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TERMS & CONDITIONS
Effective Date: September 26, 2016
Last Modified: January 5, 2023
1. ADULTS ONLY.
We have placed this detail over and above all of our other terms because it
is the most important (although it is also referenced below). The
Chaturbate.com platform is only open to consenting adults looking to express
themselves in the form of streaming video and messaging. We have zero
tolerance for any minors on the Chaturbate.com platform, whether such
individuals are actually minors or pretending to be minors perhaps in a
misguided attempt at role-play. Moreover, we have zero tolerance for any
image of any minor being uploaded to our platform for any reason. Please be
advised that we reserve the right to and do report each and every suspected
minor to the National Center for Missing and Exploited Children and any and
all other law enforcement agencies we feel appropriate. If you believe that
a minor is using the site, we strongly request and encourage you to report
each and every user you encounter which you believe or suspect to be under
the age of 18. All reports are reviewed as quickly as we can. If you are a
minor, you must immediately leave this site now. You are not legally
permitted on Chaturbate for any reason, and if we find you on this site, we
will report you to law enforcement as noted above. We will not reactivate
you for any reason ever.
With respect to all other matters, as we operate an online platform and we
are not in the business of producing or presenting cam broadcasts, we only
adopt what we feel are necessary to comply with law, community standards and
for the safety of our users.
2. THE PLATFORM
The Platform (as defined below) is an online platform providing social
networking capabilities including both a text and video chat service whereby
individuals accessing the Platform (each a "Community Member") may create
and share with other Community Members online audio, video, interactive, and
live content which may include, at the providing Community Member's
election, content of an adult nature. Community Members, whether or not
their account is capable of receiving tokens, are free to broadcast their
live streaming video through the Platform, subject to the minimal
restrictions set forth in these Terms, which restrictions have been put in
place to comply with applicable law, community standards, and for the safety
of the Community Members. Subject to safety and legality required rules,
Community Members may produce and broadcast (or not broadcast) as and when
they determine and set their own rules for other Community Members viewing
their broadcasts. Community Members are also free to use other video
streaming platforms either at different times or at the same time as such
Community Members use our Platform, subject to the provision below that
Community Members may not, through the Platform, promote or advertise any
entity, product, service, or website that delivers live-streaming content.
3. INTRODUCTION AND DESCRIPTION OF SERVICE
1. When you access the Platform, you understand that you may see graphic
depictions of nudity, exposed genitals and persons engaged in explicit
sexual activity consisting of people of different genders, people of the
same gender, as well as sexual acts involving more than 2 individuals. By
accessing and/or using the Platform, you expressly acknowledge that you
wish to see such materials. By accessing the interactive video chat
social networking platform located at Chaturbate.com (collectively the
"Platform") these terms and conditions (these "Terms") form the binding
agreement between you ("you") and Multi Media, LLC (the "Company")
regarding your use of the Platform. If you do not agree to be bound by
these Terms, you must immediately exit the Platform and not access the
Platform again for any reason. There is no fee to access the Platform and
view content to access some functions of the Platform, but Community
Members will be required to create an Account (defined below).
2. Community Members who are eligible to receive tokens in their account,
from other Community Members are referred to in these Terms as an
"Independent Broadcaster(s)". In these Terms, the use of phrases such as
"we" "our" "us" or other appropriate first-person terms refer to the
Company. The use of the terms "you" or "your" refers, as the context may
require, to you the Community Member or Independent Broadcaster accessing
or utilizing the Platform. By accessing and/or using the Platform, you
agree to be bound by the Terms.
4. NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN
1. This Platform is for Adults Only. In order to access and use the
Platform, you must be at least 18 years old or the age of majority in
your jurisdiction, whichever is older (the "Age of Majority"). IF YOU ARE
NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By
accessing and/or using the Platform you agree that you have reached the
Age of Majority and acknowledge that we have the sole and absolute right
to terminate your Account if we believe you are in violation of this
requirement. If we believe you are in violation of this Age of Majority
requirement, we will report you to law enforcement.
2. Law Enforcement Reporting. We reserve the right to and do report
suspected violations of the Platform's minimum age requirement to the
National Center for Missing and Exploited Children ("NCMEC") and any and
all law enforcement and other organizations we may feel appropriate, in
our sole discretion. If you believe that a minor has accessed the
Platform, you should immediately report it to us at legal@chaturbate.com.
