Terms of Use

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Your account will not be completed until you have read and affirmatively accepted these Terms of Use and our Privacy Notice located at www.pecheca.com/legal/privacy and by checking the applicable boxes on the account creation page.

1. Acceptance

MediaSensu LLC (“Pecheca”, “we”, “us” or “our”) provides the adult game Pecheca, together with the characters, content and features available in it (“Game(s)”), on https://www.pecheca.com, in the version of the Game that runs in a web browser and in the Pecheca application for Android devices (“Platforms”) and on its associated properties, games, and platforms (Games and Platforms are hereinafter collectively referred to as the “Websites”).

“Payment Processor” shall mean the third-party payment service provider that processes card payments for purchases made on the Websites on behalf of MediaSensu LLC, in its own secure payment form on the checkout page and under its own terms. This term also includes any additional payment processors we use, or changes thereof as mentioned or described herein. Purchases appear on your card statement under the descriptor shown on the checkout page before you pay.

By using, downloading, and/or purchasing Games and/or visiting the Websites, including but not limited to any and all content available through the Games and Platforms, you agree to the Terms of Use (hereinafter the “Terms”) contained herein and to the Pecheca Privacy Notice. If you do not agree to be bound by these Terms, either partially or in whole, you must not visit the Websites and/or cease any further use of the same.

YOU CONSENT TO ENTERING INTO THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

You may terminate these Terms at any time by deleting your account and refraining from further use of our services and/or the Websites.

These Terms of Use are subject to changes by us, from time to time. We will give you reasonable, advance notice of any such changes in a transparent manner, in text form, for example through a pop-up notification on the Websites when logging into your account, or by e-mail. Unless otherwise communicated by us, you will be deemed to have agreed to the changes unless you notify us, in writing and before the proposed effective date of the changes, that you do not agree, or by your cessation of the use of the Websites.

If you do not agree to the changes, you may no longer use our Websites after the proposed changes come into effect. In this case, either you or we may terminate these Terms of Use with immediate effect.

Each updated version of these Terms of Use supersedes any prior versions as of the ‘Latest Version’ date found at the top, and any prior version(s) shall have no continuing legal effect.

The Terms contained herein apply to all users of the Websites whether a 'visitor' or a ‘member’ (collectively referred to as “you”, “User(s)”, “you’re”) and you are only authorized to use the Websites if you agree to abide by all applicable laws and be legally bound by these Terms.

When using the Websites, you shall also be subject to all displayed rules, community guidelines, and policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms.

1.1 Ability to Accept these Terms of Use

The Websites contain age-restricted materials including nudity and explicit depictions of sexual activity. If you are under eighteen (18) years old, or under the applicable age of majority, or if you are in a jurisdiction where access to our Websites may be restricted, you must not use the Websites. If you are over the age of 18 years, or over the age of majority, and are in a location/jurisdiction from where there is no restriction of access to the Websites, you hereby acknowledge and understand the explicit sexual nature of the materials available on the Websites, and to abide by and comply with these Terms of Use. You also represent and agree that the jurisdiction from which you access the Websites does not prohibit the receiving or viewing of sexually explicit content, including the Websites.

You confirm that you are of legal age at the age gate, before any content is shown, and again when you create an account. We may ask you to prove your age at any time, and we reserve the right, in our sole and final discretion, to restrict your access to some or all portions of the Websites, including by suspending or terminating your account, until you do.

2. Description of Services

The Websites allow you to play, download, or otherwise access the Game, and to view depictions of adult content, including sexually explicit images and animations. In addition, the Websites contain video content, information, and other materials; we allow its Users to view the content and Websites, always subject to the Terms.

The Game is offered in a version that runs in your web browser and as an application for Android devices. The Android application is downloaded and installed directly from our Website, not through an application store, and is updated the same way; you are responsible for the settings of your device that allow its installation.

All characters in the Game are fictional and are created by computer (illustration, animation and artificial-intelligence image generation). No character depicts a real person, and every character is depicted as an adult. Some characters are designed by independent creators, who transfer them to us, as described in the section “Creators” below, and the Game includes a chat with characters whose replies are generated by artificial intelligence, as described in the section “AI Character Chat” below.

