General Terms for Chat-Hosts of AmateurDatingCams.com or linked sites (all following referred to as AmateurDatingCams)  
     
 

1.
Cam Chat-Host, and/or Chathost Representative, is solely responsible for the Productions, including without limitation
the content thereof. You acknowledge and agree that AmateurDatingCams.com may, in its sole discretion, delete and/or modify any aspect of the Productions, including without limitation, content, messages, photos or profiles, that, in AmateurDatingCams.com sole discretion, violate the terms of our agreements with You, violate the terms of our agreements with Your Chathost Representative, that violate AmateurDatingCams.com policies, that may be offensive and/or illegal, or that may harm or threaten the safety and welfare of AmateurDatingCams.com and/or AmateurDatingCams.com users. AmateurDatingCams.com is not, however, obligated to take any action and is not responsible for the content of, or for any failure or delay in deleting and/or modifying the Productions.

 
     
  2.
Either party to this agreement may terminate this relationship with the other party, with not less than 24 hours advance notice, subject to the fulfillment of any outstanding liabilities and/or remaining obligations to the other party. Without limiting any other remedies that AmateurDatingCams.com may have, in the event of a material breach of this agreement, including without limitation, violation of the SPAM and UCE policies, AmateurDatingCams.com reserves the right to suspend Your account immediately pending 24-hour notification of termination.

 
     
  3.
No software from this Interactive Computer Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any nations or country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
 
     
  4.
CAM CHAT-HOST AGREES AND UNDERSTANDS THAT THE INTERACTIVE COMPUTER SERVICES ARE PROVIDED BY AmateurDatingCams.com ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OR GUARANTEES OF PROFITABILITY OR CUSTOMER USAGE. NO ADVICE OR INFORMATION GIVEN BY AmateurDatingCams,ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER.
 
     
  5.
Cam Chat-Host recognizes that this agreement and all agreements incorporated by reference herein may have changes from time to time, via print, electronic, e-mail, link to web page, click through agreement, or any other media or method AmateurDatingCams.com chooses. For any and all notice requirements stated in this agreement, email notice is valid written notice. Notwithstanding anything to the contrary in this agreement, AmateurDatingCams.com act of posting these changes online or e-mailing them to You or Your Chathost Representative, and YOUR, OR YOUR CHATHOST REPRESENTATIVE'S, CONTINUED USE OF THE AmateurDatingCams.com INTERACTIVE COMPUTER SERVICE, AND/OR YOUR ACT, OR YOUR CHATHOST REPRESENTATIVE'S ACT, OF CASHING OR DEPOSITING THE USER REVENUE CHECKS SENT BY AmateurDatingCams, IS YOUR WAY OF MANIFESTING ACCEPTANCE TO THE TERMS OF THIS AGREEMENT AND/OR ANY SUCH AmateurDatingCams.com MODIFICATION TO THIS AGREEMENT.
 
     
  6.
Should any provision of this agreement be found by an arbitration panel or a court of law to be void, invalid or unenforceable under any applicable law or equity, such a finding shall not affect the remainder of this agreement, in part or in whole, that can still be given effect without the void, invalid or unenforceable provision; to that end, the provisions of this agreement are severable.

 
     
  7.
This agreement and those portions of the policies stated on the AmateurDatingCams.com interactive computer service and expressly incorporated by reference herein, constitute the entire agreement between the Cam Chat-Host and AmateurDatingCams.com relating to the subject matter of the agreement and shall supercede any prior agreements between AmateurDatingCams.com and Cam Chat-Host related to the subject matters herein. Both parties further agree that, should any policy or statement appear on AmateurDatingCams.com and/or any other Interactive Computer Serivce owned by AmateurDatingCams, which contradict the terms stated in this agreement, the terms of this agreement shall prevail.

 
     
     
  Cam Chat-Host agrees to the following:  
     
  1.
Cam Chat-Host and/or Chathost Representative shall be solely and exclusively responsible for all of the content of the Productions.

 
     
  2.
Cam Chat-Host ensures AmateurDatingCams.com that the content in his or her Productions complies with the laws and regulations applicable in (i) Cam Chat-Host's country of origin, (ii) Cam Chat-Host's local community, and (iii) Europe, and (iii) duly registered, and re-registered as required from time to time, as Cam Chat-Hosts with AmateurDatingCams.

 
     
  3.
All visible participants in Your Productions shall be consenting adults who are (i) at least 18 years of age, (ii) of legal majority age in Cam Chat-Host's jurisdiction, and (iii) duly registered, and re-registered as required from time to time, as Cam Chat-Hosts with AmateurDatingCams.

