Model and Studio Agreement for SoulCams.com

This document was last modified on 14 Oct, 2021

This agreement (hereinafter referred to as "Services Agreement") governs the relationship between:

Fluffy Stone Media GmbH, a limited liability company registered in Germany under the registration number of HRB 43682, with the registered address at Klostergartenstr. 14, 54340 Leiwen, Germany. (hereinafter referred to as "Website Operator")

and

the Model (hereinafter referred to as the "Performer", "Solo Model", "me", "you" or "I") and/or - in case of creation of a Studio Account - the Studio (hereinafter referred to as "Studio", and as the case may be, "you", "me", or "I")

Services agreement

By filling in and submitting the sign-up form, and by clicking on the button "I understand and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations and Personal data", the Model/the Studio gives its consent to, and notably its express consent to clauses regarding Declarations and Personal data, and accept the following Services Agreement:

Definitions

• "I", "me", "you": either Model, Studio, or both of them, as the case may be.

• Model: a person providing adult entertainment services for the Website Operator.

• Model Account: a registered account open by the Model with the Website Operator upon acceptance of the terms and conditions hereof.

• Private Chat: a private form of communication/interaction (online) between a Member and a Model, explained in greater details on the following wiki page.

• Free Chat: a public form of communication/interaction (online) between Model(s) and Visitors/Subscribers, explained in greater details on on the following wiki page.

• Free Chatroom: a designated virtual room online where Model(s) can communicate/interact with Visitors/Subscribers.

• Studio: a person (legal or natural) subscribing to a Studio Account, and who is providing adult entertainment services while contracting Models.

• Studio Account: a registered account of the Studio which may also register Models.

• Studio Models Contract: Contract between a Studio and its Models for rendering the Studio Models Services.

• Services: content/performance/chat services rendered by Models and Studios on the Website and, as the case may be, the transmission and distribution of such content to the public through satellite or cable network ("broadcasting"). Such services namely comprise online adult entertainment services, more precisely, performing live webcam shows, webcam chats (oral and/or in writing), availability of other related products such as videos of Models amongst others and uploading original content for the entertainment of Visitors/Subscribers worldwide, who have selected Models notably pursuant to live streams, images, and so forth. Services are usually sold on a pay per view basis, exception made of some specific products which may be sold on a one time basis, as further specified hereof where relevant.

• Visitors /Subscribers: persons visiting and/or subscribing and/or buying Services on the Websites or receiving any of its content in any media available now or created in the future (also referred to as members or end users from time to time).

Purpose

Whether natural or legal individuals, Models or Studios, all are acting under this agreement as professional services providers in the frame of their business/professional activities when rendering their services (not consumers).

A. Model

Section A is only applicable to Models

By means of the present Services Agreement, I expressly mark my interest to render Services as a Model on the Websites promoted by the Website Operator and its affiliates, which currently manages a business to consumer (B2C) - interactive live streaming video chat site and broadcasting, according to the terms of this Service Agreement.

The Model undertakes not to provide any illegal, harmful, obscene, hateful, racial, ethnical or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while rendering the Services under this Services Agreement.

In order to improve the efficiency of the above-mentioned Services, I am authorized to use the help desk provided by the Website Operator and/or its service providers, whenever deemed convenient.

I hereby certify that the Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently the present Services Agreement does not determine my place or schedule for rendering the Services. The Website Operator does not tell me what my lawful content or my Services shall be, since I am fully aware, as a Model, that I must provide reliable and efficient services in full compliance with the applicable legislation and object of the present Services Agreement.

I hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for members of the Websites and I am aware of the requirements regarding quality and the obligations that are previewed in such terms and conditions. In case of any questions to this regard I can contact the Website Operator according to the contact details provided in this Service Agreement.

Models may render Services in one of the areas/categories available on the Websites, which are subject to change without prior warning from the Website Operator, with respect to standard requirements related to the Websites environment and experience intended by the Website Operator.

The Services shall be rendered by me with total autonomy and technical independency. Therefore, I am completely responsible and liable for my own actions, videos, audio, chat, dialogue, instructional videos, and advice, as a consenting responsible adult, and all decisions related to the content of my actions as Model are made at my own discretion.

Notwithstanding the above, I am acting under this Services Agreement as a professional when rendering the Services, nevertheless it is not intended that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary diplomas, it being my responsibility to keep the end users duly aware of that fact. I understand that I am not in any way an employee of the Website Operator and/or of any other entity related to the Website Operator.

I hereby declare that under this Services Agreement I will render high quality Services, I will not provide any wrongful or misleading information to the member of the Websites knowingly and that at any moment I will be acting honestly and professionally.