We may add, change or remove features, characters, prices and events of the Game at any time.

The Websites are for your personal use and shall not be used for any commercial endeavor, except by creators as expressly permitted in the section “Creators” below. Any illegal and/or unauthorized use of the Websites is prohibited, including, but not limited to, collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Websites.

You may access portions of the Websites without registering. However, to access some portions and features of the Websites and play, use, purchase, or download the Games, you will be required to register with, and sign into, the Websites. You are responsible for maintaining the confidentiality of your account credentials and any other information used to register and sign into the Websites, and you are fully responsible for all activities that occur under these credentials. Your username will be visible to all Users and will be used in Games to associate you with your account.

3. Zero Tolerance Policy and User Conduct

The Websites abide by a ZERO TOLERANCE policy relating to any illegal activities. Child sexual abuse material, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated on the Websites. We have a zero-tolerance policy towards any material that sexualizes, sexually exploits, or endangers children on our platform. If we find or are made aware of it, we will cooperate with all governmental (and other law enforcement) agencies that seek those who produce, promote, and/or disseminate such content.

Our Child Sexual Abuse Material Policy, published on the Regulatory Information page of the Websites, forms part of these Terms.

3.1 You acknowledge and agree that you must not:

  • post, upload, publish, transmit or make available in any way on or through the Websites software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment;
  • use our Websites in violation of any applicable law or regulation;
  • post, upload, publish, transmit or make available in any way on the Websites any activities depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals;
  • exceed your authorized access to any portion of the Websites;
  • collect or store personal data about anyone; 'harvest', 'scrape' or collect any information about or regarding other people that use our Websites, including, but not limited to any personal data or information (including engaging in anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as spyware or passive collection mechanisms (“pcms”);
  • modify without permission any part of the Websites;
  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Websites;
  • exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • use any robot, spider, scraper, or other automated means to access the Websites for any purpose;
  • take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure;
  • interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any measures we may use to prevent or restrict access to the Websites;
  • use our Websites to harm anyone or to cause offence to or harass any person;
  • create more than one account per platform to access our Websites;
  • use another person or entity’s email address in order to access or sign up to use our Websites;
  • use the Websites in any way that exposes us, representatives, officers, shareholders, subsidiaries, affiliates, parents, employees or agents to criminal or civil liability or use our Websites for fraudulent or abusive purposes (including, without limitation, by using our Websites to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, or our Websites);
  • use our Websites for any commercial or business purpose (other than as a creator, as permitted in the section “Creators” below) or for the benefit of any third party or to send unsolicited communications;
  • remove or amend any proprietary notices or other ownership information from our Games or any other part of our Websites;
  • interfere with or disrupt our Websites or servers or networks that provide our services;
  • attempt to decompile, reverse engineer, disassemble or hack any of our Games, services, games to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed, or stored by us, including our subsidiaries, affiliates and parents, or for any reason at all not permitted under these Terms of Use or by law;
  • sell, transfer, or try to sell or transfer an account with us or any part of an account including any virtual currency or virtual goods;
  • disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Games or engaging in real time exchanges;
  • violate any requirements or regulations of any network connected to our Websites;
  • use our Websites to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Websites, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these Terms of Use; or
  • use our Websites in any other way not permitted by these Terms of Use.
  • in particular, and without limiting the application of the present paragraph, you must not make available any cheats or technological measures designed to control access to or circumvent elements of our Websites, including providing access to any virtual currency and/or virtual goods, whether on a free of charge basis or otherwise.
  • use the AI character chat to request, generate or attempt to generate content that sexualizes minors or persons who appear to be minors, that depicts real persons, or that is otherwise unlawful, or attempt to defeat the safeguards of the chat; or
  • upload, submit or offer for sale any content that depicts a real person, a minor or a person who appears to be a minor, or that depicts or suggests sex without consent, incest or bestiality, even in fiction, or that you do not have the right to use.