For more information regarding this policy and our zero-tolerance stance
on minors using or in any way appearing on the Platform, please contact
us at legal@chaturbate.com.
3. No Child Pornography. For the purpose of these Terms, "Child Pornography"
includes, but is not limited to (i) any materials showing a person under
the Age of Majority in a state of undress, or engaged in any suggestive
or sexual acts of any kind; (ii) any materials that simulate the
foregoing, such as dolls, animated films or shorts, adults made to look
like children or suggest that they are below the Age of Majority; and,
(iii) discussion of child pornography or child exploitation. Child
Pornography and the exploitation of children is a serious crime. All
Community Members are strictly prohibited from using the Platform to
distribute, access, or solicit Child Pornography or engage in any conduct
or discussion exploitative of a person below the Age of Majority,
including by way of role play. If you see anything on the Platform that
violates this provision or seems questionable, report it immediately to
us at legal@chaturbate.com. We will immediately investigate any claim and
take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN
ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE
THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR
ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM
THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING
OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE
WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT
WELCOME TO USE THE PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER
POSSIBLE.
4. Section 230 of the Communications Decency Act. The Platform is a
Community Member-driven interactive platform with content provided by
Independent Broadcasters, and pursuant to Section 230 of the
Communications Decency Act, we are immune from suit for materials
published through the Platform by Community Members. As such, we are not
liable for content published by Community Members. As we operate an
online platform and we are not in the business of producing or presenting
cam broadcasts, we have endeavored to keep our rules to a minimum
imposing only those we feel are necessary for the safety of Community
Members, to comply with applicable law, and the continued operation of
the Platform.
5. Room Reports. If you identify a Community Member you believe to be
violating any of the Terms, which include Appendix C (the Code of
Conduct, linked below) please immediately let us know by emailing support
at support@chaturbate.com or using the "REPORT ROOM" function at the top
right of each streaming broadcast. All room reports are reviewed as soon
as practicable but in no event more than 4 business days.
5. YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
1. Member Account and Password. In order to access the non-public portions
of the Platform, you must create an account (your "Account"). In
creating an Account, you will be prompted to create a username and
password and, if you wish to become an Independent Broadcaster, you will
be required to enter certain personally identifiable information. In
order to take advantage of some of the pay features available through
the Platform, you will be prompted to input a payment method. As noted
in our Privacy Policy, this information is received and held by a
third-party payment processor who, subject to their terms, will store
your payment information for future use through the Platform. You may
not choose a username that may falsely represent you as someone else or
a name that may otherwise be in violation of the rights of any other
individual or entity. We reserve the right to disallow the use of
usernames or cancel, at any time, the membership of any Community Member
who uses their selected username in violation of these Terms or in any
other way we deem inappropriate in our sole discretion. You are solely
responsible for any and all activities conducted and purchases made
through your Account. It is important to note that, while we do not
require that you provide an email address to create an Account, choosing
not to provide an email address limits the support we can provide in
connection with your Account as we are unable to verify you are the
Account holder.
1. Shared Accounts. With respect to Accounts which have more than one
age-verified user, the person in control of the Account is deemed to
be the person whose email address is associated with the Account,
unless there is payee information associated with the Account, in
which case the payee is deemed to be the person in control of the
Account. Material changes to Accounts may only be made at the request
of the person deemed to be in control of the account. Material
changes include changes to the email address associated with the
Account, changes to payee information, and changes to two-factor
authentication settings. You understand and agree that the person
deemed to be in control of any such Account will have full access to
and control over all information associated with the Account,
including all information collected on such Account. For more
information about information we collect, please see our Privacy
Policy.
2. Studio Accounts. Individuals who wish to create a studio account (a
"Studio Account") through the Platform must comply with our rules for
setting up a Studio Account. If these rules are complied with, such
Account will be considered a "Studio" on the Platform. For all
Accounts under a Studio, the Studio is deemed the owner of all
Accounts in such Studio Account ("Studio Sub-Accounts"). The
followers, images, and data associated with all Studio Sub-Accounts
may not be transferred away from or shared with another Account
without the applicable Studio's consent, absent what we may deem, in
our sole and exclusive determination, to be extraordinary
circumstances.
