yummycakes
Jr. Member
So I log in and I See This
This electronic document is a legally binding and enforceable contract and agreement (referred to herein as this "Agreement") between you (referred to herein as "Performer/Studio" or "you") and ICF Technology, Inc. (referred to herein as "Streamate"). By providing your electronic signature below and all the required information and documents, you are agreeing to be bound by and acknowledging your complete acceptance of all the terms and conditions of this Agreement.
A. Web Interface
Subject to the terms and conditions of this Agreement, Streamate agrees to provide Performer/Studio access to and use of a proprietary web interface to be utilized on the Streamate computer systems ("systems"). Performer/Studio understands and agrees this web interface is and will remain the exclusive property of Streamate, and that under no circumstances will Performer/Studio distribute, copy, duplicate or reverse engineer the Streamate web interface in any way, shape, form or methodology.
1. REVENUE. Subject to the terms and conditions of this Agreement, Performer/Studio may use this web interface to generate revenue for live performances, and Performer/Studio agrees to provide content to Streamate, as provided below. Performer/Studio will have the right to set up pricing at your discretion, provided that Performer/Studio complies with the minimum price as determined by Streamate. Streamate agrees to pay Performer/Studio monies in the amount of the Performer/Studio percentage as specified by Streamate of all live chat sales generated by Performer/Studio via check, wire (US only), or payment to Payoneer based on the information and documents provided to Streamate by Performer/Studio. With respect to any payment made to Performer/Studio via payment to Payoneer, once Streamate has forwarded payment to Payoneer, then Streamate will be deemed to have satisfied all its obligations to make such payment to Performer/Studio.
B. Your Separate Business
At all times while using the Streamate web interface, Performer/Studio shall have your own business license, pay your own taxes, and take all other actions necessary and required to operate as your own separate and distinct business. Performer/Studio represents and warrants that Performer/Studio will obtain and keep current all business licenses as required by federal, state and local laws relating to you generating revenue under the terms of this Agreement. Performer/Studio is responsible for obtaining any and all registrations, certificates, and licenses and for satisfying all obligations related to Performer/Studio's payment of taxes under the applicable laws of any country, state or local government. Performer/Studio is also responsible for maintaining appropriate workers compensation coverage or insurance for you and any of your employees.
Performer/Studio shall not be deemed or treated as an employee of Streamate for any purpose. Nothing contained in this Agreement shall be deemed or construed by the parties to create the relationship of employer and employee, principal and agent, co-venturers, partners, or any other type of business association, other than as parties to this Agreement. Streamate will not pay or make any payments on behalf of or for the benefit of Performer/Studio related to Social Security, Medicare, FICA, VAT taxes, federal or country taxes, state taxes, local taxes, workers compensation, unemployment premiums or insurance, or any other payments. Performer/Studio shall have no claim against Streamate for any wages, vacation pay, sick leave, Social Security, workers compensation, unemployment benefits, or any other benefits of any kind. Additionally, Performer/Studio will not be eligible for any retirement benefits, 401(k) benefits, profit sharing benefits, bonuses, or any other types of benefits to be paid or owed by Streamate.
C. No Right To Control
As long as Performer/Studio satisfies the conditions stated herein for the use of the Streamate web interface, Performer/Studio shall be free to exercise Performer/Studio's own judgment, discretion and creativity as to the means, manner and details of giving performances while using the Streamate web interface. The parties agree Streamate does not have any control over or the right to control the means, manner or details Performer/Studio may use in giving performances while using the Streamate web interface to generate revenues under the terms of this Agreement.
D. Age Verification
Performer/Studio represents and warrants that Performer/Studio has reached the age of 18 (19 in Canada), and that the identification ("I.D.") provided to Streamate is valid and accurately reflects and represents the fact that Performer/Studio has reached the age of 18 (19 in Canada).
