1. GENERAL
Note that you, in your role as Host ( 'Host/Model') must sign and acknowledge the following Agreement with the Agency as well as Facilitation Services Agreement (' Agreement') in order to be eligible for the services that are detailed in the following. The signing of this agreement entitles you to avail the services to which a Host/Model is entitled (as as described in section 2. of the Agreement) however, it has certain obligations, and obliges you to sign certain statements, and could oblige you to sign more contracts with customers ( 'Guest/Member') who wish to receive content or information from your chats, such as the Host-Guest Chat Sessions (' HGCS') and/or Model-Member Chat Session (' MMCS'), the form of which is available the 'Host-Guest Agreement and Model-Member Agreement'.
When you click "I Accept", you accept to be bound by the provisions of this Agreement and any Host-Guest Agreement or Model-Member Agreement.
By signing this Agreement and continuing with the registration process as a Host/Model you acknowledge you understand that Company is a technology-related service provider. You agree that when together the services described in this Agreement and all other services available through https://Wercams.com (' Site'), you are bound by the conditions of the Agreement in conjunction with the Company and the conditions of any Host-Guest Agreement or Model-Member Agreement.
2. THE SERVICES
As long as you comply with these terms and conditions laid within this Agreement and subject to your complete conformity with the terms in any Host-Guest Agreement or Model-Member Agreement The Company will focus on providing to you the services listed below (' Services'), in its role as your agent, and also as a service provider services to you
- The Company on behalf of you will promote your Host/Model Service (together in conjunction with or apart from Host/Model Service of other Hosts/Models) via the directory or other method deemed to be suitable to be appropriate by the Company. In accepting this Agreement you consent to the Company at its own discretion, to market you and your Host/Model Services (together with or independently apart from Host/Model Services of other Hosts/Models) through the Site as well as on other websites, or in any other medium ('Advertisement'). The Company may decide at its sole discretion not limited to the location and placement of the advertisement as well as the method of representation of the Host/Model, as well as any position of the Host/Model on the Directory or the Site, websites of third parties or any other medium. You acknowledge and acknowledge that the Company may, in its sole discretion, bring other third-parties (including Affiliates) who have access to advertisements and material material you post through the site (including however not restricted to the Host/Model's information pictures images, text, and other information) which these third parties can make use of to advertise their Host/Model Services as well as for other commercial use ( 'Advertising Material').
- branding goodwill as Wercams Host/Model Wercams Host/Model, the Host/Model Services will be made accessible and accessible to a large number of Members and Guests as well as potential guests and members who are drawn to the website through its Wercams brand. The benefits you get include a significantly increased market visibility and dependable tracking and management of guests and/or Members on behalf of you.
- The Company is entitled to deduct from your Model/Host Service Charges (as as defined in the following) (' Deductions'):
- The amounts you are required to pay to the Company as a consideration for the provision of the Services ( 'Company Fee') like to the details within Sections 14 and 12 of the Agreement. It is stated that the Company can take from the amount of approximate Company Fee (which estimates the Company makes in its own discretion) from the Host/Model Service. Payments to Hosts/Models that are or could be registered on the site as Hosts/Models for the applicable remittance duration (the "Community of Models/Hosts") at the time when it is the Company (as agent for the Hosts/Models Community) offers Wercams Credit (as defined below) offers Wercams Treat Credits (as defined below) to any Guest or Member (as as defined in the following) and may occur prior to the date when any Host/Model payment is made to a particular Host or Model; and the estimated Company Fee will be deemed to be due directly to the Company at the time of payment. The reconciliation of this estimated Company Fee at that moment with that actual Company Fee owed to the Company will be made prior to or upon the payment of Host/Model Service payments according to the guidelines in this document.
- Amount of fines imposed on you in accordance with this Agreement as well as in the context of Section 22(b) of the Agreement.
- Host/Model Services Payments (less deductions) will be paid to you according to the terms of this Agreement with the exception that Host/Model Services Payments could be delayed in accordance with Section 22(a) of this Agreement.
- It is clarified in the event:
- All Wercams Credits and Wercams Treat Credit cannot be taken from a guest's or member's balance or balance of Wercams Credits and Wercams Treat Credits issued by the Company, or
- Direct payments aren't able to be charged using the guest's or member's payment method, if they are in accordance with the regulations the applicable regulations.
- The amount of any Wercams Credit and/or Wercams Treat Credit will be added any Guest's or the account balance Wercams Credits as well as Wercams Treat Credits that are issued by the Company (as is established by the Company at its sole discretion) which includes due the possibility of a chargeback, refund or other issue triggered by such Member or Guest or any system failure (including those caused by technical issues on the site or the Site's infrastructure). Wercams Credits and Wercams Treat Credits are to be taken from a Guest's or Member's accounts, or the amount that is to be debited from the Guest's and/or Member's billing method, and/or Host/Model Service payments that accrued to you within the last 60 minutes before the failure of the system are deleted in the systems of Company) The amount of Host/Model Payments are not payable to company to any Host or Model. Company to the Host or Model (and in the event it is the case that Company have added any Wercams Credit and/or Wercams Treat Credit amount of a Guest/Member with a Host/Model, that Host/Model is required to refund the Company any amount that is added and/or the Company has the right to subtract the amount from any Host/Model Service payments to be paid to the Host/Model) The Company will not be liable for any of the amounts mentioned above and you release all claims, demand, or lawsuits against the Company regarding any the amount (and the Company is not obligated to show you or any other third party documents pertaining to chargebacks or refunds given by guests and/or members). Additionally to this, the Company is not liable for any responsibility in the event of the malfunction or disruption of or malfunction of Services and/or any of the Ancillary Services (as described in the following section). The Company has further affirmed and stated that the accrued Host/Model service payments as shown in your Host/Model account on the website will be the sole determining factor, and the Company is not liable in connection with any claim or demand for more Host/Model Services that are not displayed as such.
- The sole remedy for the Host/Model in regard to the events described above will be to stop with Services and the Ancillary Services and the associated Services (as as described in the following paragraphs) and also to stop providing Host/Model Services. Host/Model Services.
- Additionally should the Wercams Credits, or Wercams Treat Credits for any Guest/Member run out or are lost by any Member or Guest, as per the Terms & Conditions of Service or any Host-Guest or Model-Member Agreement, those Wercams Credits are taken back towards the Company and not to any Host or Model, nor members of the Community of Hosts/Models.
