Members who wish to become models ("Models") must agree to be bound by the following terms and conditions by clicking their agreement online, provide CamCity certain basic information, and certify that they are at least eighteen (18) years of age (21 where the age of majority is 21).
Models are required to provide CamModelManagement with age verification documents and a signed copy of this agreement by email (in .pdf format) or via facsimile before they are able to broadcast video or receive payments.
This is a legal contract between CamModelManagement.com (hereinafter referred as "CamModelManagement.com"), and Models who have affirmatively agreed to these terms and conditions and has subsequently signed and delivered a signed copy of this agreement to CamModelManagement.com.
WHEREAS, CamModelManagement.com owns or manages one or more websites which provide live interactive services, including https://www.CamModelManagement.com (hereinafter "the Websites)";
WHEREAS, CamModelManagement.com has created the Websites, where independent individuals known as Models may upload and post photographs, video content, biographical information, contact information and other textual content created by the individual Model (hereafter collectively referred to as "Model Content"); and
WHEREAS, Model wishes to broadcast live video and possibly audio content on the Internet through the Websites from his or her personal webcam and microphone (hereinafter "Performances") and to interact with members and sometimes with guests of the Websites;
WHEREAS, Model has expressed interest in contracting with CamModelManagement.com, on the terms set forth herein, in order to allow Model's Performances on the Websites;
NOW, THEREFORE, in consideration of, and as a condition of, CamModelManagement.com allowing Model to appear on the Websites, and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
The CamModelManagement Member Terms and Conditions ("Member Agreement") are incorporated herein by reference. All definitions set forth therein shall be applicable to this agreement. All Models must be Basic Members of a CamModelManagement Website and are subject to the Member Agreement and the terms and conditions set forth herein.
In consideration for, and as a condition of, CamModelManagement.com allowing Model to appear on the Websites, Model hereby grants to CamModelManagement.com a perpetual, irrevocable, exclusive license, all rights and copyrights, and any future obtained rights, to use in any and all possible ways the Licensed Work, Related Licensed Content, Derivative Works, and names, likenesses, voices, and personas of Model, including without limitations, all images and videos of Model(s) and the Performances including all audio and text pertaining to or provided by Model, everywhere in the universe, in any medium and by any means or technology now known or hereafter developed, including but not limited to via wide area computer networks and the Internet.
As full compensation for the license rights and other rights granted to CamModelManagement.com by Model under this Agreement, CamModelManagement.com agrees to pay Model, during the term of this Agreement as follows:
3.1 Internet visitors to the Websites (hereafter "Customers") purchase and use credits called "Tokens". Customers transfer Tokens to Model as provided in the Member Terms and Conditions which are incorporated herein by this reference.
3.2. CamModelManagement.com shall pay Model for all Tokens transferred to Model at the current rate of USD $0.05 per Token when the amount to be paid to Model exceeds a minimum amount to be reasonably determined by CamModelManagement.com.
3.3. AS A PRECONDITION TO THE RIGHT TO RECEIVE PAYMENT, MODEL MUST HAVE PROVIDED TO CamModelManagement.COM TRUE AND CORRECT AND LEGIBLE COPIES OF TWO CURRENT FORMS OF IDENTIFICATION, ONE OF WHICH MUST CONTAIN MODEL'S PICTURE AND BE ISSUED BY THE GOVERNMENT OF MODEL'S RESIDENCE (e.g. passport or driver’s license) WHICH REFLECTS MODEL'S TRUE AND CORRECT AGE AND CONTAINS AN IDENTIFICATION NUMBER. MODEL MUST ALSO HAVE FURNISHED CamModelManagement.COM ALL NAMES, OTHER THAN THE MODEL'S LEGAL NAME, EVER USED BY THE MODEL, INCLUDING THE MODEL'S MAIDEN NAME, ALIAS, NICKNAME, STAGE NAMES, OR PROFESSIONAL NAMES WITH AN IDENTIFICATION OF THE NAME MODEL WILL USE ON THE WEBSITES.
3.4. CamModelManagement.com may, at its sole discretion, adjust or deduct Tokens from payment to Model, at any time, without prior warning or notification. The most common reasons for token adjustments include, but are not limited to, customer chargebacks or refunds relating to dissatisfaction with online services provided by Model, fraud, and technical errors.