 
     
  4.
Intellectual Property Rights.
 
     
  4.1 Cam Chat-Host hereby warrants and agrees that Cam Chat-Host possesses all intellectual property rights, interests, and licenses necessary to engage in this agreement. You may not post, distribute, or reproduce in the Productions, any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights.  
     
  4.2 Cam Chat-Host transfers to AmateurDatingCams.com full license to use any and all copyrights, trademarks, service marks, trade secrets, and all other proprietary rights in and to the Productions, or any portion thereof, via an unlimited, perpetual, worldwide, royalty-free, irrevocable, sub-licensable, transferable, exclusive license to AmateurDatingCams. With the rights granted herein, AmateurDatingCams.com may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Productions in any medium or technology whatsoever, now known or to be developed in the future. You further agree that AmateurDatingCams.com shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from the Productions.
 
     
  4.3
Cam Chat-Host agrees that (i) Your designated AmateurDatingCams.com screen name(s), which either You and/or Your Chathost Representative are expressly authorized by AmateurDatingCams comto use, is the intellectual property of AmateurDatingCams,(ii) except as expressly stated in section 4.4 below, You shall not use the screen name(s) on any internet service deemed by AmateurDatingCams,in its sole discretion, as competitive to AmateurDatingCams,(iii) in the event Your relationship with AmateurDatingCams.com and/or Your Chathost Representative is terminated for any reason, You agree not to use the screen name(s), in any manner whatsoever, (iv) Your rights of publicity and privacy are not infringed by the content and/or Productions that You produce on the Interactive Computer Services provided by AmateurDatingCams,(v) You are voluntarily using the Interactive Computer Services provided by AmateurDatingCams, and (vi) You are hereby waiving any and all moral rights You may have in the Productions.

 
     
  4.4
For the sole purpose of legitimately promoting AmateurDatingCams. AmateurDatingCams.com hereby grants Cam Chat-Host a non-exclusive, non-transferable, royalty-free, worldwide sublicense to use Your designated AmateurDatingCams.com screen name(s) and the Productions. Outside of the limited sublicense rights expressly granted above, Your designated AmateurDatingCams.com screen name(s) and/or the Productions shall not be used by You for any commercial purpose, without the prior written consent of AmateurDatingCams. At all times, You agree not to use the Productions and/or Your designated screen name(s) for any unlawful purposes.
 
     
  5. Cam Chat-Host may not use any facilities of AmateurDatingCams.com to promote or solicit any URL or internet service, other than AmateurDatingCams, that provides services or features that are competitive to AmateurDatingCams. Cam Chat-Host shall not contact or communicate with any AmateurDatingCams.com user for the purpose of circumventing the AmateurDatingCams.comInteractive Computer Service, including but not limited to, the solicitation or encouragement of the user to leave AmateurDatingCams.com and/or to purchase, consume or subscribe to Cam Chat-Host's and/or Chathost Representative's content through computer services which are competitive to AmateurDatingCams.com (user theft).  
     
  6. Indemnity and Limitation of Liability:  
     
  6.1 Cam Chat-Host shall indemnify and hold harmless WebPower, its officers, directors, employees, and consultants against any and all expenses and losses (including reasonable attorneys fees and costs) directly or indirectly incurred by WebPower in connection with any claims of any kind arising from the breach of any terms, conditions, warranties or representations made by You in this agreement, including but not limited to, any intellectual property disputes and/or other disputes or actions that may result from Cam Chat-Host's Productions or the subject matter governed by this agreement.  
     
  6.2 IN NO EVENT WILL WEBPOWER BE LIABLE TO YOU AND/OR ANY PERSONS WHO APPEAR IN YOUR PRODUCTIONS, FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY SPECIAL CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE LIMITS SET FORTH IN THIS SECTION WILL APPLY EVEN IF THE CAM CHAT-HOST OR OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
     
  6.3 IN THE EVENT WEBPOWER IS HELD LIABLE TO YOU, OR ANY OTHER PERSON, IN ANY WAY, WEBPOWER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO WEBPOWER BY AmateurDatingCams.com USERS FOR THE PRODUCTIONS YOU DISTRIBUTE THROUGH AmateurDatingCams.  
     
