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Acuerdo Independiente de Emisor/a
Acuerdo Independiente de Emisor/a
By entering into this Agreement you understand that you are requesting
permission to access the software facilities operated by VTS Media Inc. to
stream your live, interactive webcam shows as well as to upload and
distribute recorded content (such as videos, images and chat texts) to other
users of this Platform. You therefore acknowledge that the Platform will only
provide you with the technical functionalities necessary for you to market
your own content, and that therefore the Platform will not be liable for any
of your actions or inactions or those of other Independent Creators, Users or
third parties. As described in more detail in the Terms and Conditions of
this Platform, the Platform and its Website (as defined here) constitute an
online Platform that provides social media-like services, including a chat
with text and image options through which anyone accessing the Platform
(whether it be a “Member of the Community” or a “User”) shall create and
share online with fellow Community Members audio and video files as well as
live streaming which may include, a the Member of the Community’s election,
adult content. The Platform allows for the live broadcast of this Content as
well as the communication between the Independent Creator and the Members of
the Community allowing them to share entertainment and interaction by
supplying the required software for the live broadcast of such content. VTS
Media Inc operates the Website Platforme which simply manages the technical,
organizational and contractual frameworks required to provide you and let you
use the content; in other words, the Platform only works to maintain and
develop the technical means that allow you to see the content published by
other Users and Independent Creators, and to let you interact with the
Independent Creators during their live-streaming interactive sessions.
1. LEGAL AGE
By signing this document you, the Independent Creator, confirm that you have
reached the age of majority in your jurisdiction, which will be at least 18
years of age or the legal age in your location (i.e. “Age Majority”),
whichever figure is higher, and that you are under no national, regional or
local legal provision that might somehow prohibit you from entering this
agreement. IF THAT IS NOT THE CASE, PLEASE CLOSE THIS DOCUMENT AND LEAVE THE
WEBSITE IMMEDIATELY.
The Independent Creator hereby guarantees and attests that their date of
birth is 15/12/1993, and that all the private information (including, but not
limited to, an official and valid ID showing the Independent Creator’s real
date of birth) that they have provided the Platform with when signing this
Agreement or at a later date, is true, accurate, complete and up-to-date.
Using our Platform in any way whatsoever to engage in, take part in, assist,
support or somehow facilitate any act of prostitution (to prostitute yourself
or a third party), sex trafficking of children or adults or paedophilia is
strictly prohibited. This prohibition includes, but is not limited to:
Exchanging any personal contact information with one or more of our users or
have some kind of communication with them which could potentially result in a
face-to-face meeting involving you and any other user(s);
Discussing in any way with one or more of our users any type of transaction
whatsoever, whether monetary or otherwise, involving the use of any service
or interface not provided by the Website;
Forcing anyone to perform on our Website for any reason whatsoever or forcing
them to somehow take part in it;
Remember that we will fully cooperate with any criminal investigation carried
out by any official authority regarding any case of suspected prostitution,
sex trafficking or paedophilia.
If you witness any suspicious situations, or if you are actually the victim
of such actions, please get in touch with us immediately at info@vtsmedia.com
The Independent Creator hereby acknowledges and accepts that the Platform
allows them to license and distribute the Content directly to the Members of
the Community that choose to watch said Content, and that We are not liable
for the actions or inactions of any Member of the Community in connection
with the Content. The Independent Creator shall be the only responsible party
for any legal liability arising from the creation or distribution of their
Content. Therefore, we are not responsible for the Independent Creator’s
Content because our business is not (and will not be) the creation of
Content, so consequently we cannot be held responsible for anything regarding
the Content or any activity on our Website. We are not responsible for any
inaccurate, incorrect, offensive, inappropriate or defamatory Content that
may be released or shared on the Platform.
You will in all circumstances and scenarios be the only responsible of the
legal obligations that might arise from this agreement in your jurisdiction,
including, but not limited to, having your own valid business license, paying
your own taxes and taking all the necessary steps to ensure that you are
legally operating as your own separate legal entity.
You hereby warrant that you are the only responsible for legally obtaining
and keeping up-to-date all business licenses, certificates, registrations or
any other documents or permits required by national, regional or local laws
relating to you generating any revenue by taking advantage of any features of
your website, and that you are as well the only responsible for the payment
of taxes under the applicable laws. You are also responsible for maintaining
appropriate workers’ compensation coverage or insurance for you and any of
your employees.
You also warrant that you maintain your business premisses separate from
those from VTS Media Inc, or maintain a portion of the Independent Creator’s
own residence for conducting your business; that you keep all your legal
obligations related to such premisses up-to-date; and that you have yourself
purchased the necessary equipment to conduct your business.
This agreement shall come into effect upon the Independent Creator’s proper
submission of this document and all required information and documentation
and the Platform’s full approval of said submission, and it will remain
enforceable until terminated by one of the parties.