3. ANCILLARY SERVICES
In addition to in addition to the Services in addition, and subject to any terms or conditions laid in the Agreement and your complete compliance with the terms and conditions of any Host-Guest Agreement or Model-Member Agreement the Company will offer users with the following additional services that are an ancillary service in connection with these Services ('Ancillary Services') at no cost:
- Pay-to-Pay: It is the Company acting as an agent for the community of hosts/models assists in the deposits by Members and/or Guests of funds through the site (including through different payments service companies) that are reflected in the purchase by Members and Guests of "credits" at a price which is shown to the Guest or Member after the acquisition of these credits ('Wercams Credits'). Additionally to this, the Company acts as an agent for is also the agent of Community of Hosts/Models. The parties agree that as well as the payments that is made through the Company to the Hosts/Models for their services offered through the Company's website in addition, the Company must (if relevant) make payments to the Hosts/Models for the permission that they have granted to the Hosts/Models in exchange for permission by the Company to commercially exploit the use for the Host/Model's Advertising Materials on third party's website. In this regard the Company must pay the Host/Member an amount equal to 27percent of company's profits from the commercial use of the Host/Model's advertising Materials on an external site.
Alongside Wercams Credits guests or Members may, at the discretion of the Company, receive specific credits that are only used to purchase Host/Model Services ('Wercams Treat Credits'). If you offer additional Host/Model Service to any guest/member, guests and/or members can pay you for these Host/Model Services only via together Wercams Credits (or Wercams Treat Credits when they are for Host/Model Services offered during an event such as a "Candy Show"). The amount equivalent to (or calculated in the reference in reference to) that from Wercams Credits as well as Wercams Treat Credits that relate to the Host/Model Service provided by you to guests or Members is defined in this document as 'Host/Model Payments'. Host/Model Service payments do not constitute or constitute a representation of any service provided through you for the Company. You are permitted to charge Members or Guests the equivalent of one cent (USD 1) to each Wercams Credit (or up to 1.5 credits through our Special Deals websites) as well as Wercams Strip Treat Credits redeemed by a Member or Guest for the payment of Host/Model Services you provide as well as for the purpose for calculating your Company's Fee.
- Chat System: The Company will favor you with non-exclusive usage of its chat messaging technology ('Chat System'), comprising a particular web-based app that allows chat on the internet (the "Application") which allows you to chat with members and/or guests who you sign a Host/Guest Agreement or Model-Member agreement. Through the Host/Model directory that is available within the Site (the "Directory") or a direct hyperlink to the Directory, Members and Guests can initiate contact with Models and Hosts (including during scheduled sessions) with whom they want to receive information or content. When the Host/Model has accepted the guests and/or members to join an HGCS or MMCS, the application allows the Host/Models to connect to the guest's computer and focus on providing content or information by way of audio/video (and the use of text) chat. A guest or member can also opt to talk by video or audio (or texts) directly with the Host/Model. In some instances there may be diverse Guest/Members who may be connected to a particular Host/Model at the same at the same time. It is stated that each HGCS or MMCS will be subject to a Host-Guest agreement or Model-Member Agreement, which includes in relation to the Host/Model Service, which is signed by the Host/Model and each Guest/Member prior to the start of each HGCS or MMCS.
- message center: It is the Company is required to offer you with the use of a messaging centre ('Message Center') which allows you to prepare information/content to the Company that you wish to the Company to deliver to a Member/Guest or Members and/or Guests and that allows for the Company to serve messages in the form of text, queries or other messages that a Guest or Member has submitted for the Company and that the Member/Guest would like to the Company to add to you, according to the terms of an agreement signed between Company and the Guest/Member ('Terms and Conditions'). It is stated that the Company can be entrusted in its sole discretion, to communicate or not transmit any of these messages or any the content of the message.
- Platforms: The Company will focus on providing you with access to platforms and tools that permit you to offer additional special services or promote your Host/Model Service ('Host/Model Platforms').
- Model Account/Host: The Company provides current and accurate information about transactions and information online on your account, allowing you to track the amount of Host/Model Service payments you have earned for the month.
4. AMENDMENT OF AGREEMENT
The Company is permitted to modify this Agreement along with terms and conditions of this Site and the Host-Guest Agreement as well as other rules and regulations which appear in other areas of the Website at any point by changing it through the site. When you sign up to your account on the site as well as with Services or the Ancillary Services as well as the Ancillary Services following the amendment you are indicating your acceptance to any changes. You are responsible to frequently check this Agreement along with these Terms and Conditions as well as the Host-Guest Agreement and any additional rules and regulations which appear anywhere else within the Site.
5. NON-ASSIGNABILITY/THEFT OF LOGIN
The Company is permitted to amend this Agreement as well as the Terms and Conditions on the Website and the Host-Guest Agreement or Model-Member Agreement as well as other rules and regulations which appear in other areas of the Website at any time, by making changes through the site. When you sign up to your use of the site as well as with Services or the Ancillary Services and the Ancillary Services following an amendment has been made, you confirm that you agree to the modification. Your responsibility is to frequently examine this Agreement along with terms and conditions and the Host-Guest Agreement or Model-Member Agreement and any other rules and regulations that appear in other places on the Site. You must immediately inform your Company of any security breach like the loss, theft or any unauthorized disclosure or usage of your username or password.
6. INFORMATION/CONTENT
You are solely accountable legally and legally for all information/material you provide in connection with your offering of Host/Model Services, which includes in any HGCS or MMCS or MMCS, and the Company is not able to assume any responsibility whatsoever for this information or content.
Without derogating from the foregoing You hereby guarantee and affirm that:
- You agree that the information/material you share with us shall conform to applicable local law and regulation that apply to you and any Guest(s) or Member(s) who are participating in any HGCS or MMCS including the laws and regulations from the EU as well as in the United States.
- You warrant in writing to the Company that you own all the necessary intellectual property rights, interest, and licenses, which include without limitation, trademarks, copyrights and copyrights as well as rights to license music and or all other information and rights to proprietary information in relation to the said material as well as information, and that the material is not infringing on any rights of third parties such as intellectual property rights or publicity rights.
- You are required to warrant that every participant in any HGCS or MMCS (including guests or Member) must be of a minimum age 18 old. Age.
- You are not permitted to cause or permit the image of other person (excepting those with the status of hosts/models or Members and/or Guests of the Company and have expressly agreed to the transmission of images) to be displayed in any HGCS and/or MMC. In this case the Host must be able to obtain and maintain a an official record the written consent of anyone that are represented in any form or material which includes:
- Consent to have your name and signature displayed in the materials
- Consent to permit publication of material and uploading the content to the Site;
- Consent to having the material downloaded.