B. Studio

Section B is only applicable for Studios

The Studio enters into this Services Agreement in view of providing Services to the Website Operator. For this purpose, the Studio may contract with Models. In any case, the Studio is solely responsible toward the WEBSITE OPERATOR for Services rendered by their Models.

The Studio understands and agrees that the services to be rendered by Models (hereafter referred to as the " Model Services") under the terms and conditions of the contract concluded between the Studio and the Models (hereafter referred to as the " Model Contract") are of adult entertainment nature, namely, to perform live webcam shows and chat through the Studio equipment for the entertainment of Visitors/Subscribers all over the world, who have selected such Models according to live streams, images, offline (teaser) and paying videos or receiving the broadcast.

The Studio understands and agrees that it is its responsibility to determine the terms and conditions of the Model Contract, which the Studio shall autonomously and independently determine without any influence of the Website Operator, provided that such a Model Contract does not result in the violation of the Studio’s obligations under the present Services Agreement and while procuring that the Models must follow the rules, where applicable, of this Services Agreement. Accordingly, the Models shall not be in a contractual or any other relationship of any nature with the Website Operator. The Studio agrees that it shall remain solely and completely responsible and liable for all the content, actions, shows, videos, chat, dialogue, and any other Models Services rendered under the Model Contract.

In order to improve the efficiency of the Models Services, I, as a Studio, am authorized to use the help desk provided by the Website Operator, whenever deemed convenient.

Website operator may grant certain advantages at its sole discretion to the Studio in order to keep the loyalty of the latter. Should any of such advantages affect the Models of that Studio, with special regard to the further registration of those Models on the Websites, then it is the sole responsibility of the Studio to reflect it in the Studio Models Contract.

I, as a Studio, hereby certify that the Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently the present Services Agreement does not determine the place or schedule for the Models to render the Models Services, which are determined in the Model Contract. The Website Operator does not tell me what my lawful content or the Models Services shall be, since I am fully aware, as a Studio, that I am responsible for the Models to render reliable and efficient services in full compliance with the applicable legislation and object of the Model Contract.

I, as a Studio, hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for members of the Websites and I am aware of the level of quality and obligations that are previewed in such terms and conditions. In case of any questions to this regard I can contact the Website Operator according to the contact details provided in this Service Agreement. In this respect, I hereby certify that I am liable for the Models, in compliance with their obligations under the Model Contract, to render the Models Services according to the level of quality and obligations that are previewed in the terms and conditions of the Websites that are applicable for members of the Websites.

The Studio is acting under this Services Agreement as a professional in the frame of the exercise of my business activities (as opposed to consumers) when rendering the Services and thus will be solely responsible for paying all applicable taxes. As a general rule, the Studio is required to provide invoices for all services rendered to the Website Operator. Such invoices shall comply with all applicable domestic law and EU law, as the case may be. In case the Studio cannot provide an invoice to the Website Operator, the latter may generate a self-invoice. By acceptance of this Services Agreement, the Studio agrees to the Website Operator operating a self-invoicing system, if needed, and accepts each self-invoice to be issued by the Website Operator in respect of services provided by the Studio. It is not intended that the Studio is to be viewed as being certified by public authorities or by any necessary diplomas, it being the Studio’s responsibility to keep the end users duly aware of that fact. As a Studio, I understand that I am not and that the Models are not in any way employees of the Website Operator and/or of any other entity related to the Website Operator.

I hereby commit, as a Studio, that under the Model Contract, the Models will render the Models Services with high quality, will not provide any wrongful or misleading information to the member of the Websites knowingly and that at any moment the Models will be acting honestly and professionally.

The Studio further engages to guarantee that the Models respect the requirements applicable for the Studios as well as the requirements for Models as provided in clause 1 A above.

Duration

This Services Agreement shall be effective as from the date when the Model/the Studio registers on the Websites and accepts this Services Agreement by clicking on the button "I agree, understand and I accept this Services Agreement and expressly declare the acceptance of clauses regarding Declarations and Personal data", and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Services Agreement.

Fees

I acknowledge that the amount to be paid for the Services rendered, within the scope of the present Services Agreement, will be published on the Websites. I, as a Model/Studio, agree with the Website Operator that the amount to be paid for the Services rendered on the Websites shall vary in accordance to the charge option chosen (i.e., per minute fees that I discretionarily choose, and which are paid by visitors to the Website Operator for the Services offered by me through the Websites).

I understand and accept that the amounts to be paid by the Website Operator to me will correspond to a certain percentage (varying according to the type of Services) of the chosen charge option (i.e. certain percentage of the price paid by the Visitors/Members of the Websites to the Website Operator) as described above which percentage and charge options will be published on my registration account and/or my sales page (which I can consult before any rendering of Services). I understand and accept that no royalty shall be due to me for any original content uploaded by me to the Websites or for any content of me which is broadcasted. I fully understand and acknowledge that the Visitors/Members of the Websites are the customers of the Website Operator.