You, the Independent Creator, will have the right to terminate this agreement
at any time by providing written notice to Us, with the termination being
effective on the 16th day of your submission of the written notice. We may
terminate the agreement and cancel your account at any time, at our sole
discretion, with immediate effects, for any reason whatsoever or for no
reason at all, including but not limited to: (1) Your breach or non
compliance with this agreement, with the terms and conditions of the website
or with any other applicable document; (2) Your acts or omissions
constituting an illegality, dishonesty, fraud, misinterpretation, theft or
breach of confidentiality,; (3) Your acts or omissions hindering VTS Media
Inc’s or any of our related entities’ business, goodwill or reputation; (4)
You being convicted for or suspected of a crime constituting a felony or
gross misdemeanor under local, state or federal law.
In case of termination of this agreement, both parties agree to pay off any
financial obligations or debts they may have with each other within 30
calendar days after the termination comes into force.
YOU UNDERSTAND AND AGREE THAT WE MAY WITHHOLD AS A PAYMENT FOR ANY
DEMONSTRABLE LIABILITIES, DAMAGES, COSTS OR EXPENSES INCURRED BY YOU ARISING
FROM OR RELATING TO YOUR BREACH OR FAILURE TO PERFORM ANY TERM OR CONDITION
OF THIS AGREEMENT.
You hereby agree that the terms of this agreement and any information related
to our web interface, systems, or business (including but not limited to
software, business and marketing plans, etc) is and shall always remain
confidential and our own property. You shall not directly or indirectly
disclose or grant access to such terms or information to any third parties
without our prior written permission.
We can not guarantee the privacy of the information shared by the Independent
Creator with and through the Platform, including but not limited to pictures,
images, live-streaming and chat conversations. We can not of course monitor
how any third party uses the Information that our Independent Creators decide
to share on the Platform, so we advise the Independent Creator to be cautious
when deciding what to share.
In addition to the above, we can not guarantee that the Independent Creator’s
Content has not and will not be illegally copied or recorded for later
distribution online or through any other means by a third party. The
Independent Creator therefore takes the risk and exonerates the Platform from
any liability regarding any claims and complaints that may arise from illegal
activities performed by any third party, including but not limited to,
copyright violation, invasion of privacy and any violation of intellectual
property rights.
Provided that you fulfill all the conditions stated herein for the use of our
Website, you shall be free to create your own original content. Therefore
both parties agree that VTS Media Inc. does not have any control over, the
means or the right to control the manner or details the Independent Creator
may use in giving his/her performances while using the Platform’s web
interface to generate revenues under the terms of this Agreement. The parties
also agree that the Independent Creator is totally free to decide when to
engage in providing individual performances. The Independent Creator is free
to appear on any other Websites and Platforms, and has full control over when
or if he/she will access the Website and distribute some Content. The
Independent Creator understands that they have full control over their use of
the Platform, including making sure that said use complies with the
applicable local, state and federal law as well as with the Terms and
Conditions of this Platform. The Independent Creator hereby guarantees their
Content will not violate any intellectual property rights or any other
applicable laws. If the Independent Creator is not sure whether their Content
is in compliance with the law ar not, they must consult a legal adviser
before publishing it.
You further agree that you shall solely rely on your own invention,
imagination, and talent while generating content, and that you shall be the
only one to exercise your own artistic control over all elements of the
performance, except if we or any other third party detect a possible breach
of this agreement, the Terms and Conditions of the Website or any legal
regulation, in which case the Platform has the right to intervene, censor the
content, terminate the account or take other necessary steps.
7. ACCOUNTS
Shared Accounts. In the event that the Independent Creator shares the Account
(defined below) with any other user, no matter how briefly, at any time and
for any reason, the Independent Creator understands and acknowledges that all
tokens received in that Account paid out by the Operators observing the
payment details stated for the holder of the Account.. As used herein
"Account" shall refer to the Platform account for which Independent Creator
is executing this Agreement. As used herein, "Accountholder" shall refer to
the holder of the email address on file for such Account. In the event that
Independent Creator and the Accountholder are not the same person,
Independent Creator understands and agrees that any agreement between
Independent Creator and the Accountholder for the division of compensation
received while sharing the Account is solely between Independent Creator and
such Accountholder. Independent Creator agrees that Independent Creator is
solely responsible for resolving all disputes with other users with whom
Independent Creator shares the Account. Independent Creator hereby
acknowledges that the Platform will bear no responsibility to Independent
Creator in the event that the Accountholder does not compensate Independent
Creator in the amount Independent Creator believes Independent Creator is
owed or at all. I Independent Creator further acknowledges and agrees that
the Operators will not share any personal or payment details of the
Accountholder with Independent Creator for any reason except the information
that Independent Creator may be able to access by virtue of having access to
the Account. Independent Creator acknowledges that only the Accountholder can
obtain information pertaining to the Account, pursuant to the terms of the
Platform's Privacy Policy.
You understand that the Platform has developed an affiliate program that
allows the affiliates to quickly create “white label” websites that redirect
their traffic to our Website and directly to webcam rooms in our Website. The
Independent Creator’s content will therefore be seen in any of our Platform’s
affiliated “white label” Websites.
