Cam4 - Terms of Use

  1. Your Agreement
    • These Terms of Use apply to the web sites, web pages, interactive features, applications, widgets, blogs, social networks, social network 'tabs', or other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology, manner or means (the 'Site', or 'Cam4.com', 'Cam4Bucks.com' or 'Cam4'). It is presumed that if you are utilizing the services provided by the Cam4Bucks Site, you have decided to become a Performer and provide User-Generated Content to be shared over the Cam4.com platform. You MUST, therefore, familiarize yourself with and agree to these Terms of Use governing your use of the Cam4Bucks.com site, as well as the Terms of Use governing the Cam4.com platform, which are found at: Cam4.com/Terms. Additionally, you must adhere to all applicable local, national, and international laws and regulations that may govern your use of Cam4.com and Cam4Bucks.com.
    • The Site is offered by Surecom Corporation NV, a Curacao corporation operating as 'Cam4.com' and 'Cam4Bucks.com' and under the trade and service mark 'Cam4' owned and registered by Surecom Corporation NV, in conjunction with Granity Entertainment LTD, an Irish corporation authorized by Surecom to provide payment processing of transactions. References to 'Cam4', 'Cam4.com',, 'Cam4Bucks.com' and 'Cam4 Internet Services', are synonymous with Surecom Corporation NV's and its offerings, and are used interchangeably herein.
    • These Terms of Use govern your rights and responsibilities in connection with the Cam4Bucks Site. The term 'Site' includes the content on that Site, all of our services provided on or through the Site and any software that we make available on or through the Site (the 'Software'). You 'use' the Site anytime you access (via computer, mobile device or other technology), view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site).
    • To access the Site, you agreed to be bound by these Terms of Use, the Terms of Use of Cam4.com, and our Privacy Policy found at http://www.cam4.com/privacy/.
    • Cam4 reserves the right, in its sole discretion, to modify these Terms of Use at any time by posting revised Terms of Use through the Site. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the services following any such posted modification and notice of same constitutes your acceptance of the Terms of Use as modified.
    • These Terms of Use contain disclaimers and exclusive remedy provisions.
    • If you do not agree to any of the following Terms of Use, the rules and regulations of the Site, or the Cam4 Terms of Use and our Privacy Policy, please do not use the Cam4 Internet Services.
  2. Eligibility for Access to Cam4Bucks
    • You must be 18 years of age or older to access this Site. If the age of majority in your location is greater than 18, you must be at least that age to access the material available on this Site or to receive online services from Cam4Bucks.
    • Use of Cam4Bucks services is void where prohibited by law.
    • By using and/or viewing services provided by Cam4Bucks, you represent and warrant that you are not prohibited by law from using the offered online services and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its Terms of Use as posted here and as amended from time to time.
    • By using the services, you are making the following Statement:
    • 'UNDER PENALTY OF PERJURY I swear/affirm that as of this moment:
    • I am an adult, at least 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
    • I am familiar with the laws in my area affecting my legal right to access erotica or adult-oriented material, and I have the legal right to access such material and Cam4Bucks has the legal right to transmit such material to me in my location. It is my desire to post content via the Cam4,com Internet platform, utilizing the services provided by Cam4, and it is legal in my community for me to do so, even if the content I choose to contribute to the Cam4 site includes images of human beings in various stages of undress and engaged in sexual acts. I am fully aware that the content I am contributing to the Cam4.com Internet site is or may be of a sexual nature and I have the legal right to participate and contribute to the Cam4 community.
    • I promise that I will not permit any person(s) under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) to have access to any of the materials (including any products or features) contained within these communication services, and I will never allow anyone who is under the age of majority to appear on my web camera under any circumstances.
    • I understand that it is permissible for me to have other people on camera with me in a broadcast, but I promise that no one will appear on my camera who has not already become a registered user of Cam4.com's services.
    • I am familiar with the laws in my area concerning my ability to enter contracts and I have the legal right to contract with Cam4 and Cam4Bucks. I am aware that the content I am contributing to the Cam4.com Internet site may be of a sexual nature and I have the legal right to participate and contribute to the Cam4 community.
