WEBCAMMER AGREEMENT CHATUBECAMS
This Agreement sets forth the Terms & Conditions under which Social to Go V.O.F, a company incorporated under the laws of Netherlands having its registered office in Geleen will compensate Webcammer, for the delivered content.
WHEREAS, Social to Go V.O.F provides a service through which webcammers can show erotic live video streams of themselves to visitors (chats) (“Service”). The Service enables direct contact between the visitors and the Webcammer and an exchange of images, sound and text. The interaction between visitors and Webcammer is only among adults.
WHEREAS, Webcammer is willing to show pictures and live video streams of himself/herself through the Service. The video streams provided can contain erotic material.
NOW Social to Go V.O.F and Webcammer agree as follows:
Sisters’ and Mother’s Companies
Subsidiaries as well as corporations, partnership or other entity controlling, controlled by or under common control with Social to Go V.O.F, i.e. having the direct or indirect ownership of more than fifty per cent (50%) of the voting rights;
Websites owned, controlled or contractually affiliated to Social to Go V.O.F through which the Service can be accessed and used.
Text, images and/or sound delivered by Webcammer to Visitors through the Service.
Lapse of time taken into account to calculate the compensation due to Webcammer during which the latter delivers Content to Visitors.
Country where Webcammer performance originates from, countries where the Visitors access the Service from as well as Netherlands.
Lapse of time during which this Agreement will remain into force
User who enjoys legal majority in Relevant Jurisdictions and who accesses and use the Service to stream live performances of Webcammer
Male or female who enjoys legal majority in Relevant Jurisdictions and who agrees to access and use the Service to deliver Content to Visitors in a streaming format.
2. OBJECT OF THE AGREEMENT
2.1 Subject to the terms and conditions of this Agreement, Social to Go V.O.F hereby grants Webcammer a personal, worldwide, non-exclusive, nontransferable, nonsublicensable, limited license to access and use the Service during the Term.
2.2 Social to Go V.O.F can at any time refuse Webcammer to access and use the Service without having to give any reason.
3. WEBCAMMER RIGHTS AND DUTIES
a) Registration Process
3.1 Webcammer confirms to be a consenting adult who is at least 18 (eighteen) years of age or who enjoys legal majority age in the Relevant Jurisdictions where such majority is above 18 (eighteen) years of age.
3.2 Webcammer understands that, prior to using the Service, he/she will have to provide certain information to Social to Go V.O.F during the online registration procedure, including:
(i) A readable color copy of his/her identity card or passport;
(ii) An outpayment account number as indicated by the Webcammer such as, but not exclusively, a bank account;
(iii) Other information required during the registration procedure.
3.3 Webcammer will make sure that any registration information given to Social to Go V.O.F will always be accurate and up to date as long as this Agreement remains in force.
3.4 Webcammer understands that the access and use to the Service requires the combination of a login and password that are strictly confidential. Webcammer is responsible to take every precaution to keep them safe and to ensure that they remain strictly confidential. Webcammer assumes all risks arising from third party knowledge and/or use of his/her login/password and/or activities that occur on the Service under Webcammer’s account. Should the Webcammer have lost his/her login and/or password or have reasons to suspect that they have become known to an unauthorized third party, the Webcammer shall immediately notify Social to Go V.O.F.
3.5 Webcammer is solely responsible for the choice, purchase, installation, operation and maintenance of the equipment and software required to access and use the Service.
3.6 Webcammer understands that the equipment and software to be required and used will have to comply with the technical requirements provided by Social to Go V.O.F to access and use the Service.
c) Content delivery
3.7 Webcammer understands that it will be up to him/her to prepare, create and deliver personal Content to Visitors. Webcammer is responsible to be compliant with all applicable regulations of his/her country of residence.
3.8 Webcammer understands that the use of the Service to deliver Content to Visitors is always optional and never mandatory. Webcammer is completely free to deliver Content to Visitors, acting in an independent manner in this respect and deciding at his/her sole discretion on the time, duration and interpretation of this, bearing in mind that such must always comply with this Agreement, in particular with this Clause 3. Webcammer is always entitled to refuse to deliver Content to certain Visitors or to halt the Session, in any situation at any time.