I am fully aware that prices shall be due as rounded American dollar amounts without additional cents. Consequently, I agree that fractional payment amounts will not be credited to me. The price referred to in the present clause shall be paid by means of, bank wire transfer, ePayments, or other payment methods available and chosen at the Website Operator's own discretion.

I also acknowledge that the price to be paid for rendering the Services may be proportionately and adequately reduced in case of my/Studio Performers’ unlawful conduct, namely, in violation of the present Services Agreement and/or applicable legislation, and/or in case of separate arrangement pursuant to the terms of the Services Agreement hereof that would be conducive to such a decrease where applicable.

The prices per minute payable by Visitors/Members and which also constitute the base for counting amounts earned by me as described above are subject to change at the Website Operator’s own discretion and upon prior notification to me. In case of a substantial change in the amount of available price to charge, I shall have the possibility to terminate the present Services Agreement upon reception of such change; otherwise if I continue providing services through the Websites, it shall be considered as tacit acceptance to such changes.

Credit card fraud is a crime, and the Website Operator will do everything in its power to help local and international agents to trace people committing such felonies. The Website Operator will NOT pay any fees in case of fraudulent purchases. The purchases MUST originate from the owner of the credit card or have permission from the owner for using their credit card. The Website Operator team does everything in its power to minimize the percentage of fraudulent purchases. If you know of ANYONE committing such activities please notify us, so that you can help us protect our Websites.

Declarations

I hereby certify that I am, and as the case may be, that Models under my Studio Account as well as any person appearing in camera area or pictures, are at least 18 years of age (or 21 when so required by local law), or age of majority in my/their legal jurisdiction (whichever is greater). By ticking/clicking the "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations and Personal data)" checkbox/button I certify that I or the Models as the case may be, have reached the age of majority and that I will NOT provide the Website Operator with false identification (including my or the Models’ name, address and/or date of birth).

I am fully aware that the Website Operator, will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which origin from the Visitors/Members and/or Models/Studios of the Websites or from any other person or third entity to the present Services Agreement.

I certify that all decisions related to the rendering of Services are made at my, or as the case may be, at the Models’ own discretion, that such Services do not violate the local community standard of "obscenity" in my/their area, nor do they violate any other laws. I am completely responsible for my own actions as a consenting adult and as the case may be, for any actions of the Models. I also certify that I am, and as the case may be, that the Models under my Studio Account are, also aware of my/their criminal liability and therefore, I/they will act, under all circumstances, in accordance to my/their local community standard of morality and applicable laws. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am, and as the case may be, the Models are, rendering the Services/ Models Services in the video/film and appearance(s) of my/their own free will.

I will indemnify and hold the Website Operator harmless from all liabilities related to the Services rendered in the framework of this Services Agreement. I hereby discharge all persons related to the Website Operator of any past, present, or future liabilities in the framework of this Services Agreement.

I further represent that I have fully read and agree with the contents of this Services Agreement prior to its execution. I have not been induced or forced by the Website Operator, its agents, employees, nor anyone acting on their behalf to sign this Services Agreement. As I accept the terms of this Services Agreement I certify that the identification that appears above is true and accurate. I also certify, as a Model or as a Studio as the case may be, that I, or the Models will not provide any defamatory, abusive, threatening, racially offensive, or illegal material, and have no intention of supporting immoral interests. I understand that if the Website Operator suspects that I, or as the case may be, the Models have provided forbidden content, my account(s) will be frozen immediately for further investigation and it may result in the permanent termination of my account(s), and in the cancellation and forfeiture of all payments from the Website Operator.

I also certify that I will not force anyone to render Services on Websites promoted by the Website Operator and that all Models under my Studio Account, as the case may be, are providing Models Services through the Websites by their own free will. I will not solicit or take part in anything related to escort services or prostitution. By marking the checkbox "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations and Personal data" I declare that all Model Accounts eventually created or which will eventually be created in the future under my Studio Account will be provided with true and accurate legal documents.

I further declare that I understand that any physical contact or exchange of contact details with Members/Visitors of the Websites or contacting them in any other way is prohibited. Any breach of this obligation will immediately result in termination of this Services Agreement. I am aware that the Website Operator may contact any competent authorities, including the state prosecutor in order to initiate any criminal or administrative proceedings.

I understand that if the Website Operator and/or any other entity indicated by it, suspect that I or the Models, as the case may be, under my Model/Studio Account have provided forbidden content, my account(s) will be frozen immediately for further investigation, and that it may result in the permanent termination of my account(s), and cancellation, without the refund of any payments from the Website Operator to me.

