The terms of this psychic broadcaster services agreement (the “Agreement”) govern the relationship between you, on one side, and Duodecad IT Services Luxembourg S.à r.l., a private limited liability company (“société à responsabilitée limitée”) organized and existing under the laws of Luxembourg, registered with the Luxembourg Trade and Companies register under number B 171.358, having its registered office at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg (hereafter, the “Website Operator”) on the other side regarding your provision of the Services (as defined below) on Oranum.com (the “Website”).
- I or me or youEither Broadcaster, Studio, or both of them, as the case may be.
- BroadcasterA natural person or a legal entity who/which provides Services (as defined below) to the Member(s) or Visitor(s) (as defined below) through the Website. A Broadcaster may exclusively perform and/or upload (I) proper original content / creations, and/or (II) content in synchronization with the songs available in the Broadcaster Center Music Library of broadcaster.oranum.com (the “Library”) (the conditions of such performances and uploads being detailed in clause 2 of the present Agreement). A Broadcaster interacts with Visitor(s) and/or Customer(s) of the Website and may perform Services (as defined below) at the request of the Customer(s) or the Visitor(s), as the case may be, through the Website. The Website Operator acts solely and exclusively as a technical provider of a live streaming platform that enables both, the Customers/Visitors and the Broadcasters to interact and communicate virtually with each other.
- BroadcastsTogether the Free and the Private Broadcasts (as defined below).
- ChannelThe online workplace of the Broadcaster where the latter live streams his/her/its performances and/or whereto the latter uploads original content (its own creations) and which allows the Broadcasters to provide free or value-added Services (i.e. Free and/or Private Broadcasts) to Visitor(s) and/or Customer(s).
- ContentAny content that the Broadcaster uploads/publishes/live streams on the Website as part of the Services, including, without limitation, live streaming multimedia content, videos, or pictures.
- Credits & Credit BalanceThe Members shall obtain Credits to pay for premium or unrestricted Services. Credit packages of various amounts are available for purchase to/by the Members. The purchase of Credits is settled through real money to be debited from Members’ bank account(s) (and/or equivalent) pursuant to the payment methods selected by the Member(s). Payments are securely processed by pre-approved payment processors, and the purchased Credits consequently appear on the Member’s account as a balance.
- Fan ClubA Broadcaster’s Fan Club consists of a Free and a Premium VOD content area. The Premium VOD content area is only available for Members who pay for the Services (i.e. the Premium VOD content is part of the premium services), while the Free VOD content area is available to all Members and Visitors. The price for the subscription to a Broadcaster’s Fan Club is determined by the Broadcaster.
- Free BroadcastFree Broadcast is a streaming service, where the Visitors and Members can watch free live content (i.e. Broadcaster’s performances) and can interact to some limited extent with Broadcaster(s) through written chat and/or on-screen text messages, the Broadcaster(s) being entitled to reply or not at his/her discretion.
- Private BroadcastPrivate Broadcast is a value added streaming service in terms of content, where the Member can access premium live content (i.e. Broadcaster’s performances) and where they can interact, write or even talk (voice communication) with Broadcasters (in order to receive more personalized and/or dedicated non-restricted services) through an online face-to-face or in a group with other Members to the exclusion of Visitors. The Private Broadcasts are a part of and are deemed premium services.
- ServicesThe Services consist mostly (yet not exclusively) of certain psychic and/or spirituality related services (including without limitation, reading cards, interpreting horoscopes, etc.) that are rendered by the Broadcaster(s) on the Website. These Services include, without limitation, the performance or provision of Content that may be visible either (I) by the Member(s) upon subscription on the Website and/or to the Broadcaster’s Fan Club or (II) by the Visitor(s) on a limited basis. Services are usually available through Free Broadcasts and/or Private Broadcast medium, unless they are proposed and rendered following different access/subscription modalities (in which case, this will be specifically indicated). Private Broadcast and/or other premium services are subject to Credits purchased and Credits spent on the Website, usually on a time spent basis.
- StudioA legal entity or individual person which/who provides the Services on the Website through the Broadcasters with who it/he/she has contracted with. Studios shall be bound by all terms set out herein pertaining to Broadcasters, and ensure that all Broadcasters, that contracted with the Studio, are acting on the Website in compliance with this Agreement.
- Member or Customer or SubscriberPersons subscribing and/or paying (through the use of Credits) for premium Services on the Website.