    • I have found Cam4 on my own. No one has solicited my involvement with Cam4 on the promise of compensation for the provision of sexual gratification. My choice to participate in the Cam4 community is a manifestation of my interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community;;
    • I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards;
    • In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
    • It is my desire to share and/or to invite others to share my own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what I am exposed to by utilizing the online services provided by Cam4, while inviting others to do the same;
    • I represent and warrant that I have not notified any governmental agency, including the U.S. Postal Service, that I do not wish to receive sexually oriented material;'
    • Under no circumstances is this Site to be utilized for any illegal activity. The site may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would or could be deemed a violation of any law.
  3. Cam4 Registration
    • If you want to become a performer and post content through Cam4, you must first join the community of content contributors at Cam4 and agree to provide true and correct personal information.
    • If the information you provide is not true and correct, you face the immediate termination of your account and you may be subject to legal sanctions.
    • You will be asked to provide a valid email address for verification purposes and quality assurance, and you agree that Cam4 may send you emails, both of a transactional nature and also for commercial and promotional purposes.
    • You will be provided with an auto-generated password which you can change later, and you will choose your own screen name which must be unique to you, not offensive to others and not in violation of another's copyright or trademark. You agree that Cam4 is the owner of all screen names you enter and provide to it. It is imperative that you do not let anyone else use your account (you must keep your password secret and secure)
    • You may never use anyone else's account, just as no one can ever use yours.
    • You acknowledge that you are solely responsible for the activity that occurs on your account, and you must immediately notify Cam4 if you believe there has been the slightest breach of security or unauthorized use of your account.
    • You will be liable for any losses incurred by Cam4 due to the unauthorized use of your account. Cam4 is not liable for your losses caused by any unauthorized use of your account and you specifically waive any such claim and agree to defend and indemnify Cam4 against any such claims made against it by third parties.
    • To the extent you voluntarily create a user profile to participate in certain select services offered by Cam4, your profile (and its contents) may be searchable by other users registered through Cam4 and others partnered or networked with Cam4. Likewise, your profile (and its contents) may be searchable by publicly available search engines.
  4. Performers and User-Generated Content
    • As a Cam4 Performer, you have decided to join the community of content contributors as a performer and submit live Audio and Video content and photographs ('User Videos') and textual content ('Chat'). User Video and Chat is collectively referred to as 'User-Generated Content.' You understand Cam4 does not guarantee any confidentiality with respect to any User-Generated Content you contribute.
    • You shall be solely responsible for your own User-Generated Content and the consequences of posting or publishing content. In connection with User-Generated Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cam4 to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all User-Generated Content to enable inclusion and use of the User-Generated Content in the manner contemplated by the Cam4 Site and these Terms of Use.
    • For clarity, you retain all of your legitimate ownership rights in your User-Generated Content, and viewers are granted nothing more than the right to view your submissions. However, by submitting User-Generated Content to Cam4, you hereby grant Cam4 a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Cam4 service and Cam4's (and its successors' and affiliates') business, including, without limitation, to promote and redistribute part or all of the Cam4 Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each viewer of the Cam4 Site (or any such alternate or additional media formats or channels) a non-exclusive license to access your User-Generated Content through the Site, and to use, display and perform such User-Generated Content as permitted through the functionality of the Site and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.
    • You acknowledge that Cam4 is acting as a mere conduit of User-Generated Content and that Cam4 is not undertaking any obligation or liability relating to any content or activity on the Site. As such, Cam4 acts merely as a host provider lacking any editorial role and is merely a forum for the expression of ideas, thoughts, and information. Cam4 is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained herein.
    • Cam4 is not responsible for any User-Generated Content that violates a community's norms or mores. Cam4 expects and demands that you comply with all federal, state, provincial and local laws when using the Site and when submitting or posting Content to the Site. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. Cam4 cannot enforce every jurisdiction's laws for all Content that is posted to this site. As such, Cam4 is not responsible for the User-Generated Content of the Site.
    • Cam4 and its administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by Cam4 is not to be construed as endorsement of any remaining content, and you expressly agree that you will never assert that Cam4 edits or amends any content for the purpose of establishing that Cam4 is a producer or author of any User-Generated Content viewed via the Cam4 services.
    • You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Cam4 or User-Generated Content transmitted to the Site. You are responsible for all your Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.
