This agreement (hereinafter referred to as "Services Agreement") governs the relationship between:
Webstream Ltd, with registered address at Suite 48 88-90 Hatton Garden, London, EC1N 8PN, registered in England, company number 05154391, (hereinafter referred to as "Website Operator")
the Performer (hereinafter referred to as the "Performer", "me", "you" or "I").
By signing up as a website operator "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)", the Performer gives its consent to, and notably its express consent to clauses regarding Declarations (4th clause) and Personal data (5th clause), and accept the following Services Agreement:
"I", "me", "you": Performer.
"Performer": a person providing adult entertainment services for the Website Operator.
"Services": services rendered by Performers on the Websites which namely comprise adult entertainment services, more precisely performing live webcam shows and chat in front of cameras, the uploading and selling of video clips, and the offering of phone chat services for the entertainment of Visitors/Subscribers all over the world, usually sold on a pay-per-view basis.
"Websites": different websites, including www.webstream.co.uk and any other website which might be operated by Website Operator.
"Visitors / Subscribers": persons visiting and/or subscribing and/or buying the Services on the Websites (also referred to as members or end users from time to time).
1st clause - Purpose
Whether natural or legal persons and Performers are acting under this agreement as professional services providers in the frame of their business/professional activities when rendering their services (not consumers).
By means of the present Services Agreement, I expressly mark my interest to render Services as a Performer on the Websites promoted by Website Operator and its affiliates, which currently manages a business to consumer (B2C) - interactive live streaming video chat site (based on the one available at www.webstream.co.uk), according to the terms of this Service Agreement.
The Performer undertakes not to provide any illegal, harmful, obscene, hateful, racial, ethnical or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while rendering the Services under this Services Agreement.
In order to improve the efficiency of the above-mentioned Services, I am authorized to use the help desk provided by Website Operator and/or its services providers, whenever deemed convenient.
I hereby certify that Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently the present Services Agreement does not determine my place or schedule for rendering the Services. Website Operator does not tell me what my lawful content or my Services shall be, since I am fully aware, as a Performer, that I must provide reliable and efficient services in full compliance with the applicable legislation and object of the present Services Agreement.
I hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for members of the Websites and I am aware of quality level and obligations that are previewed in such terms and conditions. In case of any questions to this regard I can contact Website Operator according to the contact details provided in this Service Agreement.
The Services shall be rendered by me with total autonomy and technical independency. Therefore, I am completely responsible and liable for my own actions, videos, audio, chat, dialogue, instructional videos, and advices, as a consenting responsible adult, and all decisions related to the content of my actions as Performer are made at my own discretion.
Notwithstanding the above, I am acting under this Services Agreement as a professional when rendering the Services, nevertheless it is not intended that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary diplomas , it being my responsibility to keep the end users duly aware of that fact. I understand that I am not in any way an employee of Website Operator and/or of any other entity related to Website Operator.
I hereby declare that under this Services Agreement I will render the Services of high quality, I will not provide any knowingly wrongful or misleading information to the member of the Websites and that at any moment I will be acting honestly and professionally.
2nd clause - Duration
This Services Agreement shall be effective as from the date when the Performer registers on the Websites and accepts this Services Agreement by clicking on the button "I agree, understand and I accept this Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)", and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Services Agreement.
3rd clause - Fees
I acknowledge that the amount to be paid for the Services rendered, within the scope of the present Services Agreement, will be published on the Websites. I, as a Performer, agree with Website Operator that the amount to be paid for the Services rendered on the Websites shall vary in accordance to the charge option chosen (i.e., per minute fees that I discretionarily choose, and which are paid by visitors to Website Operator for the Services offered by me through the Websites).
I understand and accept that the amounts to be paid by the Website Operator to me will correspond to certain percentage (varying according to the type of Services) of the chosen charge option (i.e. certain percentage of the price paid by the Visitors/Members of the Websites to the Website Operator) as described above which percentage and charge options will be published on my registration account and/or my sales page (which I can consult before any rendering of Services). I fully understand and acknowledge that the Visitors/Members of the Websites are the customers of the Website Operator.