- VisitorPersons visiting the Website as a free viewer without necessarily registering on the Website. A Visitor has limited access to the Services offered through the Website.
- VODPre-recorded Content uploaded by the Broadcaster under his/her Channel and/or account on the Website. A Broadcaster may decide to allow the Visitor(s) and/or Members to see VOD from their Fan Club for free or in consideration of Credits at Broadcaster’s own discretion.
- WebsiteLive streaming technology platform (video – chat website) composed of numerous applications, widgets, tools, data, etc. The platform serves exclusively as a technical tool for the Broadcasters, on one side, and the Visitors or the Members, on the other side, to interact / communicate with one another. Said platform allows the Broadcasters to provide Services to the Visitors and/or the Customers and monetize their respective Contents. The Website is operated by the Website Operator.
- Whether natural or legal persons, the Broadcasters are acting under this Agreement as professional service providers (and not as consumers) in the frame of their business/professional activities when rendering the Services.
- By agreeing to the present Agreement, I expressly agree to render Services as a Broadcaster on the Website operated by the Website Operator and/or its affiliates.
Content and Services
By registering on the Website and accepting this Agreement, I agree and acknowledge that the Services provided by me, as a Broadcaster, shall comply with the following rules and I undertake not to provide any Service that violates one of the provisions below:
- The Broadcasters are not allowed to diagnose diseases, nor are they allowed to give advice on medical treatments. If the Broadcaster gets the information that a Member/Visitor is ill, then the Broadcaster must advise the Member/Visitor to visit a doctor. Any health-related advice given by the Broadcaster can only be general and shall not, in any way, be communicated to the Members or Visitors as an end in itself.
- The Broadcasters are not allowed to provide either orally or written advice on investment or financial matters, including without limitation, exchange of securities and stocks analysis.
- The Broadcasters are not allowed to show in front of the camera any nudity, or to proceed to any demonstration of sexual activity, demonstration of blood, animals, or any other action which is against the standards of good taste, or mimicking the above mentioned actions. Underage role playing is also not allowed. The provision of any sexually explicit Content (such as, without limitation, video, photography, live streaming content) is prohibited.
- The Broadcasters are not allowed to provide any illegal, harmful, obscene, hateful, racial, defamatory, offensive, threatening, intimidating or any other objectionable Content (such as, for example, Content that is in contrast with the rights of minorities or that, in general, is characterized by instigation to racial, religious or ethnic hatred) while rendering the Services under this Agreement.
- The Broadcasters are not allowed to provide any Content that is or includes a celebrity name, suggests pedophilia, bestiality, or zoophilia, refers to the elimination or consumption of any bodily waste or implies words that are unacceptable by the standards of good taste.
- The Broadcasters are not allowed to provide unauthorized commercial information. Advertising other websites (such as youtube.com, justintv.com and cobrands, ustream.com, dailymotion.com, metacafe.com, vimeo.com, etc.) or services, other than the Services provided through the Website, is strictly prohibited, unless expressly allowed by the Website Operator under this Agreement.
- The Broadcasters are not allowed to provide Content that contains confidential or personal information of third parties, without having obtained their prior authorization.
- Broadcasting a pre-recorded video, a still image or appearing without video feed in the live webcam section is not allowed.
- Broadcasters shall not access the Website using automated means (such as harvesting bots, robots, spiders or scrapers).
- Broadcasters shall not introduce viruses or other malicious codes on the Website.
The violation of the above rules is considered as a breach of this Agreement and may result in money deduction, suspension or termination of the account of the infringing Broadcaster, and/or immediate ban from the Website, in addition to other possible sanctions where applicable by law.
- The Broadcaster agrees that in the course of the provision of the Services, he/she/it is not allowed to ask for information from the Member/Visitor that directly or indirectly identifies the latter (“Personal Data”). Examples of Personal Data are, without limitation, the first and last name, e-mail, address, bank details, social accounts like Facebook, Twitter, LinkedIn, Skype, of the Member/Visitor. Only very general questions that taken solely do not directly or indirectly identify the Member/Visitor may be asked. Asking, for example, the age, marital statute or the hair color of the Member/Visitor is qualified as a general request. The Broadcaster shall however not ask or intend to ask about personal data of the Member/Visitor, which put together could allow whether directly or indirectly the identification of the Member/Visitor. In addition, the Broadcaster shall not intend to build or build profiles about the Members/Visitors or try to obtain access to the Members’ accounts.
