Договор с Моделью
The Terms and Conditions – under which , a company incorporated under the Common law, will compensate the Model for their work – are set forth in this Model Agreement.
An online service – web platform – is provided by Here, Models are given the opportunity to show Members (members) (“Service”) and Visitors erotic, live video streams of themselves. They can further sell sounds, images, virtual currency (tokens, credit and kisses) and goods (live chat minutes, Skype chat minutes), text, customer support services, payout services, and billing services. This interaction, which occurs between Members, Visitors and the Model, only takes place between consenting adults.
The Model consents to show live video streams of herself/himself and pictures via the Service. Erotic material may be shown in these video streams.
Direct contact between the Model, Members and Visitors is made possible by the Service. An online platform called “Model’s personal website” (“Service”) further enables the exchange of text, sound, and images.
We use the term CamLust/CamLust.com to refer to all services provided to the Model by .
The Model and agree with the following:
Affiliated sites: Websites controlled, contractually affiliated, or owned by/to , and through which the Service can be used or/and accessed.
Mother’s and Sisters’ Companies: Subsidiaries, in addition to partnership, corporations, or other entity controlling, controlled by, or under common control, with
Session: Compensation due to the Model, during which Content is delivered to Members and Visitors, calculated from lapse of time.
Content: Images, text, or/and sound provided to Members and Visitors by Models via the Service.
Term: Lapse of time, throughout which this Agreement will stay in force.
Third Party: A business entity, or individual, who could be involved (indirectly) but who is not a principal party to a contract, deal, lawsuit, transaction or arrangement (A payment provider, studio, or Skype, in some specific contexts, can be regarded as a Third Party).
Visitor or Member: Any user who accesses the Service to view content and performances delivered by the Model, and who enjoys, in Relevant Jurisdictions, legal majority.
Model: An individual who agrees to use and access the Service, and who has, in Relevant Jurisdictions, a legal majority to provide content to Members or Members, irrespective of his/her gender.
Relevant Jurisdictions: Countries where Members and Visitors gain access to the Service from. Also, countries where the Models’ performances originate from.
2. OBJECT OF THE MODEL AGREEMENT
- At any time, reserves the right to, without providing a reason, refuse to give the Model access to/use of the Service.
- , subject to the conditions and terms of this Model Agreement, grants the Model a worldwide, personal, non-transferable, non-exclusive, non-sublicensable, limited license. This will to be used to, during the Term, use and access the Service.
3. MODEL DUTIES AND RIGHTS
a) The Registration Process
- The Model must confirm that he/she is at least eighteen (18) years of age, is a consenting adult, and who, in the Relevant Jurisdictions, enjoys legal majority age, in such cases where the majority is eighteen (18) years of age or/and above.
- The Model completely understands that he/she will have to, before using the Service, provide with information during the registration process that takes place online. This information includes:
- An out payment account number. For example, a prepaid Mastercard or bank account;
- A copy of her/his passport or identity card that is clearly readable and copied in color;
- Any additional information that is required throughout the process of registration.
- The Model must ensure that, as long as the Agreement is in force, that the information provided to is up-to-date and accurate.
- The Model completely understands that use and access to the service is obtained by a confidential password and login. Every measure and precaution must be taken by the Model to keep this information private. The Model agrees to assume all risks arising from the use of her/his login/password and/or activities occurring on the Service (under the Model’s account), in addition to any risks that may arise from knowledge coming from third-parties. The Model will notify , without delay, should they suspect that an unauthorized third party knows about them, or if they lose any password information.
The Model understands that, without the express consent of CamLust.com, multiple accounts are banned.
To create the independent account, and if the Model’s account was registered under a Studio, a Model will require:
- the new independent account to have been approved by the Studio;
- in the case that the Studio does not agree with the decision, two months to pass – in cases such as this, the account, which is registered under the Studio, will be closed;
- 2 months to pass since activity on the old account was last registered;
- CamLust reserves the right to either reject or accept any application coming from users/Models that belong to communities that may have characteristics that are specific. This considers quality metrics and regulations based on feedback from CamLust’s users.