3.9 Webcammer must be seen all the time during the Session and commits himself/herself to log out and end the Session if he/she is to leave the space from where the performance takes place.
3.10 Webcammer ensures that he/she will access and use the Service according to this Agreement and that the Content provided to Visitors will comply with any applicable law, regulation or generally accepted practices and guidelines.
3.11 Webcammer in particular is not allowed to:
(i) Deliver Content that amounts to hard pornography such as but not only pedophilia, zoophilia, urology or necrophilia;
(ii) Act as another person (e.g. as a representative of Social to Go V.O.F or a person responsible for the Service);
(iii) Instigate Visitors to carry out illegal activities;
(iv) Forward Content or data that could cause damage to Social to Go V.O.F, Visitors or other Webcammers;
(v) Require Visitors to provide personal data;
(vi) Provide Visitors with personal data or third party data;
(vii) Get in touch with Visitors through others means than the Service (such as but not exclusively telephone);
(viii) Give information provided by Social to Go V.O.F in the frame of the conclusion and performance of this Agreement to third parties, including Visitors and others Webcammers, in particular but not exclusively regarding the way Webcammer is compensated.
3.12 Webcammer agrees that Visitors may access and use the Service through different Affiliated sites.
3.13 Webcammer will not engage in any activity that interferes with or disrupts the Service (or the Service and networks which are connected to the Service).
3.14 Webcammer is responsible for the declaration of income that is generated from the delivery of the Content and for acting in compliance with the guidelines issued by the competent VAT, tax and social security authorities.
4. INTELLECTUAL PROPERTY
4.1 Webcammer hereby acknowledges and agrees that Social to Go V.O.F owns or is entitled to exercise all intellectual property rights necessary to engage in this Agreement and provide access to and use of the Service.
4.2 Unless otherwise agreed in writing with Social to Go V.O.F, nothing in this Agreement entitles Webcammer to use any intellectual property that Social to Go V.O.F owns or is entitled to exercise, including trademarks, logos or domain names.
4.3 Webcammer shall immediately notify Social to Go V.O.F of any intellectual property infringement he/she should become aware of.
4.4 Webcammer is not allowed to reproduce, broadcast, display, distribute, make available or modify in any other way intellectual property material belonging to third parties such as copyrighted material, trademarks or other proprietary information during its Sessions without having obtained prior written authorization from right holders.
4.5 Webcammer grants Social to Go V.O.F a perpetual, irrevocable, worldwide, transferable, sublicensable, unlimited and exclusive license on the Content provided through the Service to Visitors, including but not limited to copyrights and publicity rights such as screen name and image to in particular reproduce, adapt, modify, translate, publish, make available, publicly perform, display, broadcast, retransmit or distribute them in any way. Webcammer understands that it is therefore not entitled to use its screen name and/or Content provided through the Service outside of the scope of this Agreement.
4.6 The royalty related to the usage of Webcammer intellectual property as defined under Clause 4.5 is included in the remuneration foreseen under Clause 5.
5.1 Webcammer is entitled to get a remuneration per minute of Session per Visitor as set at the following address: http://www.chatubecams.com (Content Service Fee).
5.2 The amount to be paid by Visitors is directly charged by Social to Go V.O.F Sisters’ and / or Mother’s Companies, and / or Social to Go V.O.F Affiliated sites.
5.3 Social to Go V.O.F shall provide Webcammer an electronic overview of the Content Service Fee invoiced at the beginning of each month for the previous month.
5.4 Social to Go V.O.F will take care of the payment through wire transfer to Webcammer outpayment account mentioned in the registration process (Clause 3.2 (ii)). Social to Go V.O.F is entitled to charge the administration costs to be paid in relation to the wire transfers to the Webcammer, respectively Webcammer’s bank.