We retain the right to determine in our sole discretion what appropriate and proportionate action shall be taken in the event of any discovered or reported violation of these Terms of Use contained herein, including termination of your account, revocation of your rights and suspension or termination of access without the possibility of a refund.

3.2 Reporting for Users

If you see any Game content, creator content or other User content on the Websites that you suspect violates applicable law, or third-party rights please report it to us through the support desk of your account (topic “Abuse report” or “Content”) or through our contact form. The Websites do not permit nor tolerate any Game or Game content that is illegal, violates third party rights or these Terms of Use.

For actual or suspected infringement by someone of these Terms, please contact us through our contact form.

For copyright-related claims, please contact us through our contact form.

Copyright complaints. If you believe that content on the Websites infringes your copyright, send a written notice to our designated agent, the Copyright Compliance Department of MediaSensu LLC, through the copyright topic of our contact form. Our registered address is 8 The Green STE B, Dover, DE 19901, USA. Our telephone number is +1 (302) 309-8919. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), your notice must include: (i) your physical or electronic signature; (ii) identification of the copyrighted work you claim has been infringed; (iii) identification of the content you claim is infringing and where it is located on the Websites; (iv) your address, telephone number and e-mail address; (v) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (vi) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

We remove or disable access to content that infringes, notify the creator or User who published it, and terminate the accounts of repeat infringers. A creator or User whose content was removed may send us a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). Knowingly false notices or counter-notices may lead to liability and to the suspension of your account.

You may refer to available reporting functionalities at any time by visiting https://www.pecheca.com/legal/regulatory.

3.3 Content Complaint Process

We support a complaint process that allows for the reporting of content that may violate our Terms, that you believe may be illegal or objectionable, or which otherwise may violate applicable Visa and Mastercard Rules for adult content. All complaints will be addressed within five (5) business days. In the event there is evidence of illegal content, we will proceed to remove it immediately. Complaints can be submitted through our contact form, or as described in the “Content Removal Request” section of the Regulatory Information page linked in the footer of the Website.

3.4 Complaint Handling Procedure

If we take any action imposing restrictions to your account, or to any content that you have uploaded to the Websites, you may lodge a complaint against such decision. You may also lodge a complaint if you disagree with our decision following a notice you have submitted to report content as illegal or in violation of our Terms of Use.

The deadline for submission of a complaint ends six (6) months after we have notified you of the respective decision. To lodge a complaint, you may write to us through our contact form, giving the email associated with your account or to which the notification of our decision has been communicated. Please include all relevant information, as well as any reason(s) for which you believe your complaint to be justified, in order to enable us to appropriately assess your complaint.

We handle complaints in a timely, non-discriminatory, diligent, and objective manner. We may reverse previous decisions if a complaint sufficiently demonstrates, as the case may be, that:

  • The content to which our original decision related to did not, in fact, violate applicable law, third party rights, or these Terms of Use.
  • Our prior decision not to act on a notice was unjustified.
  • Our prior decision was unjustified in any other manner.

4. Intellectual Property

Our content contained on the Websites, including, but not limited to, the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, is owned by and/or licensed to us, subject to copyright and other intellectual property rights under the laws of the United States and other laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights in and to the Websites and the content not expressly granted to you herein. You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any commercial use, copying, and/or distribution through the Websites. If you download or print a copy of any part of the Websites content for your personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security-related features of the Websites or with features that prevent or restrict use or copying of any piece of content or enforce limitations on use of the Websites or the content therein.

5. Abuse of Reporting and/or of Internal Complaint Handling Systems

We may suspend your access to our reporting and internal complaint-handling systems for a reasonable period of time if you frequently submit notices or complaints that are manifestly unfounded. Prior to such suspension we may issue a warning, provided that this does not conflict with the purpose of the suspension or with other appropriate measures that may be applied. When deciding on the suspension, we consider factors such as the frequency, severity, and impact of your violation(s), as well as any prior measures imposed. Examples of misuse of our reporting and/or complaint-handling system that may be subject to suspension include, but are not limited to:

  • Frequently submitting multiple, identical, and unfounded notices or complaints.
  • Frequently submitting notices or complaints that are obviously unfounded.