- Host's Wercams account Wercams should only contain performers who have successfully been through the process of applying through Wercams by submitting the required proof of age and other information and who Wercams has approved to be featured on the account of Host. Apart from performers who have been who have been approved by Wercams to appear Host's account's representatives, Host shall not have any other person perform in any of Host's shows. If Host violates these guidelines, Wercams will suspend or end Host's account. If Host does not continue together the account they have, then Host's account has to be shut down. Wercams will terminate accounts with inactivity after a certain time and is not able to be restored.
- In addition to any other provisions or provision of this Agreement or any Host-Guest Agreement or Model-Member Agreement The following actions are considered to be obscene in general and unlawful in many areas, and are prohibited such as child pornography, bestiality and any representation of minors who are engaged in intimate sexual or physical contact (actual and/or depicted) or incest, extreme/abusive bondage or sado-masochism, depictions of torture, rape, and defecation on its own or when it is in conjunction with a sexual behaviour, or urination by itself or as part of a sexual or violent act, as well as any other conduct that could be classified as "obscene" by the standards of your local community, or any community comprised of your guests and/or members in any HGCS or MMCS ('Forbidden content'). The Company strongly recommends that you consult with a local attorney for information on where your own community as well as the community of members or guests determines the appropriate level of obscenity. What is considered to be "Forbidden Content that is obscene, abusive, defamatory or threatening, racist ally offensive or unlawful material? It is your responsibility to immediately notify the Customer Service department of the Company in the event of a publication to or through Forbidden Content within an HGCS or MMCS or any other prohibited activities (including but not only alleged instances of child pornography,, rape or torture, etc. ).
- Adult behaviour and/or conduct is strictly forbidden in any HGCS or MMCS that are entered into by any Member or Guest in any zone (including not excluding the zone called "Friendship & Romance") other than an HGCS or MMCS that is entered into by a Member or Guest by means of the zone called "Live Sex Chat".
- Host is not allowed to under any circumstance publish, transmit, discuss, or share or discuss on the Site any content that is child-related sexual abuse content (CSAM) or in any way portrays or makes reference to anyone under 18 years of age.
- Host/Model Services are not available in any country or location where it would violate Host/Model Services may not be offered in any region or country where it would be unlawful to do so be deemed to be as a violation of a law or regulations, rule or ordinance, decree, or other custom. Without limiting the preceding the Company can limit or prohibit access to the website in any way to Host/Models in any location or country at any point in time at its sole discretion. It will not be held responsible to any Host/Model (including for any loss of income) in this regard.
- You are not under any obligation towards the Company or any other person to add Host/Model Services, or to take any Guest's or Member's requests. Don't accept any requests that could cause you to violate this Agreement and/or any Host-Guest Agreement or Model-Member Agreement or any applicable law.
- Moderation and Prohibited Content Moderation and Prohibited Content Digital Service Act (for EU users only):We have implemented diverse measures to stop the presence of prohibited and illegal information on the Services to assure the compliance of our services with European Regulation 2022/2065 also referred to in the Digital Services Act (" DSA").
Prohibited Content By with the Services we offer, you agree that we employ and utilize material moderation tools to prevent the following types of material (referred to as “Prohibited Content"):
i. Unlawful activities: material promoting or aiding illegal activities, including the use of violence, terrorism, drugs usage, or hate crimes;
ii. hate speech: material that attacks an individual or group because of race or ethnicity, religion the nationality of a person, their disability, preference, gender identification or any other protected characteristic;
iii. Bullying and harassment: material intended to harass, intimidate or harm an individual. This includes cyberbullying and doxing.
iv. child sexual abuse material (CSAM): material that depicts child sexual abuse a child. We are not tolerant of CSAM and we will immediately report any instances to the authorities.
V. Violent threats: material that threatens violence against a person or group
vi. Copyright violation: material that violates intellectual property rights, like non-authorized streaming of copyrighted materials;
vii. Disinformation and misinformation Disseminating demonstrably inaccurate or false information, particularly in relation to public health and safety;
viii. Spyware and malicious material uninvited commercial messages, attempts to phish, or distribution of malware;
ix. Self-harm promotion: material that encourages self-harm or suicide.
You agree not to transmit, share, upload or display disseminating or making available any prohibited material as described in this section. We encourage Hosts to notify us of any Prohibited Content which violates these Terms together the reporting tools that we have provided in our Services.
Content Modification We will employ or use semi-automated, automated, automated tools or human beings to determine and verify any information, material or information provided by the Host or Guest/Member using the Services that may violate these Terms.
But, you acknowledge and acknowledge that we might not be able identify all prohibited material and do not impart any guarantees regarding any material. We reserve the rights, at our discretion, and at any time, to delete and/or refuse to share the material, send it out, upload it or display any content, material or information provided by you or Guest/Member to serve the purposes of enforcing these Terms or in any other way deemed appropriate by us to be appropriate.
We are committed to our material moderating obligations seriously and warrant that all of our employees are given the right guidelines and education on how to respond to your notifications and complaints. In this respect we have enacted escalation procedures to warrant that all notices and complaints are thoroughly examined and, if needed transferred to the appropriate department to further investigate and take decision. This process of escalation aims to ensure respect for the material moderation system and resolve any issues quickly and energetically.
In this regard you acknowledge that we cannot warrant the accuracy, completeness or the timeliness of our efforts to moderate.
removal of content We acknowledge that we grant Host and Guest/Member effective ways to report any prohibited content (e.g. the report button, live chat of our customer service, as well as internal email system) which is shared or uploaded, transmitted or displayed by the Host or Guest/Member in our Services. When you report the suspected Prohibited Content, it will aid us in quickly to identify illegal material, which includes Prohibited Content. We promise to investigate all reports of unlawful material and, if applicable we will take the appropriate steps to remove it from our Terms of Service, depending on what is the basis of your issue, which could include, among other things taking down the Prohibited Content, suing an advisory or suspending/banning an infringing account.
If we receive your request and find that Guest/Member has made available any prohibited Content or other illegal material that is in violation of our Terms and Conditions, we will eliminate it and inform you of our action via email or your account.
If we discover that a Guest/Member or a Host of the Services uses its account to distribute clearly illegal content that violates the law, such as Prohibited Content We have the right to, among other things and suspend use of the Services in a fair amount of time. The length of the suspension is determined on a case by case basis considering pertinent factors like prior posts and how the content as well as other relevant situations.