5.5 Absent any dispute related to the electronic overview submitted in accordance with Clause 5.3, payments will take place every week, on a fixed day of the week.
5.6 In the case that fraudulent payment transactions are carried out by Visitors, Webcammers will not get the renumeration.
6. PERSONAL DATA
6.1 Webcammer authorizes Social to Go V.O.F to collect and process its personal data in the context of the performance of this Agreement, i.e. in particular with regards to:
(i) Process the payments;
(ii) Manage and enable the operation of the Service;
(iii) Conduct promotion of the Service;
(iv) Defend itself.
6.2 Data that will be collected through the access and use of the Service are in particular: timestamp, IP address, connection logs, chat logs, screen logs, stream logs.
6.3 Webcammer authorizes Social to Go V.O.F to store the Content, in whole or in part, for use in advertising or for commercial purposes as well as to manage the Service.
6.4 Webcammer authorizes Social to Go V.O.F to share and transfer its personal data and Content with third parties for the purpose of ID checks, compliance with legal process and authorities such as tax authorities, social security, police investigations or court order, as well as to prevent fraud or imminent harm and to ensure the security of the Service.
6.5 Webcammer expressly grants permission to Social to Go V.O.F to transfer personal data and Content to a destination outside Netherlands and the European Union as required in order for Social to Go V.O.F to fulfill its obligations and / or rights as provided for under this Clause 6.
7. INDEMNITY & LIABILITY
7.1 Nothing in this Agreement shall exclude or limit Social to Go V.O.F liability for losses which may not be lawfully excluded or limited by applicable law.
7.2 Subject to overall provision under Clause 7.1, Social to Go V.O.F shall not be liable for any loss or damage that may be caused to Webcammer’s equipment or to any data that may be recorded thereon, including but not limited to that resulting from technical problems, breakdowns, tampering with network equipment by unauthorized parties, network overload, contention, interruption of Internet service or any other deficiencies of any kind whatsoever (see Clause 8.1).
7.3 Social to Go V.O.F shall not be held liable for any damage, loss, costs and/or expense caused by third parties or equipment’s used by Webcammer to access and use the Service (see Clauses 3.5) .
7.4 Webcammer shall be liable, indemnify and hold harmless Social to Go V.O.F, its directors, employees and stockholders against any and all damage, loss, expense and costs directly or indirectly incurred by Social to Go V.O.F in connection with any claims of any kind arising from the breach of any terms, representations and/or warranties made by Webcammer in this Agreement, including but not limited to:
(i) Any intellectual property disputes and/or others disputes that may result from Webcammer’s access and use of the Service, in particular but not exclusively with regards to Content provided to Visitors;
(ii) Information provided to Social to Go V.O.F during the registration process and performance of this Agreement;
(iii) Failure to keep login information or account details secure and confidential.
7.5 Webcammer understands and agrees that he/she is solely responsible for (and that Social to Go V.O.F has not responsibility to Webcammer or to any third party for) any Content created, transmitted or displayed by Webcammer while using the Service and for its consequences. Webcammer acknowledges that Social to Go V.O.F does not make any contribution and does not play any role nor exercise any influence upon the Content provided by Webcammer through the Service.
8. EXCLUSION OF WARRANTIES
8.1 Webcammer understands that the Service is provided “as is” and without any warranty of any kind from Chatubecams V.O.F or its licensors. It is Webcammer’s sole responsibility to obtain and maintain the required equipment to access the Service. Social to Go V.O.F is not responsible for either the network (provider) or the software required to use the Service.
8.2 Social to Go V.O.F in particular does not represent or warrant that:
(i) The use of the Service by Webcammer will meet Webcammer’s requirements;
(ii) The use of the Service will be uninterrupted, timely, secure or free from error;
(iii) Defects in the operation or functionality of the Service such as but not exclusively the quality of the connection between Visitors and Webcammer will be corrected.
9.1 The Agreement is entered into for an indefinite period of time.
9.2 Each Party may terminate this Agreement at any time, upon written notice to the other Party, without having to give any reason.