2. Security of your Account. You are solely responsible for maintaining the
confidentiality of your username and password and are fully responsible
for all activities that occur under your username and password,
including without limitation any unauthorized access to the Platform
caused by you, including access which may violate applicable laws and/or
subject you to criminal prosecution. This will result in your immediate
ban from the Platform and deactivation of your Account. We will not
release your password for security reasons. You agree to (i) immediately
notify us of any unauthorized use of your username or password or any
other breach or suspected breach of security, and (ii) ensure that you
log out of your Account each time you stop interacting through the
Platform. We highly encourage all Community Members to turn on
two-factor authentication to ensure the security of their Account.
3. License to Access the Platform. You are granted a limited,
non-exclusive, revokable license to access and use the Platform for your
own personal enjoyment. You may not, download, reproduce, sell, rent,
perform, or link to any content made available through the Platform,
except as expressly permitted by the Community Member and/or Independent
Broadcaster, as appropriate, responsible for such content or otherwise
as permitted by the rules of the Platform. As noted below, your license
to access the CB platform, including any content saved to or associated
with your account(s), may be terminated for a violation of these Terms
and as otherwise provided herein.
4. Solicitations. Although we do not control Independent Broadcasters and
other users' use of the Platform, you may not use the Platform to
promote or advertise any third-party products, sites, or services that
deliver live-streaming content. Although, of course, Independent
Broadcasters and other Community Members are free to cam on other sites,
you may not use the Platform to solicit any Community Member to utilize
another product, site, or service that delivers live-streaming content.
5. Billing. Community Members may elect to put money on deposit with the
Platform which will be converted to tokens which tokens may only be used
through the Platform as the applicable Community Member elects,
including for use to tip Independent Broadcasters. Certain purchases may
be processed by UAB Alternative Payments, Šiaulių g. 10-32, LT-01134
Vilnius, Lithuania as an EU based purchase facilitator. By tipping
tokens through the Platform, you agree that all token tips are intended
as a gratuity and all tips are final when sent. In the event that we
receive a complaint about a tip after it has been sent, we may, at our
election and with no obligation to do so, send the complaint to the
other party for the other party's response regarding the complaint. You
are prohibited from providing "tips" for the performance of specific
acts. Requesting or demanding specific acts for tips may result in a ban
from the Platform for all parties involved. Independent Broadcasters are
prohibited from requesting any type of off-Platform payments; provided,
however, the Platform may, from time to time, permit Independent
Broadcasters to post links to wish lists. Your chosen payment method
will only be billed as you specifically request. Unless otherwise
specifically provided in writing, you will not be billed for the same
purchase on a recurring basis. By providing your payment information,
you expressly consent to the use of third-party payment processors to
facilitate any and all transactions you may elect to make through the
Platform. It is your sole responsibility to make sure that your billing
information is up to date. If you believe that you have been erroneously
billed, please notify us immediately of such error. If we do not hear
from you within 30 days after such billing error first appears on any
account statement, such fee will be deemed accepted by you for all
purposes, including resolution of inquiries made by your credit card
issuer. You release us from all liabilities and claims of loss resulting
from any error or discrepancy that is not reported to us within 30 days
of its publication. We reserve the right to impose transaction limits on
Community Members based upon a variety of factors including, without
limitation, length of membership to the Platform, location, change in
access information, and amount of refund requests. Please note that
abuse of special offers, including creating multiple accounts to take
advantage of such offers, is a violation of these Terms. Community
Members may withdraw unused moneys on deposit with the Platform by
contacting customer support, less amounts charged by third parties in
connection with the initial and refund transactions.
6. Videos and Images Offered by Community Members. Community Members,
including Independent Broadcasters, may create or otherwise make
available video, photo, or other content containing content and
intellectual property that they own or have a license to use ("Member
Content"). In making available Member Content, you are representing and
warranting to the Company that you have all the necessary rights and
permissions to make such content available through the Platform and to
offer to all Community Members who acquire the Member Content a
perpetual, irrevocable, worldwide license to access and view such
content through the Platform. To be clear, you understand and agree that
once a Community Member acquires Member Content uploaded by you in the
Community Member's Account on the Platform, you have granted to that
Community Member a perpetual, irrevocable, worldwide license to access
and view such content through the Platform, and represent that you have
all necessary rights and permissions to grant such license. With respect
to any Member Content that you elect to acquire through the Platform you
acknowledge and agree as follows: (i) that we are neither the creator
nor source of the Member Content; (ii) that we simply offer a platform
for Community Members to create and share Member Content with other
Community Members; (iii) the Community Member who posted the applicable
Member Content is solely responsible for any claims or liabilities
associated with, arising from, or in any way relating to such Member
Content; (iv) your purchase or use of any Member Content is solely at
your own risk; and (v) you forever release the Company, its affiliates,
successors, assigns, officers, employees, agents, directors,
shareholders and attorneys from any and all claims and liabilities
associated with, arising from, or in any way relating to Member Content.
