1. General

These Terms of Use (“Terms”) constitute a binding legal agreement between  a company organized under the laws of the Principality of Andorra with its principal office at 27, Costa Rica ("Wercams", "us", "we", or "Company") and you, the user ("User(s)", "Guest(s)", "you", or "your"). These Terms govern your access and use of all features and services provided by Wercams, including our website at https://Wercams.com (“Site”; collectively, the "Services").

By visiting or using the Services, including registering an account, you affirm that you have read, understood, and agreed to be bound by these Terms as well as our Privacy Policy, Cookies Policy, and Host-Guest Agreement, all of which are incorporated herein by reference ("Agreements"). If you do not agree to these Agreements, you must not register an account or use or access the Services.

We may revise the Terms at any time without notice by updating the Terms on our Services. You should periodically review these Terms to stay informed of any changes. Continued use of the Services after such changes are posted constitutes your acceptance of the revised Terms. We may, at our sole discretion and at any time, discontinue providing the Services, or any part thereof, without notice.

Please read the following Terms carefully:

USE OF OUR SERVICES

The Company provides agency and facilitation services to hosts ("Hosts"), who in turn offer Host Services (as defined below) to Guests of the Site. Guests may purchase credit from the Company's Site to access Host Services ("Wercams Credit"). The price of Wercams Credit is displayed to the Guest upon purchase.

Hosts may use the Company's video/audio/text chat communications system, including a specific internet communications application (the 'Application'), to communicate with you. Each time you interact with a Host, you agree to the obligations and requirements set forth in the Host-Guest Agreement, which can be found here ('Host-Guest Agreement').

Hosts may invite you into a Host-Guest Chat Session ('HGCS') to communicate via audio/video (and text). Host Services are provided solely by the Host and are the sole responsibility of the Host. The Company is not the provider of these Host Services.

You can purchase Wercams Credit from the Company, and in addition, may receive Wercams Treat Credit, which can only be used to obtain Host Services. The grant of Wercams Treat Credit is at the sole discretion of the Company.

The Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Any relationships or transactions outside the Site are the sole responsibility of the parties involved.

The Company does not control the information and content transmitted by Hosts or Guests in any HGCS. If you wish to register as a Host, you must comply with the Wercams Host/Models – Agency and Facilitation Services Agreement and all associated requirements, including federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.

The Company makes the Site available as the agent of the Community of Hosts. While some parts of the Site are free, participation in HGCS and some features are not free and may be subject to a Host-Guest Agreement.

GUEST ACCOUNT

To access many of the Services' features, you must create an account. Registration is free and for a single user only. You must provide a valid email address, a username, and a password. We may request additional information to provide access to certain features.

You must choose a username that is not in use, does not violate third-party intellectual property rights, and is not offensive or inappropriate. Your password should be unique and comply with the Site’s technical requirements.

We do not guarantee that the Site or its content is accessible or appropriate in your jurisdiction. You are responsible for ensuring compliance with local laws regarding access and use of the Services.

You certify to the Company that you are:

1. At least 18 years old;
2. Of legal age to be bound by a contract in your jurisdiction if it is higher than 18 years;
3. Willing to provide all information or verification as required;
4. Permitted by local laws to join the Site and view its contents; and
5. Able and willing to make payment, where required.

If you do not meet these requirements, you must not access or use the Site.

You agree to: a. Provide true, complete, and up-to-date registration and billing information; b. Not have previously had an account suspended or terminated by us; c. Use the account for personal use only; d. Provide a valid email address for verification and service quality assurance; e. Be solely responsible for all activities conducted through your account; f. Inform the Company promptly of any security breaches; g. Not access the Site or receive Host Services if not permitted; h. Accept liability for any losses incurred due to unauthorized use of your account; i. Consent to receive electronic communications from us about your account.

You may cancel your account at any time via http://wercams.com/preferences.aspx. In the event of termination by the Company, you remain liable for all due payments and other liabilities arising under these Terms or any Host-Guest Agreement.