3.5. Payment schedule: Every month is divided into 2 pay periods: the first pay period is from the 1st to the 15th day of the month (inclusive), and the second pay period is from the 16th to the last day of the month (inclusive). Days begin at 12:00:01 AM Eastern Time and end 11:59:59 PM Eastern Time. CamModelManagement.com will make every effort to pay Model within 7 days of the end of each pay period and no later than within 28 days of the end of each pay period, if the balance exceeds the minimum required for the payment method chosen. If the balance does not exceed the minimum, the balance will carry forward to the following period, and so on. Initial payment to be 2 weeks delayed
3.6. CamModelManagement.com may, at its sole discretion, and for any reason and at any time, adjust or change the rates in Paragraph 3.1 and Paragraph 3.2, adjust or change the payment schedule in Paragraph 3.5, or any other rates, fees, schedules or conditions as they relate to the Websites, Customers, and Models. Model is responsible for monitoring the current rates and fees and other payment information on such location or any successor location posted there.
3.7. All commissions or fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
The Model herself or himself shall be the only Model, and the Model shall not, under any circumstances, allow anyone else to provide Performances on behalf of Model. The Model shall not, under any circumstances, allow anyone else access to any accounts Model has established with CamModelManagement.com, or share login information, passwords, data or account information with anyone else. CamModelManagement.com reserves the right to block the broadcast of any Model or Model for any reason, at any time.
Model acknowledge and agree that participation as a Model on the CamModelManagement.com are subject to the following limitations:
5.1. Only persons at least eighteen (18) years old may become a Model. Model shall have provided CamModelManagement.com with proof of Model's age and legal name by providing CamModelManagement.com one of the following original documents (originals will be returned), or, at the option of CamModelManagement.com, a true, correct and legible copy of your passport, or other government issued identification with legal name, date of birth and recent picture. Model shall also provide CamModelManagement.com with a list of all other names you have used or are currently using including, without limitation, your maiden name, professional name or stage name(s).
5.2. CamModelManagement.com shall at all times have the right, in its sole and absolute discretion, to terminate the Model program, to cease operating the Websites, to change the nature and operation of the Websites, and to change or terminate any and all benefits relating to participation as a Model at any time and may do so with or without prior notice or cause.
5.3. CamModelManagement.com, in its sole and absolute discretion, shall have the right at any time to change or modify the Model Program and any of its terms and conditions by posting such changes on CamModelManagement.com, effective immediately upon posting.
5.4. CamModelManagement.com has the sole and absolute right and discretion to terminate Model and any other person's participation in the Model Program at any time and may do so with or without prior notice or cause.
5.5. Model shall have the right to withdraw and terminate participation in the Model Program at any time, but all intellectual property rights Model has granted to CamModelManagement.com shall survive such termination.
5.6. Model shall not use the Websites for the purpose of promoting websites or services other than those maintained by CamModelManagement.com, unless specifically authorized by CamModelManagement.com. Model shall not, whether individually or in concert with others, solicit or divert or attempt to solicit or divert any business from CamModelManagement.com.
5.7. Model shall not misrepresent any of the services provided by CamModelManagement.com, nor make any false or misleading statement to anyone about the service offered by CamModelManagement.com pursuant to this Agreement.
5.8. Model shall not violate any third-party rights, trademarks, or copyrights, in any way, in the Performances, Licensed Work, Related Licensed Content, or in any other interaction with CamModelManagement.com.
As a material inducement for CamModelManagement.com to enter into this Agreement, Model represents and warrants:
6.1. That Model owns all rights and title and interest in the Licensed Works and Related Licensed Content sufficient to lawfully and fully convey and grant all the rights to CamModelManagement.com set forth herein, and that all use of the Licensed Works, Related Licensed Content, and Derivative Works consistent with the rights granted to CamModelManagement.com in this Agreement shall not infringe, violate or misappropriate any person's or entity's rights of any kind, including, without limitation any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any right subject to 17 U.S.C. Section 106A.
6.2. That Model has, and at all times during the Term of this Agreement, shall continue to have, the full right of authority to grant all rights to CamModelManagement.com in and to the Licensed Works, Related Licensed Content, and Derivative Works as set forth in this Agreement, and to perform all other obligations, warranties and indemnifications set forth in this Agreement.
6.3. That Model is not less than eighteen (18) years old.
6.4. That Model has researched, understands, and will comply with all laws and legal restrictions in effect in the location Model resides, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually-explicit content and associated record-keeping requirements, as applicable.