- The Broadcaster agrees and acknowledges that they shall not visit the Channel of another Broadcaster, interact or try to interact by mean of the free chat tool with another Broadcaster of the Website, in a way that is detrimental, harmful, defamatory, offensive, or threatening to the other Broadcaster. The Broadcaster acknowledges that non-compliance with this obligation entitles the Website Operator to terminate this Agreement and close the account of the Broadcaster in breach with the provisions of this Agreement.
- The Broadcaster agrees and acknowledges that a Member may request that the Service be provided in written form via the chat tool available on the Website. The Broadcaster agrees to provide the Services within forty-eight (48) hours upon reception of such request.
- The Broadcasters are expected to communicate with Members and Visitors, in a professional and competent manner and to the best of their abilities. The communications/conversations on the Website between the Members or Visitors and the Broadcasters are solely between them. The Website Operator does not take part, in any way, to such communications/conversations and shall not face any liability regarding the information exchanged. In addition, the provision by the Broadcasters of any advice, or more generally of any Content, irrespective of its form, does not entail any approval by the Website Operator.
- The Website Operator respects the intellectual property rights of third parties and expects the Broadcasters to do the same. In respect of applicable laws, notably the copyright laws, the Electronic Commerce Directive 2000/31/EC, the Digital Millennium Copyright Act of 1998, or other mandatory regulations, the Website Operator will respond expeditiously and promptly to claims of copyright infringement committed using the Website that are reported directly to the support team of the Website.
- The Content that the Broadcaster is streaming live and/or is uploading on the Website (i.e. streaming live content, content available in Broadcasters’ respective Channels or Fan Clubs or Broadcasters’ VOD content) must comply with the conditions defined in this Agreement. The Broadcaster may provide exclusively performances or uploads of Broadcaster’s proper original works and/or material, provided that the latter are his/her/its own creations (i.e. made by his/her/it), and that these creations are not declared and/or registered and/or submitted to/before any collecting society for authors rights. The Broadcasters must not violate intellectual property rights of any third party. Streaming/broadcasting and/or uploading third-parties’ content and pretending that this content belongs to you is strictly prohibited on the Website and will be at the sole responsibility of the Broadcaster. Any performance of the Services hereto are done at your own risk and the Website Operator will not assume any responsibility whatsoever in the event you infringe third-parties’ content. The Broadcaster may however perform the Services using as background sound the songs that are listed in the Library. The Broadcaster may decide at his/her/its own discretion whether to play songs/music of the Library as background music while performing Services. The list of songs in the Library may vary from time to time, subject to the third party licenses that are negotiated by the Website Operator from time to time. The Broadcaster is responsible of his/her/its use of the songs of the Library and shall check from time to time the songs present in the Library. If the Broadcaster has made use of a song of the Library for a VOD content, the Broadcaster has the obligation to remove this VOD content if the song is no longer part of the Library.
- When a Broadcaster registers on the Website, the Website Operator enables the Broadcaster to select one or several categories in which the Broadcaster shall appear on the Website (referred hereto as “Tags”). The Tags relate to the Broadcaster’s alledged area of competence in the light of Website’s Services (which area may be relied upon by Visitors and/or Members), such as, without limitation, Tarot, numerology, rituals and energies, chakra reading. The Tags available on the Website are subject to changes and/or removal without prior warning by the Website Operator. Said amendments/removal may occur from time to time following suggestions/proposals coming from Member(s) and/or Broadcaster(s). The Broadcaster agrees and acknowledges that in case of Tag amendment/removal, Tag will likely be replaced by another Tag category as close as possible from the one that has just been removed, unless the Tag category is no longer supported by the Website and as a result of which the Tag will simply be removed without replacement. The Broadcaster agrees and acknowledges that it may appear on other affiliated and/or white label websites belonging to the Website Operator or to Website Operator’s affiliates and/or related companies).
- In order to improve the efficiency of the Services and/or to sort out any other question related to the Website and/or the provision of the Services hereto (e.g. technical issue, payment clarification, violation of a rule of this Agreement, or otherwise), I am authorized to use/contact the Customer Support provided by the Website Operator and/or its services providers, whenever deemed relevant, by e-mail or via the support chat tool available online through my account.