For questions or concerns regarding Hosts, contact the Company's Customer Service at info@wercams.com. If you encounter prohibited content or activity, report it to us immediately.

By using the Site, you acknowledge and agree to these Terms and conditions.

5. VIRTUAL ITEMS

The Site offers virtual items, including but not limited to Wercams Credits and Wercams Treat Credits ("Virtual Items"), which you can purchase with real money or acquire through promotions. These Virtual Items allow access to content provided by Hosts on the Site. All transactions and interactions between users are agreements between the Guest and the Host.

While we facilitate these transactions and interactions by providing the Site and acting as a payment intermediary, we are not a party to any agreements between you and a Host. We are not responsible for any transactions or interactions between you and Hosts. Hosts determine the pricing and content access terms for transactions and interactions.

By using the Site, you acknowledge the following:

a. All Virtual Items created through the Services are owned exclusively by us.

b. If we do not automatically own any Virtual Item, you hereby irrevocably assign to us all rights, titles, and interests in such Virtual Items, including all copyrights, patents, trade secrets, trademarks, moral rights, and other proprietary rights worldwide.

c. For any rights in Virtual Items that cannot be assigned to us, you irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant us an exclusive, perpetual, worldwide, royalty-free license to use, reproduce, create derivative works, distribute, publicly perform, and otherwise exploit such Virtual Items.

d. Virtual Items cannot be redeemed for real money, goods, or any item of monetary value from the Company or any other party. You have no ownership or title in Virtual Items beyond a limited, personal, non-transferable license to use them as part of the Services. Attempting to trade, sell, or exchange Virtual Items for real money or value outside the Services is prohibited and void.

e. Virtual Items can only be acquired through means we provide or authorize.

f. We do not recognize any purchases or transfers made outside the Services and are not liable for claims or damages related to Virtual Items obtained from third parties.

g. Payment for Wercams Credits is processed through our third-party payment processor using accepted payment methods. You must comply with terms governing your payment method. We are not responsible for fees charged by your payment provider.

h. By providing your payment details to our processor, you authorize them to process your payment. Prices are subject to change, and you are responsible for checking prices before purchasing. We do not offer refunds for price reductions or promotions.

i. You are responsible for taxes or fees associated with your purchases, including currency conversion fees. We do not control exchange rates or fees imposed by your payment provider.

j. Wercams Credits and Wercams Treat Credits expire 30 days from the date of purchase unless stated otherwise.

k. On account cancellation or termination, any unused Virtual Items will expire immediately.

l. You are responsible for all taxes or fees associated with your purchases. If unpaid taxes or fees are later found to be due, you will be responsible for them.

m. Tips to Hosts are voluntary and not required to use the Services. Tips must be given through the Site's gifting function and not exchanged for specific services. Promising tips for specific acts is prohibited and may result in account termination. Tips are non-refundable except in extraordinary situations at our discretion.

6. CHARGES, BILLING, AND PAYMENTS

The Company does not charge Guests for basic use of the Site, downloading, or using User Software. However, Hosts may charge for their services according to the terms of the applicable Host-Guest Agreement. Rates are generally described on the Site.

You can view your usage records and credit status on your transactions page. For billing inquiries, contact customer service at our help center.

You can purchase Wercams Credits or Virtual Items using various methods, including credit card, check, money wires, or prepaid payments through third parties. Credit card charges are processed via third-party processors like CCBill or Epoch and may appear as such on your statement. Your credit card issuer may charge additional fees not imposed by the Company.

Cryptocurrency payments are processed through a third-party provider like Betterbro.com, and these transactions may be subject to separate terms. We do not control these third-party providers and are not responsible for their privacy practices or services.

Cryptocurrency payments are not available in all jurisdictions, and you are responsible for compliance with applicable laws. Using cryptocurrency in prohibited ways or jurisdictions may result in account termination and legal action.

We may accumulate your charges at our discretion. Detailed records are available on your transactions page. You are responsible for connection charges to the Services.