We have the absolute right to remove any Member Content that we believe,
in our sole discretion, may violate any law or these Terms. In the event
that you provide tokens to an Independent Broadcaster in connection with
obtaining Member Content, you agree that these tokens are provided as a
gratuity notwithstanding any request from the applicable Independent
Broadcaster; and, you further understand that such tokens will not be
refunded for any reason.
7. Private Shows. All Independent Broadcasters acknowledge and agree they
are aware that all private shows are recorded by default and such
recordings are provided to the applicable Community Member(s) who
purchased such private shows; provided, however, that Independent
Broadcasters can disable this recording option at any time in account
settings. Independent Broadcasters acknowledge and agree that all
recordings of private shows are considered Member Content and that upon
delivery of the recording to the purchasing Community Member(s), such
Community Member(s) will have acquired from the applicable Independent
Broadcaster a perpetual, irrevocable license to view and access such
recording through the Platform.
8. Fan Clubs. Independent Broadcasters have the ability to create and
administer a fan club through the Platform provided that Independent
Broadcasters' account is in good standing and Company has not limited or
removed the fan club functionality. Should an Independent Broadcaster
elect to start a fan club, the Independent Broadcaster will choose a
monthly fee that other Community Members must pay to be members of the
Independent Broadcaster's fan club. You understand and agree that in
purchasing a membership to an Independent Broadcaster's fan club, such
purchase will automatically renew, and you will be automatically
rebilled for such purchase, on a monthly basis until such time as you
cancel such fan club membership. Updates and what, if anything, is
included in any such membership will be in the sole control and
determination of the applicable Independent Broadcaster. For the
avoidance of doubt, in the event that you are an Independent Broadcaster
and offer a fan club, you agree that you have the unrestricted right to
offer and/or provide any content you may post to Community Members who
join your fan club is subject in all respects to these Terms and our
policies. In the event that one or more members of an Independent
Broadcaster's fan club request a refund from us, or institute a
chargeback with our payment processor, we reserve the right to assess a
chargeback fee to such Independent Broadcaster's Account and/or suspend
the Independent Broadcaster's ability to maintain a fan club through the
Platform. We reserve the right to rescind any Independent Broadcaster's
permission to maintain a fan club for any or no reason at all.
9. Warning Regarding Streaming Content. The Platform provides functionality
allowing Community Members to stream/broadcast using their webcams. It
is possible that other Community Members might, without your permission,
unlawfully record, make copies of, store, re-broadcast, distribute,
publish or otherwise share your broadcast online or through other media
forms. You assume all risk for your broadcasts and hereby release and
agree to indemnify and hold us harmless us for all actions arising out
of such activities, including without limitation invasion of privacy,
defamation, and/or intellectual property infringement. As noted in our
Privacy Policy, all information and content you determine to share or
stream through the Platform, including in "private" and/or password
protected situations, is considered public information.
10. Use of Information on the Platform. As noted in our Privacy Policy, we
cannot ensure the security or privacy of information (including, without
limitation, text, images, and videos) you provide or share through the
Platform. We are not responsible for, and cannot control, the use of any
information, by anyone, that you provide or make available to other
parties through the Platform. Use caution in deciding what personal
information you share with others through the Platform. We cannot assume
any responsibility for the content of any message sent by any Community
Member on the Platform. You release us from any and all liability in
connection with the content(s) of any communication(s) you may receive
from other users.
11. Public Information/Caution in Sharing Information. As noted in our
Privacy Policy, all information and/or content you choose to post and/or
share through your profile on the Platform, through chat (including
private chat or "direct message"), and all content you stream or
otherwise share through the Platform is considered public information.
You agree to limit the information you share through the Platform
keeping in mind we cannot control the use of such information by those
with whom you share your information.