You acknowledge that upon termination of your Account, the Content will be
deleted from your Account but it will remain in possession of the people who
purchased it prior to your Account being terminated.
The Platform can not control or censor its Independent Creators’ content
prior to its release, but we reserve the right to do so at any time, without
notice, for any reason, specially (but not limited to) in case of a breach of
one or more of the following conditions:
You warrant that any content that you create and release through our
Platform’s systems systems will not cause any damage to the systems and will
not violate any applicable laws, rules, regulations or public policies that
may govern the content so delivered.
You shall not promote content not related to our Website or our affiliate
members, whether by chat, by text, or by any other means.
You shall not be under the influence of alcohol or any illegal drug or
substance while giving any performance or creating any type of content.
While performing, you shall not have any animal appear on cam.
While performing, you shall not have any firearms, guns or any other kind of
arms appear on cam.
While performing, you shall not engage in any kind of fraudulent activity
(i.e. any activity that may result in complaints, chargebacks, that may be
deemed inappropriate or even illegal)
While performing, you shall not violate any laws regarding obscenity, minors
or sex trafficking, as expressely stated in section 2. of this agreement.
You will not reveal your real name, your real personal contact information or
any other kind of private information;
You understand as well that you can not appear on the Platform with any third
party whose presence in it has not been approved beforehand by the Website in
writing.
Violation of these conditions will result in termination of this Agreement
and the permanent termination of your account. Additionally, we reserve the
right to withhold payments if any of these conditions are violated.
You have the right to create and share content through other websites during
the term of this Agreement, therefore not being bound by any kind of
exclusivity clause. However, while in any way using our web interface, you
are strictly prohibited from engaging in any promotion of any non-VTS Media
Inc website or product.
You are allowed to own and operate your own website as well, provided that
you do not advertise it on our Website and that you do not try to encourage
this Platform’s Users or Independent Creators to visit your personal website
instead.
VTS Media Inc. provides its web interface as well as its own technology,
website and systems, on an “as-is” basis, with no guarantees of accuracy,
completeness, results or reliability. We also disclaim and make no warranties
or indemnities of any kind, express or implied, including but not limited to,
any warranty related to the performance, merchantability, fitness for a
particular purpose, title and non-infringement, or any other express or
implied warranty of any kind whatsoever.
The Platform reserves the right to seek all remedies legally available for
any damages made to it or its related entities, successors and affiliates or
to its systems caused by any action or breach of this Agreement by the
Independent Creator, including but not limited to misrepresentations by the
Independent Creator regarding age, eligibility or availability. Also, the
Platform reserves the right to block the Independent Creator’s total or
partial access to the Website.
12. INDEMNIFICATION
The Independent Creator agrees to hold harmless, indemnify and defend the
Website and its related entities, successors, and affiliates from and against
any claims or causes of action of any kind whatsoever brought in by any other
entity directly or indirectly in any lawsuit or other legal or administrative
proceeding or action (including any civil, criminal, or other proceeding or
action) that may in any way arise out of or be related to the Independent
Creator’s breach or violation of any term or condition of this Agreement, to
the Independent Creator’s performance of this Agreement, or to the
Independent Creator’s other actions in any way relating to any subject matter
of this Agreement, including, without limitation, right of publicity claims,
invasion of privacy claims, defamation claims, sexual harassment claims,
claims arising under the Family Medical Leave Act (FMLA), the Equal Pay Act
(EPA), the Employee Retirement Income Security Act (ERISA), the Worker
Adjustment and Retraining Notification (WARN) Act, or the Age Discrimination
in Employment Act (ADEA), injuries (both physical and emotional), negligence,
intellectual property, claims relating to disease or illness (including
STD's), pregnancy, and any other claims under federal, state, local, or
foreign law that may be legally waived and released; however, the
identification of specific statutes is for purposes of example only, and the
omission of any specific statute or law shall not limit the scope of this
general release in any manner. Independent Creator agrees that in the event
that Independent Creator appears on camera with any third party as permitted
by this Agreement, Independent Creator does so at Independent Creator's own
risk and acknowledges that the Company will not, and is under no obligation
to, do any medical testing of such third party. Independent Creator further
releases the Releasees from any claim in connection with the disbursal of any
payment from a Community Member to Independent Creator's user account or the
account of a third party on whose account Independent Creator may appear so
long as the Releasees make a good faith effort to disburse the payment using
the payment instructions on file for the applicable account.
The terms of this Agreement may be amended or modified by the Website at its
sole discretion, but the changing/amending of this agreement will be
published and properly announced in the website, indicating the date of the
publication. Within the following 15 calendar days the Independent Creator
will have the right to refuse the changes and ask for his/her account to be
terminated by writing to info@vtsmedia.com. After those 15 natural days the
new Agreement will come into force, and all those Independent Creators who
have not officially refused to accept the amendments will be automatically
understood to have accepted them.
14. ARBITRATION
Firma:
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