You acknowledge and acknowledge that we are entitled in full cooperation with all law enforcement agency or court order asking us to disclose the identity or other details of any person who posts material, material or information on the Service. By acknowledging this, it is your agreement to waive and disengage us from any responsibility for disclosing information to law enforcement agencies.
Complaint Handling Process You agree and acknowledge that you can file an appeal against any decision we make regarding: (a) any action that we take against your account, yourself or any other material, material or information that you uploaded or attempted to upload via our Services; (b) any notice that you have submitted to us to us for material either removal or reporting.
In this respect you are aware that the deadline for filing of complaints can be 6 (6) months from the time that notification of the relevant decision has been made available to you.
You are given the choice to file an inquiry via the email address linked to your account, or through the email address that is provided in the relevant decision notification. Your complaint must be complete in order for us to conduct an investigation. This includes the reasons why you believe your claim is legitimate. Inability to impart enough details could cause the denial in your claim.
We will investigate any complaints we receive in a non-discriminatory not arbitrary, timely and diligent way. Be aware that your complaints are always subject to review by a human. We can reverse our an earlier decision if you is able to demonstrate, inter alia: (a) the alleged information, material or information did not actually violate the law, rights of third parties, rights, or the Terms of Service; (b) our prior decision was arbitrary, unjustified or unreasonable or in any other way.
misuse and abuse If you submit any of the information we collect on our Services and any other report claiming illegal material or a complaint about the Services to material moderating you accept that you will not abuse this feature or to misuse our system. We will immediately send notification letters if legally required, when we discover any misuse of our reporting systems or any misuse of our services.
It is agreed that infringement or misuse of the mechanism or systems within our Services may lead to appropriate measures, including but not the least, but to a minimum an account suspension for a reasonable amount of time, as when your complaints or notices were not substantiated or you routinely give explicit Prohibited Content without prejudice to a prompt warning if legally required.
You understand that misuse and abuse can refer to different behaviours, for example: (a) repeatedly submitting unsubstantiated complaints or notices regarding illegal or inappropriate content such as Prohibited Content, primarily during a specified time frame or in the interest of intimidation, harassment or for any other purpose that is malicious and without regard to the material's legality (b) deliberately ignoring geographic or other limitations to access or distribute, share or publish material; (c) generating significant numbers of complaints that are not backed by adequate or accurate information in comparison to the number of notices or complaints filed within a specified time frame; (d) repeatedly infringing our Conditions.
Before taking any actions to address abuse or misuse We will assess each case in detail. The evaluation will take into consideration elements like the nature, frequency, the context and potential harm resulting through the abuse or misuse.
If you are found to be abusing the complaint or notice handling mechanisms We have the right to terminate your access to these procedures for a reasonable amount of time.
Out-of-court Dispute Resolution Methods (for EU residents only) If you live in the EU you are entitled to the option of choosing an entity for dispute resolution, which has been accredited by the DSA in order to assist us in the resolution of disputes arising from our decision regarding the uploaded content and/or notices that you have submitted to us by you or a Members or Guest.
We can, however, not cooperate with your selected Dispute Resolution Body if: (a) the dispute has been resolved through a court or a different arbitration body (b) the dispute has been resolved by a different body; or (c) you've reached out to the dispute resolution body within 6 (6) months after the date of our decision without together the complaint management system.
You acknowledge that in accordance with the DSA any decisions made by these dispute resolution institutions will not be binding either of us or on you.
The point of contact in relation with the DSA According to the conformity to the DSA, info@wercams.com is the primary, designated point of contact for all communications with users of the Services that are provided here, as well for the European Union Member State authorities and the Commission as well as the Board for the Digital Services. Make sure that all communications are conducted in English.
7. APPROVALS AND REQUIREMENTS OF THE COMPANY
- The advance approval of the Company is required to allow any Host/Model to utilize the Services or other services. This approval is at the sole control of Company.
- It is essential for The Company in order to warrant your age (1) at minimum 18 years old; (2) if the laws of your state bring that you may only legally bound by contracts at a date that is older than 18 years old, then you're older satisfying to legally bound under a contractual agreement according to the laws of that particular jurisdiction.
- The Company can request at any time and you will be required to bring to the Company upon the Company's request any document including, but not limited to identification documents that conform to applicable law that establish your age, as well as an original copy of this Agreement. Furthermore the Company employs comprehensive measures to discover and disqualify false identification of the name of any host/model and/or dates of birth ('Falsification Of Documents'). In the case there is a chance that the Company accepts the documents in spite of the falsification of Documents you agree that the documents are considered to be genuine on behalf of the Company which means that the Company is not liable for any such breach regardless of the circumstances to anyone else or to you.
- Anyone who is a relative to any member of the Company or any entity controlled by and controlled by or governed by the Company such as any shareholder, whether direct or indirect executive or director of any of the above and any spouse or other person who has any family connection up to the third degree with any of the above and, more generally, any person who is a person with whom the Company has a relationship is not allowed to register or operating as Host/Model.
- You agree and affirm that you're the performer registered in this account. You are an adult in good standing who performs the services of your own discretion.
- If you had already had an account, you warrant that your former account was not cancelled or suspended by Wercams in violations the terms of this Agreement as well as any other Host-Guest Agreement or Model-Member Agreement.
- Host is not responsible for any misrepresentation made by Host. Host is responsible for defending and holding Host, the Company as well as its owners, operators, and providers of the Site and their directors, officers and employees (collectively the 'Indemnified Parties') harmless, from any and all costs or losses, including reasonable attorney fees which the Indemnified Party incurs for any reason that may arise, not including in the event of a civil lawsuit that is brought pursuant to the section 1595 in title 18 United States Code; any accusation in a criminal case initiated pursuant to State law, where the conduct in question is an offense under Section 1591, title 18 United States Code; violation of FOSTA ('Allow States and Victims to Fight Online Sex Trafficking Act of 2017') or SESTA ('Stop Enabling Sexual Trafficking Act of 2017.') and/or violation of laws in the use of HGCS or the MMCS (or in the information or content that is transmitted through the HGCS or MMCS, or in the transmitting Forbidden Content) or any other claim of any kind that outcome from Host activities, whether directly or indirectly directly or indirectly from Host actions.
- It is important to select your username with care and you should not select or make use of a screen name that belongs to an individual or one that violates the intellectual property rights of a third party, rights or screen username that's offensive or insensitive. We can remove or require that you change your name that violates this policy.
