Wiibiplay Terms and Conditions

Part A — Terms and Conditions

These Terms and Conditions govern access to and use of the Wiibiplay platform, website, apps, features, tools, payment functions, messaging functions and related services (together, the “Service”).

1. Who we are

The Service is operated by Kelcorp LTD, trading as Wiibiplay, a company incorporated in England and Wales under company number 13756442, with registered office at 3 Newland Avenue, Maltby, S668AJ and contact email kelcorp.shop@gmail.com (“Wiibiplay”, “we”, “us”, “our”).

2. Acceptance of these Terms

By accessing or using the Service, creating an account, uploading content, purchasing content, receiving payouts, or otherwise interacting with the Service, you confirm that:

1. you have read, understood and agree to be bound by these Terms;
2. you have the legal capacity to enter into a binding contract; and
3. you will comply with these Terms and all applicable laws.

If you do not agree, you must not use the Service.

3. Eligibility and age restrictions

1. The Service includes features and material that are strictly intended for adults only. You must be 18 years old or over to create an account, access any restricted 18+ area, upload or monetise Adult Content, or receive payouts through the Service.
2. You must not allow any person under 18 to access your account or any restricted area of the Service.
3. We may require age assurance, age verification, identity verification, consent records, ownership records, payment verification, address verification, source-of-funds information, or other compliance information at any time. You agree to provide accurate and complete information promptly on request.
4. We may suspend, restrict or terminate access where age, identity, consent, authority, legality or compliance cannot be verified to our satisfaction.

4. Accounts

1. You are responsible for all activity conducted through your account, whether or not authorised by you.
2. You must keep your login details secure and confidential.
3. You must provide accurate, current and complete information and keep it updated.
4. We may refuse registration, usernames, profile names, verification, monetisation access or account reactivation at our discretion.
5. You must notify us immediately at important@wiibiplay.fun if you suspect unauthorised access, account compromise, fraud, abuse or illegal activity.

5. User Content

1. The Service may allow users to upload, publish, stream, transmit, message, promote, sell, store or otherwise make available text, images, video, audio, metadata, comments, links, profile information and other material (“User Content”).
2. You are solely responsible for your User Content and for the consequences of uploading, publishing, transmitting, monetising, sharing or otherwise making it available.
3. By uploading or making User Content available on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, adapt, reformat, encode, transmit, communicate, publish, display, perform, distribute, moderate, review, copy, cache, promote and otherwise use that User Content to operate, secure, improve, enforce, market and provide the Service.
4. You represent, warrant and undertake on a continuing basis that:
   1. you own or control all rights necessary for the User Content and for all acts permitted by these Terms;
   2. the User Content, and our use of it, will not infringe any intellectual property, privacy, data protection, confidentiality, image, personality or other rights;
   3. the User Content is lawful in every jurisdiction relevant to its creation, upload, publication, transmission, sale, purchase, access and possession;
   4. the User Content is accurate, not misleading, and not deceptive or fraudulent;
   5. all persons depicted or featured in the User Content are real consenting adults aged 18 or over where relevant;
   6. you hold and will maintain verifiable records sufficient to prove identity, age, rights, licences, releases and consent for all relevant persons and materials; and
   7. the User Content complies with these Terms and all applicable laws, rules, codes, regulations and law-enforcement requirements.
5. We may require documentary proof of any of the matters above at any time. Failure to provide it promptly is a material breach of these Terms.

6. Prohibited Content and conduct

You must not use the Service to create, upload, stream, publish, share, advertise, request, fund, promote, facilitate, depict, distribute, profit from or otherwise make available any content or activity that is unlawful, harmful, abusive or prohibited by these Terms.