6.5. That the following acts, both actual and simulated, are prohibited under this Agreement and are forbidden in connection with the Licensed Work and Performance by Model and shall not be present in any of the Licensed Work and Performance by Model: any portrayal of Model that suggest or imply that the Model is under the age of eighteen (18) years of age; actual or simulated: bestiality; fisting; urination/defecation; necrophilia; sado-masochistic abuse or bondage; torture; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids; any products displaying any third party trademark or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto. Without limiting the foregoing, Model shall not directly or indirectly, broadcast any of the following content or material on CamModelManagement.com's Websites or link any such material to the Websites through any hyperlinks maintained or created on Model's materials posted on or advertising the Websites or the Performance:
a. Obscene material, including without limitation any material depicting bestiality, rape or torture.
b. Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;
c. Any material not fully in compliance with the age verification and record keeping requirements of 18 U.S.C. Sec. 2257 et seq., and its related regulations.
d. Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking Model (i.e. someone who looks younger than 18 years of age), or by a Model who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
e. Any material that is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
f. Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or
g. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
6.6. That all Licensed Works are fully compliant with all requirements set forth at 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. and that Model possesses and maintains Age Verification Documentation required by 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. in a form acceptable to CamModelManagement.com and that Model shall continue to maintain originals of such documents in the manner and for the duration of this Agreement plus a term of seven (7) years or the length of time required by law (whichever is longer), and that Model shall provide to CamModelManagement.com an accurate and legible copy of such documentation immediately upon request.
6.7. That during the Term of this Agreement, and for a period of no less than seven (7) years after the Termination of this Agreement, the Model will act as the "Custodian of Records" as defined in 28 CFR Part 75 et seq. and will maintain all records as required by 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. at the primary address of Model.
6.8. That Model and Model's associates, employees, employers, and affiliates shall NOT, under any circumstances, solicit from any Customer any personal or private information including but not limited to Customer's real names, addresses, accounts, billing or payment information, and usernames or passwords, nor use the Customer in any way for unfair personal gain or benefit.
6.9. That Model will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting for the purpose of directing or referring users to CamModelManagement.com's Websites. Model further acknowledge and agree that CamModelManagement.com has the right to immediately, and without notice, terminate your participation as a Model if we, in our sole and exclusive judgment, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming." NOTE: CamModelManagement.com HAS ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION AS A MODEL WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN ANY PROGRAMS RELATING TO THE WEBSITES NETWORK OR THE CamModelManagement.COM’S WEBSITE, AND ALL FUNDS OTHERWISE DUE TO YOU UNDER THIS AGREEMENT WILL BE FORFEITED TO CamModelManagement.COM.
6.10. If we provide Model with any banners or other promotional or advertising materials of any kind, Model will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to Model by CamModelManagement.com pursuant to this Agreement in whole or in part, in any manner, at any time anywhere in the World except as expressly authorized in writing by CamModelManagement.com.
6.11. That Model shall cease to be a Model in good standing and shall be subject to immediate termination of all benefits and rights granted to Model by CamModelManagement.com under this Agreement, without prior notice, if Model fails to perform under, or breaches any covenant, representation or warranty set forth in this Agreement.
6.12. That if participation as a Model is terminated for any reason, Model cease to be a Model in good standing, Model shall immediately and permanently cease all use of all materials provided to Model by CamModelManagement.com through the Model program, if any, and that Model will remove all files containing materials provided to Model by CamModelManagement.com, and cease using any CamModelManagement.com Trademarks or Trade names.
6.14. That all warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
7.1. Model shall have no responsibility to monitor, supervise, alter or review, and shall not be responsible for Model Content of any nature appearing or otherwise distributed on, at or in association with the Websites, including without limitation any photographic or graphic content, audio content, recorded video or film content or live video content which Model may provide as a Model or otherwise. Model assumes the full and sole responsibility and liability for the decision to display or include content on CamModelManagement.com's Websites, to distribute or make the content available to the viewers of CamModelManagement.com's website in various geographical areas, and for all decisions relating to the manner in which Model permits or restricts access to Model services
7.2. Although CamModelManagement.com does not exercise editorial, review, supervisory or management of Model Content or Model Services, Model acknowledges that CamModelManagement.com reserves the right, but not the obligation to inspect from time to time any advertisements, public postings and messages, Model Content and Model sessions on the CamModelManagement.com's Websites to ensure that they conform to the content guidelines and policies of CamModelManagement.com's Websites and this Agreement or in response to a complaint. Model further acknowledge that CamModelManagement.com reserves the right, but not the obligation, in the exercise of CamModelManagement.com's sole and absolute discretion, without any requirement of prior notice to remove any Model Content that CamModelManagement.com deems objectionable, contrary to this Agreement or illegal.