12. On- or Off-Platform Interactions/Meetings. We do not recommend or
condone any form of interaction between Community Members outside of the
Platform and, as disclosed elsewhere in these Terms, your use of and
interactions through the Platform are done at your own risk. Use of the
Platform to arrange face-to-face meetings for the purpose of engaging in
illegal activity is strictly prohibited and will subject your Account to
immediate termination. If you elect to legally interact with any
Community Member outside of the Platform, you do so at your own risk,
and you acknowledge and agree that we are not responsible for any
consequences of your election to interact with anyone, whether in person
or otherwise, outside of the Platform. We cannot and will not intervene
in any matters or disputes which take place outside of the Platform
including with respect to situations where we are provided third party
screen captures or records as we cannot verify such screen captures or
records. In the event that you determine to communicate with another
Community Member outside of the Platform despite these cautions, you
should, at a minimum, consider the following precautions:
1. Anyone who is able to commit identity theft can also falsify a user
profile.
2. There is no substitute for acting with caution when communicating
with any stranger who wants to meet you.
3. Never include your last name, email address, home address, phone
number, place of work, or any other identifying information in your
user profile or initial email messages. Immediately stop
communicating with anyone who pressures you for personal or financial
information or attempts in any way to trick you into revealing it.
4. If you choose to have a face-to-face meeting with another user,
always tell someone in your family or a friend where you are going
and when you will return. Never agree to be picked up at your home.
Always provide your own transportation to and from the meeting, and
meet in a public place with many people around.
5. All the money and gifts you send to other users, whether directly or
indirectly, through the Platform or outside of the Platform, is done
at your own risk. We will not intervene or become involved in any
dispute between Community Members.
13. Contests. From time to time, we may permit certain contests for
participation by Community Members and Independent Broadcasters. The
general rules for our contests are located in our general contest rules
in Appendix A to these Terms which appendix is incorporated by reference
herein.
14. Your Privacy Rights. When you use the Platform, we collect and process
certain personally identifiable and other data about you. Our use of
this information is governed by our Privacy & Cookies Policy, which is
incorporated by reference herein. You are encouraged to read this policy
as it contains important information on how we collect and use this
information and your rights regarding the same. Additionally, the
Platform utilizes cookies and certain technology that tracks usage,
performance and your geographic location which are more fully described
in our Privacy & Cookies Policy.
15. Termination.
1. By You. You may terminate your Account and/or any of your memberships
at any time by visiting our cancellation page or contacting our
customer support. You agree to be personally liable for any and all
charges incurred by your Account, username, and password until
terminated as provided herein. If you are an Independent Broadcaster
and determine to terminate your Account, any tokens remaining in your
Account at the time of termination will be disbursed to the payment
information on file for your Account on our next payout date. If you
are not an Independent Broadcaster and determine to terminate your
Account with money on deposit in your Account for use as tokens, such
amounts can be withdrawn by you subject to any third-party costs
associated with processing your deposit and withdrawal. Upon our
processing of your request to terminate your Account, you will no
longer have access to the non-public areas of the Platform nor will
you have access to any Member Content in your Account.
2. By Us. We may, in our sole discretion, terminate or suspend your
access to all or part of the Platform at any time, with or without
notice, for any reason or no reason at all, including, without
limitation, breach of this Agreement. Without limiting the generality
of the foregoing, any activity which we believe, in our sole
discretion, to possibly be illegal, fraudulent, abusive, or in
violation of our community standards, or our rules, may be grounds
for termination of your access to all or part of the Platform at our
sole discretion, and we reserve the right to refer any such activity
to any appropriate law enforcement agencies.
3. Effect of Termination. You accept that when you cancel your Account
or you are terminated or otherwise banned from the Platform, you will
be automatically locked out of the Platform, and will no longer be
able to access your Account, including any and all Member Content.
You also agree and accept that upon termination of your Account, we
have no obligation to maintain or store any content, mail or other
materials connected to or in your Account and that such information
may be irretrievable.
16. Representations by Community Members
1. You represent and warrant the following:
1. You are familiar with the laws in your area that may affect your
legal right to access or transmit erotica or adult-oriented
material and, by your accessing the site, you are representing and
warranting that you are not prohibited by law from accessing or
using the Platform or transmitting in any way any adult-oriented
material.
2. You are not a registered sex offender in any jurisdiction and have
never been convicted of any type of sexual crime against any
person or animal.