Without limitation, the following are prohibited:

1. child sexual abuse material, child sexual exploitation material, or any content involving minors;
2. non-consensual sexual content, intimate image abuse, hidden-camera content, coercive content, exploitation, trafficking-related content, or content created or shared without all legally required permissions;
3. content that depicts, promotes, facilitates or profits from rape, sexual assault, abuse, torture, exploitation, coercion, incest, bestiality, necrophilia or other unlawful sexual conduct;
4. content or conduct involving prostitution, trafficking, modern slavery, forced labour, exploitation, controlling or coercive behaviour, or unlawful procurement;
5. terrorism content, violent extremism content, hate crime content, threats, incitement, harassment, stalking or doxxing;
6. fraud, scams, money laundering, terrorist financing, sanctions evasion, deceptive practices, impersonation, phishing or unauthorised fundraising;
7. content that infringes copyright, trade marks, privacy, confidentiality or other rights;
8. malware, scraping, bots, account farming, credential theft, security attacks or platform abuse;
9. any content that breaches a court order, reporting restriction, legal duty, regulatory requirement or law-enforcement direction; and
10. any content or activity that we reasonably consider exposes us, users, payment partners, service providers or the public to legal, regulatory, reputational, financial or security risk.

The above list is not exhaustive. We may determine, acting reasonably and in good faith, whether content or conduct is prohibited.

7. Additional rules for Adult Content

1. Where we permit adult or explicit material (“Adult Content”), that permission is limited and conditional. Adult Content is allowed only where all of the following apply:
   1. it is lawful in every relevant jurisdiction;
   2. every person depicted, featured, participating or identifiable is a consenting adult aged 18 or over;
   3. you hold robust records proving age, identity and consent;
   4. the content is accurately described, categorised, labelled and age-restricted;
   5. the content does not fall within section 6 or any additional adult-content policy we publish; and
   6. you comply with any verification, record-keeping, moderation, tagging, complaint-handling, geoblocking or age-assurance requirements we impose.
2. We may remove, age-gate, geoblock, demonetise, restrict or refuse any Adult Content at any time.
3. We may require creators, sellers or uploaders of Adult Content to complete enhanced compliance checks before any upload, monetisation or payout is permitted.

8. Monitoring, moderation, takedown and disclosure

1. We do not undertake to pre-screen or actively monitor all User Content, and we do not guarantee that the Service will be free from unlawful, infringing or otherwise objectionable content.
2. We may, but are not obliged to, monitor, review, investigate, moderate, filter, age-gate, geoblock, disable, remove, preserve, copy or disclose User Content, accounts, messages, records, traffic data, payment data or activity where we consider it appropriate for legal, regulatory, safety, security, commercial or operational reasons.
3. We may remove or disable access to any User Content, or suspend or terminate any account, immediately and without prior notice where we reasonably suspect:
   1. a breach of these Terms;
   2. unlawful activity;
   3. fraud, abuse, risk to minors, exploitation, non-consensual content, intellectual property infringement, sanctions risk, money laundering risk, payment risk or security risk; or
   4. that removal, suspension or disclosure is required or desirable to protect us, users, third parties or the public.
4. We may preserve evidence and cooperate with police, courts, regulators, Ofcom, the National Crime Agency, payment providers and other competent authorities, including by making disclosures where permitted or required by law.
5. You acknowledge that we may act on notices, complaints, court orders, regulatory guidance, law-enforcement requests, payment-provider alerts, fraud signals or our own internal assessments.
6. We may operate a repeat-infringer, repeat-abuser or repeat-risk policy and may permanently ban users associated with serious or repeated violations.

9. Reporting illegal or prohibited material

1. Users may report content or activity through the report feature under every video or important@wiibiplay.fun.
2. You must report promptly if you become aware of content or activity on the Service that may be unlawful, non-consensual, exploitative, infringing, fraudulent or otherwise in breach of these Terms.
3. We may request further information, documents or cooperation in relation to any complaint, report or investigation.