7.3. Any Benefits or rights to which Model is entitled under this Agreement are not transferable by Model and may be used only by Model in association with Websites while Model is participating as a Model in good standing, under the terms of this Agreement, with the Websites.
7.4. All materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to Model by CamModelManagement.com as part of the Model Program, if any, shall remain the property of CamModelManagement.com and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by CamModelManagement.com in writing.
8.1. Model acknowledges and agrees that he or she is an independent contractor. Nothing in this Agreement is intended by CamModelManagement.com or Model to create or constitute a joint or collaborative venture or partnership of any kind between Model and CamModelManagement.com, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between Model and CamModelManagement.com, its employees, agents or assigns.
8.2. Model acknowledges and agrees that Model shall have no control or ownership interests of any kind in the CamModelManagement.com business or the Websites.
8.3. Model acknowledges and agrees that CamModelManagement.com has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by Model on, at, or in association with any of the live video content or communication streamed by Model on the Websites except as specifically set forth in this Agreement. CamModelManagement.com shall not exercise selection or alteration of any Video Chat services. However, as elsewhere provided, CamModelManagement.com reserves the right to immediately terminate a Model for any reason including, without limitation, violation of these terms and conditions.
8.4. Model further acknowledge that neither CamModelManagement.com nor any employee, associate, agent, assign or successor of CamModelManagement.com shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with Websites, or any of the live video content or communication streamed by Model, and that Model shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content.
8.5. Model is responsible for the payment of all government, state, and local taxes, levies or any other similar fees for monies received for services rendered on the Websites.
9.1. All services are provided by CamModelManagement.com on an "as is" and "as available" basis, without warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose, or warranties or guarantees of profitability, or any other warranties or guarantees of any kind whatsoever, whether expressed or implied. Model hereby agrees to assume sole responsibility for all risks, consequences and damages of any kind resulting from its interaction and association with the Websites or CamModelManagement.com; including, but not limited to, risks associated with the publicity of appearing on the Websites, such as the risk of recording, piracy, unauthorized dissemination, or publicity of the Licensed Works, Related Licensed Content, Derivative Works, or the publicity of the identity of Model.
9.2. Neither CamModelManagement.com, nor any persons or entities associated with CamModelManagement.com, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages from any claims, demands, or actions arising out of or connected with this Agreement.
9.3. Model further agrees that in the event that Paragraph 9.2 of this Agreement is invalidated, CamModelManagement.com's entire liability for any claim for damages against CamModelManagement.com arising out of this Agreement, whether grounded in contract or in tort, shall be limited to liquidated damages in the amount of $100 USD (One Hundred Dollars) and no more.
10.1. This Agreement shall be effective immediately upon a Member's uploading content to the Websites and shall continue until the last day of any month during which Model appears on the Websites.
10.2. Notwithstanding Section 10.1, Model and CamModelManagement.com each reserve the right to terminate this Agreement at any time, for any reason, with or without cause. This agreement may be terminated by an e-mail from Model to CamModelManagement.com, or by an e-mail from CamModelManagement.com to Model, or by the deactivation of the Model's account or username at the Websites by Model or CamModelManagement.com.
10.3. All rights granted by Model to CamModelManagement.com during the term of this Agreement shall survive the termination of this Agreement by either party.
11.1. Confidentiality. During the Term of this Agreement and for a period of five (5) years after the termination thereof, each Party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof that has been disclosed by one party to the other party during the term of this Agreement. Proprietary information of CamModelManagement.com includes but is not limited to the following aspects of CamModelManagement.com, its the Websites, software, employees, customers, affiliates, and service providers: functions, features, options, preferences, programming code, style, colors, layouts, "look and feel", costs, profitability, statistics, data, and any other information in any way relating to CamModelManagement.com or how CamModelManagement.com conducts business. Model agrees that the liquidated and conclusive amount of damages from any breach of Model's duties imposed by this confidentiality agreement will be fifty thousand dollars ($50,000 USD) per action.
