Mutual nda
This Mutual Non-Disclosure Agreement (“Agreement”) is between PocketXXX (“Company”) and the Creator(“Creator”). By creating an account or checking the “I Agree” box, both parties agree to the terms below. If you do not agree, do not proceed.
1. Definitions
1.1 “Confidential Information” (Creator → Company)
Information the Creator provides to PocketXXX, including:
- identity verification documents
- payment information
- contact details
- private communications with the Company
- unpublished content or creator materials
1.2 “Confidential Information” (Company → Creator)
Non-public information the Creator accesses from PocketXXX, including:
- unreleased features, builds, tools, dashboards, and analytics
- platform roadmaps, internal processes, and design materials
- creator resources, artwork, prompts, scripts, and proprietary assets
- internal communications and decision-making frameworks
- identities of PocketXXX employees, contractors, or internal personnel
- screenshots, recordings, or descriptions of unreleased content
Confidential Information includes anything exchanged, accessed, or observed in connection with PocketXXX.
2. Confidentiality Obligations — Creator
The Creator agrees not to, without written Company permission:
- Share, disclose, publish, or distribute Company Confidential Information.
- Reveal or imply the identities of PocketXXX staff or contractors.
- Capture, store, or distribute screenshots, photos, or recordings of dashboards, beta features, or internal communications.
- Discuss, hint at, or leak unreleased features or internal decisions.
- Use Confidential Information for any purpose outside authorized creator activity.
- Reverse-engineer any part of the platform.
3. Confidentiality Obligations — Company
PocketXXX agrees not to, except as legally required:
- Share, sell, or disclose the Creator’s identity or personal documents.
- Reveal the Creator’s participation in internal or beta programs.
- Disclose Creator-provided personal information or communications.
3.1 Security Measures
PocketXXX uses “commercially reasonable” protections—including encryption and limited access controls—but cannot guarantee 100% security of digital systems.
3.2 Lawful Exceptions
The Company may disclose Creator information only in response to:
- subpoena
- court order
- government request
- lawful warrant
- compliance or fraud-prevention requirements
Where allowed, the Company will notify the Creator.
4. Mutual Restrictions
Both parties agree not to misuse or improperly disclose each other’s Confidential Information and to limit internal access to those with a legitimate need.
5. Ownership
Each party retains ownership of its own Confidential Information.
No licenses or ownership rights are granted.
6. Term
This Agreement begins upon clicking “I Agree” and continues:
- while the information remains non-public, or
- until both parties agree in writing to end confidentiality.
Certain obligations (e.g., identity protection) may continue indefinitely.
7. Violations & Remedies
If either party breaches this Agreement, the non-breaching party may pursue:
- account suspension or termination
- removal from creator or beta programs
- DMCA or content takedowns
- injunctive relief
- monetary damages
- recovery of legal fees
8. Return or Destruction of Information
Upon request:
- The Creator must delete or return all Company Confidential Information.
- The Company must delete or return Creator documents unless required for legal or compliance purposes.
9. No Partnership or Employment
This Agreement does not create a partnership, employment relationship, or joint venture.
10. Governing Law
This Agreement is governed by the laws of the State of Wyoming unless otherwise required by law.
11. Limitation of Liability (Creator Identity) — New Clause Added
To the maximum extent permitted by law, the Creator agrees that the Company’s total aggregate liability for any claim arising from the unauthorized disclosure of the Creator’s identity, personal documents, or Confidential Information—whether based on breach of this Agreement, negligence, or any other legal theory—shall not exceed the greater of:
- one hundred dollars (USD $100), or
- the total amount paid by the Company to the Creator during the six (6) months preceding the event giving rise to the claim.
This limitation does not apply to disclosures required under Section 3.2 (lawful exceptions).
12. Mandatory Arbitration (No Class Actions)
Please read this carefully. It affects your legal rights.
A. Agreement to Arbitration
You and the Company agree to resolve all disputes through binding individual arbitration, not court.
This includes disputes involving:
- this Agreement
- your use of PocketXXX
- creator tools or content
- interactions with Company personnel
- any related terms or programs
B. Arbitration Provider
Arbitration will be conducted by the American Arbitration Association (AAA) under its applicable rules.
C. No Class Actions
All claims must be brought individually.
You waive any right to participate in class actions or group claims.
D. Remote Arbitration
Unless both parties agree otherwise, arbitration hearings occur in person in Wyoming.
13. Wyoming Venue
A. Arbitration Location
If an in-person hearing is required, it will be held in Wyoming.
B. Court Proceedings
For claims that cannot legally be arbitrated or for enforcement of arbitration awards:
- all proceedings must occur in Wyoming, and
- both parties consent to the jurisdiction of Wyoming state and federal courts.
Policy Information
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