    • You agree that you may be asked to participate in the recording and preservation of your performances for the purpose of allowing Cam4 to create and distribute a 'Best of Cam4' or other such designated selection of consenting performers' User-Generated Content. It will be your choice whether or not to participate. If you 'opt-in' and allow Cam4.com to record any one of your performances, you will be advised of said recording and you will be responsible, as the 'producer' of the content, for providing current records required by 18 U.S.C. 2257, et. seq. and you will remain in control of this User-Generated Content in the area provided to you by Cam4.com. In regard to this 'best of' or otherwise designated select recording of your performances, Cam4.com is not involved in the production of the material (User-Generated Content) included in this additional service, and is involved merely in the distribution of links to this material, and is consequently exempt from 2257 record keeping requirements based on limitations described in 28 C.F.R. 75.1©(4)(ii).
    • Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password.
  5. Prohibited Content
    • A partial list of content that is illegal or prohibited includes content that:
    • Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking performer (i.e., someone who looks younger than 18, regardless of their actual age) or by a performer who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, setting or props;
    • Depicts animated or cartoon underage or child sex;
    • Exploits or solicits personal information from anyone under 18;
    • Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;
    • Discusses or arranges prostitution or escort services;
    • Depicts 'scat', human feces, human defecation, vomit, or the consumption of matter intended to look like feces or vomitus;
    • Provides content involving the impersonation of another, the threat of suicide or harm to oneself or others, bestiality (sex, actual or pretend, with animals) or necrophilia (sex, actual or pretend, with a corpse);
    • Harasses, bullies or invades the privacy of another person;
    • Is patently offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm against any individual or group;
    • May be deemed obscene in your community;
    • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • Depicts the illegal use of a gun, or drugs, or rape, real or simulated. If you cannot do it without committing a crime, do not pretend to do it.
    • Depicts violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
    • Shows any person on cam who appears to be unconscious, under the influence of drugs or alcohol, or who appears to be unaware of the presence of a spy cam;
    • Promotes illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself in any way;
    • Promotes an illegal or unauthorized copy of another's copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • Involves transmission of 'junk' mail, 'chain letters' or unsolicited commercial email or 'spam';
    • Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq. or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct;
    • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • Involves sending advertisements in chat or instant messaging messages;
    • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • Includes any file or data stream that contains viruses, worms, 'Trojan horses' or any other destructive features.
    • Promotes or solicits business for another site;
    • You agree that Cam4 may review complaints about User-Generated Content and take action upon such complaints at its sole discretion.
    • You are solely responsible for any content you post and Cam4 will investigate and take legal action, in its sole discretion, against anyone who violates these Terms of Use, including removal of the offending post from the service and termination of your account.
  6. Additional Performer Rules
    • Performers shall not stream their Cam4 performance on any other site, under any circumstances.
    • 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.
    • Performers may exchange information with members of Cam4, including contact information, but Performers MAY NOT use members' information to provide webcam shows or receive payments outside of the website. If a Performer sells something to a member, e.g., underwear, or performs any other miscellaneous transaction, the sale must be arranged to be exchanged for Tokens.
    • Performers are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but Performers MAY mention their own profiles, homepages and wishlists.
    • Performers are not allowed to ask for members' account information or to log in using accounts that do not belong to them.
    • Performers trying to deceive members by playing recorded video instead of actually performing live on webcam will be immediately banned, and any tipped Tokens will be forfeited.
    • As with registered Users, any Performer who has not logged into Cam4 in the past 12 or more consecutive months, may find their account terminated and Tokens forfeited. Likewise, any Tokens tipped to or purchased by a Performer will be expired if not redeemed or used within 12 months of receipt or purchase, and your Token and Tips balances will be forfeited if you are terminated for violating these Terms of Use.
  7. Viewer Tokens And Performer Tipping
    • Registered Users can purchase Tokens in various pre-determined quantities, for pre-determined amounts, at the sole discretion of Cam4. Tokens may be used to purchase gifts and memberships and they may be given to Performers as Tips.
    • Tokens and Tips are not money, they have NO redemption value and are for entertainment purposes only. Cam4Bucks commingles all Tokens and Tips, which is to say we are not holding them in trust or segregating them by individual User accounts. Your Token balance and your Tip balance is updated in your account and may be viewed at any time by logging into Cam4Bucks.com.
    • Unused Tokens and unused Tips are not eligible for any refunds except as expressly set forth herein.
    • Tokens you purchase are spent from your account in the order received, so the Tokens you bought first are spent first.:
      • Any Tokens or Tips not used within 12 months of purchase or receipt will expire and be cancelled from your account.;
      • If you do not log into Cam4 for 12 or more months, your Tokens and any Tip balance will expire and your account may be closed.;
      • Cam4 may modify the number of Tokens or Tips held in your account for any reason(s), including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, account inactivity, credit card association or bank penalties or fines, or mere technical errors.
