters, war, terrorism, government actions, labor shortages, infrastructure failures, and computer or telecommunications failures.
h. No Third-Party Beneficiaries: These Terms do not confer rights or remedies upon any person other than the parties.
i. Relationship of the Parties: These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between the parties.
j. Successors and Assigns: These Terms bind and benefit the parties and their respective successors and permitted assigns.
k. Communication Preferences: By registering an account, you agree to receive electronic communications from the Company related to your account, including transactional notices and other communications necessary for your use of OnlytheXclusive. You acknowledge that such electronic communications satisfy any legal requirement that communications be in writing. You may opt out of non-transactional communications as provided in the Privacy Policy.
l. Electronic Communications Not Private: The Company does not provide facilities for confidential electronic communications. Messages sent to or from the Company via OnlytheXclusive are considered open and accessible to the public.
m. Electronic Signatures: Your affirmations, consents, or agreements sent through OnlytheXclusive are legally binding. Clicking on “I agree,” “I consent,” or similar affirmations constitutes a legally binding agreement equivalent to your handwritten signature.
n. California Consumer Rights Information: California residents may contact OnlytheXclusive for dispute resolution or further information at the specified address or email. Access to password-restricted areas requires registration; no fee is charged for registration, but fees apply for content or subscriptions.
o. English Language: These Terms are drafted in English. No translation into other languages will be used to interpret or construe these Terms. All services, support, notices, designations, specifications, and communications will be provided in English.
p. Content Review and Approval: All user-uploaded content on OnlyTheXclusive is subject to a mandatory review by our content administrators. This review ensures that all materials align with our platform's standards, policies, and community guidelines.
Review Process:

• Submitted content will be screened before it goes live to the public.
• Administrators may approve, reject, or request changes to the content based on compliance.
• Users will receive a notification if their content requires modification or has been rejected.

16. Appeals Policy
If you have been depicted in any content and would like to appeal to remove any such content, please contact us via contact@onlythexclusive.com. If there should be a disagreement regarding this appeal, we will allow the disagreement to be solved by a neutral body.

This process aims to maintain a positive environment and protect the community.
q. Contact: For feedback, comments, technical support requests, or other communications regarding OnlytheXclusive, please contact contact@onlythexclusive.com