- Your password must have a unique (meaning that it's different from the passwords you use on different websites) and should be in line with the technical requirements of the site for the design of passwords.
- Your account is solely for your private use only. you will not transfer, sell or rent your account to anyone else.
- We make no assertion regarding whether the Site as well as its material are appropriate or accessible within your area of jurisdiction. Your use and access to the Services is entirely at your own initiative, and you are accountable for compliance with applicable laws and regulations.
- This section is not intended to be taken to restrict any other rights or remedy available to Company against Host alike to this Agreement or like to any law or regulation in the event that Host is in violation of this Agreement.
8. AGE VERIFICATION
- Wercams confirms the authenticity and age of every Host. The process involves the examination and validation of the Host's (or when an entity is involved or its owner's) government-issued photo identification card, and the steps taken that assure that Host's official photo identification card is in the possession of and belongs to Host. This procedure requires that Host send Wercams the live image of:
- Host's (or in the case of an entity, the owner's) appearance;
- Host's valid and exact government-issued ID card (front and back, if appropriate) and
- Host with Host's official picture identification card. This procedure is designed to warrant that the applicants are in attendance at all times, live, and are willing to participate in the process of application.
- Wercams makes use of a variety of software to verify the government issued picture identification cards and third-party vendors who specialize in validating government identifications.
- Host accepts Wercams to validate the validity of the Host's photo identification card using a non-party verification service.
- Wercams's age verification procedure is necessary to meet the requirements for age verification in US federal laws as laid out within 18 U.S.C. SSSS 2257-2257A and 28 C.F.R. Part 75 (collectively, " 2257 Regulations") and credit card association rules. Wercams provides live monitoring of Host's performance, which includes the Host verification process at the start of every livestream, and at intervals throughout the livestream to confirm that the people present on the livestream are individuals who have been approved on Host's accounts.
- If we discover that you are an adult with Wercams to serve as host and we discover that, we will close your account without notification.
By signing the Agreement, Host hereby consents to Wercams performing the real-time monitoring as well as verification procedures.
9. OBLIGATIONS OF HOST/MODEL
- Under no circumstances shall you attempt to or make use of the Services as well as The Ancillary Services as well as any HGCS or MMCS to promote or arrange any physical or in-person interaction with any guest or member, or any other third-party.
- You are an adult who has consented to and are receiving the Services at your own discretion and that you have not been influenced by any means of threat of force, coercion, fraud, force or other methods has been employed in order to force you to engage in any service that is that is subject to the terms of this Agreement and any contract or.
- The Host/Model is subject to the conditions of the Host-Guest Agreement or Model-Member Agreement. Host/Model must not be in the violation of any Host's Agreement or Model-Member Agreement or cause or permit anyone else (including any guest) to breach such Host-Guest Agreement or Model-Member Agreement. Alongside the terms and conditions of this Agreement as well as any other Host-Guest Agreement or Model-Member Agreement The Site contains more conditions and terms which are available on specific pages of the Site and be applicable to Hosts/Models. The extra rules and regulations could limit or affect your rights when it comes to the Site or and the Services as well as those of the Ancillary Services. If any provision in this Agreement or Host-Guest Agreement or Model-Member Agreement or any extra terms and conditions are deemed to be invalid or invalid or inapplicable to any extent, that clause will be considered to be eliminated and removed in order to make the other conditions along with these Terms and Conditions valid.
- You may not make use of or access any Services, ancillary Services or any other features, services, or facilities offered on or on this Site, for any reason whatsoever (including but not limited to promoting or on behalf of any other entity, person or company either on or off the internet) other than as specifically stated in this agreement.
- Host is not allowed to under any circumstance upload, post, or talk about, or post on the Website any content that is considered child sexual assault content (CSAM) or is in any way depicts, displays or references to anyone who is who is younger than 18 years of age.
- You must not communicate with any Member or Guest with the intention of providing the Guest/Member with any services that are not within the scope of this Site, in any way that could evade payment on the amount of Company Fees for Services. You will not encourage or solicit anyone to purchase any services or features that directly or directly be in direct competition with the Site or the Services or any of the Ancillary Services as well as Model/Host Services.
- You are not allowed to send or induce anyone else to mail any email in which you promote Host/Model Services ('Forbidden Emailing Activities'). These emails must be addressed to the Company and the Company is entitled to send such emails to any guest or member at its own discretion.
- Host will not advertise any other website that is not affiliated with Wercams which includes, but is not only, through chat, text messages, or through any other methods.
- When performing live or performing any other act in connection with this Agreement Host should not be intoxicated by alcohol, or any illicit controlled drug or substance.
- While performing Host should not allow any animal or other creature appear on cam during the performance, nor shall any gun or firearm of any kind be displayed on the camera during the performance.
- If Host is aware of any potential or actual violation of these regulations, Host shall report all the information direct via Wercams via info@wercams.com. If Wercams is aware of any suspicious activity or violations that violates these rules, Wercams will investigate the issue. Wercams might need more documents from the Host on any of these issues. Wercams frequently cooperates with law enforcement agencies of all kinds. Wercams can refer any infractions of these rules to the appropriate law enforcement agencies and report agencies.
- Host is required to adhere to the 2257 Regulations which include checking and keeping all required documents written in writing, including documents that can be used to verify that all persons who have access to any material or information accessible through the Services or Site were adults when they made production of the Content, as is required under the 2257 Regulations and serve Wercams with copies and/or copies of any the required documents in writing upon request.
- Host should not utilize the Site or Services to or assist in or aid in any prostitution-related act or sex-trafficking of children or sex-trafficking using the use of force or coercion, fraud, or force. That also includes together either the Website or Services to:
- Exchange any personal information with any Guest, or engage in any kind of face-toface meeting with one or more guests and
- Talk with guests about any kind of transaction that requires using any additional method of communicating with the Guest, such as together any other internet-based product or service.
- Host should not compel anyone to participate on the Site or perform any other actions that involve helping in, facilitating, or supporting the trafficking of children in sex or sex trafficking through either fraud or force or coercion. If Host becomes a victim of any form of sexual trafficking, immediately contact the local police and prepare the authorities with all relevant details. Also, please inform Wercams via a private investigation as well as deliver Wercams details about the relevant information.
- In the event that Wercams receives information from Host that suggests that the host is attempting to engage in, take part in, aid, encourage or assist in any kind of sexual trafficking (including but not limited to any form of prostitution or sex-trafficking of children or sex trafficking through the use of force or coercion, fraud,) or in violation of any rules that are set out in this Agreement If Host violates this Agreement, Wercams will, if necessary:
- The Report Host should report to the relevant law enforcement agency;
- Terminate or suspend Host's accounts;
- Block the Host from establishing an account with another service provider; and
- Stop any payment due to Host.