I am fully aware that prices shall be due as round British Pound, United States Dollar or Euro amounts without additional pence. Consequently, I agree that fractional payment amounts will not be credited to me. The price referred to in the present clause shall be paid by means of bank wire transfer, check, or other payment methods available and chosen at Website Operator's own discretion.
I also acknowledge that the price to be paid for the rendering Services may be proportionally and adequately reduced in case of my' unlawful conduct, namely, in violation of the present Services Agreement and/or applicable legislation.
The prices per minute/per view payable by Visitors/Members and which also constitute the base for counting amounts earned by me as described above are subject to change at Website Operator's own discretion and upon prior notification to me. In case of substantial change in the amount of available price to charge, I shall have the possibility to terminate the present Services Agreement upon reception of such change; otherwise if I continue providing services through the Websites it shall be considered as tacit acceptance to such changes.
Credit card fraud is a crime, and Website Operator will do everything in its power to help local and international agents to trace people committing such felonies. Website Operator will NOT pay any fees in case of fraudulent purchases. The purchases MUST originate from the owner of the credit card or have permission from the owner for using their credit cards. The Website Operator team does everything in its power to minimize the percentage of fraudulent purchases. If you know of ANYONE committing such activities please notify us, so that you can help us protect our Websites.
4th clause - Declarations
I hereby certify that I am, as well as any person appearing in camera area, video clips, phone chat or pictures, are at least 18 years of age (or 21 when so required by local law), or age of majority in my legal jurisdiction (whichever is greater). By ticking/clicking the "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)" checkbox/button I certify that I reached the age of majority and that I will NOT provide Website Operator with false identification (including my' name, address and/or date of birth).
I am fully aware that Website Operator, will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which origin from the Visitors/Members and/or Performers of the Websites or from any other person or third entity to the present Services Agreement.
I certify that all decisions related to the rendering of Services are made at my own discretion, that such Services do not violate the local community standard of 'obscenity' in my area, nor do they violate any other laws. I am completely responsible for my own actions as a consenting adult. I also certify that I am also aware of my criminal liability and therefore, I will act, under all circumstances, in accordance to my local community standard of morality and applicable laws. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am rendering the Services in the video/film and appearance(s) of my own free will.
I will indemnify and hold Website Operator harmless from all liabilities related Services rendered in the framework of this Services Agreement. I hereby discharge all persons related to Website Operator of any past, present, or future liabilities in the framework of this Services Agreement.
I further represent that I have fully read and agree with the contents of this Services Agreement prior to its execution. I have not been induced or forced by Website Operator, its agents, employees, nor anyone acting on their behalf to sign this Services Agreement. As I accept the terms of this Services Agreement I certify that the identification that appears above is true and accurate. I also certify, as a Performer, that I, will not provide any defamatory, abusive, threatening, racially offensive, or illegal material, and have no intention to support immoral interests. I understand that if Website Operator suspects that I, have provided forbidden content, my account(s) will be frozen immediately for further investigation and it may result in the permanent termination of my account(s).
I also certify that I will not force anyone to render Services on Websites promoted by Website Operator. By marking the checkbox "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)" I declare that all informtaion is provided with true and accurate legal documents.
I understand that if Website Operator and/or any other entity indicated by it, suspect that I have provided forbidden content, my account(s) will be frozen immediately for further investigation, and that it may result in the permanent termination of my account(s), and cancellation.
I hereby acknowledge that Website Operator has the right to, immediately and unilaterally, terminate the present Services Agreement and any accounts upon the slightest suspicion of forgery or inadequate behavior.
I also acknowledge the right for Website Operator and/or any other entity indicated by it, to be fully indemnified for all damages caused by my unlawful conduct or breach of the present Services Agreement.
5th clause - Personal data
As a Performer, I allow under the Performer Contract all my personal data and/or the contents published on the Websites to be inspected by Website Operator and any entities indicated by the latter, randomly, resorting to any existing means for such effect. Notwithstanding, I am aware that it is not a duty of Website Operator to proceed with such inspection, and Website Operator and said entities will not be considered responsible, either jointly or severally, in case of my unlawful conduct or provision of false information to Website Operator.
