Terms and Condition
WHEREAS, SkinCamsLive, Inc.(the “SKL NETWORK”) is engaged in the business of providing entertainment via live Internet video chat; and
WHEREAS, Webcam Model is a performer in the business of originating, producing and providing original live entertainment for transmission and broadcast over the Internet; and
WHEREAS, SKL NETWORK desires to allow Webcam Model to engage in lawful performance of the live entertainment that Webcam Model originates and produces for customers accessing the SKL NETWORK’s website; and
WHEREAS Webcam Model desires to utilize SKL NETWORK, on the terms and conditions stated herein;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged and in further consideration of the mutual promises set forth herein, it is hereby agreed between the parties as follows:
1 Webcam Model hereby agrees, represents and warrants:
1.2 Webcam Model will remain solely responsible for all of the Content for distribution via the SKL NETWORK’s website. The term “Content” as used in this Agreement shall be meant to include all real-time or archived digital images, video chat sessions, recorded performances, audio, text, and other similar materials created by the Webcam Model.
1.3 Webcam Model warrants and represents he/she is a consenting adult over the age of eighteen (18) years and has provided acceptable proof of age which shall consisting of a valid government photo identification document (passport, state driver license, military identification card, or state photo identification card). Webcam Model must provide SKL NETWORK with a color copy of such documentation and email such depiction to SKL NETWORK in JPG, GIF, PDF, or TIF format. A Webcam Model will not be issued an account or accepted until the age verification identification has been submitted and accepted by SKL NETWORK.
1.4 Webcam Model shall fully complete the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257 and return it to SKL NETWORK. A Webcam Model will not be issued an account at SKL NETWORK until the statement has been submitted and accepted by SKL NETWORK.
1.5 Webcam model represents the agent for the role of checking a valid government ID of every person in broadcasting including herself or himself before broadcasting to make sure no one in the show is under 18 years old.
1.6 Webcam model is obligated to capture part of her show and send the depiction of the show to SKL NETWORK every time she broadcasts.
1.7 Webcam Model agrees that he/she will not violate any law concerning obscenity. A Webcam Model may not portray depictions of sex involving any person under the age of eighteen (18) years of age, rape, incest, torture, bestiality, fisting, necrophilia, any form of child pornography, urination, and or defecation.
1.8 Webcam Model agrees that he/she will not solicit sexual services while using the SKL NETWORK’s website(s), for any sexual favors either monetary or gratuitously and such behavior is grounds for immediate termination of this contract.
1.9 Webcam Model represents to SKL NETWORK that the Content complies with the laws and regulations applicable in (i) Model’s country of origin, (ii) Model’s local community, and (iii) the United States.
1.10 Webcam Model will furnish, at her expense, all property, space, computers, computer equipment, furniture, clothing, lingerie, materials, etc., used in the course of the creation of the Content.
1.11 Webcam Model agrees to provide, at its sole cost and expense and solely for her own benefit, all equipment necessary to access the Web Site from the remote broadcast location. By way of example only, this may include a home computer, a video camera that connects to a home computer and an Internet connection (cable or DSL) of at least 2 Mb (kilobit) upstream and 7Mb (Megabit) downstream per video stream. Webcam Model shall be solely obligated to ensure that any equipment purchased or otherwise acquired is in furtherance of her activities and is compatible with the Web Site.
1.12 Webcam Model hereby agrees to and expressly consents to SKL NETWORK’s right to access, monitor and/or record the video chat sessions and/or the Content to ensure compliance with SKL NETWORK’s policies as set forth on the SKL NETWORK web site(s) and or Studio and Partner or Affiliate domains in which an agreement is formed, at any time, and/or the laws and regulations of (i) the Model’s country of origin, (ii) the Model’s local communities, and (iii) the United States.
SKL NETWORK hereby agrees, represents and warrants:
2.1 SKL NETWORK hereby grants to Webcam Model a non-exclusive, non-transferable, royalty-free, and worldwide license to use and display the SKL NETWORK trademarks, logo, website links and or promotional products of the SKL NETWORK. for the sole purpose of advertising and promoting the Content that Webcam Model distributes via the SKL NETWORK web sites and all sites in which SkinCamsLive has an executed agreement, partnership, affiliation, or ownership of, AND the Model MUST use SKL NETWORK promotional materials that are provided to the Model upon application approval. Model MUST use the links and banners provided or located within SkinCamsLive.com site in all aspects or attempts.