3. You are voluntarily choosing to proceed with your use of the
Platform because you want to view, read, or hear various content,
including, without limitation, content of an explicit adult nature
for your own personal enjoyment, information, and/or education.
4. You are familiar with the standards in your community regarding
acceptance of sexually-oriented materials, and the materials you
expect to encounter through use of the Platform are within your
community standards. Should the content you encounter through the
Platform not meet your community standards, you will immediately
cease use of the Platform.
5. You have not notified any governmental agency, including the U.S.
Postal Service, that you do not wish to receive sexually oriented
material
6. You will not violate any civil or other rights of any other
Community Member or any third party.
7. Any content that you upload or stream will be your original work
and not infringe the intellectual property rights of any
third-party.
2. You agree that:
1. You will follow all applicable laws governing your use of the
Platform; and
2. You will not violate any provision of these Terms.
17. Community Member Indemnities. An indemnity is your obligation to cover
us for certain losses, whether monetary or otherwise relating to or
arising out of certain actions by you. This section creates an
obligation on your part to protect us in these instances and is a
material inducement on our part to provide the Platform. You hereby
agree to indemnify us for any and all claims and losses, whether actual
or threated, including without limitation, our reasonable attorneys'
fees and costs, with respect to any claim relating to or arising out of
your use of the Platform that violates these Terms or any applicable
law. Again, if you do not agree to these Terms, you may not access or
use the Platform and should immediately exit the Platform.
6. CONTENT
1. Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to
United States federal law, any visual depictions that you post, share or
perform on or through the Platform which portray "actual sexually
explicit conduct", "depictions of the genitals or pubic area", or
"simulated sexually explicit activity", as those terms are defined in 18
U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the
records listed under 18 U.S.C. §2257, and any such postings must contain
a "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement."
Your failure to comply with the provisions of 18 U.S.C. §2257 may make
you subject to criminal and civil prosecution for the violation of
federal law.
2. Content Submitted to the Platform. All materials submitted and/or
streamed by Community Members through the Platform, including Member
Content, and created by such Community Member ("Community Member
Content") is and shall remain the property of the Community Member or
Independent Broadcaster who created it. Community Member Content shall
also include any chats, or other materials that are transmitted through
the Platform when you use the Platform. When you broadcast or upload
Community Member Content to the Platform, you hereby grant us a
worldwide, non-exclusive, royalty-free, sublicensable and transferable
license to use, reproduce, distribute, prepare derivative works of, and
perform the Community Member Content in connection with delivering the
Platform and for marketing and advertising the availability of the
Platform in any media format we choose. You also expressly provide that
each Community Member shall have a license to use the Community Member
Content under the terms of Section III(c) of these Terms. You will not
submit content that you did not create, own, or to which you do not have
the legal right to submit. This restriction includes the submission of
any third-party content. Community Member Content will comply with these
Terms and the Code of Conduct. All Community Member Content must also
comply with our "Content Submission Guidelines" in our Code of Conduct
located at Appendix C and which are incorporated by reference herein. You
represent and warrant that all Community Member Content is your content
and does not infringe upon the intellectual property rights of any
third-party. You will indemnify and hold us harmless for any and all
losses, damages or costs relating to or arising out of a claim that your
Community Member Content infringes the intellectual property rights of
any third-party.
3. Deleting Community Member Content. You may request that we delete
Community Member Content submitted by you by contacting us at
support@chaturbate.com. We may retain copies of the Community Member
Content but will not make them available through the Platform after we
have processed your request. Your license to us in any comments, texts,
chats or other Community Member Content (used in published advertising)
is not revocable. As noted elsewhere in these Terms, your Community
Member Content, if acquired through the Platform by another Community
Member, will be deleted from your Account per your request; however, any
Community Member Content acquired by other Community Members prior to the
date of your request for deletion of such Community Member Content will
remain in the Accounts of such Community Members. Moreover, you
understand that, although we may delete Community Member Content, one or
more other Community Members may have copies of or notes regarding such
content and we are unable to delete such copies or notes.