6. Expiration or Termination

6.1 Tokens and Pings do not expire

Tokens and Pings never expire while your account exists. However, they cannot be transferred in any form, including to another account, and they are permanently lost when your account is deleted. In-game currencies, which are earned by playing or obtained with Tokens, are treated the same way.

6.2 Termination of Account

You may delete your account at any time on the Account page of the Websites. A creator account with a character under review or a payout in progress cannot be deleted there; it is closed through the support desk. The characters a creator transferred to us remain ours when the creator's account is closed or deleted, as the section “Creators” sets out.

We reserve the right to terminate a User's account for behavior such as, but not limited to, infringing/unwanted behavior or if we determine, in our sole discretion, that the User has violated these Terms, without prior notice. If we terminate your account for violation of these Terms or illegal use of the services, we may block your access to all our services provided through the Websites immediately and without reimbursement. We may also terminate a User’s account at our discretion, by giving the User notice. We will make reasonable attempts (but make no warranties towards the same) to maintain the functionality of the Websites at all times, with the exception of planned maintenance, malfunction and, at an individual level, following potential restriction of access of a User following an infringement of applicable legislation or these Terms.

If a User has not logged into their User account for a period of thirty-six (36) or more consecutive months they will be considered inactive (hereinafter referred to as “Inactivity” or “Inactive”). However, if a User has previously successfully completed a transaction (i.e., has spent Tokens or Pings), this Inactivity period is set to sixty (60) months, instead.

Pecheca reserves the sole right, and you understand and accept that, your User account may be deleted due to Inactivity.

In the event of deletion of your account – regardless of whether such deletion was initiated by you or pursuant to, for example, Inactivity – you will no longer be able to access or otherwise recover:

  • Any purchases you have made in Game(s).
  • Your balances of Tokens, Pings and in-game currencies
  • Any other purchases made on the Websites, as applicable from time to time

7. Fees

We may charge fees to access and acquire certain Game items or content, or to participate in Game activities on the Websites, and we allow the purchase of in-game “currency” (“Tokens” and “Pings”) that may be applied to the purchase of in-game items, content, or activities, including messages in the AI character chat.

ANY APPLICABLE TOKENS, PINGS, FEES AND OTHER CHARGES ARE PAYABLE IN ADVANCE AND ARE NON-REFUNDABLE AND NONTRANSFERABLE, IN WHOLE OR IN PART, FOR ANY REASON. TOKENS AND PINGS HAVE NO MONETARY VALUE AND CANNOT BE REDEEMED FOR CASH. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

The amounts that creators earn from the sale of their characters are paid out only as described in the section “Creators” below.

Nothing in this section limits a right to a refund that mandatory consumer law gives you. Where the law gives you a right to withdraw from a purchase of digital content, you ask us to supply the Tokens or Pings immediately and you acknowledge that you lose that right of withdrawal once they are added to your account.

You understand and acknowledge that we reserve the right to charge for service and to change our fees from time to time in our sole discretion. Furthermore, in the event that we terminate your account following reasons such as abuse of the service – in any capacity – by you, or a breach of these Terms, you shall not be entitled to the refund of any unused credit, Tokens, Pings, or in-game items. Notwithstanding the foregoing, we may, at our sole discretion, choose to issue a refund under exceptional circumstances as deemed appropriate by us. In such circumstances, we apply refund eligibility timeframes and conditions based on the payment method used. For payments made via credit or debit card, refund requests must be submitted within 120 days of the original transaction date, or the chargeback window specified by the applicable card network, whichever is shorter.

Approval of one refund does not imply any obligation to approve future requests. All refunds are issued without admission of liability and may be subject to the limitations and policies of the original payment method used.

If you were charged and did not receive your Tokens or Pings, or were charged twice, contact us through our contact form with the date, the item and the amount of the purchase as the Transactions page of your account shows them.

If a payment is refunded, reversed or charged back, the Tokens or Pings it bought are removed from your balance, and we may suspend or terminate an account that disputes a valid charge.