2.2 SKL NETWORK shall allow Webcam Model to use the Content for her own personal portfolio or web site, provided that such use is noncommercial and prior written consent has been obtained from SKL NETWORK whereupon such consent shall not be unreasonably withheld.
2.3 During the term of this Agreement and on the terms and conditions set forth herein, SKL NETWORK agrees to provide Webcam Model with access to broadcast on the SKL NETWORK’s website, for the purpose of providing entertainment for SKL NETWORK’s customers.
Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
You are solely responsible for any information that you post, display or say through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
You are aware that the Service contains explicit adult oriented materials provided only by and to consenting users who are at least the Age of Majority;
You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or defamatory statements, or racist, obscene, offensive or other language which does not coincide with your local laws and community standards;
Performers are allowed to freely interact with other performers on the Site, or they may choose to block other performers from communicating with them, and it is completely up to the performer to choose who they talk to on the Site and they may ignore anyone and may ban anyone from communicating with them.
You will not post any message, picture or recording or use the Service in any way which:
violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or
is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service or violates any law.
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
Your access to the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts to other users;
You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
You will not forward any chain letters, advertisements, spam, or any such commercial message through the Service.
Illegal and Prohibited Conduct. In addition to the foregoing “Code of Conduct,” performers appearing on the Site are prohibited from doing any of the following:
There can be no minors, children, babies or unauthorized persons on camera or in the same room.
Bestiality, or animals/pets on camera in a sexual or provocative context, or illegal drugs (or drugs that may be perceived as illegal in other locations, e.g. medicinal marijuana), are strictly prohibited.
Performers may exchange information with members of the Site, including contact information, but performers MAY NOT use members’ information to provide webcam shows or receive payments outside of the Site. If a performer sells something to a member, e.g., underwear, or performs any other miscellaneous transaction, the sale must be completed in exchange for Virtual Money (defined below).
Performers are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but performers MAY mention their own personal profiles, homepages and wish lists.
Performers are not allowed to ask for members’ account information or to log in using accounts that do not belong to them.
Performers are prohibited from making any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or in any way criticize the Site or Service.
The foregoing list is non-exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
5.1 Webcam Model hereby represents that he/she created and thus owns or has obtained all intellectual property rights, interests, and licenses in the Content. Webcam Model may not reproduce in the respective Content, 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.
5.2 Webcam Model, expressly grants to SKL NETWORK full license to use any and all copyrights, trademarks, service marks, trade secrets, and all other proprietary rights in and to the Content, or any portion thereof, via an unlimited, perpetual, worldwide, royalty-free, irrevocable, sub-licensable, transferable, exclusive license to SKL NETWORK. With the rights granted herein, SKL NETWORK may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Content in any medium or technology whatsoever, now known or to be developed in the future. Webcam Model further agrees that SKL NETWORK 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 Content.
5.3 For the sole purpose of legitimately promoting SKL NETWORK on Webcam Model’s personal web site or web space as provided to Webcam Model via SKL NETWORK, SKL NETWORK hereby grants Webcam Model a non-exclusive, non-transferable, royalty-free, worldwide sublicense to use the designated SKL NETWORK name, trademark or service mark and the Content. The Content shall not be used by Webcam Model for any commercial purpose, without first obtaining prior written consent of SKL NETWORK.
5.4 Nothing contained in this Agreement shall be construed as a grant or assignment of any rights in any intellectual property owned by SKL NETWORK, including, without limitation, any of its trademarks or service marks. No use of these marks shall be permitted except through the prior written authorization and permission of SKL NETWORK.
5.5 Webcam Model agrees not to use the Content for any unlawful purposes.
5.6 Webcam Model may not use SKL NETWORK to promote or solicit any URL or internet service other than that of SKL NETWORK.
5.7 Webcam Model may not use SKL NETWORK to promote or solicit any political or religious views and/or any form of business or service.