Refunds are generally not provided unless in extraordinary circumstances. Refunds, if issued, will be in the form of Wercams Credit or Treat Credit. We carefully investigate all chargebacks and may suspend your account during the review. Fraudulent chargebacks may result in account termination.

For billing issues or questions, contact customer service

 

6. WERCAMS.COM CONTENT To enable the Community of Hosts to provide Host Services through the agency of the Company and to facilitate the provision of agency and facilitation services by the Company to the Hosts, you agree as follows:

a. You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Host Services. All such information and content is either owned by the Company or the various Hosts (as the case may be) and is subject to any agreement as to ownership thereof between the Company and the Hosts. Any content provided by you is hereby licensed by you to the Company and you shall have no claims, demands or suits in this respect.

b. It is clarified that the Company does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Host Services (including in any HGCS) or other features of the Site. However, the Company shall have the right to remove any material or content. In addition, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately, in the event that the Company deems that any material or content transmitted in an HGCS in which you participated or any material or content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms.

c. All materials on the Site, including pursuant to the provision of any Host Services, are proprietary to the Company and constitute valuable intellectual property, are copyrighted, and are protected under treaty provisions and worldwide copyright laws. These materials may not be reproduced, copied, edited, published, transmitted, or uploaded in any way without written permission from the Company. By submitting content and/or information to any "public area" on the Site, including but not limited to forums, message centers, and entering a Applications or HGCS you grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, and display the content and/or the information and/or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such content.

d. You hereby warrant and represent that any content submitted by you is not infringing on any third-party rights, including any intellectual property and publicity rights.

e. The names "Wercams" and "Wercams.com" are protected by trademark law, as are other brand names on the Site.

f. Please note that some features of the Site and Host Services may contain content that is inappropriate for minors, therefore access by minors is strictly prohibited.

g. Access to our Site is not recommended for persons who might be sensitive to adult entertainment content. Any eventual access to the Site by these persons will be their sole responsibility.

h. You acknowledge that the Company cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Host Services in advance. Therefore, the Company shall not be held liable for any material or content provided by Guests and/or Hosts on the Site or pursuant to the provision of the Host Services. However, the Company may, at its sole discretion, choose to monitor some or all of the material or content.

i. The Company hereby grants you a single, limited, personal, nontransferable, non-sublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Site for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content or material on the Site.

j. If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the content or materials in breach of this agreement, your right to use the Site will terminate immediately, and you must, at our option, return or destroy any copies of the material or content you have in your possession. No interest in the Site or any material or content on the Site is transferred to you, and Wercams reserves all rights not expressly granted. Any use of the Site not expressly permitted by these Terms can be deemed by the Company as a breach of these Terms and might violate copyright, trademark, and any other applicable laws.

k. It is hereby clarified that in any event that the Company decides that any conduct by a Guest restricts or inhibits any other Guest and/or Host, person, or entity from using or enjoying the Site or any Host Services, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately.

l. You are hereby committed to using the Site and any Host Services for lawful purposes only. Under no circumstances will you use the Site and/or any Host Services and/or your account to do the following:

• Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, torture, extreme sado-masochism or bondage presented in a sexual context, defecation alone or in conjunction with a sex act, urination alone or in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
• Harass, embarrass, disturb, or cause distress, unwanted attention, or discomfort upon another Guest and/or Host and/or any user of the Site or any other person or entity;
• Impersonate any person or entity, including but not limited to a minor or an official representative of the Company;
• Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Host Services, any materials advertising any business other than the Site;
• Seek to obtain any password, account, or private financial information from any Guest and/or Host;
• Promote unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deep fakes”);
• Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (a) being taken, captured, or otherwise memorialized; or (b) being posted and shared on the Site);
• Promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
• Promote or depict alcohol or drugs or drug paraphernalia;
• Exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
• Engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion;
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as we decide, may harm our users or us or expose them or us to liability;
• Use the Site in any way that could disable, overburden, damage, or impair the Site or the Services or interfere with any other person’s use of the Site, including their ability to engage in real-time activities through the Services;
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Site or any services provided through, or concerning, the Site. This includes an attempt to or using (or permitting, authorizing, or attempting to use): (a) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Site or any data, content, information, or services accessed through the Site; (b) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations; (c) viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Use any manual process to monitor, copy, record, download, or rebroadcast any of the materials or contents for unauthorized purposes without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Services;
• Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
• Violate any law or regulation.