- The Services shall be rendered by the Broadcaster with total autonomy and independency, notably as regards the Content provided. Therefore, the Broadcaster is completely responsible and liable for his/her/its own actions, videos, audio, chat, dialogue, recorded videos, advices and all decisions related to the provision of the Services hereto, as well as the monetization of the Content through the Website. The Broadcaster agrees and acknowledges that his/her/its actions as a Broadcaster are made at his/her/its own discretion.
- The Website Operator reserves the right to apply immediate and permanent suspension / termination of the present Agreement in case a Broadcaster’s name is offensive or violates the principles hereto and/or the intellectual property rights of third parties.
- The Broadcasters have the option to kick or ban impolite Visitors and/or Customers from the Website, although it is against the rules to misuse this function. Making derogatory statements about other Broadcasters or Visitors and/or Customers is prohibited. You are obliged to respect and follow the Website Operator’s guidelines and/or Agreement obligations related to your behavior while you are online on the Website. If you need help, do not hesitate to contact our Customer Service at firstname.lastname@example.org.
- The Studio enters into this Agreement in lieu of the Broadcasters with whom it has contracted with separately to provide the Services through the Website under this Agreement. In any case, the Studio agrees and acknowledges that it is solely and fully responsible toward the Website Operator for all acts, omissions, Content of the Broadcasters with whom it/he/she separately entered into contract with for the needs of the Website.
- The Studio understands and agrees that it is its/his/her responsibility to determine the terms and conditions of the separate contract between the Studio and the Broadcasters. The Studio shall autonomously and independently determine such terms and conditions without any influence of the Website Operator, being noted that such contract shall not result in the violation of the Broadcaster’s obligations under the present Agreement. Accordingly, the Broadcasters of a Studio shall not be in a contractual or any other relationship of any nature with the Website Operator.
Rights to the Image and Authors’ rights
- I agree and acknowledge that the Website Operator does not review the Broadcaster’s Content before any release / broadcasting of such Content on the Website. However, I expressly authorize the Website Operator to monitor, record and log all my online activities (including Free or Private Broadcasts, VOD, chat, e-mail, etc.) and/or implement on the Website a technical tool that detects automatically copyright infringement, when need arises. I understand that the above is necessary in order for the Website Operator to detect if a Broadcaster is infringing third parties’ copyrighted material in the course of the provision of the Services on the Website, as well as to ensure that the Broadcaster respects the terms hereto. I understand however, that such action or initiative from the Website Operator is not a general obligation imposed to the Website Operator, which is exclusively acting towards you, as a provider of a technical platform that allows you to host your Broadcasts and VOD and to provide the Services hereto to Visitors and/or Customers.
- I recognize and hereby authorize the Website Operator to review any Content (uploaded and/or displayed on the Website) for violation of applicable and/or relevant policies in place from time to time and notably after reception of a DMCA notice by the Website Operator. Any forbidden content will 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 unlawful Content displayed, as a result of my conduct.
- The Broadcaster acknowledges and agrees that his/her/its original works and/or material (such as the Broadcasts and any VOD), as displayed or provided on the Website, and all rights therein, including, without limitation, authors’ rights to such recorded works and materials, are specially commissioned by the Broadcaster as a work made for hire and belong to and shall be the sole and exclusive property of the Broadcaster.
- I hereby guarantee to the Website Operator that my proper original content and/or the uploaded work or material is my exclusive ownership. In this respect, I agree and acknowledge that uploading someone else's work or material is strictly prohibited and constitutes a violation of this Agreement, that may result in its immediate termination without notice, with the possibility for the Website Operator to claim damages for the prejudice suffered due to said litigious performances and/or uploads. The Broadcaster must be the copyright holder (original creator) of the whole Content the Broadcaster streams live or uploads (pictures, videos, stories, jokes, etc.). If you are not the owner of 100 % of the Content, you cannot perform it or upload it to the Website. Your Broadcasts are provided on the Website at your sole responsibility and the Website Operator cannot be held responsible in the event of infringement claims from third parties.
- By performing the Services hereto through the Website, I hereby grant to the Website Operator a worldwide, nonexclusive, irrevocable, sub-licensable and transferable license to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, make adaptations, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media channels now known or later developed or discovered (like for example, on our related and/or affiliated websites, on televisions, on exhibitions, both, online and physical disclosure / streaming / distribution of the Content on our or third parties’ linear and/or online and/or on-demand channels and social networks, etc.), and also for promotional purposes, for so long as the underlying intellectual property rights and any neighboring rights are enforceable. You grant to the Website Operator and our sub-licensees the right to use the name that you submit in connection with that Content, if we or they choose.