      • If Company terminates your membership because you have breached this Agreement you will not be entitled to any refund of any unused subscription fees or Tokens or Tips and you thereby agree to waive any claim to such a refund.
    • Tipping is 100% optional. You are not required to tip Performers. Please remember that tipping does not change the rules for what Performers are allowed to do on the Site. Tips are gifts and not bribes so please do not send Tips and then demand something in return, that's not fair to the Performers.
    • Please review the partial list of content that is illegal or prohibited (5. Prohibited Content), as it is forbidden to ask a Performer to engage in any of these activities. If you do so, your account is subject to immediate termination which will result in the forfeiture of your Tokens and Tips.
    • As in real life tipping of a gratuity, once Tokens are tipped to a performer, it is a gift and the Tokens cannot be retrieved or returned.
    • EXPIRED OR CANCELLED TOKENS. If your account is terminated by you voluntarily or by Cam4 as a result of inactivity or for any other reason, or if your Tokens or Tips are otherwise expired or cancelled by Cam4, and you had a positive Token balance, the Tokens will be forfeited. There are no refunds of purchased Tokens or Tips.
    • Tokens that are tipped to Performers may be converted back to Tokens and used to purchase memberships or gifts, or to tip other Performers, or they may be redeemed in accordance with Cam4.com's rules and regulations concerning the redemption of Tips, as found at http://www.cam4bucks.com. Tokens and Tips have NO value in and of themselves, they are and remain the property of Cam4 and they can be redeemed only at Cam4's discretion and only AFTER the Performer requests redemption and provides Cam4 with all necessary information, at Cam4's sole discretion.
    • A Performer's Account Management Tool may, at Cam4's discretion, present a visual representation of the then current potential redemption value of Tokens tipped to you. Cam4 is not holding these Tip amounts in trust for you, is not segregating these amounts and in fact does comingle Token and Tip values and will redeem Tips only at its sole discretion.
    • If you are a Performer who has received Tips, you agree that you have received no consideration and that no value has been transferred to you until you have requested that your Tips be redeemed, you have provided all the information asked of you by Cam4Bucks, and Cam4Bucks has agreed to redeem your Tips.
  8. Fraud
    • Any attempt at fraud will result in a permanent ban, without payment. (e.g. working together with a customer or 'hacker' to accept private shows paid for with stolen credit cards, or tipping for the purpose of subverting the non-refundability preclusion). Cam4 will not tolerate the use of Tokens to perpetuate a fraud upon Cam4, its Users or Performers, and will vigorously prosecute any such attempts.
    • Performers are required to report all such suspicious activity, or the performer may be considered complicit, and subject to termination, Token and Tip forfeiture, damages and criminal prosecution..
  9. Information Retention
    • Cam4 asks for your email address and other personally identifiable information when you register to allow you to tip and chat with Performers or when you join the community of content contributors. In that case, we will retain your email address and billing information until your account is terminated. We Do Not Sell Email Addresses To 3rd Parties And We Do Not Spam Email Addresses. Please see our privacy policy at http://www.cam4.com/privacy/
  10. CAN-SPAM ACT 15 USC §7703 et. seq.; Newsletters, Correspondence, and Opt-out Policy
    • Cam4 may send e-mails or other notices regarding new services, promotions, or other information that may be of general interest. These communications may include transactional information, but they may also be of a commercial nature. You are agreeing to receive commercial email when you agree to use the Site and enter the Site. Users who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their account. We will comply with all requests for removal. Our email policies and practices are certified by Return Path.
  11. Digital Millennium Copyright Act
    • If you are a copyright owner or an agent thereof and believe that any content on Cam4 infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ('DMCA') by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      Cam4's designated Copyright Agent to receive notifications of claimed infringement is: Paul T. Eidsness, Eidsness Law Offices, PLC, 1217 Cape Coral Parkway East, Ste 346, Cape Coral, FL 33904-9604 with copy to Paul@Eidsnesslaw.com. You acknowledge that if you fail to comply with all these requirements, your DMCA notice may not be valid.
    • Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      If a counter-notice is received by the Copyright Agent, Cam4 may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cam4's sole discretion.
