[Webcam Site] (the "Site") is a provider of online, interactive video, audio, and live content. Please carefully read through these Terms and Conditions (the "Terms") prior to registering for a membership or becoming a subscriber to [Webcam Site]. The Terms constitute a binding legal agreement (the "Agreement") between [Webcam Site] and persons who decide to become subscribers to the Site (the "Members" or "You").
[Webcam Site] offers certain services free of charge to guests. These include access to our online picture galleries, free live guest chat, and unlimited access to performer profiles. Certain other, private services require a subscription to [Webcam Site]. These services include access to the uncensored live video chat. Performers who operate on this site are independent operators, operating out of their home or an independent webcam studio. These performers have the option of charging private rates for access to their nude, uncensored video chat rooms ("private chat"). The fee charged in these rooms is prominently disclosed prior to entering the fee-based chat room. However, free live video chat is available to all Members as long as the performer is not involved in private chat. Member Obligations You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or the legal age of consent in your community) and have the legal capacity to enter into agreements of this nature. [Webcam Site] makes no representation or warranty that the content published on [Webcam Site] complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on [Webcam Site], namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service. Further, You agree to provide accurate registration information to [Webcam Site]. In the event that it is discovered that the registration information you provided is false your account will be immediately cancelled and you could be subject to civil and/or criminal penalties. One Member may not register for more than one account without the express authorization of [Webcam Site]. You may not use [Webcam Site] for any commercial purposes. You may not solicit any other Members or performers for any services. This includes soliciting memberships to other internet sites or similar services. Doing so subjects you to immediate civil and criminal liability. WE WILL SUE THOSE ENGAGING IN COMMERCIAL SOLICITATIONS ON OUR SITE. If [Webcam Site] is unable to collect payment for legitimate charges you have incurred using the Site from your credit card or banking institution you agree to pay any and all amounts upon demand. You agree to take responsibility for any charges incurred on your account and further agree that you are the only authorized user of your account. If [Webcam Site] does not receive payment from you within thirty (30) days of invoice date you agree to pay interest on the amount due in an amount not to exceed 2% per month (or the highest amount allowed by law, whichever is lower). Member shall be liable for all attorney and collection fees arising from [Webcam Site]'s efforts to collect any unpaid balance on your account(s). Member agrees to notify [Webcam Site] immediately upon change in the status of their credit card details or account details, including but not limited to, card expiration, unauthorized usage of the card, apparent breach of security or apparent compromise of Member's account details or password(s). Member shall remain liable for any charges incurred in any of these cases unless [Webcam Site] is given reasonable and proper notice. You acknowledge that we have no responsibility for supplying Members with computer equipment or communications connections necessary to access the Site. Members are solely responsible for these items.
[Webcam Site] is a fee based service. We charge monthly subscription rates for access to certain private areas and additional surcharges on a 'pay for play' basis. These surcharges are clearly disclosed prior to purchasing. CUSTOMER SHOULD PAY ATTENTION TO THE PRICE THAT APPEARS ON OUR JOIN FORM. DO NOT RELY ON THE REPRESENTATIONS OF OTHER WEBSITES, WEBCAMS MODELS, OR ANYONE OR ANYTHING ELSE OTHER THAN OUR ACTUAL PAYMENT PAGE! The basic membership fees are as follows:
Additional surcharges and fees are dictated by the independent performers of the site. These services are redeemed in the form of site credit which can be purchased on the site using your credit card or checking account information. Private service charges will be deducted from your site credit account.
During certain promotional periods, we offer 'Free Lifetime Memberships'. This membership provides unlimited access to non-private areas of the site. However, users who choose the 'Free Lifetime Membership' option will be billed per minute for any time that they spend in private chat rooms.
Another promotional offer is a $1.00 membership. This membership is billed a nominal $1.00 every 7 days for access to the site, model profiles and non-premium media.