8. Our Sales Policies

8.1 The store

You will be required to log into your User account before proceeding to checkout. Prior to the submission of your order, you will be required to submit your billing and payment information. Your purchase is then confirmed on screen and listed on the Transactions page of your account; our Payment Processor may also send a receipt to your e-mail address.

Items offered for sale and/or redemption through the store are for personal use only. A purchase that is not completed within ten (10) minutes of being started is canceled and nothing is charged; you are told so on screen.

Packages of Tokens and Pings are sold on the checkout page of our Website. The price is shown before you pay. Your card details are entered in the secure form of our Payment Processor; we never receive or store your full card number. Your Tokens or Pings are added to your account when the Payment Processor confirms the payment. A purchase that you start in the Game is completed in your web browser.

The seller is MediaSensu LLC. The charge appears on your card statement under the descriptor shown on the checkout page before you pay.

8.2 Use of methods of Payment

If you have elected to purchase any packages of Tokens or Pings through the Websites, you hereby agree that we have the right to automatically charge your credit card or debit your account for the applicable fees or charges. Value-Added Tax (VAT), Sales Tax or other excise tax may be included in, or added to, your purchase depending on your country, state, territory, city, or on other applicable local regulations. Tax rates may vary accordingly.

Where and to the extent required by applicable laws, you will be able to verify and modify your order information before confirming your order. After the submission of your order, the full details of your purchase are available on the Transactions page of your account. You hereby agree to receive all notices and records in electronic form.

All charges made to your credit card or debits to your account can be viewed by you on the Transactions page of your account.

9. AI Character Chat

The Game includes a chat in which you exchange messages with characters. The replies are generated by an artificial-intelligence language model in the voice of a fictional character. They are not written by a person, they may be inaccurate, inappropriate or offensive, and they are not advice of any kind. You must not rely on them.

We offer the chat only while it is switched on, and we sell Pings only during that time.

Each message you send costs Pings; if the system cannot answer, the Pings are returned to you. Your messages, the replies and the short “memories” a character keeps about your conversation are stored so that the conversation can continue, as described in our Privacy Notice.

You must not use the chat to request content that involves minors or persons who appear to be minors, real persons, or anything unlawful. We apply safeguards intended to block such requests, and making them may lead to the termination of your account. We may review chat content where this is necessary to investigate a report, to enforce these Terms or to comply with the law.

10. Creators

If you publish characters on the Websites as a creator, this section also applies to you. When you submit a character for review, you transfer its ownership to us: section 10.1 sets out what passes to us, when, and what follows from it. Read it before you submit a character.