10. Payments, monetisation and payouts

1. The Service may allow subscriptions, tips, purchases, revenue shares, creator earnings, referrals, advertising income or other forms of payment or monetisation (“Platform Payments”).
2. Platform Payments may be processed by third-party payment processors, banks or service providers. Their separate terms may apply.
3. We are not a bank, money transmission business, escrow agent, trustee, investment adviser, fiduciary or payment guarantor.
4. Unless we expressly agree otherwise in writing, any amount shown in your account, wallet, dashboard or earnings area is provisional until final settlement. We may correct errors, reverse mistaken credits, deduct fees, apply reserves and offset liabilities.
5. You are solely responsible for:
   1. the legality of the transaction or activity giving rise to any Platform Payment;
   2. your tax affairs, reporting, invoicing, accounting, licences and regulatory compliance;
   3. compliance with sanctions, anti-money laundering, anti-fraud and source-of-funds requirements applicable to you; and
   4. the receipt, possession, transfer, use and destination of any funds paid to you.
6. Once funds are paid out from the Service, we do not control, direct, supervise, endorse or accept responsibility for how any user uses, transfers, distributes, spends, gifts, invests or otherwise applies those funds. Each user is solely responsible for ensuring that any use of funds is lawful. We are not liable for any act or omission of any user in relation to funds after payout, including where a user later uses those funds in connection with unlawful activity.
7. You must not use the Service, or any Platform Payment, to facilitate or fund unlawful activity, criminal property, prohibited conduct, restricted transactions, chargeback abuse, fraud, exploitation or any activity that exposes us or our partners to legal or regulatory risk.
8. We may at any time withhold, freeze, delay, suspend, reverse, claw back, set off, cancel or refuse any Platform Payment, balance or payout where we reasonably believe that:
   1. the related content, transaction, account or activity breaches these Terms;
   2. fraud, illegality, abuse, money laundering, sanctions risk, exploitation or other compliance risk may exist;
   3. the payment is linked to prohibited content or prohibited conduct;
   4. a chargeback, reversal, complaint, refund claim, processor hold, court order or regulatory request has occurred or may occur;
   5. age, identity, consent, rights, tax or other compliance information has not been provided or verified; or
   6. retaining, reversing or withholding the amount is necessary to protect us, users, payment processors, third parties or the public.
9. We may use withheld or recovered sums to cover refunds, chargebacks, fines, processor penalties, investigation costs, regulatory costs, losses, claims, liabilities, fees and expenses arising from your account, your content or your conduct.
10. To the fullest extent permitted by law, balances held within the Service are not deposits and are not held on trust for you unless we expressly state otherwise. No interest is payable.
11. We do not guarantee any level of revenue, earnings, audience, tips, purchases, monetisation approval, continued monetisation, payout timing or account visibility.

11. Intellectual property and complaints

1. All rights in the Service, other than User Content, belong to us or our licensors.
2. You must not copy, reverse engineer, scrape, republish, extract, exploit or create derivative works from the Service except as allowed by law or with our written permission.
3. If you believe content infringes your rights, contact [IP / LEGAL EMAIL] with full details and supporting evidence.

12. Suspension and termination

1. We may suspend, restrict, demonetise or terminate your account or access to all or part of the Service at any time, with or without notice, where we reasonably consider it necessary or appropriate.
2. On termination:
   1. your right to use the Service ends immediately;
   2. we may remove or retain User Content, account data, compliance records and evidence as we consider appropriate;
   3. outstanding investigations, holds, chargebacks, reversals, reporting and enforcement steps may continue; and
   4. clauses intended to survive termination will survive, including clauses relating to payments, liability, indemnity, records, complaints, disclosure and governing law.

13. Consumer rights and non-excludable liability

1. Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including liability for:
   1. death or personal injury caused by negligence;
   2. fraud or fraudulent misrepresentation; or
   3. any other liability or statutory right that cannot lawfully be excluded or limited.
2. Nothing in these Terms affects any mandatory rights you may have as a consumer under applicable law.