- I acknowledge that the compensation I receive, which is a percentage of my earnings for rendering the Services to the Customers under this Agreement, is a fair and valuable compensation for the Services as provided by me and the license here above detailed, and I will not claim any additional compensation for said license granted to the Website Operator.
- I hereby expressly waive my performing rights as well as all rights to royalties that may be due to me in relation to said performing rights as regards the performances of the Services hereto through the Website.
- As regards my image rights, I hereby grant permission to the Website Operator to use any images of me as a Broadcaster at its sole and full discretion as long as this usage is related to the operation of the Website and/or the promotion of said Website. Such use includes, without limitation, any and all recordings, captures, screenshots and formats now known or developed/discovered in the future of my live streaming performances, the display, distribution, publication, transmission, or otherwise any use of recordings, photographs, images, and/or video recorded or taken of me and/or including myself during the performance of the Services hereto for use in materials that include, but may not be limited to, material and/or immaterial recordings of all kind, nature and format now know or developed/discovered in the future, printed materials (e.g. marketing material, brochures, news releases and newsletters), immaterial material (e.g. videos, and digital images) for release to the public through the Website , or on other related or affiliated websites or incorporated into any and all works, material, projects, etc. I also grant to the Website Operator a license to use my sound, voice, photograph, name/nickname, likeness, activities and performances of the Services hereto (including promotional activities and so-called “behind-the-scenes" and "making-of” audio and audio-visual recordings) for the purpose of this Agreement. I also know, understand, and appreciate the risks that are inherent with the above permission granted to the Website Operator. I hereby assert that the provision of my consent is voluntary and that I knowingly assume all such risks on behalf of myself. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue the Website Operator and its licensees for any use of my image in the circumstances above described.
- I agree, that the Website Operator may edit my appearance in order for the latter to fit into the Website (and that I waive any and all moral rights, to the extent permitted by law, that I may have), and I understand that the Website Operator has no obligation to use my appearance. Such editing is exclusively done from technical point of view and in no ways will be considered as an intervention of the Website Operator into the Content.
- I agree that pictures may be made from video (via webcam or by other means, such as screenshots of the Broadcaster’s performances and/or VOD and/or other Content), and I grant to the Website Operator and any of its successors, licensees, and assignees, a license to use said pictures, without further payment to me (other than the compensation I receive, which is a percentage of my earnings for rendering the Services under this Agreement), in printed publications, digitally on the internet, via CD, or any other media, exclusively for the operation of and promotion of the Website.
- I hereby expressly waive any further financial compensation for any of the rights granted to the Website Operator under this Agreement.
- I agree, that the Website Operator reserves a right to transfer or assign any of the above mentioned rights to its group companies or to any other person if the need arises.
- I hereby agree and acknowledge that the Website is owned and operated by the Website Operator, and all Website Operator’s logos, the visual interfaces of the Website, graphics, design, compilation, information, software, computer code (including source code or object code), chart graphic, etc. (collectively, the “Website Operator’s IP”) are protected by the applicable intellectual property laws, including the laws on copyrights, and international conventions.
- By the present Agreement, you are granted a personal, limited, non-sub-licensable and non-transferrable license to access and use the Website for the provision of the Services hereto and monetization of your Content only. You agree that this license does not include any of the following: (a) any resale or commercial use of the Website Operator’s IP; (b) the distribution, public performance or public display of any Website Operator’s IP (except for Broadcaster’s Content and provision of Services hereto); (c) modifying or otherwise making any derivative uses of the Website Operator’s IP, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading any portion of the Website Operator’s IP or any information contained in the Website, except as expressly permitted by the Website Operator; or (f) any use of the Website Operator’s IP whatsoever, except for the intended purposes. Any use of the Website Operator’s IP except as specifically authorized in this Agreement, without the prior written permission of the Website Operator, is strictly prohibited and your failure to comply with this provision may have legal consequences, as such non-compliance would constitute a violation of applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated in this Agreement, nothing hereto shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.
- I hereby certify that I am at least 18 years old (or 21 when so required by local law), or age of majority in my country of residence or establishment (whichever is greater). I certify that I have reached the age of majority and that I will NOT provide the Website Operator with false identification (including my name, address and date of birth).