- The Model understands that it is his/her sole responsibility to install, purchase, choose, maintain, and operate any of the software and equipment that is necessary to use and/or access the Service.
- The Model completely understands that, in order to use and access the Service, all software and equipment must, without exception, comply with any and all requirements of a technical nature that are provided by .
Мы ни при каких обстоятельствах не несем ответственности за техническую точность, модификации или содержание любого продукта, доступ к которому осуществляется через Сторонних поставщиков. Вы понимаете, что любое использование вами продуктов Сторонних поставщиков немедленно регулируется их условиями использования.
The Model completely understands that he/she must provide and add a minimum of three high-quality profile pictures to his/her CamLust account, and that one should reveal his/her face. This shall be done in order to confirm his/her identity. The use of fake profile pictures is banned and those uploaded must correspond to the real identity of the Model. reserves the right to permanently close a Model’s account if they fail to add additional pictures after repeated notifications from the support team.
It is understood by the Model that , upon receiving three written statements from Members and/or Visitors pertaining to the Model’s violation of the Conditions and Terms of the Service, will reserve the right to close the Model account. The Model account shall be suspended after considerable analysis and when considers such statements to be true, based on evidence from members/visitors and Model (both parties).
As in the case of regular reports, where asks both the Model and the member to provide evidence to decide on the report’s outcome, we reserve the right to conduct a procedure that is similar and for those reports pertaining to client price changes or price-per-minute changes occurring before the call. Only in cases where Models did not have any previous reports will we complete this particular procedure.
c) Content delivery
- The Model understands that it is his/her responsibility to deliver, prepare, and create personal content that will be shown to Members and Visitors. The Model further understands that it is his/her sole responsibility to ensure that he/she is complies with every regulation of his/her country of residence that is applicable to him/her.
The Model completely understands that using the Service to provide content to Members and Visitors is never mandatory. The Model further understands that he/she is free to provide Members and Visitors with content, acting, in this respect, in an independent manner, and deciding at her/his sole discretion on the duration, interpretation, and time of this, whilst taking into consideration that this must, without fail, always comply with this Agreement, particularly with Clause 3.
It is the Model’s responsibility to ensure that he/she is able to provide any content that, in advance, was paid for by Members and Visitors. In the event that he/she is unable to do so, payment will not be made to his/her account.
At any time, and in any situation, the Model has every right to halt the session or refuse to provide content to particular Members of Visitors, during a pay-per-minute session.
- The Model understands that he/she must, at all times, be seen during the Session. The Model further understands that if he/she is to leave the space in which the performance occurs, then she/he commits to log out and, in doing so, end the Session.
- The Model will ensure, and understands, that she/he will use and access the Service in a manner that is in line with this Model Agreement. He/she further understands that any content that Members and Visitors are provided with shall comply to any applicable generally accepted practices and guidelines, laws, and regulations.
The Model, under no circumstances, is allowed to:
- Forward data or Content that might harm , Members, other Models, and/or Visitors;
- Contact Members or Visitors by means outside of the Service (for example, but not exclusively, via the telephone);
- Give information provided by to third parties (in the frame of the performance and conclusion of this Agreement), including, in particular, other Models and Members and Visitors, but not exclusively, with regard to the way that the Model is compensated;
- Deliver content which equals hard pornography, including, but not limited to, zoophilia, necrophilia, pedophilia, and/or urology;
- Require Members and Visitors to submit personal data;
- Provide Members and Visitors with third party data or personal data;
- Pose or act as another individual (for example, as a person responsible for the Service, or a representative of );
- Encourage Members and/or Visitors to practice illegal activities.
- The Model agrees that Members and Visitors may use and access the Service via alternative affiliated sites.
- The Model agrees that he/she will not engage in an activity that disrupts or interferes with the Service, or the networks and Services connected to the aforementioned Service.
- The Model understands that he/she is completely responsible for declaring any income generated from Content. Further, the Model understands that it is his/her responsibility to act in complete compliance with the rules and guidelines pertaining to social security authorities, tax, and VAT.
4. INTELLECTUAL PROPERTY
- Nothing in this agreement, unless agreed with in writing, gives the Model the right to use the intellectual property of , or that which it is entitled to exercise. This includes domain names, trademarks, and logos.