10.1 Ownership of submitted characters

  1. What “the character” covers. In this section, “the character” means a character you submit for review, together with everything that makes it up: its name; its appearance, its distinctive features and its personality; its story, its biography and every other text written for it, in every language; its portrait, its illustrations, its animation clips and the image sequences they are made from, its offer banners and every other image of it; every addition you make for it; and every earlier version, sketch, draft and working file of any of these.
  2. The transfer. You assign to us, MediaSensu LLC, all of your right, title and interest in the character, throughout the world, for the full duration of each right, including every renewal and extension, in every medium and format, whether known now or devised later. This includes the copyright and every other intellectual-property right in the character (for example rights in designs, in trademarks and in the goodwill of its name), the right to make new works from it, the right to register any of these rights in our own name, and the right to sue for, and to keep everything recovered for, any infringement of them, whenever it took place.
  3. When it happens. The transfer takes effect at the moment you submit the character for review, without any further step, and again each time you submit it. Anything you make of or for a character that is ours, including the additions you prepare for it in the creator portal, is ours from the moment you make it.
  4. If we do not approve a character. If we reject a character, or you withdraw it while it waits for review, every right you transferred in it returns to you automatically at that moment; if you submit it again, it passes to us again. We may keep copies of a returned character for our records, to handle complaints and to meet our legal obligations, and we make no other use of them. Once we approve a character, it remains ours for good, whatever happens to it afterwards: also if it is taken off sale or out of the Game, if an addition to it is rejected or withdrawn, or if your account is suspended, closed or deleted.
  5. Where the law does not allow a transfer. Where the applicable law does not allow a right in the character to be assigned, or not in full (some countries do not allow an author to assign the copyright itself), you instead grant us, for that right, an exclusive, worldwide license for its full duration, which cannot be revoked to the extent the law allows, which we may transfer, and under which we may grant sublicenses through several tiers, to do everything that an owner of that right could do, with no payment other than what “Payment” below sets out. You will not exercise that right yourself or allow anyone else to exercise it.
  6. Moral rights. To the extent the law allows, you waive every moral right or similar right that you have in the character, such as the right to be named as its author, to object to changes to it or to withdraw it, and you agree never to assert any such right against us, anyone to whom we license or transfer the character, or Users. Where such a right cannot be waived, you agree not to exercise it in any way that would prevent or limit anything this section allows.
  7. What we may do with a character. As the owner of the character, we decide everything about it alone, at any time, without asking you and without giving a reason. For example, we may keep it on sale on the Websites for as long as we choose, including after your account is closed or deleted or you stop being a creator; take it off sale or out of the Game, for a time or for good; change its price, its name, its story, its appearance or any of its material, and combine it with other material; make new pictures, clips, stories and other works of it by any means, including software and artificial intelligence, and train or adapt software, such as artificial-intelligence models, on it; use it in other games and products and to promote the Game, the Websites and our other products; license, sell or transfer it to anyone, on its own or together with our business; register any right in it in our own name, anywhere; or not use it at all.
  8. What you may no longer do. Once the character is ours, you need our written permission to use it in any way other than through your creator portal. In particular, you will not sell, publish, display, license or give away the character or any of its material anywhere, for example on your own pages, on social media, on other platforms, in a portfolio or in print; make new works of the character, or a character so similar to it that it could be taken for it; register any right in the character or in its name, anywhere; or help anyone else to do any of these. Anything you make of the character anyway is ours from the moment you make it. Copies of the character that you published yourself before you submitted it may stay where they are until we ask you to remove them; when we ask, you remove every copy that you are able to remove.
  9. Credit as designer. The shop shows a character we approved as designed by you, under the in-game name it was approved with. We may keep doing so for as long as we offer the character, including after your account is closed or deleted, and we may stop at any time. You allow us to use your in-game name for this.
  10. What stays yours. The transfer covers the character only. Your other work, your style, your skills, your techniques and your tools stay yours, and so do your in-game name and your personal information, which our Privacy Notice covers.
  11. Your promises about the transfer. You promise that you are the only author of the character, or that everyone else who made any part of it has transferred their rights in it to you in writing, so that you can transfer them to us; that no one else holds any right in the character that would limit what this section gives us, and in particular that you have not sold, transferred, pledged or licensed the character or any of its material to anyone, other than the license a website takes in material you posted on it yourself; that any part of it licensed to you by someone else, such as a font or a texture, is licensed on terms that allow us to use it as this section allows, everywhere, without time limit and without further payment, and that you transfer that license to us as far as its terms allow; and that the character does not copy or imitate any other character, work or brand, or any real person.
  12. Payment. Your share of the Tokens spent on the character on the Websites, as “Earnings” in section 10.2 sets out, is the entire payment for the transfer and for every other right and promise in this section. You earn it while your creator account exists: sales made after your account is deleted, whether by you or by us, earn you nothing, and earnings not paid out by then can no longer be requested. We owe you nothing more for the character: no fee, no royalty and no share of anything other than Tokens spent on it on the Websites, for example of any use of it outside the Websites.
  13. Your creator portal. Your creator portal lets you prepare a character, see its sales and, for as long as we allow it, change its price and prepare additions for it. That access is a permission that we give you, not ownership, and we may limit or end it at any time. Suspending, closing or deleting your account does not change who owns a character.
  14. Confirming the transfer. You will sign any document that we reasonably ask for to confirm, record or register the transfer in any country, at our cost, also after you stop being a creator. If you do not sign it within thirty (30) days of our request, you appoint us as your attorney-in-fact, with the power to sign it in your name for that purpose only. This appointment secures our ownership and cannot be revoked.
  15. No order to stop us. If you have a claim against us about a character that is ours, your remedy is limited to money damages: you will not seek an injunction or any other court order that would stop or limit our selling, showing, changing, licensing or removing it.
  16. Your signature. Submitting a character in the creator portal, under these Terms that you accepted when you created your account, is your signature on this transfer. You agree that it is a signed, written transfer, as valid as one signed on paper.
  17. Lasting effect. This section remains in force after your account is suspended, closed or deleted and after these Terms end, and it binds your heirs and anyone who takes over your rights. A later version of these Terms does not undo a transfer already made.