I hereby acknowledge that the Website Operator has the right to, immediately and unilaterally, terminate the present Services Agreement and any accounts, including Studio Accounts and Model Accounts upon the slightest suspicion of forgery or inadequate behavior.

I also acknowledge the right for the Website Operator and/or any other entity indicated by it, to be fully indemnified for all damages caused by my unlawful conduct or breach of the present Services Agreement.

As a Model or Studio I declare that I will be responsible for my, or as the case may be for the Models’, behavior and Services rendered and I will accept, or as the case may be make the Models accept and respect all above mentioned declarations and all obligation applicable for the Models under this Services Agreement.

Personal data

A. Model

When you decide to register on SoulCams as a model and provide live cam performances and other services, you will share some personal information with us. Please read carefully our Privacy Policy, which explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data.

B. Studio

• Your Personal Information

When you decide to register on SoulCams as a Studio and use our site, you will share some personal information about you with us. Please read carefully our Privacy Policy, which explains how we collect, use and share your personal information and the choices you have regarding the use of your personal data.

• The personal information of Models

Roles of the Parties. With regard to any personal data processed by Website Operator and Studio in connection with this Agreement, Website Operator and Studio will respectively each be a controller in respect of their own processing activities.

Website Operator and Studio agree to comply with the requirements of the data protection laws applicable to controllers in respect of the provision of their respective services and otherwise in connection with this Agreement including, but not limited to, the EU General Data Protection Regulation 2016/679, the e-Privacy Directive 2002/58/EC (as amended and replaced from time to time) and their national implementing legislations, laws regulating unsolicited e-mail communications, security breach notification laws, laws imposing minimum security requirements ("Data Protection Laws"). For the avoidance of doubt, Website Operator and Studio each have their own, independently determined privacy policies, notices and procedures for the personal data they hold and are each a data controller (and not joint data controllers). In complying with the Data Protection Laws, Website Operator and Studio shall, without limitation:

1) implement and maintain at all times all appropriate security measures in relation to the processing of personal data;

2) maintain a record of all processing activities carried out under this Agreement; and

3) not knowingly do anything or permit anything to be done which might lead to a breach by the other party of the Data Protection Laws.

Information of Models. In order for the model to be appropriately informed of the processing of his/her personal data, Studio's Privacy Policy or Model Contract must clearly and expressly indicate that the use of Websites and provision of Services on the Websites are subject to the Website Operator's Privacy Policy. Studio shall provide a link to or a copy of the Website Operator’s Privacy Policy and shall be responsible to inform Models of the changes to the Privacy Policy that could occur from time to time.

Consent of Models. Studio shall be responsible and undertake to collect, for the execution of the present Services Agreement and, after termination of the present Services Agreement, as necessary for Website Operator’s legitimate business interest, to comply with legal obligations, defend ourselves against legal claims or respond to requests from governmental authorities or law enforcement agencies, the individual and explicit consent of the Models regarding the processing of special categories of data as described in Art. 9 GDPR, for any services provided under this Agreement. The special categories of data processed by Studio and Website Operator concern (i) data of Models relating to their sexual life or sexual preferences and (ii) data revealing racial or ethnic origin.

Studio shall be responsible for the Models to agree and authorize, under the Model Contract, the Website Operator and/or any other entity indicated by it, to obtain and store information automatically from Models’ computer used to connect to the Websites (including, without limitation, cookies).

In case Studio provides Models’ email address, Studio shall be responsible for the Models to agree and authorize, under the Model Contract, the Website Operator to send commercial communications to the Models.

When obtaining consent(s) from the Models, Studio undertake to inform the Models that the consent(s) given will apply to all Model’s accounts, in case such Model has several accounts.

Studio undertakes and shall be able to provide Website Operator with written evidence of the consents given by the Models, on request made by this latter.

Data Subjects Rights. Studio shall promptly notify Website Operator if Studio receives a request from a Model under any Data Protection Laws in respect of the processing of personal data made by Website Operator. Studio shall make such notification by email to support@soulcams.com no later than forty eight (48) hours of the receipt of the request.

Indemnity. Studio will fully indemnify and hold harmless Website Operator and any entities of its group of companies, as well as their officers, directors, shareholders, agents, and employees from any liabilities, losses, damages, costs (including, without limitation, attorney’s fees), expenses or fine (including, without limitation, any administrative fine as imposed by any data protection supervisory authority), as suffered or incurred by any them and resulting from:

1) Any breach by Studio of this “Personal Data” occasioned by an act or omission of the Studio or of one of its employees, agents or contractors;

2) Non-compliance by the Studio with the provisions of the Data Protection Laws.