- Host shall not be in violation of any rule of the credit card association or other law or regulation applicable to it.
- Infringe the privacy or publicity of any person.
- As hosting provider, you acknowledge that we have material moderated and material removal procedures are described in these conditions. Be aware that when we review notices about Hosts, we will give priority to notices sent by Trusted Flaggers ("Trusted Flaggers" as defined in the EU Digital Service Act, are people who have been who have been granted this status by the Digital Service Coordinator from the pertinent EU Members).
10. RELATIONSHIP BETWEEN HOST/MODEL AND COMPANY
- The Company acts as the agent for and provides of Services and ancillary Services to the Model/Host. Each party is not an employee of or joint venturer with the other, and they are not able to present themselves as any such. The Host/Model is able to provide its Host/Model Service exclusively to Members and/or guests. The Host/Model is only provided with the Services and any other Services (which are offered for free) by the Company. The Host/Model does not serve as an representative or agent of the Company and should not identify himself/herself in any way as such.
- The Company could send you emails periodically or update your Host/Model pages as well as with regard towards the Services or the Ancillary Services as well as any additional features, services or facilities offered on or through the Site as well as this Agreement and Host-Guest Agreement or Model-Member Agreement and any other terms or conditions appearing within the Site. You must read all emails and frequently go to your Host/Model webpage to warrant that it is updated on the above issues as well as the Company is entitled to assume that based on your regular usage of Services as well as those Ancillary Services the fact that you have been aware of and agree to any such updates.
- The Company has the right to keep track of and monitor the Host/Model Services, at its discretion, and in order to analyse and devise methods to improve services and ancillary Services and Ancillary Services.
- The Company reserves the possibility, adequate to its sole discretion, to revoke Host/Model privileges in cases of absence of activity with respect to the Services.
- The Company reserves the right, like to its sole discretion, to prevent any material from being uploaded on the Site.
- The Company cannot or shall not be deemed to instruct or influence you generally, or in your compliance with the terms of this Agreement specifically, for example the provision with respect to Host/Model Services or your acts or actions or. You have the sole discretion to decide when, where and how long you'll use the Services. You are able to exercise the option to endeavor to either accept or reject or not accept a guest's request for Host/Model Service. You acknowledge and agree that you are in the full freedom of whether to offer additional services or perform other business-related actions, however you choose to do it (e.g. being an employer, contractor or in any other capacity). To be clear it is understood that you have the full rights to:
- Utilize other software application services in conjunction with the Services and
- Involve yourself in any commercial activity.
11. LICENSE
- In order to permit to the Company in its capacity to help in providing services and other Services and to support the interest that of members of the Community of Host/Models in its capacity as an agent for them You hereby grant to the Company a worldwide royalty-free irrevocable, perpetual exclusive, worldwide right to use, including selling or supplying to third-party sites videos and still images (including but not including digital images, audio, recordings, videos) from you as well as your offering with Host/Model Services.
- Wercams gives Host an unexclusive, non-transferable and non-sublicensable (except where otherwise stated within this Agreement) irrevocable permission to access and use the Site and Services, the Materials and related software and web interface for use for web cam performance on the computer systems of Wercams (collectively, "Systems"). Wercams is the owner of the web interface and Host is not permitted to nor copy, distribute duplicate reverse engineer, distribute, or use improperly Wercams's web interface, or any other aspect of the Wercams Systems. Host may utilize Wercams's Systems to earn revenue from live events hosted by Host. Host can establish and negotiate prices with Viewers, at Host's discretion subject to the basis that Host adheres to the minimum price set by Wercams.
- Host/Model hereinafter irrevocably waives all moral rights or similar rights, which include the but not limited publicity rights and rights to identify as the author, either by name or pseudonyms for advertising materials utilized by the Company or any other third party to be used for commercial purposes.
- The license grants without limitation the rights to reproduce the materials, modify the original work, modify the materials, translate, display, publish the work, make derivative works of commercially exploit and distribute the materials, or incorporate them in any medium, form or technology, including but not limitations for purposes of advertisement and to provide other parties with promotional materials and also to create tokens that are non-fungible (NFT) that can be associated with or portrayed by, or that refer to the materials, or any other copy of them.
- It is stated that the cancellation of this Agreement or any Host-Guest Agreement or Model-Member Agreement that is made by any party to or thereto, will not impact in any way on the license that was granted, and will continue to be held in the hands of the Company in full. Any material made by Host/Model Services Host/Model Services may not be utilized or transferred by anyone (including anyone who is a Host/Model) to any other purpose without the prior written permission by the Company.
12. REMITTANCE OF HOST/MODEL SERVICE PAYMENTS
1. HGCS and/or MMCS terms and rates for billing are outlined in Host's Guest Agreement or Model-Member Agreement that may be updated from time moment on the Website In the event of a change, any Host/Model is eligible to receive Host/Model service payments compatible to the current charges. Pricing for Guests/Members' tutorials, Q&A or other resources are not set and are decided through the Company in its capacity as your agent as well as an agent for the Community of Host/Models, as stated on the Site.
2. The Company typically sends Host/Model Service payments (less any deductions) to hosts/models twice per month on the 16th day of each month (for the first two weeks of the month) and on the 1st day of the month following (for the final two weeks of preceding month). These remittances are made only if a Host/Model has accrued Host/Model Services Payments (less any deductions) in the amount of 50 dollar (USD $50) for each remittance time.
3. The Model/Host should select a third-party payment service to pay with.
These Service Payments (less any deductions) are paid from the Company to a third-party payment service selected by the Host/Model and then from that provider to Host/Model typically between three and five (3-5) working days following the successful completion of the transfer. Once the Company has transferred payment to the third-party service that was selected by the Host/Model The Company will be considered to have fulfilled all its obligations and responsibilities to pay the Host/Model.
4. The company provides a variety of forms of money transfer.
5. It is clear that Host/Model payments are inclusive of all indirect taxes which may be imposed (including value added tax and taxes on goods and services) according to the law applicable to. Hosts/Models are the sole responsible party and accountable for any taxes that are incurred because of the provision of Host/Model Service by the Host or Model.
13. LIVE SEX CHAT CATEGORY - SPECIAL PROVISIONS
6. You acknowledge that sexually explicit material or information is only permitted in HGCS and/or an MMCS or through via Host/Model Platform material offered to members and guests who enter via"Live Sex" chat "Live Sex Chat" zone.