9.3 Absent a breach of this Agreement, the terminating Party shall not incur any liability solely resulting from such termination.
9.4 The License granted by Social to Go V.O.F to Webcammer (see Clause 2) shall be revoked at the time the termination becomes effective. Webcammer’s account shall be suspended and the Service deactivated.
9.5 Webcammer shall destroy and/or return the software and documentation provided for to access and use the Service at the time the termination becomes effective, as well as any copy thereof.
9.6 Absent a breach of this Agreement and upon satisfaction of Clause 9.5, Webcammer is entitled to receive his/her remuneration calculated for the Sessions that took place until the effective termination date, unless such termination is the result of a fraudulent behavior from Webcammer, in which case (i) no remuneration shall be due, and (ii) all remedies available under the applicable law reserved in favor of Social to Go V.O.F against Webcammer.
9.7 Provisions of this Agreement whose intention and scope are designed to remain in effect after the termination shall remain in force after such termination.
10.1 Webcammer understands that the License granted under Clause 2 is nontransferable and nonsublicensable. In no event shall Webcammer therefore sell, transfer, assign, sublicense or otherwise dispose of any of the rights and duties contained in this Agreement in any way absent prior written approval of Social to Go V.O.F.
10.2 Webcammer agrees that Chatubecams V.O.F is entitled to assign or otherwise dispose of this Agreement in whole or in part to a third party.
11. FORCE MAJEURE
Neither Party will be liable to the other for failure in performing its obligations hereunder if such failure is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, Acts of God such as fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in telecommunications or third party services, or inability to obtain supplies or power used in or equipment needed for the provision of services hereunder.
12.1 If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable for any reason, such provision shall be enforced to the maximum extent possible so as to reflect the intent of the parties.
12.2 The remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.
12.3 Should the severability provided for under Clause 12.2 materially change the economic benefit of this Agreement to Social to Go V.O.F, Clause 12.2 shall not apply and the Agreement shall be automatically terminated.
13.1 Social to Go V.O.F reserves the right to unilaterally modify this Agreement at any time.
13.2 Modifications to this Agreement will be communicated to Webcammer via the Service or by any other means Chatubecams V.O.F may determine at its discretion.
13.3 Webcammer understands that the technical characteristics and specifications of the Service may be changed at any time without prior notice.
13.4 Webcammer understands and agrees that its use of the Service after the date on which the terms of the Agreement have been changed will be treated as acceptance of the updated version of the Agreement.
13.5 Should Webcammer disagree with such modifications, it may terminate the Agreement as foreseen under Clause 9.2 .
14. CAPTIONS AND HEADING CLAUSE
The captions and headings used in this Agreement are inserted for convenience only. They do not form a part of this Agreement and shall not be used in any way to construe or interpret this Agreement.
15. CONSTRUCTION CLAUSE
The Agreement shall be deemed to have been drafted by both Parties and, in the event of a dispute, no party hereto shall be entitled to claim that any provision should be construed against any other party by reason of the fact that it was drafted by one particular party.
16. ENGLISH LANGUAGE CLAUSE
16.1 This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the parties.
16.2 All communications and notices to be made or given pursuant to the Agreement shall be in the English language.
16.3 Webcammer is deemed to have understood and agreed upon every provision contained in this Agreement.
17.1 Any reference to a written form according to this Agreement shall encompass electronic means.
17.2 Any notice to either party to this Agreement shall be given in writing to the following addresses:
– To Social to Go V.O.F: Address: Spreeuwenstraat 32, 6165 BB Geleen, Netherlands, E-mail: firstname.lastname@example.org
– To Webcammer: contact information as in the extranet account
17.3 Any notice given shall be deemed to have been served on the day of dispatch if sent electronically, respectively two days after posting by local mail or five days after posting if sent by air mail.
18. APPLICABLE LAW AND JURISDICTION
18.1 This Agreement and all matters arising out of or relating to this Agreement shall be governed by the substantive laws of Switzerland, without regards to conflicts of laws principles thereof.