Model and Studio Agreement for SoulCams.com
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 Saarstrasse 28, 54290 Trier, 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 have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)", the Performer/the Studio gives its consent to, and notably its express consent to clauses regarding Declarations (4th clause) and Personal data (5th clause), and accept the following Services Agreement:
Definitions:
"I", "me", "you": either Performer, Model or Studio as the case may be.
"Performer": Performer accounts are registered under the Studio Account, consisting of at least one Model as a physical person. Performer names are fictional and CAN NOT be the same as the full, legal name of the Model or anyone else, or a trademark.
"Studio": An individual or a legal entity, providing services for SoulCams.com. Studios may register unlimited number or Models and Performer Accounts. A model may appear under different Performer Accounts.
"Standalone Account": Offers a simplified registration for single models.
"Services": Services rendered by Performers, Studios and/or Studio Performers on SoulCams.com, which namely comprise online entertainment services, more precisely performing live webcam shows and chat in front of cameras for the entertainment of Visitors/Subscribers all over the world, who have selected Performer/Studio/Studio Performer according to live streams, images, pre-recorded videos or audio files and within the form of online live streaming video shows and chat sessions usually sold on a pay-per-view basis.
"Websites": websites where services are rendered, including SoulCams.com and any other website which might be operated by Website Operator.
"Visitors / Subscribers": People visiting and/or subscribing and/or buying the Services on the Websites (also referred to as Members or End Users).
Whether natural or legal individuals, Models and Studios are acting under this agreement as professional service providers in the frame of their business/professional activities when rendering their services (not consumers).
Contents
Limitation of liability
All visible participants appearing on SoulCams.com shall be consenting adults who are at least 18 years of age, of legal majority age in Model's jurisdiction. All persons whose photos, audio file, live video broadcast, recorded videos are presented on SoulCams.com are autonomous, work from remote private premises, are neither employees, nor independent contractors of SoulCams.com. SoulCams.com exercises no control over the photos, audio or video feeds (recorded or live) displayed by them and nor is SoulCams.com held responsible against any money issues arising from any Models listed on the website.
Copyright
Model hereby warrants and agrees that Model possesses all intellectual property rights, interests, and licenses necessary to engage in this agreement. You may not post, distribute, or reproduce any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights.
Content ownership
The Performer or Studio will upload and transmit content in the form of video, photos, audio, and/or text to and through SoulCams.com's system for re-broadcast. SoulCams.com shall own all such content, and will have the sole discretion to use all such content in any way it deems necessary, in any medium, in all promotion, distribution, advertising, sales and marketing efforts, during and after the term of this Agreement. SoulCams.com shall own all rights and interests in any Performer/Studio pseudonyms or fictional names, and, to the extent such pseudonyms and names rise to the level of trademarks or service marks, Performer/Studio hereby assigns and transfers all Performer/Studio’s right, title and interest (if any) in and to such trademarks and service marks, along with all goodwill associated therewith, to SoulCams.com. Performer/Studio covenants and agrees that Performer/Studio shall not directly or indirectly bring any action or claim against SoulCams.com, its affiliates, successors and assigns for trademark, service mark or trade dress infringement.
Model/Studio grants to SoulCams.com, its employees, agents, representatives, contractors, successors, and assigns the perpetual, irrevocable, fully paid, royalty-free, universal and unconditional right to: (a) use, simulate, portray, publish, copy, distribute, perform, display and generally exploit Performer/Studio’s identity, name, fictional names (if any), voice, signature, photograph, words, images, personality or other likeness ("Publicity Rights"); and (b) subject to paragraph "a" immediately copy, distribute, perform, display, and create derivative works from any copyright protected works or materials developed or created by Performer/Studio, based in whole or in part on, or arising from or related to the Publicity Rights, for advertising, distribution, marketing, promotion, publicity, sales or any other lawful commercial or noncommercial purpose, in any form or manner, in whole or in part, in any electronic or non-electronic medium now known or later devised.
Duration
This Services Agreement shall be effective as from the date when the Model/ 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 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.