7. All Host/Models have to deliver their Company with a copy of their identification documents like passports driver's license, passport, or other ID that proves that the model/host has reached legally mature age, as well as an more list of name (aliases as well as stage names) that the host/model uses. Hosts/Models who reside in the US are required to impart US documentation.
8. Legal copies of these materials should be made available by Host/Model by the Company in the manner that Host/Model is directed by the Company before the company's approval of Host/Model and at any point in time.
9. The identification documents are kept in connection to 18 U.S.C. SS 2257. IF SO REQUIRED UNDER 18 U.S.C. SS 2257 OR OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY OR ITS REPRESENTATIVE. BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE THAT FOR PURPOSES OF 18 U.S.C. SS 2257 YOU ARE THE "PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL. For more details on 2257 and the site we invite you to read our statement on 2257, that is also accessible through our homepage.
10. While not in violation of the Host/Model's prohibition of having the image of another person broadcast through chat or the Host/Model Chat System or Host/Model Platforms. Host/Model shall never transmit through any of the Chat System or Host/Model Platforms, any sexually explicit image that includes any other individual (other than a Host or Model who is registered on the "Live Sex Chat" zone on the Site). Host/Model will not transmit through either the Chat System or Host/Model Platforms sexually explicit images of the Host or Model made prior to the Host/Model achieving the age of legal majority.
11. You should not try to present yourself as a person who is younger than the age of 18 (18). You should not present yourself as"a "teenager", unless you specifically state that you are 18 (18) and over. The use of the term "teen" in any form that refers to children under the age of eighteen (18) are strictly prohibited.
12. It is completely prohibited to send Forbidden Content (as defined above) via any Host or Model Service.
14. LIVE SEX CHAT: COMPANY FEE
Excluding its Special Deals websites, the Company will be able to make this Company Fee to hosts/models to facilitate the providing the Host/Model with Services in accordance with the reason why such Host/Model is providing Host/Model Service in the "Live Sex Chat" zone:
13. Company Fee Per Minute:
1. The cost for the Company Fee can be as high as seventy three percent (73 percent) from what guests/members pay per minute in your HGCS and/or MCS and 70 percent (70 percent) of the cost that Members/Guests pay for watching your videos and other material according to the information on the Website in the "Live Sex Chat" zone.
2. If you are a Hall Of Fame' model or hostor an Wercams Diamond Host/Model, and Celebrity Porn Star Host/Model, as per the definition on the Website the Company Fee is sixty-five percent (65 percent) of what a guest or member is charged for each minute of your HGCS in the "Live Sex Chat" zone.
3. If you add new members or guests to the site The Company Fee will be thirty per cent (30 percent) of the time that such guest/member is spending while chatting with you via an HGCS or MMCS or MMCS, within the "Live Sex Chat" zone.
4. If guests or members use credits granted to them as a reward the Company Charge will amount to eighty-eight% (88 percent) of the amount that such guests or Members pay with bonus credits for each minute of your HGCS or MMCS as well as eighty-eight percent (88 percent) of the amount that members and guests are charged for watching your videos or other content according to the information on the Website within the "Live Sex Chat" zone. This applies to all models and hosts such as 'Hall of Fame' Models/Hostsand "Wercams Diamond Hosts/Models as well as Celebrity Porn Star Host/Models.
14. 30 (30) minutes or sixty (60) minutes of Sessions This section is applicable to all models and hosts, including Celebrity Porn Star Host/Models who are charged 5.80 Wercams Credits or less per minute. Where you offer your guests and members a 30-minute or sixty-minute session, the Company Fee will be as follows: (30) hours or 60 (60) minutes of time The Company Fee shall be as per the above.
15. 15 (15) minutes, and 30 (30) minutes of sessions The following section applies for Celebrity Porn Star Host/Models who cost 5.90 and more Wercams credits for each Minute. Where you offer any guest or member 15 (15) minutes session or 30 (30) minute session, you must:
1. If you offer additional an entire session, the Company Fee will be in the following manner:
1. 15 (15) minutes session 15 (15) minutes divided by HGCS charges that are not applicable or MMCS charge-per-minute multiplied by 20 percent (20 20 percent).
2. 30 minutes Session - Thirty (30) minutes session 30 (30) minutes divided by the HGCS charge-per-minute and/or MMCS charge per minute increased by 30 percent (30 percent).
2. If guests or members use credits given to them as a reward the Company fee will equal a whopping eighty-eight percent (88 percent) of the amount that Members and guests pay with bonus credits for every minute you spend in your HGCS and/or MCS. This applies to all models and hosts including 'Hall of Fame' models and Hosts, 'Wercams Diamond Hosts/Models as well as Celebrity Porn Star Host/Models.
3. 15 (15) minutes of planned sessions - the amount of minutes in the HGCS or MMCS in fact multiplied by the applicable charge-per minute for the HGCS or MMCS multiplied by 20 percent (20 20 percent).
4. thirty (30) minutes scheduled sessions - the amount of minutes for the HGCS or MMCS multiplied by any applicable charge-per-minute for HGCS or MMCS increased by 30%. (30 percent).
16. Discount Club: Where a guest or member is a part of an "Discount Club", pursuant to which the Guest/Member is able to redeem the sum in Wercams Credit (redemption of Wercams Credit might not be necessary in some instances for promotional reasons) at the start of the relevant time period and is able to get discounts from a certain Host/Model or Host during the time frame (all as per the website) The Company Fee is 100 percent (100 100 percent) of the quantity of Wercams Credit which is redeemable at the beginning of any period, in addition to the applicable Company Fee according to this section in relation to the discount rate charged by the Host or Model.
17. The Company is entitled to apply the following Company Fee to hosts/models that participate on our Special Deals websites in exchange for the provision of Services to that Host/Model in accordance with the reason why such Host/Model is providing Host/Model Services within the "Live Sex Chat Zone".
18. Companies Fee Per Minute The Company Fee per Minute is 70% (70 70 %) (including the 'Hall of Fame' models and Hosts, as well as Wercams Diamond Hosts/Models) of the amount your Guests and/or Members pay each minute of an HGCS or MMCS in addition to seventy-percent (70 percent) of what members or guests pay for watching videos and/or other content of yours, as stated on the relevant Special Deals website, under the "Live Sex Chat" zone.
19. Host/Model Fee: Host/Model fee is calculated on the basis of the US dollar currency (irrespective of the currency in which the Member or Guest used to pay for services).