10.2 Publishing, earnings and payouts

  • Your promises. You made the content or hold every right needed. It depicts only fictional adults, no real person, and nothing unlawful. You are at least 18.
  • What you may upload. Only finished illustrations and animations that are your own work or licensed to you. No photographs, no video and no likeness of a real person. Creators cannot use artificial-intelligence image generation on the Websites.
  • Adults only, even in fiction. Every character must be depicted as an adult, and nothing in your content may depict or suggest a minor or a person who could be taken for one. Your content must not contain any of the material that the section “Zero Tolerance Policy and User Conduct” above forbids, even in fiction.
  • Our rights. We reserve the right to reject any character you submit, to suspend or close your account, and to refuse a payout if we consider that you or your content break any of our acceptable-use terms: the rules of the section “Zero Tolerance Policy and User Conduct” above and your promises in this section.
  • Review. Every submission is reviewed before it goes on sale, and so is every addition to a character that is already on sale. We may reject any submission, and we tell you the reason when we do.
  • Taking a character off sale. We decide whether a character stays on sale, as section 10.1 sets out. While your account exists, we tell you when we take a character you submitted off sale or out of the Game.
  • Complaints. Complaints about your content are handled under our Complaints and Content Removal procedure, and you cooperate with us in handling them.
  • Earnings. You set a price in Tokens up to our cap, and we may change it. While your creator account exists, you earn 50% of the Tokens spent on the characters you submitted, their clips and their offers, converted at the rate shown on your Sales page. Refunded sales are deducted.
  • Payouts. You may request a payout once you have earned at least 10000 Tokens ($100.00 at $0.01 per Token). Payouts are made only to an account held in your own name: through our payout provider, Yoursafe, to your own Yoursafe account, which you identify by its IBAN. A payout is credited to your Yoursafe account in its currency, converted where needed at the rate that applies when it is processed, and any conversion or transfer fees are deducted from the payout. We may hold a payout while we look into suspected fraud or a breach.
  • Taxes. You are responsible for your own taxes. Before your first payout we collect the tax form United States law requires: Form W-9 if you are a US person, Form W-8BEN (or W-8BEN-E for a company) if you are not. Depending on the form, your country and the nature of the payment, US tax may be withheld from a payout and reported to the US tax authority.
  • Leaving. You may withdraw a character while it waits for review, which returns it to you, and you may ask our support to take a live character off sale; whether we do so is our decision. An account with a character under review or a payout in progress cannot be deleted on the Account page; it is closed through the support desk. Closing or deleting your account returns no character to you: the characters we approved remain ours and may stay on sale. Request your payout before your account is deleted, as earnings not paid out by then can no longer be requested.

11. Data Processing

You acknowledge and agree that the technical processing and transmission of the Websites may involve transmissions over various networks, foreign and domestic, and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by us with regard to its Users may be disclosed, strictly in accordance with our Privacy Notice.

12. Warranty Disclaimer

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, ITS OPERATOR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PARENTS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND GOODS OR SERVICE PURCHASED AND OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITES' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITES OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, AND ASSUME NO LIABILITY OR RESPONSIBILITY RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICE. THE WEBSITES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GAMES, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR OUR SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO INFORMATION OBTAINED BY YOU FROM US, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

The foregoing shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that we, including representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, shall not be liable for defamatory, offensive, or illegal conduct of any third party of which we had no knowledge, and that the risk of harm or damage from the foregoing rests entirely with you.