No promotion of other services
Model/Studio may not use any facilities of SoulCams.com to promote or solicit any URL or internet service, other than SoulCams.com. Model shall not contact or communicate with users of SoulCams.com for the purpose of circumventing Soulcams.com's interactive online Service, including but not limited to, the solicitation or encouragement of the user to leave SoulCams.com and/or to purchase, consume or subscribe to Model's/Studio's content through computer services which are competitive to SoulCams.com.
Fraudulent activities
SoulCams.com enforces a zero tolerance policy towards fraudulent activities. If, in our view, you have engaged in a fraudulent activity on the websites of Website Operator, we reserve the right to suspend and/or terminate your User Account in connection to such fraudulent activities with immediate effect and recover bad debts using whichever method may lawfully be available to us, including, but not limited to, (i) debiting the amount owed by you from your bank account/credit card; and (ii) instructing third party collection agencies to collect the debt. These fraudulent activities include but not limited to the following actions: - Fraudulent payments, (by using stolen credit cards) - Providing false bank account details or using bank account details in an unauthorized manner - Circumvent website security - Providing false or fake information at registration or using someone else's identity - using spam or other abusive activities in form of unsolicited emails, chat- and message board spam in an attempt to drive internet traffic to or advertise the Services or Websites - Collect personal data on Users or Studios/Models by stalking chat rooms or circumventing security measures set by Website Operator - Using the Websites and Services to solicit, trade, promote any illegal activities and/or products, including, but not limited to escort services, prostitution, drugs, weapons, criminal activities
Morals clause
You agree to refrain from issuing disparaging, libelous, slanderous, defamatory, false, or otherwise inflammatory and/or negative statements concerning other Models, Studio Owners, Website users, the website itself or all of it's employees, affiliates and staff members.
Relationship between the parties
For tax and all other purposes, Your relationship with SoulCams.com is not that of employee/employer, through a common-law employee/employer relationship or actual employee/employer relationship. You are not entitled to receive any benefits available to an employee of SoulCams.com. You agree to comply with the tax regulations of the country you reside in.
Model shall be solely responsible for any and all taxes associated with the revenue received from the sale of goods and services that are generated through SoulCams.com. SoulCams.com is not responsible for, and will not pay any taxes for the goods or services provided by Model including without limitation, federal or state taxes, income withholding taxes, social security taxes, unemployment taxes, disability taxes and/or taxes levied by foreign countries, including but not limited to income and value added taxes (VAT).
Variations
We reserve the right to modify any of the Services Agreement at any time, in our sole discretion, by posting the new version of the Terms of Use under this URL. All changes to these Terms of Use shall be deemed approved by you if you do not object within 30 days of receiving the notice about the modifications of the Terms of Use. We will inform you again about that term and the possible consequences in this notice. If any of the modifications are unacceptable to you, your only recourse is to terminate your User Account. Your continued participation under the modified version of the Terms of Use after the end of the term of 30 days will be deemed binding acceptance of the modifications.
Applicable law / Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Germany, excluding international private law and excluding the United Nations Convention on Contracts for the International Sale of Goods. Users with a habitual residence abroad shall be entitled, independently of the choice of law, to rely on the mandatory consumer protection laws of the country of their habitual residence.
Online dispute resolution (Article 14, Section 1 of the Regulation on consumer ODR): The European Commission provides a platform for online dispute resolution which is accessible at http://ec.europa.eu/consumers/odr/.
Indemnity
The Websites and Services are designed to operate non-stop, 24 hours a day. We do everything possible to prevent any outages but we shall not be liable if -for any reason- our Site is unavailable at any time or for any period.
I hereby state that I did not change or modify any part of this agreement and that the attached scanned copy of my passport or ID card was not modified in any way, all personal data provided is valid. I represent and warrant that I am at least 18 years of age and have full legal capacity to execute this release. This release was willingly signed, I am free and able to give such consent.
This agreement and all agreements incorporated by reference herein may have changes from time to time, via print, electronic, e-mail, link to web page, click through agreement, or any other media or method SoulCams.com chooses. By signing the Agreement you acknowledge that you have read, understood and agree to the full agreement.