Indemnity and Limitation of Liability
6.1 Webcam Model shall indemnify and hold harmless SKL NETWORK, its officers, directors, employees, and consultants against any and all expenses and losses (including reasonable attorney’s fees and costs) directly or indirectly incurred by SKL NETWORK in connection with any claims of any kind arising from the breach of any terms, conditions, warranties or representations made by Webcam Model in this agreement, including but not limited to, any criminal, intellectual property disputes, agreements, Webcam Model consent forms, and/or other disputes or actions that may result from either the Content or the subject matter governed by this agreement.
6.2 IN NO CIRCUMSTANCE SHALL SKL NETWORK BE LIABLE TO MODEL, OR OTHER PERSONS WHO MAY APPEAR IN THE CONTENT,FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, 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 Webcam Model HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 IN THE EVENT THAT SKL NETWORK IS HELD LIABLE TO WEBCAM MODEL, OR ANY OTHER PERSON IN ANY WAY, SKL NETWORK’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO SKL NETWORK BY SKL NETWORK‘S USERS FOR THE CONTENT ATTRIBUTABLE TO THE MODEL.
Relationship Between Parties
7.1 Nothing in this Agreement shall be construed as creating a partnership or joint venture between the parties or making either party an agent or employee of the other, and at all times, Webcam Model shall have no authority to make any representations or warranties on behalf of SKL NETWORK.
7.2 Webcam Model shall conduct his/her online business at its own cost, expense and liability, including without limitation any and all costs, expenses, and liabilities associated who appear in and/or create the Content.
7.3 WEBCAM MODEL HEREBY AGREES THAT HE/SHE IS THE SELLER OF ALL GOODS AND SERVICES SOLD THROUGH SKL NETWORK AND THAT Webcam Model 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 SKL NETWORK. SKL NETWORK IS NOT RESPONSIBLE FOR, AND WILL NOT PAY ANY TAXES FOR THE GOODS OR SERVICES PROVIDED BY Webcam Model INCLUDING WITHOUT LIMITATION, FEDERAL OR STATE TAXES, INCOME WITHHOLDING TAXES, SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, DISABILITY TAXES AND/OR DIRECT OR INDIRECT TAXES LEVIED BY FOREIGN COUNTRIES.
7.4 Webcam Model’s 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.
7.5 Webcam Model agrees to be in full compliance with 18 U.S.C. § 2257 and to complete at signup, prior to producing Content on SKL NETWORK, a RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257. Webcam Model shall bear all risks, liabilities, and costs caused by Model’s failure to comply with these terms under any associated laws, ordinances, rules, regulations, or requirements.
7.6 Webcam Model hereby represents and warrants that each person affiliated with Webcam Model that provides services in connection with this Agreement is at least eighteen (18) years of age. Webcam Model agrees to furnish SKL NETWORK with appropriate age documentation for each person when requested by SKL NETWORK.
8.1 Webcam Model agrees that he/she is solely responsible for the overall Content. Webcam Model acknowledges and agrees that SKL NETWORK may, in its sole discretion, delete and/or modify any aspect of the Content, including without limitation, content, messages, photos or profiles, that, in SKL NETWORK ‘s sole discretion, violate the terms of any of its respective agreements or polices.
8.2 Either party to this agreement may terminate this relationship with the other party, with not less than forty-eight (48) hours written advance notice, subject to the fulfillment of any outstanding liabilities and/or remaining obligations to the other party. Without limiting any other remedies that SKL NETWORK may have, in the event of a material breach of this agreement, reserves the right to suspend Model’s account immediately and/or terminate this Agreement without further notice.
8.3 This agreement may be immediately terminated by SKL NETWORK, at its sole discretion, in the event Webcam Model is investigated or prosecuted for illegal, unfair, and/or exploitive practices.
8.4 In the event that notice of termination is provided by Webcam Model to SKL NETWORK, any sums due and owing to Webcam Model shall be payable within thirty days after SKL NETWORK receives written notice of such termination.
8.5 Webcam Model AGREES AND UNDERSTANDS THAT THE SKL NETWORK’S WEBSITE IS PROVIDED BY SKL NETWORK 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 SKL NETWORK, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER.
8.6 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. Webcam Model SPECIFICALLY ACKNOWLEDGES THAT SKL NETWORK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF SUBSCRIBERS OR OTHER CONTENT PROVIDERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MODEL.