7. PROMOTIONS AND CAMPAIGNS From time to time, the Site may offer certain promotions and campaigns to its Guests ("Campaign"). Campaign eligibility and duration are determined solely by the Company. Campaign offers are subject to the Guest’s purchase limitations and apply only to online purchases. Campaign offers refer to Wercams.com credits only.

Any Guest who commits fraud, violates the Site's Terms, or whose account is terminated shall be disqualified from participation in the Campaign and will not be entitled to receive any bonus credits and/or awards.

The Site may at its sole discretion require any Guest who participates in the Campaign to provide authenticating documentation. The Site is entitled to amend the Campaign rules at its sole discretion and/or cancel the Campaign at any time, without any prior notice, and you agree that you shall not be entitled to any compensation in such cases. Participation in any Campaign may limit eligibility for participation in future Campaigns.

Any special credit and/or campaign offer for new Guests will

EMAILS AND SPAM

As a responsible member of the cyber community, the Company enforces a strict policy prohibiting any third party from sending any form of promotional emails on behalf of the Company or the Site, whether solicited or unsolicited. We go beyond merely prohibiting spamming; no one else is allowed to send any emails on our behalf. Furthermore, the Company itself only sends emails to individuals who have registered on the Site.

We do permit Guests to send a limited number of emails to friends and family via the Site. Although this function is very restricted and not designed for commercial quantities, any abuse will not be tolerated. Misuse of this function will result in the Company terminating your access to the Site and Host Services, and closing your Guest account immediately.

For further information, including how to report violations, please see our Anti-Spam Policy.

9. BOOKMARKING

The Site is designed with warnings to inform users that they are entering areas with potential adult content, requiring users to be of legal age. Bookmarking a web page (URL) to bypass these warnings may result in bypassing the Terms and other agreements. By using such bookmarks to enter the Site, you agree to accept the Terms and any applicable agreements.

10. DISCLAIMER OF WARRANTIES

The Site and any Host Services under a Host-Guest Agreement are provided "as is," "with all faults," and "as available," without any warranties, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Availability, accuracy, reliability, completeness, security, timeliness, or usefulness of the Site and any Host Services.
• Interoperability or integration with third-party products.
• Accuracy or completeness of content or functionality.
• Merchantability or fitness for a particular purpose.
• Non-infringement of intellectual property rights.

We do not warrant that the Site or Host Services will be free of viruses or other harmful components, or that they will be uninterrupted or error-free. It is your responsibility to use antivirus software to protect your information and system.

11. LIMITATION OF LIABILITY

In no event will the Company, its affiliates, suppliers, or their officers, directors, employees, shareholders, agents, representatives, licensors, successors, or assigns be liable for any damages, including but not limited to indirect, direct, special, punitive, incidental, or consequential damages. This includes damages for loss of business profits, business interruption, loss or theft of programs or information, false disclosures, violation of user or host rights, prostitution, pedophilia, child pornography, illegal abuse, exploitation or trafficking of humans or children, and any other damages arising from the use or inability to use the Site or Host Services.

Your sole and exclusive remedy if you are dissatisfied with the Site or any Host Services is to stop using them and uninstall any user software. In any case, the Company's total liability to you will not exceed the amounts paid by you to us over the six months preceding your claim.

12. THIRD-PARTY LINKS AND PRODUCTS

We may provide links to third-party sites and offers for third-party products and services via the Site. We have no control over these sites or products and are not responsible for their content, products, services, privacy practices, or availability. It is your responsibility to read the terms and conditions of such third parties on their websites.