- 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 Agreement does not determine my place or schedule for rendering the Services. 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 am fully aware, as a Broadcaster, that I must provide reliable and efficient Services in full compliance with the applicable legislation and the terms and conditions of the present Agreement.
- I am acting under this Agreement as a professional when rendering the Services. This shall however not mean or suggest that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary diplomas. It is my responsibility to keep the Visitors and/or Customers duly aware of that fact.
- I hereby declare that under this Agreement I will render services of high quality, I will not provide any knowingly wrongful or misleading information to the Visitors and/or Members of the Website and I will, at any time, act honestly and professionally.
- 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 originates from the Visitors/Members and/or Broadcasters of the Website or from any other person or third party to the present Agreement.
- I certify that all decisions related to the rendering of Services are made at my own discretion, that such Services do not violate the local community standard of 'obscenity' in my country of residence or establishment, nor do they violate any other applicable laws. I am completely responsible for my own actions as a Broadcaster. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am rendering the Services of my own free will.
- I further represent that I have fully read and that I agree with the terms of this Agreement prior to its execution. I have not been induced or forced by the Website Operator, its agents, employees, nor by anyone acting on their behalf to sign this Agreement. By accepting the terms of this Agreement, I certify that the above representations are true and accurate.
- I also certify, as a Broadcaster, that I will fully comply with the rules provided in this Agreement as regards the characteristics of the Services and that I will, in particular, not provide any defamatory, abusive, threatening, racially offensive, copyrighted, or illegal Content, and have no intention to support immoral interests.
- I also certify that I will not force anyone to render Services on the Website.
- I hereby certify that I will not have any physical contact with the Members, nor shall I organize any meetings with them or in any other way try to have a contact other than through the provision of the Services on the Website under this Agreement.
- I understand that if the Website Operator and/or any other entity/individual indicated by it, suspect that I have provided forbidden Content, my account(s) may be frozen immediately for further investigation, and such investigation may result in the permanent termination of my account(s), and/or in the cancellation, deduction, and/or forfeiture of all payments from the Website Operator to me, in case such allegations are proven accurate or that there is a sufficiently compelling body of proof that they appear accurate.
- I hereby acknowledge that Website Operator has the right to immediately and unilaterally suspend or terminate the present Agreement and any accounts, and/or ban me from the Website upon the slightest suspicion of forgery or inadequate behavior or any violation of the provisions of this Agreement.
- As a Broadcaster, I declare that I will be responsible for my own behavior and Services rendered and I will respect all above mentioned declarations and all obligations applicable to Broadcaster(s) under this Agreement.
- I also declare and agree to abide by all applicable local, state, national and international laws and regulations and not to allow, nor to help a third party to violate or infringe any rights (including without limitation copyrights, rights of publicity, privacy or trademarks rights) of others.
Representations and warranties
- I will indemnify and hold harmless the Website Operator, its subsidiaries, affiliates, licensors, licensees, and contractors, as well as their respective employees, officers, directors, managers, and agents from and against any and all direct or indirect liabilities, losses, damages, claims, penalties, interest, additional taxes, demands, and/or expenses, including reasonable legal fees and expenses, of any kind or nature arising out of, or related to the Services rendered and Content provided in the framework of this Agreement.
- I undertake to hold harmless and indemnify the Website Operator, its subsidiaries, affiliates, licensors, and contractors, as well as their respective employees, officers, directors, managers, and agents from and against any and all direct or indirect liabilities, losses, damages, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of, or related to, the use of my account and provision of Content made by any other third party through my account on the Website.
- Clauses 6.1 and 6.2 apply, without limitation, to any liability or damage arising from any comment, recommendation, advice, suggestion, reading, example, conclusion, or other, made by me, as well as for any products, services, information, or other materials displayed, purchased, or obtained by the Visitors and/or Members in connection with the Services.
- 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 Agreement.
- The Website Operator reserves all rights and remedies against any Broadcaster who breaches these representations and warranties.
- The Broadcaster acknowledges and agrees that the Website is provided “as is” and “as available” by the Website Operator to the extent permitted by law without warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Consent of Broadcasters. In case you requested to open a Broadcaster account together with other persons, for example, because you want to broadcast content together with other Broadcasters, you agree that the consent(s) given as regards certain data processing activities, where applicable, is/are deemed given by all persons providing Services under the same Broadcaster account.