4. No Endorsement for Community Member Content. We do not endorse or
recommend, nor do we have or assume any obligation to monitor any
Community Member Content streamed or otherwise shared through the
Platform by any Community Member or Independent Broadcaster; and, we
hereby disclaim any and all liability with respect to Community Member
Content. We do not permit any copyright infringing activities or any
Community Member Content that infringes on our intellectual property
rights or those of any party or third party. We will remove any Community
Member Content where we are properly notified of such infringement as set
forth below. We may remove any such Community Member Content without any
notice. Our means of identifying Community Member Content that may
infringe upon a third party's rights or which is illegal or violates our
code of conduct, is dependent on properly presented notifications from
third parties claiming that their rights have been violated. For
Community Member Content which is offensive or which you believe is
illegal, notify us at support@chaturbate.com. For infringing content,
please follow the procedures in paragraphs "f" and "g" below.
5. Repeat Infringer. We have and enforce a repeat infringer policy. We will
terminate the Accounts of any Community Member and/or Independent
Broadcaster who is determined to be a repeat infringer.
6. Infringement and the DMCA. We respect the creative efforts of Community
Members and non-community members and have no tolerance for anyone's use
of a third party's intellectual property without such third party's
express permission. If you are a copyright owner and believe that your
work has been copied or in any way distributed or shared through
someone's use of the Platform in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide the Platform's Designated Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
2. description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. a description of where on the Platform the material that you claim is
infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
6. a statement by you made under penalty of perjury that the information
in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esq.
195 W. Pine Avenue
Longwood, FL 32750
Fax: (407) 774-6151
Email: Notice@DMCANotice.com
Do not send other inquires or information (other than Notices of
Infringement) to our Designated Agent. Any other inquiries should be sent
to support@chaturbate.com.
7. Infringement Counter-Notice. If your Community Member Content was removed
(or access to such Community Member Content was disabled), and your
Community Member Content is not infringing, or if you have the
authorization from the copyright owner, the copyright owner's agent, or
pursuant to the law, to post and use the material in your Community
Member Content, you may provide a counter-notice containing the following
information to the DMCA Agent listed above:
1. Your physical or electronic signature;
2. 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;
3. 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
4. Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the federal court in Los
Angeles, California, and a statement that you will accept service of
process from the person who provided notification of the alleged
infringement.
5. If a counter-notice is received by the Copyright Agent, we 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
our sole discretion.
6. Requests to Remove Content. In the unlikely event that you find
content in which you appear, but in which you do not own the copyright
(please see the DMCA section above if you own the copyright), that you
did not consent (or no longer consent) to have shared through the
Platform, you may have such content removed by emailing our support
team at support@chaturbate.com with a link to the content in which you
appear together with a statement that you did not consent (or are now
withdrawing your previously given consent) to have the content shared
through the Platform. Thereafter, the content in which you appear will
be removed as expeditiously as possible.
7. CODE OF CONDUCT
1. Code of Conduct. You understand that we do not create or publish content.
Instead, we provide a platform to provide others with the ability to
share their own content which they have all rights and permissions to
share. We work to implement only minimal rules intended to respect the
rights of others and comply with applicable law, and so that the Platform
remains a safe location for Community Members to express themselves.
These community rules are guidelines for what is permissible through the
Platform and are subject to change. Please review our "Code of Conduct"
located at Appendix C which is hereby incorporated by reference and made
a part of these Terms.
8. PROMOTION OF THE PLATFORM
1. Registered users of the Platform may be eligible to participate in our
affiliate advertising program and potentially earn commissions based on
the number and quality of registered user referred to the Platform. For
more information, please see Appendix B, which is hereby incorporated by
reference and made a part of these Terms.
9. MISCELLANEOUS
1. Links to Other Sites. The Platform may contain links, posted by us or by
one or more Community Members, to other websites operated by independent
third parties. These websites are not operated by us and we are not
responsible for any content or links they provide. Our linking to any
third-party sites is not an endorsement or certification as to the
content, opinions expressed thereon or safety or suitability of such
site. When you access a link to another site, you are leaving the
Platform and accessing the third-party site at your own risk. Other sites
are will have their own terms, privacy policies and procedures and may
contain malicious or destructive code, viruses, malware and other
tracking cookies. You should ensure that your device is adequately
protected. WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR ACCESSING
ANY THIRD PARTY LINKED SITES. Community members may not post links (or
references to links or third party sites generally) in their room subject
or as their location in their bio pages. We reserve the right to further
restrict where links may be shared and to which third party websites you
may link or reference.