I, as a Performer, hereby expressly authorize the execution of the present Services Agreement and, after termination of the present Services Agreement, during the period necessary for Website Operator to comply with legal requirements, to collect and process my Personal data (including sensitive data such as data related to religious and political believes, sexual life, etc.) that are provided to Website Operator under the present Services Agreement, as well as technical data related to my connections to the Websites, in accordance with the applicable laws, and more precisely with applicable data protection regulation.
I, as a Performer, agree and authorize Website Operator and/or any other entity indicated by it, to obtain and store information automatically from my computer used to connect to the Websites (including cookies).
I, as a Performer, hereby agree and allow Website Operator to collect, process, and communicate to its processors and its group companies, including the processors situated in countries not ensuring an adequate level of protection according to European Commission, the following types of personal data/information (including sensitive personal data as referred in the applicable data protection regulation):
information that I voluntarily provide to Website Operator, such as name, e-mail address, address, date of birth, and other miscellaneous account information submitted through the Performer registration form; software and hardware attributes, along with any other data that can be gained from the general internet environment, such as browser type, IP address, etc.; private communications, such as telephone conversations, chat logs, faxes, and letters to Website Operator's staff, along with chat and e-mail messages to Website Operator's staff. Website Operator keeps chat logs for a limited period of time. Website Operator will use my personal data for mainly general purposes, such as accounting and management of suppliers, contacting me, customizing the environment of the Websites I, and for promotional marketing purposes, to the extent allowed by law.
Website Operator has assured that it's employees are bound by confidentiality obligations and that only authorized personnel will be granted access to my personal data processed by Website Operator.
I understand that I may obtain a copy of any of my personal information that Website Operator processes and ask for rectification of any incorrect personal data, upon written request to the contact provided in the present Services Agreement and indication of the email address to which the information must be sent. If I would like to oppose the processing of my personal data by Website Operator, I am entitled to terminate this Services Agreement at any time in compliance with its provisions.
I hereby declare to hold Website Operator harmless in case I exercise the right of information foreseen above, in case my personal data is lost or subject to unauthorized access.
6th clause - Rights to the image and author right
I expressly authorize, Website Operator to monitor, record, and log all my online activities (including chat, video, phone chat, e-mail, etc.) on the Websites (including www.webstream.co.uk and websites created by webstream.co.uk).
I acknowledge and agree, to expressly authorize that any material recorded or any original work published on the Websites (and all rights therein, including, without limitation, author rights to such recorded works and materials) belong to and shall be the sole and exclusive property of Website Operator for the maintenance and operation of the site and/or sites attributed to the operator.
The operator, with consent, may use any and all uses, in whole or in part, in any and all media and manners now known or learned, for use throughout the universe, without limitation, including in connection with the advertising, exploitation, and publicizing of the operators site/sites
I agree, that Website Operator may edit my appearance as Website Operator see fit (and that I waive any and all moral rights, to the extent permitted by law, that I may have), and that I understand that Website Operator have no obligation to use my appearance(s).
I hereby expressly waive, any further financial compensation for any of the rights assigned, transferred, or granted to Website Operator under this Services Agreement.
I agree, that Website Operator reserves a right to transfer or assign any of the above mentioned rights to its group companies or any other person if the need arises.
7th clause - Duties
I undertake the duty to provide Website Operator, in writing, with updated information concerning any changes related to my personal data, within the term of five (5) days counted from the occurrence/communication of said changes.
I also undertake the duty to possess and provide at my own costs the working instruments (including IT tools) necessary for the efficient rendering of the Services established in the present Services Agreement Contract.
I undertake, the duty to clear out of my recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including the ones concerning author rights) at all times, avoiding unlawful use of trademarks, brands, imagery, and/or registered music.
I undertake the duty to make hard copies of my account information online, at the Performer page of the Websites I render my Services through, for my own records, since I acknowledge that Website Operator shall not provide me with copies of my account information.
I shall immediately inform Website Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. I shall also remain exclusively and personally liable for any unauthorized use of the Services offered through my account.