Inspection. Studio shall be responsible for the Models to allow under the Model Contract all their personal data and/or the contents published on the Websites to be inspected by the Website Operator and any entities indicated by the latter, randomly, resorting to any existing means for such effect. Notwithstanding the above, Studio is aware that it is not a duty of the Website Operator to proceed with such inspection, and the Website Operator and said entities will not be considered responsible, either jointly or severally, in case of the unlawful conduct of Models or provision of false information to the Website Operator.

Rights to the image and author right

I expressly authorize, and as the case may be I am responsible and liable for Models to expressly authorize under the Studio Performer Contract, the Website Operator to monitor, record, and log all my/ Model online activities (including chat, messages, e-mail, etc.) on the Website.

I acknowledge and agree, and as the case may be I am responsible and liable for Models to expressly authorize under the Studio Performer Contract, that any material recorded or any original work published on the Websites (and all rights therein, including, without limitation, author rights to such recorded works and materials together with the results and proceeds of such services) are specially commissioned by us as a work made for hire and belong to and shall be the sole and exclusive property of the Website Operator.

I recognize and hereby authorize, and as the case may be I am responsible and liable for Models to expressly recognize and authorize under the Studio Performer Contract, the Website Operator to review any content (uploaded and/or displayed on the Websites) for violation of applicable and/or relevant policies in place from time to time. Any forbidden content shall be immediately removed by the Website Operator. Notwithstanding the above, I am aware that it is not the Website Operator’s duty to proceed with such revision and therefore the latter shall not be deemed responsible, either jointly or severally, in case of any content or action displayed as a result of my unlawful conduct or that of Models’ I am responsible and liable for where applicable or in breach of applicable Websites policies as applicable from time to time.

If any Websites Models’ content/material is not determined to be a work made for hire, I hereby expressly assign, and transfer (including the rights of Models that have been transferred to me by the them) without any additional compensation, except of fees that I receive for the Services rendered under this Services Agreement definitively, irrevocably, and exclusively to the Website Operator, who hereby accepts, any and all existing and future author rights, trademarks, service marks, trade secrets and all other intellectual proprietary rights, or any portion thereof, of every kind and character, for the period of the validity of such intellectual property rights including any eventual renewals and extensions, throughout the world, related to the results, content, and proceeds of my/ Models appearance(s) (including all such appearances made to date) on the Websites and/or any other entity indicated by it, as well as any and all shows, videos, audio, chat, dialogue, acts, pictures or other uploaded original content and any and all contents which are part of the Services/ Models Services rendered and specially commissioned as part of an audiovisual work - including all renewals, and extensions of any and all intellectual property rights in case they are considered as such by state authority or court of law. Further, the Website Operator is granted the right to use, edit and change such content in any manner that Website Operator may determine, with or without my knowledge in any manner in Website Operator’s sole election and discretion, which use shall not entitle me to receive any compensation whatsoever. The Website Operator shall be deemed, for all purposes, the holder of the rights thereof.

In respect of the assignment hereto, I expressly confirm and guarantee, and as the case may be I am responsible and liable for Models to expressly confirm and guarantee to the Website Operator, that in the event a content uploaded on the Websites is determined not to be a “work-made-for-hire,” I, and/or where relevant, the Model, have/has obtained from each third party (i.e.: Photographer(s)) irrevocable and absolute grants and assignments, in perpetuity (to the extent allowed and possible under applicable law), throughout the universe, in all media now known or hereafter developed, of all right, title and interest, including without limitation, the unencumbered, sole copyrights, trademarks and related rights (and all renewals and extensions thereof).

I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator may also use and reuse, publish, distribute, edit, excerpt, exhibit, and otherwise exploit my/ Models’ name (username), likeness, persona, performance, voice, pictures, chat, video, audio, uploaded original content, biological information and identification, and statements, for any and all uses, in whole or in part, in any and all media and manners now known or learned, for use throughout the universe, without limitation, including in connection with the advertising, exploitation, and publicizing and/or all allied ancillary and subsidiary rights (including, without limitation, merchandising). Without limiting the generality of this Section, Website Operator, on the one hand, and I, on the other hand, are aware and hereby acknowledge that new rights of and to the material may come into being and/or be recognized in the future, under law and/or in equity (collectively, the “New Exploitation Rights”), and I intend to and hereby assign, grant and convey to Website Operator, any and all such New Exploitation Rights in and to the content. Website Operator, on the one hand, and I, on the other hand, also are aware and do hereby acknowledge that new (and/or changed) technology, uses, media, formats, modes of transmission and methods of distribution, dissemination, exhibition or performance (collectively the “New Exploitation Methods”) are being and inevitably will continue to be developed in the future, which would offer new opportunities for exploiting such content. I intend and hereby assign, grant, and convey to Website Operator any and all rights to such New Exploitation Methods with respect to the content. Website Operator’s rights in the content may be freely assigned and licensed and any such assignment or license shall be binding upon myself and shall insure to the benefit of such assignee or licensee.