Authorizing cards: Actual per minute usage will be billed directly to their credit card. Prior to entering a private chat room, a temporary authorization for up to USD $100 will be placed on the user's credit card. This authorization will settle for the actual amount spent in the private chat rooms. For example, if the user spends $27.56 in the private chat, the $100 authorization will fall off and they will be billed $27.56. If you see $100 on your online bank or credit card statement, unless you actually bought $100 worth of site credit, this is NOT a charge! Just an authorization!
[Webcam Site] has various pricing options and reserves the right to change them without notice. However, the price you paid for membership will never increase as long as your membership remains active. Refund Policy
We do not issue refunds unless there are extenuating circumstances for which we feel a refund is merited. These may be things like great dissatisfaction with a model’s performance in private chat or the site not working properly for some reason. In cases like these we will issue refunds in the form of site credit or cash on a case by case basis. Things such as other complaints the model has received or other customer comments will be taken into consideration. If any dissatisfaction arises as a result of a user's experience with an independent performer who uses the [Webcam Site] software to host video chat rooms a refund will be issued in the form of site credit that can be used with other performers. It is necessary to contact our customer service department by phone for performer related complaints. Billing Providers
[Webcam Site] uses multiple billing service providers to process credit card and check transactions. To complete your purchase you will be transferred to the secured server ("Service Provider"), an independent company providing credit card and check processing services and other billing services for Web Site operators, such as the owner and operator of this Web Site.
Neither Service Provider nor any person or company related to Service Provider holds any ownership interest in this Web Site, nor receives any financial benefit from this Web Site, other than a fee paid by the owner of this Web Site to Service Provider for the services performed by Service Provider.
Service Provider HAS NO CONTROL OVER THE WEB SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Web Site, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Web Site. Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. SERVICE PROVIDER EXPRESSLY DISCLAIMS AND WARRANTIES OF CLIENT'S ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON. Any disputes arising in connection with this Web Site, or the products and/or services being offered or purchased, are between you and the owner of this Web Site. In certain circumstances, Service Provider may provide billing customer service for the Web Site, in which case Service Provider may be handling such disputes for the owner on a contract basis, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Web Site; however, you should feel free to contact Service Provider in the event that you feel that the Web Site operator acted fraudulently, or you were misled in any way. Service Provider urges you to carefully read the Terms and Conditions on the Web Site, and to ask the Web Site operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Web Site.
By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon. Indemnification and Warranty
Under no circumstances, including, but not limited to, negligence, shall Webcams or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that [Webcam Site] is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to [Webcam Site] for the three (3) months.
[Webcam Site] MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. [Webcam Site], NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, [Webcam Site] MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Member agrees to indemnify and hold harmless [Webcam Site], their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or [Webcam Site] relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of Cyprus. Should any such claim for indemnification arise, or should any action be brought by subscriber or [Webcam Site] relating to any services or products offered by or through the Service Member agrees to submit to the personal jurisdiction of the courts of Cyprus.
This Agreement sets forth the full and complete understanding between Subscriber and [Webcam Site] with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by [Webcam Site] to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Cyprus for contracts entered into and wholly performed within that Country. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees. Disclaimer
USER UNDERSTANDS THAT [Webcam Site] CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USER IS RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. [Webcam Site] DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
"OPT-IN" -- Subscriber’s expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, some offers may be presented to the subscriber via email campaigns or other means of communications with the option to express the subscriber’s preference by either clicking or entering "accept" (alternatively "yes") or "decline" (alternatively "no"). By selecting or clicking the "accept" or "yes", the subscriber indicates that the subscriber "OPTS-IN" to that offer and thereby agrees and assents that the subscriber’s personal information, including its email address and data may be use for that matter or disclosed to third-parties. "OPT-OUT" -- Subscriber’s expressly and specifically acknowledges and agrees that his email address or other means of communicating with subscriber may be used to send him offers, information or any other commercially oriented emails or other means of communications. More specifically, other offers may be presented to the subscriber via email campaigns or other means of communications with a pre-selected preference or choice. If the subscriber does not deselect the preselected preference of choice (i.e. "OPT-OUT" of the offer) then the site may transfer the subscriber’s personal profile information to the third-party service or content provider making the offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.
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