E. Term
This Agreement shall commence upon Performer/Studio's proper submission of this signed Agreement and all required information and documentation and Streamate's review and approval of Performer/Studio's submission. This Agreement shall remain enforceable until terminated by one of the parties. Performer/Studio will have the right to terminate this Agreement by providing written notice to Streamate. Streamate may terminate this Agreement and may cancel Performer/Studio's account at its complete sole discretion for any reason whatsoever, including but not limited to: (1) Performer/Studio's breach of or non-compliance with any term or condition of this Agreement; (2) Performer/Studio's acts or omissions constituting dishonesty, fraud, misrepresentation, theft or breach of confidentiality; (3) Performer/Studio's acts or omissions that impair Streamate's or any of Streamate's related entities' business, goodwill, or reputation; or (4) Performer/Studio's conviction of, or plea of no contest to, a crime constituting a felony or gross misdemeanor under local, state or federal law or involving fraud, dishonesty, or moral turpitude which adversely affects Streamate or any of its related entities.
In the case of termination of this Agreement, the parties agree to remit any monies owed to the other within a reasonable period of time, and Performer/Studio agrees to cease engaging in access to or any activity in any way involving the Streamate web interface or any Streamate website.
PERFORMER/STUDIO UNDERSTANDS AND AGREES THAT Streamate MAY SET OFF AGAINST ANY MONIES OWED TO PERFORMER/STUDIO ANY LIABILITY, DAMAGES, COSTS OR EXPENSES INCURRED BY Streamate ARISING FROM OR RELATING TO PERFORMER'S BREACH OR FAILURE TO PERFORM ANY TERM OR CONDITION OF THIS AGREEMENT.
F. Conditions For Use Of Web Interface
In order to use the Streamate web interface under the terms of this Agreement, Performer/Studio must satisfy the following conditions. Failure to satisfy any of these conditions may result in Streamate's termination of this Agreement and suspension or permanent closure of your account with Streamate.
1. PERFORMER/STUDIO ACCOUNTS. Your account with Streamate may only include performers who have properly registered and who are approved by Streamate to appear on your account. Accounts with performers who have not properly registered with Streamate or have not submitted all required and proper documentation will be closed permanently. If you are no longer using your account, your account must be closed. Inactive accounts will be closed after a specific amount of time and cannot be recovered.
2. AGE DOCUMENTS MUST BE SUBMITTED FOR ALL PERFORMER/STUDIOS. By appearing live you are verifying that you have reached the age 18 (19 in Canada) and have submitted all proper documentation and age verification forms to perform on the website. Only individuals who have submitted proper documentation and have been approved to perform may appear on cam.
3. NO BELOW THE WAIST NUDITY IN FREE CHAT. In order to prevent minors' exposure to below the waist nudity and adult material, no below the waist nudity is allowed in "free chat." Below the waist nudity is only allowed in age-verified areas, which are also known as "private" or "paid chat." Below the waist nudity in free areas will result in temporary suspension or permanent closing of your account.
4. NO VIOLATION OF LAWS RE OBSCENITY OR MINORS. Performer/Studio shall not violate any local community standard of "obscenity" during any performance related to this Agreement, including but not limited to Performer/Studio shall not depict or describe any act of a sexual nature involving bestiality, necrophilia, coprophilia, urine, feces, vomit, blood, or others. Additionally, during any performance related to this Agreement, Performer/Studio shall not depict or describe any minor activity or act of a sexual nature involving persons under the age of 18 years (including but not limited to sex of any kind, simulated sex, sexual conduct, masturbation, bondage, domination, sadomasochism, or others).
5. NO PROMOTION OF OTHER SITES. Promotion of any non-Streamate related website directly to Streamate members and affiliate site members is strictly prohibited. This includes but is not limited to by chat, by text, or by any other means. Violation of this condition will result in termination of this Agreement and the permanent termination of your account. Additionally, Streamate reserves the right to withhold payments to you if this condition is violated.