I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator may edit my/ Models’ appearance as the Website Operator see fit and that I/ Models and any affiliated parties (i.e.: Photographers) waive any and all moral rights, including the right to injunctive or other equitable relief, to the extent permitted by law, that I/ Models and any affiliated parties (i.e.: Photographers) may have, and that I/ Models and any affiliated parties (i.e.: Photographers) understand that the Website Operator have no obligation to use my/their appearance(s).

I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract that still pictures may be made from video or my/Models’ appearance(s) by any means, and that I/ Models and any affiliated parties (i.e.: Photographers) grant to the Website Operator and any of its successors, licensees, and assignees, the right to use said photographs, without further payment to me/ Models and any affiliated parties (i.e.: Photographers), in printed publications, digitally on the internet, via CD, or any other media, without restrictions (including, but not limited to, the manufacture and production of merchandise and/or derived art creation/exhibition). Further, Website Operator, its successors, assignees and licensees, shall have the right, but not the obligation, to use all content provided by me/Models in accordance with this Agreement, and my name, voice, likeness and biography (as applicable) and ancillary and subsidiary uses thereof, in all media in perpetuity throughout the universe, including without limitation for the purpose of advertising, merchandising, programming and promoting the Website Operator brand.

I grant, and as the case may be I am responsible and liable for Models to grant under the Studio Performer Contract, the Website Operator and it's successors, licensees, and assignees, the right to use any photos taken by me/ Models (via webcam or by other means) and sent for publication on the Websites without further payment to me/ Models, in printed publications, digitally on the internet, via CD, or any other media, without restrictions.

I hereby expressly waive, and as the case may be I am responsible and liable for Models to expressly waive under the Studio Performer Contract, any further financial compensation for any of the rights assigned, transferred, or granted to the Website Operator under this Services Agreement/the Studio Performer Contract.

I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator reserves a right to transfer or assign any of the above mentioned rights to its group companies or any other person if the need arises.

I hereby expressly agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that Website Operator may use, utilize, publish, distribute, edit and otherwise exploit all of my model content including my uploaded original content (both nude and non-nude) related to the Website in all kind of media sources included but not limited to internet, television, broadcasted media, radio, newspaper, merchandise and social networking sites (e.g. Twitter, Facebook, Instagram, etc.)

Duties

I undertake the duty to provide the Website Operator, in writing, with updated information concerning any changes related to my/ Models personal data, within the term of five (5) days counted from the occurrence/communication of said changes.

I also undertake the duty to possess and provide at my own costs (to Models as the case may be) the working instruments (including IT tools) necessary for the efficient rendering of the Services/ Models Services established in the present Services Agreement/ Model Contract.

I, as a Model or Studio, will not provide, and as the case may be I, as a Studio, will be responsible and liable for Models to not provide, any defamatory, abusive, threatening, racially offensive, or illegal material. I will not solicit or take part, and as the case may be I will be responsible and liable for Models to not solicit or take part in anything related to escort services or prostitution, and I am fully aware/I am responsible for informing the Models of my/their criminal liability in such cases.

I hereby certify, and as the case may be I am responsible and liable for Models to certify under the Model Contract, that I/ Models will not have any physical contact with the Visitors/Members of the Websites, nor shall I/ Models organize any meetings with them or in any other way try to have a contact other than provision of online Services/ Models under this Services Agreement/the Model Contract.

I undertake, and as the case may be I am responsible and liable for Models to undertake the duty to clear out of my/their recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including the ones concerning author rights) at all times, avoiding unlawful use of trademarks, brands, imagery, and/or registered music.

I will not, and as the case may be I will be responsible and liable for Models to not, solicit, offer, purchase, sell, or propose any business deal, transaction, trade, or other economic deals to the Visitors/Members, since I acknowledge that the Website Operator expressly forbids me/ Models from doing it.

I undertake the duty to make hard copies of my account information online, or of the Models Account information online as the case may be, at the Model/Studio page of the Websites I/ Models render my/their Services/ Models Services through, for my own/ Models own records, since I acknowledge that the Website Operator shall not provide me or the Models with copies of my/their account information.

I shall immediately inform the Website Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. I shall also remain exclusively and personally liable for any unauthorized use of the Services/ Models Services offered through my account Studio Account.

