Terms of Service
Last updated: 27/10/2026
Introduction
Welcome to xcapybara.com (the "Site"). In these Terms, "we", "us" and "our" refer to the Site and its operator, and "you" and "your" refer to you as a visitor. Together we are referred to as the "Parties".
The Site is owned and operated by W Media Group, a company based in the Netherlands. Questions, complaints and support requests can be sent by email to support@xcapybara.com.
These Terms of Service (the "Agreement") form a legally binding agreement between you and the Site and govern your use of it. Please read them carefully. If you do not agree with any part of them, leave the Site now. By using the Site you confirm that you have had the opportunity to obtain independent legal advice about your rights and obligations under this Agreement.
1. Acceptance of these Terms
By visiting or using the Site, or any content, feature or service offered on or through it (together the "Services"), you agree to (1) these Terms of Service, (2) our Privacy Policy and (3) our Community Guidelines, both of which form part of this Agreement. If you do not accept any of these documents, do not use the Services.
We may change this Agreement at any time. Changes take effect as soon as they are published on this page, and the latest version replaces all earlier versions. Whenever we make a change, we will update the "Last updated" date at the top. It is your responsibility to check this page regularly. If you keep using the Site after a change, you accept the updated Agreement; if you do not agree with a change, stop using the Site. Should a court find an amendment invalid, the previous valid version will continue to apply to the fullest extent possible.
2. The Services
These Terms apply to every visitor of the Site. "Content" means all text, scripts, graphics, images, sounds, music, videos, audiovisual material, interactive features and other material that can be viewed or accessed through the Services.
The Site displays videos that are hosted by, and embedded from, third-party platforms, and it contains links to third-party websites and advertisements. We do not own or control these third parties and are not responsible for their content, privacy policies or practices. You use third-party websites and services at your own risk and release us from any liability arising from that use. We recommend reading the terms and privacy policy of every website you visit.
Sexually explicit material and minors
The Site contains sexually explicit text, images, videos and links (the "Adult Material"). You must leave the Site immediately if:
- you are under 18 years of age, or under the age of majority in any jurisdiction from which you access the Site, whichever is higher (the "Age of Majority");
- you are offended by Adult Material; or
- viewing Adult Material is not legal where you are.
By entering and using the Site you declare that all of the following statements are true:
- I have reached the Age of Majority where I live and where I access the Site;
- I view the Adult Material for my own private use and will not show it to any minor;
- I wish to view the Adult Material and I am legally allowed to do so;
- I do not consider sexual activity between consenting adults to be offensive or obscene;
- viewing the Adult Material does not violate the standards or laws of the place where I view it;
- I am solely responsible for any false statement I make and for any legal consequences of my use of the Site, and neither the Site nor its operators, affiliates or agents can be held responsible for any unlawful or fraudulent access;
- I have read and accept this Agreement, the Privacy Policy and the Community Guidelines and agree to be bound by them;
- for any dispute with the Site, I accept the jurisdiction of the Netherlands; and
- I understand that the Adult Material is intended for responsible adults, for entertainment and sexual education.
3. Access to the Site
We grant you a limited, personal, non-exclusive and revocable right to access the public parts of the Site. You are responsible for your own internet connection, equipment and software, and for any costs related to them.
By using the Site you confirm that (a) you use it for personal, non-commercial purposes only, (b) you will not copy or distribute any part of the Site without our prior written permission, and (c) you will comply with this Agreement, our Privacy Policy and our Community Guidelines.
We may warn you, or suspend or block your access to the Site, at any time and without prior notice if we believe you have breached this Agreement, if your use may create legal liability for you, other visitors or us, or if we decide to stop offering the Site or any part of it. We are not liable to you for any such suspension or termination.
4. Permitted use and restrictions
You may use the Services as described in this Agreement, provided that you:
- do not distribute any part of the Services or the Content in any medium without our prior written consent, unless the Site offers a feature for doing so;
- do not alter or modify any part of the Services;
- only access Content through the video pages of the Site or other means we explicitly allow;
- do not use the Services commercially without our prior written approval, including selling access to the Services or selling advertising, sponsorships or promotions placed on or around the Content;
- do not use robots, spiders, scrapers, offline readers or other automated systems that send more requests to our servers than a person using a normal web browser could. Operators of public search engines may use spiders only to create publicly available search indexes, not caches or archives, and we may withdraw this permission at any time;
- do not collect or harvest personal information about other visitors, and do not use the Site for commercial solicitation; and
- comply with all applicable laws.
We may change or discontinue any part of the Services at any time.
5. Use of Content
- The Content and the trademarks, service marks and logos on the Site ("Marks") belong to the Site, its licensors or the respective third parties, and are protected by copyright and other intellectual property rights.