  7. Adherence to Internet Self-Regulation and "Netiquette" (Prohibition of SPAM, UCE and other abusive practices): AmateurDatingCams, Cam Chat-Hosts, and AmateurDatingCams.comusers strive to maintain excellent reputations as good internet "citizens". To preserve that reputation and good will, AmateurDatingCams.com strictly enforces a ZERO-TOLERANCE anti-spam policy. If You engage in SPAM or other abusive activities in an attempt to drive internet traffic to or advertise the Productions or any area of the AmateurDatingCams.com Interactive Computer Service, this agreement and Your relationship with AmateurDatingCams.com will be terminated. Use SPAM, and You will be terminated from the AmateurDatingCams.com Interactive Computer Service. Period. (No explanations accepted.) Proper netiquette also includes common good manners and professional courtesy toward others. You accordingly agree to refrain from issuing disparaging, libelous, slanderous, defamatory, false, or otherwise inflammatory and/or negative statements concerning fellow Cam Chat-Hosts, chathost representatives, AmateurDatingCams.com users, AmateurDatingCams, or the Interactive Computer Services provided to You under this agreement. (Simply stated, You are expected to maintain a professional demeanor at all times.)  
     
  8.
NO CRIMINAL BACKGROUND: You represent and warrant that You do not have a criminal history consisting of investigation, arrest or conviction by government agencies for felony or other serious crimes.

 
     
  9. Cam Chat-Host/AmateurDatingCams.com Relationship:  
     
  9.1
For tax and all other purposes, Your relationship with AmateurDatingCams.com is not that of employee/employer, through a common-law employee/employer relationship or actual employee/employer relationship. You are not entitled to receive any benefits available to an employee of AmateurDatingCams.
 
     
  9.2
CAM CHAT-HOST HEREBY AGREES THAT CAM CHAT-HOST AND/OR CHATHOST REPRESENTATIVE IS THE SELLER OF ALL GOODS AND SERVICES SOLD THROUGH AmateurDatingCams.com AND/OR ANY AmateurDatingCams.com INTERACTIVE COMPUTER SERVICE, AND THAT CAM CHAT-HOST OR CHATHOST REPRESENTATIVE SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES ASSOCIATED WITH THE REVENUE RECEIVED FROM THE SALE OF GOODS AND SERVICES THAT ARE GENERATED THROUGH AmateurDatingCams.comAND/OR ANY WEBPOWER INTERACTIVE COMPUTER SERVICE. AmateurDatingCams.com IS NOT RESPONSIBLE FOR, AND WILL NOT PAY ANY TAXES FOR THE GOODS OR SERVICES PROVIDED BY YOU OR YOUR CHATHOST REPRESENTATIVE, INCLUDING WITHOUT LIMITATION, FEDERAL OR STATE TAXES, INCOME WITHHOLDING TAXES, SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, DISABILITY TAXES AND/OR TAXES LEVIED BY FOREIGN COUNTRIES, INCLUDING BUT NOT LIMITED TO INCOME AND VALUE ADDED TAXES (VAT).

 
     
  9.3 Cam Chat-Host hereby agrees that You, and/or Your Chathost Representative, retain complete control of the content of the Productions. AmateurDatingCams.com does not maintain or impose a schedule nor otherwise require You to work set shifts, and there is no minimum usage requirement whatsoever. You will furnish, at Your own, or at Your Chathost Representative's, expense all property, space, computers, computer equipment, furniture, materials, etc., used in the course of the Productions.  
     
  10. Cam Chat-Host hereby agrees to and expressly consents to AmateurDatingCams.com exercise of AmateurDatingCams.com right, in the ordinary course of its business as the provider of an Interactive Computer Service and as a necessary incident to the rendition of services or protection of its rights or property (including without limitation ordinary technical support and operational functions), access, monitor and/or record Cam Chat-Host's video chat sessions and/or the Productions to ensure compliance with AmateurDatingCams.com and/or AmateurDatingCams.com policies and/or the laws and regulations of (i) Cam Chat-Host's country of origin, (ii) Cam Chat-Host's local community, and (iii) Europe.  
     
  11.
Your rights and obligations, as stated in this agreement, shall not be assigned or transferred to any other person or entity; any such assignment or transfer is void. You are solely responsible for all data, information and content created via use of, and/or provided in order to obtain the rights to, the screen names licensed in this agreement (as evidenced through the account information corresponding to Your ID Card). You must promptly inform AmateurDatingCams, in writing, of any apparent or actual breach of security, such as loss, theft, or unauthorized disclosure or use of a screen name, ID Card, username or password. You further agree to provide AmateurDatingCams.com with any and all updated information related to You and/or Your Chathost Representative.

 
     
  12.
Cam Chat-Host hereby agrees that, consistent with AmateurDatingCams.com policy, a key component of being a customer-committed Cam Chat-Host is providing users who pay to access Your Productions complete and undivided attention during Your real-time Productions.
 
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