  12. Warranty Disclaimer
    • You agree that your use of the Cam4Bucks Site shall be at your sole risk. To the fullest extent permitted by law, Cam4Bucks, its parent corporation, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Cam4 makes no warranties or representations about the accuracy or completeness of the Site's content or the content of any sites linked to this Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Cam4 Site. Cam4 does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Cam4 website or any hyperlinked website or featured in any banner or other advertising, and Cam4 will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
  13. Limitation of Liability
    • By agreeing to use the Internet services offered by Cam4Bucks, you agree that Cam4Bucks, its parent corporation, its officers, directors, employees, and agents are immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act, as to any content and nothing in these Terms of Use is intended to waive or diminish such immunity. You understand and expressly agree that Cam4 reserves the right to monitor some, all, or no areas of the Site for adherence to these Terms of Use or other rules that may be published from time to time and may delete any content, User-Generated Content or profiles that in it sole judgment violates these Terms of Use. In no event shall Cam4, its parent company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Cam4 Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. Cam4's liability in any case shall not exceed the sum of $500.00USD. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Cam4, its parent corporation, its officers, directors, employees, or agents shall not be liable for User-Generated Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
  14. Indemnity
    • You agree to defend, indemnify and hold harmless Cam4, its parent corporation, officers, directors, shareholders, employees and agents, server maintenance and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Cam4Bucks Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User-Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Cam4 Site or services.
  15. Section 2257 Exemption Statement
    • Content Produced by Third Parties: The operators of Cam4 are not the 'producers' of any depictions of any actual or simulated sexually explicit conduct. To the extent that any such content appears on this Site, the operators' involvement with respect thereto is limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the Site under the users' control. As such, Cam4 is exempt from the record keeping requirements of 18 U.S.C. 2257.
      • Cam4 Performers, the third party 'producers' of actual or simulated sexually explicit conduct, are responsible for maintaining the age verification documentation required by Title 18 U.S.C. 2257. A 2257 Form can be found here.
      • Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), the operators of this Site reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service. Questions or comments regarding this Exemption Statement should be addressed to our staff. http://www.cam4.com/contact-us
  16. Jurisdiction and Choice of Law Agreement
  17. These Terms of Use shall be governed by and construed in accordance with the laws of the Country of Curacao, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the courts of Curacao, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
  18. Assignment
  19. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cam4Bucks without restriction.
  20. General
  21. You agree that: These Terms of Use, Cam4.com's Terms of Use and the Privacy Notice at http://www.cam4.com/privacy/ and any other legal notices published by Cam4 on its Sites, shall constitute the entire agreement between you and Cam4 concerning the Cam4 online services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Cam4's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND SURECOM CORPORATION NV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CAM4 ONLINE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  22. Term and Cancellation Policy
    • This Agreement shall have an initial term of one (1) year and shall be extended for additional one (1) year term(s) (the 'Renewal Term') anytime that you enter the Site. Unless terminated, this Agreement shall be automatically extended for additional one (1) Year term(s) upon expiration of the previous term.
    • Cam4 reserves the right to terminate this Agreement for cause at any time. This agreement may be terminated by an e-mail from you to Cam4, or by an e-mail from Cam4 to you, or by the deactivation of your account or username at the Site by Cam4.
    • All rights granted by you to Cam4 during the term of this Agreement shall survive the termination of this Agreement by either party. You acknowledge that Cam4 shall not be liable to you or any third party for any termination of your access to this Site.
    • Cam4 reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Cam4 believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.
    • Even after this Agreement is terminated, its provisions will remain in effect.
    • Upon termination you will not be entitled to any refund of any unused subscription fees, Tokens or Tips.
    • You can cancel your account, at anytime, for any reason, directly with our billing companies, or by contacting Customer Support at: http://www.cam4support.com.
  23. Refund Policy/Questions
  24. Cam4 is dedicated to customer satisfaction; whenever possible we want to solve any problem or questions you have with any of our services. If at all possible we'd like to help resolve any problem you have. Please email us for assistance! http://www.cam4.com/contact-us
  25. Privacy Policy
  26. Use of Cam4 Internet services is governed by a Privacy Policy, located at http://www.cam4.com/privacy/
  27. Copyright and License
  28. This 'Terms of Use' is copyrighted by Surecom Corporation N.V., and is fully licensed for use by this Site. If you wish to lawfully use this Terms of Use on your website, contact support@cam4.biz for licensing information.
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