2. Proprietary Information. Elements of the Platform contain proprietary or
confidential information that belongs to us. We assert full copyright
protection in the Platform, including all of the design and code embodied
therein. Any information shared or posted by us or by Community Members
may be protected whether or not it is identified as proprietary to us or
to the sharing Community Member. You will not modify, copy, or distribute
any information on the Platform without the express written permission of
the owner of such information and may not use any automated means to
scrape, download or otherwise collect any data or content from the
Platform including, without limitation, robots/bots, crawlers, or data
mining tools.
3. Disclaimer of Warranties. The Platform is provided on an "as is" and "as
available" basis. We do not warrant that the Platform will be
uninterrupted or error-free. There may be delays, omissions, and
interruptions in the availability of the Platform. WHERE PERMITTED BY
LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES
OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT
DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU
UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT
YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the
accuracy or reliability of any advice, opinion, statement or other
information displayed, uploaded or distributed through the Platform by us
or by any Community Member or any other person or entity. You acknowledge
that any reliance upon any such opinion, advice, statement or information
shall be at your sole risk. The site may contain errors, omissions or
other outdated information. We reserve the right to correct these errors.
If you have any questions, or believe you have encountered any type of
error, please contact us at support@chaturbate.com.
4. LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED
COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF
DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE
DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU
WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY UNUSED PORTION OF THE
VIRTUAL MONEY YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF
VIRTUAL CURRENCY, OR IF YOU VOLUNTARILY CANCELLED YOUR ACCOUNT), OR THE
SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
5. Complaints. To resolve or report a complaint regarding the Platform or
other Community Members, send an email detailing your complaint
to support@chaturbate.com. In appropriate circumstances, we will take
immediate action in order to help resolve the problem. You agree that in
attempting to resolve any complaint you send to us we may, in our sole
and exclusive determination, share your complaint in part or in whole
with other individuals involved and/or otherwise implicated in the
complaint.
6. Choice of Law. You agree that these Terms are governed by the laws of the
State of California, without regard to its choice of law provisions.
7. Arbitration. You hereby agree that, if we become involved in any dispute
relating to or arising out of your use of the Platform, any such claims,
including any private attorney-general representative claims, will be
resolved by binding individual arbitration and not in court. There is no
judge or jury in arbitration proceedings, and awards made by an
arbitrator are not generally appealable in court except in rare
circumstances. Arbitrators can, however, award damages on an individual
basis identical to what can be awarded by a judge. An arbitrator hearing
a claim is obligated to follow these Terms as a judge in a regular court
proceeding would be. The United States Federal Arbitration Act and United
States federal arbitration law apply to these Terms. To commence an
arbitration proceeding, you must send a notice to us at
legal@chaturbate.com. The arbitration will be conducted by the American
Arbitration Association (AAA) under its rules, including the
Supplementary Procedures for Consumer-Related Disputes, and the Federal
Arbitration Act. The AAA rules are available at www.adr.org or by calling
1-800-778-7879. Payment and fees for the arbitration are governed by the
AAA rules. We will reimburse the arbitration filing fees for claims less
than $1,000 except where the claims are ruled to be frivolous. The
arbitration will be held in Los Angeles County, California. Neither party
will be entitled to an award of its attorneys' fees or costs incurred in
arbitration, except where the court has ruled that the other party's
claim is frivolous.
Regardless of where you reside, to the fullest extent permitted by law,
you expressly agree that class action lawsuits, class-wide arbitrations,
private attorney-general actions, and any other proceeding where someone
acts in a representative capacity are not allowed, nor is combining
individual proceedings without the consent of all parties.
8. Entire Agreement. These terms plus any policies referenced herein or on
the site represent the entire agreement between you and us. To the extent
that there is a conflict between these Terms and any other policy, these
Terms will control except where expressly stated to the contrary.
9. Severability. These Terms are severable. If any provision or portion of
these Terms is held to be invalid or otherwise unenforceable, such
provision or portion shall be interpreted to fulfill its intended purpose
to the maximum extent permitted by applicable law, or if legally
impossible, such provision or portion shall be ineffective only to the
extent of such invalidity, and the remainder of these Terms will continue
in full force and effect. If any provision or portion of these Terms may
be construed in two or more ways, one of which would render the provision
invalid or otherwise voidable or unenforceable and another of which would
render the provision valid and enforceable, such provision will have the
meaning that renders it valid and enforceable.
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