- The Model acknowledges that is entitled to exercise, and owns, any and all of the intellectual property rights that are necessary to provide and use the Service and engage in this Agreement.
- In no way is the Model allowed to display, broadcast, reproduce, distribute, modify, or make available any intellectual property material that belongs to third parties (for example, trademarks, copyrighted material, or other proprietary information) during its Sessions, without having first obtained the right holder(s) prior, written permission.
- The Model must, without delay, inform if he/she becomes aware of an intellectual property infringement
- The royalty that pertains to the use of Model intellectual property, as defined under Clause 4.5, can be found in the remuneration that is seen under Clause 5.
- The Model understands that they give a sub-licensable, transferable, worldwide, non-exclusive license on the Content provided through the Service to Members and Visitors. This includes, but is in no way limited to, publicity and copy rights, and also includes, in particular, making available, displaying, broadcasting, reproducing, modifying, translating, publicly performing, publishing, distributing, or retransmitting them in any way.
- The fee to be paid by Members and Visitors will be charged directly by ’s Affiliated sites or/and ’s Sisters’ and/or Mother’s Companies.
- It is the Model’s entitlement to get a remuneration for virtual currency sold and per minute of Session per Visitor, as set at this address: https://camlust.com. (Content Service Fee.)
- Payment will be taken care of by through direct debit, wire transfer, or prepaid Mastercard cards to the Model’s out-payment account that was referred to in the registration process (Clause 3.2). is entitled to charge direct debit transfers to the Model, or, respectively, the Model’s bank or prepaid Mastercard card, and any administration costs to be paid in relation to the wire.
- The Model shall be provided with an electronic overview of the Content Service Fee (invoiced at the start of each month for the previous one) by .
- CamLust.com can only accept payments made on the CamLust.com platform. Other forms of payment are banned. Further, CamLust.com will and cannot be held liable for issues pertaining to methods of payment. The account will be terminated, without notice, in cases where payment methods outside of those authorized by CamLust are made.
- In instances where payment transactions of a fraudulent nature (for instance, unauthorized transfers of funds between accounts, violation of CamLust regulations, payments related to hacked accounts) are committed by Members and/or Visitors, Models can be permanently banned from using CamLust sessions or/and will not get any remuneration.
- Absent any dispute related to the electronic overview that has been submitted in agreement with Clause 5.3. Payments will be completed in 14 days’ time, once the payout request has been registered.
6. PERSONAL DATA
The Model authorizes to process and collect its personal data, with regard to the context of the performance of this Agreement, and in particular with regard to:
- Defend itself;
- Conduct promotion of the Service;
- Enable and manage the operation of the Service;
- Process the payments.
- Data that will be collected through the use and access of the Service are, especially, stream logs, screen logs, chat logs, connection logs, IP address, and timestamps.
- has been authorized by the Model to transfer and share its Content and personal data with third parties. This will comply with authorities, such as social security, police investigations, court order(s), and the legal process, and will be done with ID checks in mind. It addition, it will be done to prevent immediate harm or fraud, whilst ensuring the Service’s security.
- Authorization has been given by the Model for to store the Content, in part or in whole, for commercial purposes or advertising. Similarly, authorization has been given by the Model for to manage the Service.
- is granted the Model’s express permission to transfer Content and personal data to destinations outside of the European Union, as required to enable to fulfil its rights and/or obligations, as seen under Clause 6.
7. INDEMNITY AND LIABILITY
- This Model Agreement has nothing that will limit or exclude ’s liability for losses that may not be limited by applicable law or lawfully excluded.
- cannot and will not be held liable for any loss, damage, costs and/or expense that is caused by equipment that is used by the Model to access and use the Service and/or third parties (see Clauses 3.5).
- , having been subject to the overall provision of Clause 7.1, will not be held liable for any damage or loss caused to the Model’s equipment, or to any data that may be recorded thereon. This includes, but is not limited to, that which results from network overload, interruption of Internet service, contention, breakdowns, technical problems, tampering with network equipment, or any other deficiencies (see Clause 8.1).