I shall indemnify, pay the costs of defense, and hold the Website Operator, as well as its officers, directors, affiliates, attorneys, shareholders, agents, and assignees, harmless from any and all claims brought by third parties arising out of, or related to, my or as the case may be Models’ conduct, statements, uploaded content or actions during any appearance(s) on the Websites. The provision set forth here above includes without limitation any liability or damage arisen from any comment, recommendation, advice, suggestion, reading, example, conclusion, or other, made by me/ my Models, as well as for any products, services, information, or other materials displayed, purchased, or obtained by Visitors/Members in connection with the Services/ Models Services or Models’ suggestions.

I shall fully indemnify and pay any and all costs of defense to the Website Operator in case of breach of any of the clauses set forth in the present Services Agreement.

Basic rules for the provision of Services

The below-mentioned rules must be followed by all Models and Studios rendering services through the Websites.

On the other hand, activities that violate any card association standards are strictly forbidden and will lead to immediate and permanent suspension of the concerned account.

The Studios undertake to guarantee that Models rendering services on this behalf respect the below rules as well.

Models or Studios must have a valid and approved registration on the Websites. Models and Studios appearing in camera area or in the pictures through SoulCams.com must be registered under the given Model Account or Studio Account.

Broadcasting a pre-recorded video or still image instead of the live camera stream is against the rules of the Websites. Violation of the rules is considered as a breach of this Services Agreement and might result in suspension of the account, immediate ban from the Websites or the stop of payouts.

Giving out and asking for personal information, including personal information of Visitors/Members and Models is against the rules. E-mail addresses from outside the Websites, online messenger IDs (such as: Yahoo!, Skype, ICQ, etc.), permanent addresses, are considered personal information and are forbidden to ask.

Any kind of personal contact with Visitors/Members of the Websites, soliciting for escort service, prostitution, asking for money is against the rules.

Underage sexual activity, bestiality, incest, demonstration of blood or animals and mimicking the above mentioned is against the rules. Role playing that includes an underage role is against the rules. Any attempt to display text material that is a celebrity name, offensive, suggests pedophilia, adolescence, bestiality or zoophile, referring to elimination or consumption of any bodily waste or implying words that are unacceptable by the standards of good taste will lead to immediate and permanent suspension of the concerned account.

Advertising other websites or services is strictly prohibited, unless expressly allowed by the Website Operator in this Services Agreement.

Models need to follow the basic category rules described in the Websites for each category of Services regarding the number of persons, proper outfit, etc.

You/ Models have the option to kick or ban impolite Visitors from your/their Free Chatroom, although it is against the rules to misuse this function. Making derogatory statements about other Models or Visitors/Members is prohibited. Although you/ Models are obliged to respect and follow the instructions of the staff of Customer Service.

Severe violations of the Service Agreement may result in the banning of the Model’s account.

Advertising other websites or services, asking for or giving out private information or asking for money from the Visitors/Members

Please be advised that this basic list of rules is non-exclusive and does not contain all possible violations of the present Services Agreement. Therefore an act not mentioned above could qualify as a breach of this Services Agreement after considering the situation and analyzing the general purpose of this Services Agreement. Please read the list of Rules here: Rules and Regulations for Performers

In case there is any part of the above statements you do not accept, or you are not aware of pertinent laws and regulations DO NOT ENTER OR SUBSCRIBE TO THE WEBSITE!

Co-authored Content

If you upload Content to your SoulCams account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise) that each individual shown in any Co-Authored Content uploaded to your account:

• is over 18 years old and you have verified their identity and age
• has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
• has consented to the Co-Authored Content in which he or she appears being posted on SoulCams and consents for the content to be downloaded.

Please also note the followings:

• If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on SoulCams. You also need to present a proof of license or consents upon request.
• You agree that we will only pay out Creator Earnings to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the Creators shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.

• You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or appeared in the Co-Authored Content (as applicable).

Account closure request, content removal requests

If you would like your account to be closed, you need to send us an email to support@soulcams.com from your registered email address. We process your request in 24 hours and you receive an email confirmation when it is completed.

If you want only specific contents to be deleted from your account (such as images, image albums, Fan club, premium photo albums, videos) you can either do it yourself in your account or you can contact us too at support@soulcams.com and we process your request in 24 hours.

In case, you find any content on our website on which you appear and was/were published without your consent, contact us at support@soulcams.com immediately. Such contents will be removed in 24 hours and you will be contacted by email once it is completed.

Content Removal Request: https://wiki.soulcams.com/index.php?title=Content_Removal_Request

DMCA request: https://wiki.soulcams.com/index.php?title=DMCA

Complaints Policy

This document set out our complaints policy. If you are a model or studio of SoulCams, this Complaints Policy forms part of your agreement with us.