14. Disclaimer

1. Subject to section 13, the Service is provided on an “as available” basis.
2. We do not warrant that the Service will be uninterrupted, error-free, secure, continuously available, profitable, suitable for any particular purpose, or free from unlawful or objectionable user behaviour.
3. We are not responsible for:
   1. User Content;
   2. the acts, omissions or legality of users, creators, viewers, payers or payees;
   3. the conduct of third parties, including payment processors, hosting providers, app stores, advertisers or linked websites;
   4. losses arising from account compromise caused by your failure to secure your credentials; or
   5. losses arising from your reliance on User Content or other user behaviour.

15. Limitation of liability

1. Subject to section 13, we will not be liable to you for any:
   1. indirect or consequential loss;
   2. loss of profit, revenue, business, contracts, goodwill, reputation, opportunity or anticipated savings;
   3. loss, corruption or inaccuracy of data;
   4. loss arising from the acts or omissions of other users or third parties; and
   5. loss arising from content removal, account suspension, demonetisation, geoblocking, age-gating, payment holds, reversals, clawbacks, investigations or law-enforcement cooperation carried out under these Terms.
2. Subject to section 13, our total aggregate liability to you arising out of or in connection with the Service or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the greater of:
   1. the total amount paid by you to us in the 12 months immediately preceding the event giving rise to the claim; and
   2. £100.
3. If you use the Service in the course of a business, trade, craft or profession, all implied terms, warranties, representations and conditions are excluded to the fullest extent permitted by law.

16. Indemnity and reimbursement

1. If you use the Service in the course of a business, or if you upload, publish, stream, sell, monetise or otherwise commercially exploit User Content through the Service, you agree to indemnify and keep indemnified us, our group companies, officers, employees, contractors, licensors, payment partners and service providers against all claims, actions, proceedings, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal and professional costs) arising out of or in connection with:
   1. your User Content;
   2. your breach of these Terms;
   3. your unlawful, fraudulent or negligent acts or omissions;
   4. any allegation that your content or conduct infringes rights or breaches law;
   5. any refunds, chargebacks, processor penalties, compliance failures or regulatory issues connected with your account; or
   6. any use of funds paid to you that is unlawful or alleged to be unlawful.
2. If you are a consumer, you are responsible to us for losses we suffer as a result of your breach of these Terms where the law allows us to recover those losses from you.

17. Changes to the Service or these Terms

1. We may modify, suspend or discontinue any part of the Service at any time.
2. We may amend these Terms from time to time for legal, regulatory, security, operational or commercial reasons.
3. Where changes are material, we will take reasonable steps to bring them to your attention before they take effect. By continuing to use the Service after the effective date of updated Terms, you agree to the updated Terms.

18. General

1. If any provision of these Terms is found unlawful, invalid or unenforceable, that provision will be deemed severed and the remainder will continue in full force.
2. No failure or delay by us in exercising any right or remedy will operate as a waiver.
3. These Terms do not create any partnership, agency, employment, fiduciary or joint venture relationship between you and us.
4. A person who is not a party to these Terms has no right to enforce them, except where applicable law provides otherwise.
5. These Terms, together with any policies expressly incorporated into them, form the entire agreement between you and us regarding the Service.

19. Governing law and jurisdiction

1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales.
2. If you are a consumer resident in Scotland or Northern Ireland, you may also rely on any mandatory protections available to you under the laws of your part of the UK, and you may bring proceedings there.
3. If you are using the Service in the course of a business, trade, craft or profession, the courts of England and Wales will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

Part B — Age Assurance Flow

This section sets out the operational age-assurance and age-restricted access rules for the 18+ areas of Wiibiplay. It is intended to be incorporated into the website terms and your compliance workflow.

1. Scope

1. This Age Assurance Flow applies to all parts of the Service that contain, link to, promote, sell, stream, host, display or otherwise make available Adult Content.
2. It applies to visitors, registered users, creators, purchasers, viewers and any person attempting to access the 18+ areas of the Service.
3. We may apply this Age Assurance Flow to all users, only to UK users, or to users in any jurisdiction we reasonably determine requires enhanced access controls.