13. PATENTS

Streaming on the Site may be covered by various U.S. patents, including but not limited to U.S. Patent Nos. 6,766,376; 7,716,358; 8,122,141; 8,185,611; 8,327,011; 8,364,839; 8,595,372; 9,762,636; 9,742,824; 9,729,594; 10,567,453; 10,298,638; and 10,298,639.

14. COPYRIGHT INFRINGEMENT

If you believe any material or content on the Site infringes your copyright, please refer to our DMCA Policy for instructions on sending us a notice of copyright infringement.

15. GUEST DECLARATION

The Services and Communication Services may include visual images, verbal descriptions, audio sounds, and other features of a sexually oriented nature. These materials should not be accessed or viewed by anyone younger than 18 years old or who does not meet the legal age requirement in their jurisdiction, or who is offended by such materials.

By joining the Site, you affirm under penalty of perjury that:

• You are an adult who meets the legal age requirement in your jurisdiction.
• You have full legal and mental capacity to enter into these Terms and use the Services.
• You will not allow minors to access or view any materials on the Site.
• You reside in a country where accessing such content is not prohibited.
• You understand and accept that you will be exposed to sexually explicit content.
• You have not notified any governmental agency that you do not wish to receive sexually oriented material.
• You acknowledge that the Company cannot be held responsible for any damages or losses from contact between you and the Host.
• You waive any rights and claims against the Company for using your material or content in accordance with these Terms.

 

16. RESTRICTED LOCATIONS

Accessing, viewing, downloading, or otherwise receiving the Site and Host Services is prohibited in any country or location where doing so would or could violate any law, regulation, rule, ordinance, edict, or custom. Additionally, the Company reserves the right to restrict or deny access to the Site to Guests in any country or location at its sole discretion and will not be liable for any such restrictions, including any loss of Wercams Credits or Wercams Treat Credits.

17. INDEMNIFICATION

You agree to indemnify and hold the Company, its owners, operators, officers, directors, and employees harmless from any and all expenses and/or losses, including reasonable attorney fees, incurred in connection with any claims arising directly or indirectly from your activities related to the Company, including on the Site or via the Host Services. This includes claims for any legal violations in any HGCS.

18. NOTICES

The Company may provide notices to you through electronic messages on the Site, general postings on the Site, or via conventional email. You may send notices to the Company through electronic messages or conventional mail unless otherwise specified in these Terms.

19. CHANGES

The Company may periodically update these Terms. Additionally, the Company may change the Host-Guest Agreement, including billing and payment methods, as an agent of the Community of Hosts. You agree to regularly review the Terms, applicable Agreements, and relevant rules and regulations. If you do not wish to continue as a member due to changes, you may terminate your membership and account as outlined in these Terms. Continued use of the Site and Host Services after any changes indicates your acceptance of the updated Terms.

20. SEVERABILITY

If any term of these Terms is deemed unenforceable by a court of competent jurisdiction, the remaining terms will continue in full force and effect.

21. WAIVER

No employee, agent, or representative, including any customer service representative of the Company or any Host, has the authority to waive any term of these Terms & Conditions.

22. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company, superseding any prior agreements. You may be subject to additional rules and regulations when using specific features on the Site or receiving Host Services under a Host-Guest Agreement. The Company, on behalf of the Community of Hosts, will enforce all rules and regulations.

23. HEADERS

Section headers in these Terms are for convenience only and do not affect the interpretation of these Terms.

24. GOVERNING LAW

This Agreement is governed solely by the laws of the Principality of Costa Rica, without regard to conflict of laws principles. The authorized courts in the Principality of Andorra have exclusive jurisdiction over any disputes related to this Agreement, including its existence, validity, and termination. You agree not to bring any claim arising out of this agreement or your use of the Site more than one year after the cause of action arose. Claims brought after one year are barred.

25. YOUR COMMENTS AND CONCERNS

All notices of copyright infringement claims should be sent to the designated copyright agent as outlined in our DMCA Policy. Direct all other feedback, comments, technical support requests, and communications related to the Site to info@wercams.com.