6. NO SOLICITATION OF PERSONAL CONTACT WITH CUSTOMERS. Any solicitation for escort, prostitution or personal contact with customers is prohibited. This includes but is not limited to by exchanging emails, addresses, online chat IDs (yahoo, msn, ICQ, etc.), social media sites (Facebook, Twitter, Instagram, etc.), or other contact information. Violation of this condition will result in termination of this Agreement and the permanent termination of your account. Additionally, Streamate reserves the right to withhold payments to you if this condition is violated.
7. NOT UNDER INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS. While giving any performance or taking any other action related to this Agreement, Performer/Studio shall not be under the influence of alcohol or any illegal drug or controlled substance.
8. NO ANIMALS OR FIREARMS ON CAM. While giving any performance, Performer/Studio is prohibited from having any animal appear on cam and from having any firearm or gun of any type appear on cam.
9. NO FRAUDULENT ACTIVITY. While giving any performance or taking any other action related to this Agreement, Performer/Studio shall not engage in any type of fraudulent activity. Fraudulent activity is defined as any activity on the site that results in complaints or chargebacks, or is deemed inappropriate by Streamate's representatives. Streamate reserves the right to terminate any account at any time for any reason if fraud is suspected and to not make any related payments.
10. IMAGE APPROVAL. Images submitted to Streamate for Performer/Studio's bio must be approved by Streamate. Images graphic in nature or containing "below the waist nudity" will not be approved. Streamate reserves the right to approve or reject any image submitted.
G. Other Websites
Performer/Studio has the right to work with other websites during the term of this Agreement and is not obligated to devote full-time efforts in generating revenues using the Streamate web interface. However, while in any way using the Streamate web interface, Performer/Studio is prohibited from engaging in any promotion of any non-Streamate website. Performer/Studio is allowed to own and operate a personal website; provided, that Performer/Studio shall not solicit Streamate customers or other Streamate Performer/Studios through use of the personal website. Performer/ Studio shall not release or give to any person or entity any email address or web page address of any Streamate customer or Streamate Performer/Studio without the prior written approval of Streamate in each instance.
This electronic document is a legally binding and enforceable contract and agreement (referred to herein as this "Agreement") between you (referred to herein as "Performer/Studio" or "you") and ICF Technology, Inc. (referred to herein as "Streamate"). By providing your electronic signature below and all the required information and documents, you are agreeing to be bound by and acknowledging your complete acceptance of all the terms and conditions of this Agreement.
A. Web Interface
Subject to the terms and conditions of this Agreement, Streamate agrees to provide Performer/Studio access to and use of a proprietary web interface to be utilized on the Streamate computer systems ("systems"). Performer/Studio understands and agrees this web interface is and will remain the exclusive property of Streamate, and that under no circumstances will Performer/Studio distribute, copy, duplicate or reverse engineer the Streamate web interface in any way, shape, form or methodology.
1. REVENUE. Subject to the terms and conditions of this Agreement, Performer/Studio may use this web interface to generate revenue for live performances, and Performer/Studio agrees to provide content to Streamate, as provided below. Performer/Studio will have the right to set up pricing at your discretion, provided that Performer/Studio complies with the minimum price as determined by Streamate. Streamate agrees to pay Performer/Studio monies in the amount of the Performer/Studio percentage as specified by Streamate of all live chat sales generated by Performer/Studio via check, wire (US only), or payment to Payoneer based on the information and documents provided to Streamate by Performer/Studio. With respect to any payment made to Performer/Studio via payment to Payoneer, once Streamate has forwarded payment to Payoneer, then Streamate will be deemed to have satisfied all its obligations to make such payment to Performer/Studio.
B. Your Separate Business
At all times while using the Streamate web interface, Performer/Studio shall have your own business license, pay your own taxes, and take all other actions necessary and required to operate as your own separate and distinct business. Performer/Studio represents and warrants that Performer/Studio will obtain and keep current all business licenses as required by federal, state and local laws relating to you generating revenue under the terms of this Agreement. Performer/Studio is responsible for obtaining any and all registrations, certificates, and licenses and for satisfying all obligations related to Performer/Studio's payment of taxes under the applicable laws of any country, state or local government. Performer/Studio is also responsible for maintaining appropriate workers compensation coverage or insurance for you and any of your employees.