2. Front-gate access control

3. Age-assurance terms

1. We may require any user to complete age assurance before accessing or continuing to access any restricted area of the Service.
2. We may use third-party vendors or service providers to carry out age assurance, identity checks, liveness checks, fraud screening, geolocation checks or related compliance checks.
3. You authorise us and our service providers to process information reasonably required to verify age, identity, account control, location and compliance status.
4. Completion of an age-assurance step does not guarantee permanent access. We may repeat, refresh or escalate checks at any time.
5. We may refuse any specific age-assurance method and require an alternative method.
6. We may block or restrict access where:
   1. a user refuses age assurance;
   2. a check is not completed successfully;
   3. submitted data appears false, inconsistent, altered, borrowed or fraudulent;
   4. the account is suspected of being shared with a minor or third party;
   5. there is reason to believe the user is under 18; or
   6. continued access would create legal, regulatory, safety or payment risk.

4. Adult-content creators and uploaders

1. Any uploader or creator of Adult Content may be subject to enhanced onboarding before upload, sale or payout is enabled.
2. Enhanced onboarding may include proof of age, proof of identity, source-of-funds checks, payment verification, ownership checks, rights checks, consent records, performer records and supporting documentation.
3. Creators must retain reliable records proving that every identifiable performer or participant is an adult and has given any required consent.
4. We may suspend uploads, remove content, freeze balances or withhold payouts until requested records are produced and verified to our satisfaction.

5. No guarantee of access

Passing or attempting an age check does not create any right to access the Service. We may still refuse, suspend or revoke access for moderation, safety, legal, regulatory, fraud, sanctions, chargeback or operational reasons.

Part C — Adult & Illegal Content Reporting Policy

This policy explains how users, rights-holders, affected persons and authorities can report content or conduct on Wiibiplay, and how we may respond.

1. What may be reported

Reports may be made in relation to any content, account, message, payment activity, profile, livestream, comment, tag, thumbnail, title, transaction, user behaviour or linked material that may be unlawful, prohibited or harmful, including:

2. How to submit a report

1. Use the reporting form at the button under the video or email important@wiibiplay.fun.
2. Include enough detail for us to identify the material or conduct, such as URLs, usernames, content titles, timestamps, screenshots, transaction references or other evidence.
3. If you are reporting on behalf of someone else, explain your authority or relationship where relevant.
4. If there is an immediate risk to life, a child-safety emergency, or a serious crime in progress, contact the police or relevant emergency authority first.

3. Our response process

4. No promise of publication or restoration

1. We may remove or restrict content immediately where we reasonably consider that doing so is appropriate.
2. We are not required to keep content live while a dispute is investigated.
3. We are not obliged to restore content, payments or access after a report if we consider ongoing restriction necessary or appropriate.

5. Repeat violators and serious abuse

1. Users associated with repeated infringement, repeated illegal content risk, payment abuse, age-control evasion, non-consensual content, exploitative content or other serious misconduct may be permanently banned.
2. We may link accounts, devices, payment credentials, identifiers or related entities for enforcement and safety purposes where lawful.

6. Evidence preservation and disclosure

1. We may preserve copies of content, records, logs, payment data, device data, account data, consent records or communications for investigation, legal process, regulatory cooperation, fraud prevention, chargeback defence or public-safety reasons.
2. We may disclose information to law-enforcement agencies, regulators, courts, payment partners, professional advisers and other competent third parties where permitted or required by law, contract or legitimate safety need.

7. False, abusive or bad-faith reporting

You must not knowingly submit false, misleading, abusive, vexatious or bad-faith reports. We may reject such reports and take action against users who misuse reporting channels.

8. Contact for rights holders and legal notices

For intellectual-property complaints, legal notices, injunctions, law-enforcement requests or other formal legal matters, contact important@wiibiplay.fun.