, and its employees, directors, and stockholders, will be held harmless by the Model (who shall themselves be held liable) against all and any loss, damage, costs, and expense that is indirectly or directly incurred by , and in connection with claims, of any kind, which may arise from a breach of representations, terms, and/or warranties made by Model in this Agreement. These include, but are not limited to:
- Intellectual property disputes or/and any other disputes resulting from the Model’s use and access of the Service, particularly, but not exclusively, with regard to Content that is provided to Members and Visitors;
- Information that is given to during the performance and registration process of this Agreement;
- Failure to keep account or login information confidential and secure.
- The Model completely agrees and understands that they are solely responsibility (and that has no responsibility to any third party or Model) for any Content transmitted, displayed, or created while using the Service, and for any consequences. The Model completely acknowledges and accepts that does not make any contribution, nor does it exercise any influence nor play any role, upon the Content provided by the Model via the Service.
8. EXCLUSION OF WARRANTIES
- The Model completely understands that the Service is provided 'as is' and that it does not have any warranty (of any kind) from and its licensors. It is the Model’s sole responsibility to obtain and then maintain the equipment that is required to access the Service. is not responsible for the software required to use the Service or the network (provider).
does not, in particular, warrant or represent that:
- Defects in the functionality or operation of the Service (for example, but not exclusive to, the quality of the connection between Members and Visitors and Model) will be corrected;
- The use of the Service will be timely, secure, free from error, or uninterrupted;
- The use of the Service by the Model will meet the Model’s requirements.
- The Agreement is entered into for an unspecified period of time.
- At any time, and without providing reason, each Party may end this Agreement, upon written notice.
- The License granted to the Model (see Clause 2) by will be revoked as soon as the termination is put into effect. The Service will be deactivated and the Model’s account will be suspended.
- Absent a breach of this Agreement, the terminating Party shall not incur any liability solely resulting from such termination.
- The Model will, at the time the termination comes into force, return and/or destroy the documentation and software that was provided to use and access the Service, as well as any copy of such.
- Provisions of this Agreement, whose scope and intention are designed to remain in effect after the termination, shall remain in force after such termination.
- Upon satisfaction of Clause 9.5, and absent a breach of this agreement, the Model is entitled to receive her/his remuneration calculated for all Sessions that occurred up until the termination date, unless such a termination resulted from the aforementioned Model’s fraudulent behavior. In cases such as these, every remedy that is available, and which is under the applicable law, will be reserved for against the Model, and (ii) no renumeration will be paid.
- The Model agrees that is entitled to dispose of or otherwise assign this Agreement, either in whole or in part, to a third party.
- The Model completely understands that the License (granted under Clause 2) is non-sublicensable and non-transferable. Therefore, under no circumstances will the Model transfer, sell, sublicense, assign, or otherwise dispose of the duties and rights contained within this Agreement without the written and prior approval of .
11. MAJOR FORCE
It is important to note that neither Party will be held liable to the other for failing to perform its obligations if such a failure results from circumstances that are beyond reasonable control. This includes, but is not limited to, acts of God, including flood, fire, strike, or other labor disturbance, acts of any governmental body, interruption, delay, or unavailability in third party services or telecommunications, or an inability to receive any supplies or power that is used in equipment needed for the execution of the aforementioned services.
- If a court of competent jurisdiction holds any provision in this Agreement to be invalid, unenforceable, or void, provisions shall be made to the maximum extent possible, in order to reflect the intent of the parties.
- The remaining provisions shall not be invalidated or impaired in any way and will continue in full effect and force.
- If the severability under Clause 12.2 materially changes the economic benefit of this Agreement to , Clause 12.2 shall not apply and, as such, automatic termination of the Agreement shall commence.
- At any time, reserves the right to unilaterally make modifications to this Agreement.
- The Model will be notified of any modifications in the Agreement via the Service or other means that may determine.
- The Model completely understands that the specifications of the Service and its technical characteristics can change, without prior notice, at any time.
- The Model agrees and understands that, if he/she continues to use the Service after any terms of the Agreement have been changed, they are accepting the terms of the updated version of the Agreement.