Performer/Studio shall not be deemed or treated as an employee of Streamate for any purpose. Nothing contained in this Agreement shall be deemed or construed by the parties to create the relationship of employer and employee, principal and agent, co-venturers, partners, or any other type of business association, other than as parties to this Agreement. Streamate will not pay or make any payments on behalf of or for the benefit of Performer/Studio related to Social Security, Medicare, FICA, VAT taxes, federal or country taxes, state taxes, local taxes, workers compensation, unemployment premiums or insurance, or any other payments. Performer/Studio shall have no claim against Streamate for any wages, vacation pay, sick leave, Social Security, workers compensation, unemployment benefits, or any other benefits of any kind. Additionally, Performer/Studio will not be eligible for any retirement benefits, 401(k) benefits, profit sharing benefits, bonuses, or any other types of benefits to be paid or owed by Streamate.
C. No Right To Control
As long as Performer/Studio satisfies the conditions stated herein for the use of the Streamate web interface, Performer/Studio shall be free to exercise Performer/Studio's own judgment, discretion and creativity as to the means, manner and details of giving performances while using the Streamate web interface. The parties agree Streamate does not have any control over or the right to control the means, manner or details Performer/Studio may use in giving performances while using the Streamate web interface to generate revenues under the terms of this Agreement.
D. Age Verification
Performer/Studio represents and warrants that Performer/Studio has reached the age of 18 (19 in Canada), and that the identification ("I.D.") provided to Streamate is valid and accurately reflects and represents the fact that Performer/Studio has reached the age of 18 (19 in Canada).
E. Term
This Agreement shall commence upon Performer/Studio's proper submission of this signed Agreement and all required information and documentation and Streamate's review and approval of Performer/Studio's submission. This Agreement shall remain enforceable until terminated by one of the parties. Performer/Studio will have the right to terminate this Agreement by providing written notice to Streamate. Streamate may terminate this Agreement and may cancel Performer/Studio's account at its complete sole discretion for any reason whatsoever, including but not limited to: (1) Performer/Studio's breach of or non-compliance with any term or condition of this Agreement; (2) Performer/Studio's acts or omissions constituting dishonesty, fraud, misrepresentation, theft or breach of confidentiality; (3) Performer/Studio's acts or omissions that impair Streamate's or any of Streamate's related entities' business, goodwill, or reputation; or (4) Performer/Studio's conviction of, or plea of no contest to, a crime constituting a felony or gross misdemeanor under local, state or federal law or involving fraud, dishonesty, or moral turpitude which adversely affects Streamate or any of its related entities.
In the case of termination of this Agreement, the parties agree to remit any monies owed to the other within a reasonable period of time, and Performer/Studio agrees to cease engaging in access to or any activity in any way involving the Streamate web interface or any Streamate website.
PERFORMER/STUDIO UNDERSTANDS AND AGREES THAT Streamate MAY SET OFF AGAINST ANY MONIES OWED TO PERFORMER/STUDIO ANY LIABILITY, DAMAGES, COSTS OR EXPENSES INCURRED BY Streamate ARISING FROM OR RELATING TO PERFORMER'S BREACH OR FAILURE TO PERFORM ANY TERM OR CONDITION OF THIS AGREEMENT.
F. Conditions For Use Of Web Interface
In order to use the Streamate web interface under the terms of this Agreement, Performer/Studio must satisfy the following conditions. Failure to satisfy any of these conditions may result in Streamate's termination of this Agreement and suspension or permanent closure of your account with Streamate.
1. PERFORMER/STUDIO ACCOUNTS. Your account with Streamate may only include performers who have properly registered and who are approved by Streamate to appear on your account. Accounts with performers who have not properly registered with Streamate or have not submitted all required and proper documentation will be closed permanently. If you are no longer using your account, your account must be closed. Inactive accounts will be closed after a specific amount of time and cannot be recovered.