- In case you have several Broadcasters accounts, the consent(s) given will apply to all your Broadcaster’s accounts.
- 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.
- Consent of Broadcasters. 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 Broadcasters regarding the processing of special categories of data as described in Art. 9 GDPR, for any services provided under this Agreement. The special category of data processed by Studio and Website Operator concerns data of Broadcaster relating to their philosophical and/or religious belief(s).
- Studio shall be responsible for the Broadcaster to agree and authorize, under the Broadcaster contract, the Website Operator and/or any other entity indicated by it, to obtain and store information automatically from Broadcasters’ computer used to connect to the Website (including, without limitation, cookies).
- In case Studio provides Broadcasters’ email address, Studio shall be responsible for the Broadcasters to agree and authorize, under the Broadcaster contract, the Website Operator to send commercial communications to the Broadcasters.
- When obtaining consent(s) from the Broadcasters, Studio undertakes to inform the Broadcasters that the consent(s) given will apply to all Broadcaster’s accounts, in case such Broadcaster has several accounts.
- Studio undertakes and shall be able to provide Website Operator with written evidence of the consents given by the Broadcasters, on request made by this latter.
- Data Subjects Rights. Studio shall promptly notify Website Operator if Studio receives a request from a Broadcaster 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 email@example.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 Clause 7 “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 Broadcasters to allow under the Broadcaster 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 Broadcasters or provision of false information to the Website Operator.
- Your Personal Information
- The personal information of Broadcasters
- I undertake the duty to possess and provide at my own costs the working instruments (including IT tools, like cameras, etc.) necessary for the efficient rendering of the Services under the present Agreement.
- I undertake the duty to clear out of my recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including, without limitation, the ones concerning author rights) at all times, and avoid unlawful use of trademarks, brands, imagery, and/or registered music.
- I will not solicit, offer, purchase, sell, or propose any business deal, transaction, trade, or other economic deals to the Visitors and/or Members out of the Website, since I acknowledge that the Website Operator expressly forbids me to do it. Such transactions shall always be in line with the Services scope.
- 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 offered through my account.
- I acknowledge that the Credits/Credits rate to be paid by the Members for the Services rendered, within the scope of the present Agreement, will be indicated on the Website. I, as a Broadcaster, agree with the Website Operator that the Credits amount to be paid by the Members for the Services may vary from time to time as decided by the Website Operator at its own discretion, and/or in accordance to the Services charge option as offered/selected (i.e., per minute, per view, per credit). Payment for the Services shall be made by Member(s) to the Website Operator.
- 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 amount accrued through the chosen charge option (i.e. certain percentage of the price paid by the Members of the Website to the Website Operator) as described above which percentage and charge options will be displayed under my registration account and/or my sales page (which I can consult before any rendering of Services).
- I am fully aware that the amount due to me will be rounded to the nearest whole currency number (pursuant to round half up-rule or round half-down rule, where applicable) in case of any outstanding decimal balance for any applicable payment period. The amount due to the Broadcaster shall be paid in U.S. dollars, by wire transfer, prepaid card or paper check or otherwise, as the case may be through the use of third party payment processors as selected at Website Operator’s own discretion.
- I also acknowledge that the amount due to me for the Services that I, as a Broadcaster, render to the Members, may be proportionally and adequately reduced in case of my unlawful conduct, namely, in violation of the present Agreement and/or applicable legislation.
- The rate due per minute or per view payable by Members and which constitutes the basis for computing my earnings as described above is subject to variation at Website Operator’s own discretion and upon prior notification to me. In case of substantial variation, I shall have the possibility to terminate the present Agreement upon notification of such variation; otherwise and if I continue providing Services through the Website after any such notification, it shall be considered a tacit acceptance to such variation.
- Credit card fraud is a crime, and Website Operator will do everything in its power to help local and international agents trace people committing such felonies. 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 cards. The Website Operator team does everything in its power to minimize the percentage of fraudulent purchases. If you are aware of ANYONE committing such activities, please notify us, so that you can help us protect our Website.