• Who we are and how to contact us: Fluffy Stone Media GmbH is the company that operates SoulCams.com. The company is registered in Germany, and is a private limited liability company with the registered address at Klostergartenstrasse 14., 54340 Leiwen, Germany (Registration number is HRB 43682)
• Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Customers.
• Who can use this Complaints Policy? Whether or not you are a model or studio of SoulCams, you can use this Complaints Policy to alert us to any complaint which you have relating to SoulCams.
• How to make a complaint: If you have a complaint about SoulCams (including any complaint about Content appearing on SoulCams or the conduct of a Customer), please send your complaint to support@soulcams.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates. You also can contact our Live Support on the following link: https://www.soulcams.com/supportchat.php or even send us a postal letter:

• How we will deal with complaints of illegal or non-consensual Content:
  • we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
  • if we require further information or documents from you, we will contact you to let you know;
  • we will in good faith investigate your complaint within seven (7) business days;
  • if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
  • if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.

Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.

• How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.

• How we will deal with other complaints:
  • we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
  • if we require further information or documents from you, we will contact you to let you know;
  • we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on SoulCams and we are satisfied that the Content otherwise breaches our policy, we will act quickly to remove such Content;
  • we are not obligated to inform you of the outcome of your complaint.

• Unjustified or abusive complaints: If you are a model or studio of SoulCams, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.

Assignment

I am not entitled to assign or transfer my contractual position to any other person/entity. I agree, and as the case may be I will be responsible and liable for Models to agree, that my Model username/password must not be provided to any other person, otherwise I, shall be held liable in accordance to clause 7 of the present Services Agreement.

I agree that the Website Operator has the right to transfer or assign its rights and obligations under this Services Agreement without limitation.

Amendments

The Website Operator may make changes to this Services Agreement, in such case it undertakes the duty to inform me of such changes before they enter into force. In case the Website Operator makes changes to this Services Agreement, the Studio undertakes the duty to reflect such changes in the Model Contract to the extent this Model Contract remains compliant with the rights and obligations of the Studio under the present Services Agreement.

If any modification is unacceptable to you, you, or as the case may be Models, shall cease providing Services to the Website Operator. If you, or as the case may be Models, do not cease rendering Services, you will be conclusively deemed to have accepted the changes.

In case of any queries I may contact support@soulcams.com directly. I hereby acknowledge that the terms and conditions (including its privacy policy) of the Services Agreement may be consulted by me at any time by visiting the following page.

Termination

Either party may terminate this Services Agreement, at any time, based on any reason, upon prior and express notice given in writing (including email) to the other party with a minimum antecedence of 5 (five) business days. The Website Operator may terminate this Service Agreement immediately in case of serious violation of its terms by the counterparty, without prior notice. In case your sign up form stays incomplete for thirty (30) calendar days consecutively, then Website Operator may terminate your account. Please note that after six (6) months of inactivity the Website Operator may close your account and terminate this Service Agreement without any further notice, therefore any earnings that do not reach the payout limit and/or paid by the Website Operator but not collected/accepted by you will be lost. If this Service Agreement is terminated for any reason then thereafter you will not gain any commission from the lifetime member referral program.

Severability

If any term or provision of this Services Agreement shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Services Agreement will not be affected thereby, and each remaining term and provision of this Services Agreement shall be valid and enforceable to the fullest extent permitted by law.

Notices

Any notice, recommendation, or advice by each party to the other hereunder shall be provided to the following contacts:

Fluffy Stone Media GmbH; email: support@soulcams.com

I have carefully read the terms of this Services Agreement and have indicated my consent and express consent to the clause regarding Declarations and Personal data by clicking on the button "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations and Personal data".

Category Rules:

• • Girl: a single girl between the age of 18-30 years
  • Lesbians: 2-4 female performers
  • Mature female: single female model at least 30 years old
  • Couple: one female and one male model
  • Fetish: One female model online, spiced up with fetish accessories and extreme undertakings from who you can request a nude, erotic show during Private.
  • Boy: 1-4 male performers
  • Transgender: a single transgendered performer or maximum 4 performers in the same time where at least one participant is a transgendered performer.
  • Threesome: a group consisting of Female / Female / Male or Female / Male / Male (a threesome cannot consist of three male models as males are only allowed to be in categories where they perform with at least one female person)
  • Foursome: a group of 4 performers on cam at the same time (performer's gender compound can be various, but there has to be at least one female from the four models)
  • In Flirt and other non-nude categories like Talk only, Soulmate, etc performers are free to decide what kind of show they are willing to provide in private show (nude show is possible also).

Please read more about the SoulCams Category and Characteristics system here: Category sytem on SoulCams