2. AGE DOCUMENTS MUST BE SUBMITTED FOR ALL PERFORMER/STUDIOS. By appearing live you are verifying that you have reached the age 18 (19 in Canada) and have submitted all proper documentation and age verification forms to perform on the website. Only individuals who have submitted proper documentation and have been approved to perform may appear on cam.
3. NO BELOW THE WAIST NUDITY IN FREE CHAT. In order to prevent minors' exposure to below the waist nudity and adult material, no below the waist nudity is allowed in "free chat." Below the waist nudity is only allowed in age-verified areas, which are also known as "private" or "paid chat." Below the waist nudity in free areas will result in temporary suspension or permanent closing of your account.
4. NO VIOLATION OF LAWS RE OBSCENITY OR MINORS. Performer/Studio shall not violate any local community standard of "obscenity" during any performance related to this Agreement, including but not limited to Performer/Studio shall not depict or describe any act of a sexual nature involving bestiality, necrophilia, coprophilia, urine, feces, vomit, blood, or others. Additionally, during any performance related to this Agreement, Performer/Studio shall not depict or describe any minor activity or act of a sexual nature involving persons under the age of 18 years (including but not limited to sex of any kind, simulated sex, sexual conduct, masturbation, bondage, domination, sadomasochism, or others).
5. NO PROMOTION OF OTHER SITES. Promotion of any non-Streamate related website directly to Streamate members and affiliate site members is strictly prohibited. This includes but is not limited to by chat, by text, or by any other means. Violation of this condition will result in termination of this Agreement and the permanent termination of your account. Additionally, Streamate reserves the right to withhold payments to you if this condition is violated.
6. NO SOLICITATION OF PERSONAL CONTACT WITH CUSTOMERS. Any solicitation for escort, prostitution or personal contact with customers is prohibited. This includes but is not limited to by exchanging emails, addresses, online chat IDs (yahoo, msn, ICQ, etc.), social media sites (Facebook, Twitter, Instagram, etc.), or other contact information. Violation of this condition will result in termination of this Agreement and the permanent termination of your account. Additionally, Streamate reserves the right to withhold payments to you if this condition is violated.
7. NOT UNDER INFLUENCE OF ALCOHOL OR ILLEGAL DRUGS. While giving any performance or taking any other action related to this Agreement, Performer/Studio shall not be under the influence of alcohol or any illegal drug or controlled substance.
8. NO ANIMALS OR FIREARMS ON CAM. While giving any performance, Performer/Studio is prohibited from having any animal appear on cam and from having any firearm or gun of any type appear on cam.
9. NO FRAUDULENT ACTIVITY. While giving any performance or taking any other action related to this Agreement, Performer/Studio shall not engage in any type of fraudulent activity. Fraudulent activity is defined as any activity on the site that results in complaints or chargebacks, or is deemed inappropriate by Streamate's representatives. Streamate reserves the right to terminate any account at any time for any reason if fraud is suspected and to not make any related payments.
10. IMAGE APPROVAL. Images submitted to Streamate for Performer/Studio's bio must be approved by Streamate. Images graphic in nature or containing "below the waist nudity" will not be approved. Streamate reserves the right to approve or reject any image submitted.
G. Other Websites
Performer/Studio has the right to work with other websites during the term of this Agreement and is not obligated to devote full-time efforts in generating revenues using the Streamate web interface. However, while in any way using the Streamate web interface, Performer/Studio is prohibited from engaging in any promotion of any non-Streamate website. Performer/Studio is allowed to own and operate a personal website; provided, that Performer/Studio shall not solicit Streamate customers or other Streamate Performer/Studios through use of the personal website. Performer/ Studio shall not release or give to any person or entity any email address or web page address of any Streamate customer or Streamate Performer/Studio without the prior written approval of Streamate in each instance.