- Content is provided "as is" and may be viewed for personal use only, through the functions the Site provides. You may not download Content unless a download link is offered for it, and you may not copy, reproduce, distribute, broadcast, display, sell, license or otherwise exploit Content for any other purpose without prior written consent from us or the relevant rights holder. All rights not expressly granted are reserved.
- You may not circumvent, disable or interfere with security features of the Site or with features that prevent or limit copying of Content.
- Content comes from many sources, and we are not responsible for its accuracy, usefulness, safety or the intellectual property rights attached to it. You may encounter Content you find inaccurate, offensive or objectionable, and you waive any claims against us in that respect to the fullest extent permitted by law.
6. Copyright and removal of Content
We respect the intellectual property rights of others and do not allow infringing activity on the Site. We will remove Content when we receive a valid notice that it infringes someone else's rights, as described on our DMCA page. We may also remove any Content at any time, without notice and at our sole discretion, if we believe it violates this Agreement.
7. Disclaimer of warranties
YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND YOUR USE OF THEM. WE MAKE NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR ON ANY LINKED SITE, AND WE ACCEPT NO LIABILITY FOR (I) ERRORS OR INACCURACIES IN CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES; (III) UNAUTHORISED ACCESS TO OUR SERVERS OR ANY INFORMATION STORED ON THEM; (IV) ANY INTERRUPTION OF THE SERVICES; (V) BUGS, VIRUSES OR SIMILAR HARMFUL CODE TRANSMITTED BY THIRD PARTIES; OR (VI) ANY LOSS OR DAMAGE ARISING FROM THE USE OF CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE OR TAKE RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, IN ANY BANNER OR OTHER ADVERTISEMENT, OR ON ANY LINKED WEBSITE, AND WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTIES.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM THE MATTERS LISTED IN SECTION 7, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT THE SITE IS NOT LIABLE FOR CONTENT PROVIDED BY THIRD PARTIES OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM FROM THESE RESTS ENTIRELY WITH YOU.
The Services are operated from the Netherlands. We make no claim that the Services are appropriate or available in other locations. If you use the Site from another jurisdiction, you do so on your own initiative and you are responsible for complying with local law.
9. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Site, its parent company, officers, directors, employees and agents against all claims, damages, obligations, losses, liabilities, costs and expenses (including legal fees) arising from (i) your use of the Services, (ii) your breach of this Agreement or (iii) your violation of any right of a third party, including copyright, property or privacy rights. This obligation continues after this Agreement ends and after you stop using the Services.
10. Age requirement
You confirm that you are at least 18 years old and have reached the Age of Majority in the jurisdiction from which you access the Services.
11. Governing law and disputes
The Site and all material on it are provided for entertainment and information purposes only.
This Agreement, our Privacy Policy, our Community Guidelines and any use of the Site are governed by the laws of the Netherlands, without regard to conflict-of-law rules. The Services are considered to be based solely in the Netherlands.
Any dispute arising from or related to this Agreement or your use of the Site will be settled exclusively by the competent courts of the Netherlands, unless mandatory law provides otherwise. Either Party may at any time seek urgent injunctive relief from a competent court. The prevailing Party in any proceedings related to this Agreement is entitled to recover its reasonable legal costs and fees.
If you access the Site from a location where its content is illegal or restricted, you do so at your own risk and you are solely responsible for complying with local laws.
TO THE EXTENT PERMITTED BY LAW, ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE IT IS PERMANENTLY BARRED.
12. Notices
We may give you notice under this Agreement by email, by publishing it on the Site or by delivery through a commercial carrier. A notice takes effect on delivery. A correctly addressed notice that is refused or cannot be delivered due to an act or omission of the recipient is deemed effective on the date it was refused or found undeliverable. Either Party may change its notice address by informing the other Party in accordance with this section.
13. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, riots, terrorism, crime, strikes, embargoes, disruptions of communication or infrastructure, unavailability of service providers or shortages of materials.
14. General provisions
Severability. If any provision of this Agreement is found unlawful, void or unenforceable, that provision is separated from the rest, which remains fully valid and enforceable.
No waiver. If we do not enforce a provision of this Agreement or of applicable law, this does not mean we waive our right to enforce it later.
Assignment. You may not transfer your rights or obligations under this Agreement without our prior written consent. We may transfer ours to any party at our sole discretion.
Headings. Headings are for convenience only and do not affect the interpretation of this Agreement.
Entire agreement. This Agreement, together with our Privacy Policy and Community Guidelines, is the entire agreement between the Parties on its subject matter and replaces all earlier agreements or understandings, written or oral.