15. HOST EARNINGS WITH HOLDINGS
- Wercams might hold Host profits due to Host however, they aren't yet paid for so long as it is required to examine the actual threat, the suspected, or actual violation committed caused by Host or the suspect illegal or fraudulent activity ("Host earnings"):
- In the event that Wercams is of the opinion that Host may or has been in violation of any provision of this Agreement or the Terms of Service for the Site and Host/Guest Agreement and rules of the credit card association and any applicable law or regulation;
- If Host is attempting or threatening to violate any portion or provision of the Agreement or the Terms of Use for the Site Agreement or Host or Guest Agreement in a manner in which Wercams believes could result in severe consequences for it or a Guest (including potential or actual losses incurred by Wercams or other guests);
- If Wercams believes that any portion of Host's earnings stem from fraud or illegal or fraudulent activity, whether by the Host or Guest who paid for Host Earnings or
- If Wercams receives notification it has been informed that Host has secured or pledged, encumbered or assigned or permitted an obligation to place a lien on Host Earnings. Wercams is not obliged to make payments for Host's Earnings non-party lienholders, and may delay the payment of Host Earnings until the lien is lifted.
- Wercams is not under any obligation or liability to Host when it refuses to pay or forfeits Host earnings where Wercams is entitled to do so in accordance with this Agreement.
- If Wercams is taking back Host Earnings because of Host If Wercams decides that a portion of Host Earnings are not tied to Host's breach, or suspected fraud or illegal activities, Wercams may arrange for Host to pay the portion that is Host earning that Wercams finds to not be related to Host's breach or suspected illicit or fraudulent or fraudulent activity. But, Host acknowledges that if Wercams finds that Host's actions may result in Wercams loss, Wercams may withhold all Host Earnings due, but not yet paid, and Wercams could set the amounts against any loss Wercams is able to incur.
16. THIRD PARTY PRODUCTS
The Host/Model is aware that the products that may be offered for sale or purchase on the Website are not produced by the Company however they are made by other companies. The Host/Model accepts the use of such products in accordance with the manufacturer's guidelines to use the product. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND THE COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any use of any third party services offered on the Site is at the risk of the model/host and discretion. Host/Model accepts to warrant the familiarity and acceptance of the terms and conditions provided by the third party service provideror manufacturer(s).
17. DISCLAIMER OF WARRANTIES
THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION OR THE ABILITY OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS APPLICATION OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS APPLICATION AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
18. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR AFFILIATES OR SUPPLIERS OR OUR/OUR AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME, THIS AGREEMENT OR ANY HOST-GUEST AGREEMENT AND/OR MODEL-MEMBER AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES, THE ANCILLARY SERVICES AND THE SITE AND PROVIDING ANY HOST/MODEL SERVICES, AND TO CEASE USING THE APPLICATION.
19. THIRD PARTY LINKS AND PRODUCTS
VIA OR IN CONNECTION WITH THE SERVICES, THE ANCILLARY SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
20. INDEMNIFICATION
You will indemnify and hold the Company and its owners, operators and providers of the Site and their directors, officers and employees (collectively "Indemnified Party") harmless from any and all costs or losses, which may include reasonable attorney's fees that the Indemnified Parties incur for any claim of any kind which result in any way directly or indirectly due to your actions related to the Site including, without limitation, through Chat System. Chat System. These claims include the following: claims for any violation of the law that occurs in the use of HGCS or the MMCS (or in the information or content sent through the HGCS or MMCS, and/or the communication of Forbidden Content) through either you or any other participant in the HGCS and/or MMCS and claims for infringements of intellectual rights of any third-party or claims that you were or are employees of one or more among these Indemnified Parties.
21. TERMINATION
Both the Host/Model as well as the Company can end this Agreement at any time, subject to the performance of all remaining liabilities and/or commitments to each of the parties. If there is a termination the Host/Model must immediately stop together the Services and Ancillary Services, and stop offering the Host/Model Services.
22. BREACH
- If the Company suspects that any Host/Model has breached any provision of this Agreement, including any of the following sections: sections 6 (Information/Content); 7 (Approvals and Requirements of the Company); 9 (Obligation of Host Model); 13 (Live Sex Chat) or has breached any provision of any Host-Guest Agreement and/or Model-Member Agreement, the Company shall be entitled to delay remittance of any Host/Model Service Payments to the Host/Model and block access of the Host/Model to the Services and the Ancillary Services during an investigation period.
- If the Company determines in its own judgment to determine that the Host/Model is in actual violation of the above the Host/Model must stop together these Services along with any Ancillary Services immediately and the Company will block permanently access to Host/Model Host/Model for accessing the Services along with any Ancillary Services. Additionally, the Company is entitled to impose a fine on the Host/Model up to the amount of:
- $5,000 in the event of a breach of Section 6/7/9, or
- $100 in the event of a breach or a violation of Section 13; or
- Host/Model Service that is not paid in full. Invoices due to this Host/Model in the event of a breach of any violation mentioned in Section 22(a) above (including in the form of a substitute penalty in addition to those listed in paragraphs (i) (i) and (ii) of the above subsections, in its discretion).
23. CONFIDENTIALITY
Host/Model will be obligated to keep confidential all information and information pertaining to the technological systems of the company as well as marketing, commercial and business techniques and trade secrets. This clause shall stand despite the termination of this Agreement by either party.
24. SEVERABILITY
If an appropriate court or the applicable law decides that any particular provision or clause of this Agreement cannot be enforced however, the remaining provisions of this Agreement remain in full effect and force. In such a case the parties shall substitute the non-binding or invalid clause with one that is legally binding and valid and are, to the maximum extent feasible, the same impact to the non-binding or invalid clause in light of the content and intent that are contained in the Agreement.
25. WAIVER
Any employee, agent or representative, which includes without exclusion any customer service representative of the Company will be allowed to waive any provision in this Agreement. You agree that any claims you might be able to bring against the Company which includes the Company's former or current employees or agents, will be filed individually, and you are not able to join the claim with the claims from any other person or entity, or be a part of or participate in any class action to the Company.
26. HEADINGS
The headings of the sections within this Agreement are provided to bring convenience and should not be used for interpretation purposes. the Agreement.
27. GOVERNING LAW
This Agreement will be governed and interpreted according to those laws in the Principality of Costa Rica without applying the principles that govern conflicts of laws. It will be subject to the sole authority of the courts within the Principality of Costa Rica.