Broadcaster Referral Program
You may refer new Broadcaster(s) with any particular gift/talent to the Website, in which case you may be entitled to a commission based on the performance of the referred Broadcaster(s). On the basis of the amount paid to the referred Broadcaster, you shall be entitled to receive the following referral commission:
- 10% of the amount paid to the referred Broadcaster in the first year of his/her Services;
- 5% of the amount paid to the referred Broadcaster in the second year of his/her Services;
- 2% of the amount paid to the referred Broadcaster in the third year of his/her Services;
No commission shall be due to you following the third year of the Services of the referred Broadcaster. The commission is calculated separately regarding each referred Broadcaster. The commission will fall due provided the referred Broadcaster:
- is not already providing Services or registered as Broadcaster on the Website or as broadcaster/performer (or equivalent) on any website of the Website Operator or of any of its group affiliates, or
- has generated revenues and received payments for Services on the Website for at least one full year.
- Please note that if you want to apply to the Broadcaster referral program, then following your registration on the Website as a Broadcaster, but prior to referring any Broadcasters, you shall send an email to firstname.lastname@example.org and wait for the confirmation notice from the Website Operator. Please note that the Website Operator may reject your application to the referral program at its sole discretion.
- No employees of the Website Operator (or any company that belongs to the group of companies of the Website Operator) may participate in the referral program.
- If this Agreement is terminated between you and the Website Operator for any reasons, then you will not be entitled to any more commissions. Please note that if the Website Operator discovers any false or fraudulent referrals by any means, then this Service Agreement will be terminated with immediate effect.
Scheduled Private & Group Sessions
- By scheduling a Private or Group Session (the “Special Session”), the Broadcaster agrees to be present at the indicated time. Failure to do so may result in the removal of certain features and/or benefits or any other penalties that may be deemed appropriate by the Website Operator.
- Special Sessions may be canceled before the indicated session starting time.
Canceling any Special Session without justified cause will result in increasingly escalating penalties which will be applied as follows:
- First offense: official warning
- Second offense: 24 hours suspension
- Third offense: feature deactivation
- A Group Session may be canceled if the amount of sold tickets does not meet the minimum threshold before the indicated session starting time.
- Broadcasters must be online on DoclerCam 5 minutes before the Special Session’s starting time. A Broadcaster has 90 seconds to initiate manually the Special Session. If the Special Session is not started by the Broadcaster within this timeframe, such session will automatically start after 90 seconds.
- If the Broadcaster is not online on DoclerCam at the time the Special Session should start, such session is automatically canceled and the ticket purchased tickets are refunded to the members. Additionally, the Broadcaster may receive one of the aforementioned penalties.
- Sessions automatically end and Broadcasters do not need to manually close them. It is recommended that the Broadcasters periodically check the timer, so as to be always aware of the upcoming end of a session.
- This Agreement shall be effective as from the date when the Broadcaster registers an account on the Website and accepts this 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 Agreement.
- Unless expressly agreed upon by Website Operator, I am not entitled to assign or transfer my contractual position to any other person/entity. I agree that my username/password must not be provided to any other person, otherwise I shall be held liable under the present Agreement.
- I agree that Website Operator has the right to transfer or assign its rights and obligations under this Agreement without limitation.
- Website Operator may make changes to this Agreement, in such case it undertakes the duty to inform me of such changes before they enter into force.
- If any modification is unacceptable to you, you shall cease providing Services to Website Operator. If you do not cease rendering Services, you will be conclusively deemed to have accepted the changes.
- Either party may terminate this Agreement, at any time, based on any reason, upon prior and express notice given in writing (like email) to the other party with a minimum antecedence of 5 (five) business days. The Website Operator may terminate this Agreement immediately in case of violation of its terms by the Broadcaster, without prior notice.
- If any term or provision of this Agreement shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Applicable law and jurisdiction
- The parties shall irrevocably submit to the exclusive jurisdiction of the courts of Luxembourg for the purposes of hearing and determining any dispute arising out of this Agreement.
- This Agreement, all matters arising from it, and any dispute resolutions referred to the above shall be governed by, and construed in accordance with the laws of the Grand Duchy of Luxembourg, notwithstanding conflict of law provisions and other mandatory legal provisions.
- The English version shall prevail as regards all legal statements, statutory declarations made by the Website Operator, including the present Agreement. The Website Operator does not accept any kind of legal claims or other complaints for discrepancies resulting from any mistranslation in any other language.
- Any notice, recommendation, or advice by each party to the other hereunder shall be provided to the following contact e-mail: email@example.com.
By registering as a Broadcaster and providing Content on the Website you expressly agree to be bound by the above terms and conditions.