- If the Model disagrees with any modification, this may terminate the Agreement, as seen under Clause 9.2.
14. CAPTIONS AND HEADINGS CLAUSE
The headings and captions used in this Agreement have been inserted for convenience only. Please note that, since they form no part of this Agreement, they shall not be used, in any way, to interpret or construe it.
15. CONSTRUCTION CLAUSE
This Agreement will be deemed to have been drafted by both Parties. In the event of a dispute, no party will be allowed to claim that any provision should be taken against any other party because it was drafted by one particular party.
16. ENGLISH LANGUAGE CLAUSE
- This Agreement is in the English language only. The English language, in all respects, will be controlling. Further, all versions, in any other language, will not be binding upon the parties, since they are intended for accommodation purposes only.
- The Model is seen to have agreed upon and understood every single provision that is contained within this Agreement.
- All notices and communications, to be given or made pursuant to the Agreement, will be in the English language.
- According to this Agreement, any reference to a written form will be made via electronic means.
Any notice, to either party, to this Agreement will be given, in written form, to the following addresses:
- To Model: contact information, as seen in the extranet account
- Any notice given will be regarded as having been served on the day of dispatch when it is sent electronically, or, respectively, two days after posting by local mail, or five days after posting when sent by airmail.
18. APPLICABLE LAW AND JURISDICTION
- This Agreement, alongside all matters relating to or arising from this Agreement, will be governed by the substantive laws of United Kingdom, without regards to conflicts of principles and laws thereof.
Any dispute, claim, or controversy between the Parties arising out of, or relating to, this Agreement will be subject to the United Kingdom Civil Court’s exclusive jurisdiction. Therefore, each party irrevocably consents to the jurisdiction and venue of such a Court. The Model is solely and independently responsible for obeying all laws applicable to him/her and related to the use of CamLust services, regardless of purpose of use. What is more, the Model must follow all of the terms that are stated in the CamLust Acceptable Use Policy. The CamLust Acceptable Use Policy states that the Model cannot use the CamLust service for activities that:
- violate any statue, ordinance, law, or regulation.
- relate to transactions that (a) show, in violation of applicable law, the personal information of third parties, (b) support matrix programs, Ponzi or pyramid schemes, other “get rich quick” schemes, or certain multi-level marketing programs, (c) are associated with purchases of lottery contracts or annuities, off-shore banking, lay-away systems, or transactions to refinance or finance debts funded by a credit card, (d) are intended for sale before the seller has obtained possession or control of the item, (e) is by payment processors to collect payments (on the behalf of merchants), (f), are associated with the sale of money orders or traveler’s checks, (h) involve check cashing businesses or currency exchanges, or (i) involve certain debt settlement services, credit transactions, insurance activities, or credit repair.
- relate to transactions involving (a) steroids, narcotics, certain controlled substances, or other products that risk consumers’ safety, (b) drug paraphernalia, (c) items that might promote, encourage, facilitate, or instruct others to commit illegal activity, (d) stolen goods (including virtual and digital goods), (e) items that promote violence, racial intolerance, hate, or the financial exploitation of a crime, (f) items considered obscene, (g) items that violate or infringe any trademark, copyright, privacy, right of publicity, or any other proprietary right under the laws of any jurisdiction, (h) some sexually-oriented services or materials, (i) firearms, ammunition, or certain firearm accessories and/or parts, or (j) certain knives or weapons regulated under applicable law.
- violate industry regulations regarding the sale of (a) tobacco products and (b) prescription drugs, devices, or applicable laws.
- involve gaming, gambling, and/or any other activity with a prize and an entry fee. This includes, but is not limited to, sports betting, games of skill, casino games, lottery tickets, greyhorse racing, sweepstakes, and other ventures that allow gambling, unless the operator has gained the prior permission of CamLust and the customers and operator are located, exclusively, in jurisdictions where the aforementioned activities are legal.
- involve the sales of services or products that have been identified, by government agencies, to be, or have a likelihood, of being fraudulent.
19. CONTRACT AGREEMENT
By using CamLust Services, and by registering as a Model, the Model agrees with all of the Terms and Conditions that are outlined in this Agreement (contract).