8.7 Webcam Model acknowledges that this Agreement and all agreements incorporated by reference herein may change from time to time, via print, electronic, e-mail, link to web page, click through agreement, or any other media or method SKL NETWORK chooses. Therefore, it is important for the Webcam Model to read all such notices as listed above when announced via the web site. For any and all notice requirements stated in this agreement, email notice is valid written notice. Notwithstanding anything to the contrary in this agreement, SKL NETWORK ‘s act of posting these changes online or e-mailing them to Webcam Model and MODEL’S CONTINUED USE OF THE SKL NETWORK WEB SITE, AND/OR MODEL’S ACT OF CASHING OR DEPOSITING THE USER REVENUE CHECKS SENT BY SKL NETWORK, IS MODEL’S MEANS OF MANIFESTING ACCEPTANCE TO THE TERMS OF THIS AGREEMENT AND/OR ANY SUCH SKL NETWORK MODIFICATION TO THIS AGREEMENT.
8.8 Any controversy or claim arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, shall be settled by binding arbitration in the State of Texas before one (1) arbitrator, in accordance with the commercial rules of the American Arbitration Association then existing, and judgment on all arbitration awards may be entered in any court having jurisdiction over the subject matter of the controversy. The arbitrator shall be selected by the American Arbitration Association and shall be a person experienced in negotiating, making and consummating agreements of the type of this Agreement. The Parties expressly agree that any and all disputes regarding the scope of jurisdiction of any arbitrator in any arbitration proceeding brought pursuant to this Agreement shall be resolved by the Parties through a declaratory relief action brought before a Texas State Court or United States Federal Court sitting in the State of Texas. The Parties hereby agree to stipulate to the jurisdiction of such courts for the purpose of resolving such scope of arbitration disputes.
8.9 Should any Party engage an attorney or institute any action or proceeding at law or in equity, or in connection with any arbitration, to enforce any provision of this Agreement or resolve any dispute regarding this Agreement, including, without limitation, any action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement or any provision thereof, the prevailing Party shall be entitled to recover from the losing Party, all attorneys’ fees, costs and other expenses for services rendered to the prevailing Party pertaining to such action or proceeding.
8.10 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.
8.11 This agreement, including the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257 and those portions of the policies stated on the SKL NETWORK web site, are expressly incorporated by reference herein and constitute the entire agreement between Webcam Model and SKL NETWORK relating to the subject matter of the Agreement and shall supersede any prior agreements between Webcam Model and SKL NETWORK. In the event that any policy, terms of service or supplementary agreement contradict the terms stated in this Agreement, the terms of this Agreement shall prevail.
8.12 This agreement has been made in, and shall be construed and enforced in accordance with the laws of the State of Texas.
8.13 This Agreement may be executed in counterparts, which together shall constitute one Agreement. Any signature delivered by a party via facsimile transmission shall be deemed to be an original signature hereto and binding upon receipt.
On- and Off-site Interactions/Meetings.
Use of the Site to arrange face-to-face meetings is strictly prohibited and will subject your account to immediate termination.
Schedule Of Fess
10.1 SKL NETWORK agrees to pay Webcam Model, during the term of this Agreement, as follows:
10.2 Payments will be made on a site by site basis. It is up to the Model to determine the site they broadcast and earn from and payment terms will follow the rules set forth by each site. As such, the Model is responsible for researching and determining which site they broadcast from and accept the terms of the website regarding payment dates, percentages, methods and manner in which it is paid.
Terms of employment
11.1 I hereby employ you as my nonexclusive talent SKL NETWORK for a period of 1 years from date hereof to negotiate contracts for the rendition of my professional services as an artist, or otherwise, in the fields of motion pictures, legitimate stage, radio broadcasting, television and other fields of entertainment.
11.2 Webcam Model has the right to terminate this contract anytime by written notice through SKL NETWORK’s Website, or email and mail . The terms of employment is indefinite until Webcam Model notifies the cancellation to SKL NETWORK.
11.3 Webcam Model agrees that SKL NETWORK may advise, counsel or direct Webcam Model in the development and/or advancement of her/his professional career.
11.4. I hereby agree that you may render your services to others during the term hereof.
Webcam Model represents that he/she has fully read the terms contained in this Agreement.