I shall indemnify, pay the costs of defense, and hold harmless Website Operator, as well as it's officers, directors, affiliates, attorneys, shareholders, agents, and assignees, from any and all claims brought by third parties arising out of, or related to, my conduct, statements, or actions during any appearance(s) on the Websites (including www.webstream.co.uk). The provision set forth here above includes without limitation any liability or damage arisen from any comment, recommendation, advice, suggestion, reading, example, conclusion, or other, made by me, as well as for any products, services, information, or other materials displayed, purchased, or obtained by Visitors/Members in connection with the Services or Performers suggestions.
I shall fully indemnify and pay any and all costs of defense to Website Operator in case of breach of any of the clauses set forth in the present Services Agreement.
8th clause - Basic rules for the provision of Services
The below-mentioned rules must be followed by all Performers rendering services through the Websites.
Performer must have valid and approved registration on the Websites. Performer appearing in camera area or in the pictures through webstream.co.uk or websites built by webstream.co.uk must be registered under the given Performer Account.
Underage sexual activity, bestiality, incest, demonstration of blood or animals and mimicking the above mentioned is against the rules. Role playing that includes an underage role is against the rules. Any attempt to display text material that is a celebrity name, offensive, suggests pedophilia, adolescence, bestiality or zoophile, referring to elimination or consumption of any bodily waste or implying words that are unacceptable by the standards of good taste will lead to immediate and permanent suspension of the concerned account.
You have the option to kick or ban impolite Visitors from your Chatroom, although it is against the rules to misuse this function. Making derogatory statements about other Visitors/Members is prohibited. Although you are obliged to respect and follow the instructions of the staff of Customer Service. If you need help, do not hesitate to contact our Customer Service.
Please be advised that this basic list of rules is non-exclusive and does not contain all possible violations of the present Services Agreement. Therefore an act not mentioned above could qualify as a breach of this Services Agreement after considering the situation and analysing the general purpose of this Services Agreement.
In case there is any part of the above statements you do not accept, or you are not aware of pertinent laws and regulations DO NOT ENTER OR SUBSCRIBE TO THE WEBSITE!
9th clause - Assignment
I am not entitled to assign or transfer my contractual position to any other person/entity. I agree, that my username/password must not be provided to any other person, otherwise I, shall be held liable in accordance to clause 7 of the present Services Agreement.
I agree that Website Operator has the right to transfer or assign its rights and obligations under this Services Agreement without limitation.
10th clause - Amendments
Website Operator may make changes to this Services Agreement, in such case it undertakes the duty to inform me of such changes before they enter into force.
If any modification is unacceptable to you, you shall cease providing Services to Website Operator. If you do not cease rendering Services, you will be conclusively deemed to have accepted the changes.
11th clause - Termination
Either party may terminate this Services Agreement, at any time, based on any reason, upon prior and express notice given in writing (email including) to the other party with a minimum antecedence of 5 (five) business days. Website Operator may terminate this Service Agreement immediately in case of serious violation of it's terms by the counterparty, without prior notice.
12th clause - Severability
If any term or provision of this Services Agreement shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Services Agreement will not be affected thereby, and each remaining term and provision of this Services Agreement shall be valid and enforceable to the fullest extent permitted by law.
13th clause - Applicable law and jurisdiction
The parties shall irrevocably submit to the exclusive jurisdiction of the courts of England for the purposes of hearing and determining any dispute arising out of this Services Agreement.
This Services Agreement, all matters arising from it, and any dispute resolutions referred to the above shall be governed by, and construed in accordance with the laws of England, notwithstanding conflict of law provisions and other mandatory legal provisions.
14th clause - Notices
Any notice, recommendation, or advice by each party to the other hereunder shall be provided to the following contacts:
Webstream Ltd, First Floor, Suite 48 88-90 Hatton Garden, London, EC1N 8PN, UK: Email: firstname.lastname@example.org
I have carefully read the terms of this Services Agreement and have indicated my consent and express consent to clause regarding Declarations and Personal data by clicking on the button "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)".
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