11.2 Non-circumvention. During the Term of this Agreement and for a period of three (3) year after the termination thereof, Model agrees that neither Model nor any person under control or authority of Model shall circumvent or attempt to circumvent CamModelManagement.com to form or attempt to form any business relationship with any of CamModelManagement.com's employees, affiliates, or sub-licensees, or Customers, that harms, injures or diminishes CamModelManagement.com and/or the benefits that CamModelManagement.com might reasonably expect to enjoy pursuant to the rights granted to CamModelManagement.com in this Agreement. Model agrees that the liquidated and conclusive amount of damages from any breach of Model's duties imposed by this non-circumvention agreement will be fifty thousand dollars ($50,000 USD) per action.
11.3. Specifically included in Paragraph 11.2 is any action by Model or anyone associated with Model to contact or attempt to contact any Customer of CamModelManagement.com with the intent to advertise other products or services, solicit money or goods, offer video and/or chat interaction not on the Websites, or any action that in any way diminishes the business prospects of CamModelManagement.com as they relate to the Customer.
Model shall indemnify and hold CamModelManagement.com harmless from any and all claims, actions, demands, suits, losses, damages and litigation expenses of every kind, including reasonable attorneys fees and costs, resulting from, Model's actions or inactions in connection with or relating to the Websites, or from Model's breach of any covenants, representations or warranties set forth herein.
13.1. "I allow CamModelManagement.com to use my Performances, stage name, likeness, persona, voice, pictures, chat, video, audio, and anything else associated with my interaction with CamModelManagement.com (collectively my "Appearance") in any way, throughout the universe, in perpetuity, and without limitation. I grant and assign to CamModelManagement.com all rights, title, interest and copyrights associated with my Appearance. I agree that CamModelManagement.com may edit my Appearance in any way and I agree that CamModelManagement.com has no obligation to use my Appearance. I agree that the rights hereby granted to CamModelManagement.com also extend to CamModelManagement.com's subsidiaries, successors, licensees, and assignees."
13.2. "I hereby release and discharge CamModelManagement.com and its subsidiaries, successors, assignees, and licensees from any and all claims, demands or cause of action that I may have, whether for libel, Copyright, violation of my right of privacy or publicity, or any other matter arising out of in any manner connected with the use of my Appearance or the exercise of the rights granted herein. I hereby verify that all statements, warranties, and other information given by me are true and accurate, and I agree to be legally responsible for any claims arising from such statements and warranties. I acknowledge and agree that this Release, agreement, or contract shall not be subject to the terms of any union or guild agreement and that no sums will be due to me in connection with the use or reuse of my Appearance except as expressly set forth herein. I understand that CamModelManagement.com is proceeding upon the terms set forth herein, and I may not revoke this Release at any time."
13.3. "I am eighteen (18) years of age or older. I am of sound mind and body. I am not under the influence of drugs or alcohol. I am acting of my own free will and I do not believe that I am violating any moral standards of my community. I fully understand the contents of this contract and I am legally able to execute this contract."
14.1. Notices. Model may serve official notices to CamModelManagement.com by sending an e-mail to the following e-mail address: [email protected] CamModelManagement.com may serve official notices to Model by sending an e-mail to the e-mail address on the Model's account. CamModelManagement.com may also serve official notices to Model through information posted in "news" sections within the administrative areas of the Websites accessed by Model. It is the responsibility of Model to monitor and review the "news" sections. All notices shall be legally binding upon within one (1) business days after being sent.
14.2. This Agreement sets forth the entire agreement between the Parties and supersedes all other written or oral agreements. If any provision of this Agreement is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of this Agreement.
14.3. Nothing herein shall be construed to limit or prevent either Party's abilities to conduct their respective business with respect to matters not subject to this Agreement. The Parties have read, understand and hereby execute this Agreement as of the time and date (as recorded by CamCity.com) of when Model clicks the button below to indicate the signature of Model, and this time and date shall constitute the "Date of Execution" of this Agreement. The "Effective Date" of this Agreement shall be time and date that Model first logged in to the Websites, the time and date of the first Performance on the Websites, or the "Date of Execution" of this Agreement, whichever is earliest. Facsimile, scanned or digital signatures, or affirmation via Internet or computer, shall be binding upon receipt.
"By clicking this checkbox, I certify under penalty of perjury that I have read and fully understand the contract set forth herein, that I have provided my true and accurate name and date of birth, and that I understand and agree that this will serve as my legally-binding digital signature to this contract."
Physical signature to accompany age verification documentation to CamModelManagement.com:
_______________________________________________________________ (sign here)