13. Limitation of liability

TO THE FULL EXTENT ALLOWED BY LAW, WE, INCLUDING OUR REPRESENTATIVES, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, PARENTS, EMPLOYEES, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:

  • MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
  • THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITES;
  • ANY UNAUTHORIZED ACCESS TO OUR SERVERS AND CUSTOMER INFORMATION BY A THIRD PARTY; OR
  • ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD PARTIES YOU ENCOUNTER ON OR THROUGH THE WEBSITES.

14. Governing Law

These Terms of Use, your use of the Websites, and the relationship between you and us shall be governed by the laws of Delaware, United States of America, without regard to conflict of law rules. Nothing contained in these Terms shall constitute an agreement to the application of the laws of any other nation to this Website.

You agree that the Websites shall be deemed passive Websites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate court located in the State of Delaware, United States of America. You hereby submit to the jurisdiction and venue of said Courts.

If you are a consumer, nothing in these Terms takes away the mandatory protections of the law of the country where you live.

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on this Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Use, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Use. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Use. Any claim by you that may arise in connection with the User of the Websites in compliance with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

15. Arbitration Agreement & Waiver of Certain Rights (EU)

This section shall only apply to Users located in the European Union or in the other EEA countries.

We cooperate with out-of-court dispute settlement bodies (“Dispute Settlement Bodies”) that have been certified in accordance with Art. 21(3) of the DSA. The European Commission publishes a list of these bodies.

If you have your place of establishment or are located in the European Union, you have the right to select a Dispute Settlement Body to assist in resolving disputes relating to decisions previously taken by us regarding Content uploaded by you, or notices you submitted to us. This includes cases in which complaints have remained unresolved by our internal complaint-handling system, as described in section “Complaint Handling Procedure”.

We reserve the right to refuse to cooperate with your selected Dispute Settlement Body if:

  • A dispute has already been resolved or is already subject to an ongoing procedure before a competent court of relevant jurisdiction, or before another Dispute Settlement Body.
  • The Dispute Settlement Body has been contacted after the six-month period from notification to you of our decision has lapsed, and you have not previously filed a complaint through our internal complaint-handling system over a particular issue.

Any decisions taken by Dispute Settlement Bodies shall not be binding on either you or us.

We are neither willing nor obligated to participate in dispute resolution proceedings with consumers before a consumer arbitration board under the EU Directive on Consumer ADR.

16. Limitation on Time to File Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Your Comments and Concerns

This Websites is operated by MediaSensu LLC, a limited liability company organized under the laws of Delaware, United States of America. Our registered address is 8 The Green STE B, Dover, DE 19901, USA. Our telephone number is +1 (302) 309-8919.

All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to us through our contact form.

In accordance with Articles 11 and 12 of Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”), by registering as a User on this Website (and by using the same), you expressly and specifically consent to receiving electronic communications from us relating to your account. We provide contact options in compliance with the DSA, which you can use for communications on topics specific to the DSA: you can reach us through our contact form or, if you have an account, at the support desk of your account.

18. Waiver and Severability

No waiver by us, including our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. All waivers hereunder must be made in writing and signed by the waiving party.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

19. Indemnity

You agree to defend, indemnify, and hold us, including our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Websites;
  • Your violation of any term of these Terms of Use;
  • Your violation of any third party right, including, without limitation, any copyright, (intellectual) property, personality or privacy rights; and
  • Any claim that causes damage to a third party.

The Terms and Conditions contained herein, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by it without restriction.

20. Assignment

These Terms of Use and any rights and licenses granted hereunder, must not be transferred or assigned by you, but may be assigned by us without restriction.

21. Miscellaneous

No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries. For the purpose of clarity, our representatives, officers, shareholders, subsidiaries, affiliates, parents, employees, licensors, and agents are intended third-party beneficiaries.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.

©2026 MediaSensu LLC - All Rights Reserved.

Pecheca is a trademark of MediaSensu LLC.

All characters appearing on these Websites are fictitious visual representations and are designed/reflected/intended to be eighteen (18) years or older. Any resemblance to real persons, living or dead, is purely coincidental.