The Babe Cams
Thank you for your interest in receiving services from The Babe Cams. Please note that you must accept and agree to the following terms, conditions and rules in order to receive the services which are described below. You indicate your acceptance of this agreement and confirm that you will abide by all terms, conditions and rules, both by indicating "Yes" to the relevant question in the Model Application and Questionnaire, as well as by your use of our services. Entering into this agreement allows you to receive services to which a model is entitled when working with The Babe Cams (as detailed below) but it also entails certain responsibilities and requires you to make certain representations. By clicking "Yes", in the relevant question ("I have read the Model Agreement page and confirm that I understand and accept all terms and conditions contained in the agreement") contained in the Model Application & Questionnaire, and by using our services, you expressly agree to be bound by all of the terms of this Agreement.
By accepting this Agreement and proceeding with your registration, you agree that while using The Babe Cams services, you shall adhere to the terms of this Agreement with us - The Babe Cams ("Agent") and/or its parent company or subsidiaries (the operators of The Babe Cams and the agreement defined below), as well as adhering to all agreements, rules and contractual obligations that you may be required to agree to in order to work for other companies that contract with The Babe Cams to provide model talent for live adult webcam or other modelling work.
You as a model ("Model") will be provided services by The Babe Cams pursuant to this Agreement. Our agreement and legal relationship with you is one of independent contractor. This is further defined elsewhere in this agreement, but in general it means that you are not an employee of The Babe Cams or its associates; as well, we are not responsbible for reporting or withholding of income or other taxes of any kind.
1. THE SERVICES
In addition to affiliate sales of live adult webcam shows, The Babe Cams also operates as a model agency representing adult models in the online adult webcam business. As a general comparison: With a standard model agency you, as a model, may get bookings to do, for example, magazine or catalogue photoshoots. As such, you have obligations to both the agency/agent representing you, and to the client with whom you are booked to work. The Babe Cams, upon approval of your application, will endeavour to find you work as a live adult webcam model. Model must meet the requirements of companies that contract with Agent for model talent, as well as complete any further required applications or processes or confirm additional agreements. Agent is not obliged to find any form of employment for models, and Agent makes no guarantees of any kind including, but not limited to, regarding income potential.
The Babe Cams disclaims any and all liability in the event of the disruption or malfunction of online services, whether related to The Babe Cams or to one of the webcam companies that Model may work for. Your only remedy in such a case is to cease using the services.
2. MODEL AGE
Model represents that she/he is both;
a) at least 18 years of age;
b) of legal age in Models jurisdiction to engage in adult entertainment activities.
Model is required to submit proof of Age, in the form of a scanned copy of government issued photo identification (that includes birth date) to Agent and webcam companies as requested. Model represents that such scanned copies are a true and valid representation of the original government issued identification.
3. AMENDMENT OF AGREEMENT
The Babe Cams shall be entitled to amend this Agreement, the Terms and Conditions of the Site and the rules and regulations appearing elsewhere on the Site, at any time by amending it on the Site. By you entering into the Site or using the services after the amendment you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement, the Terms and Conditions and the other rules and regulations appearing elsewhere on the Site.
4. NON-ASSIGNMENT/THEFT OF LOGIN
Persons approved by us to act as Models, shall not be entitled to assign or transfer that eligibility to any other person. Nor shall any model provide his or her username/password, if assigned, to any other person. If a login/password is assigned to you, you must immediately inform us of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Model will remain personally liable for any unauthorized use of the Services.
5. INFORMATION/CONTENT
Information/content provided by Model to Agent or to companies that model may subsequently be contracted to work for is at the discretion of the model. "Content", in this agreement, refers to any information or data (text, photos, video, etc.) shared by Model with Agent or with webcam companies, and includes the content of Models performance with guests and paying customers (i.e., "Content" also refers to the text you type to customers, as well as your statements and actions during live or recorded video or audio chat sessions with customers). Agent is limited in their ability to monitor the activities of models, and trusts that models operate within the law and follow the rules and regulations as outlined by Agent and webcam companies. Model understakes to ensure compliance with all requirements including:
a) Model undertakes that all information/content shall satisfy the local laws and regulations applicable to the Model and to the Guest(s) including in Canada, the EU and the United States.
b) Model shall possess all necessary intellectual property rights, interests, and licenses necessary to allow him/her to present the information/content presented by the Model via the services of webcam companies with which Model may be contracted to work.
c) Model hereby represents that all participants in communication with guests/customers of webcam companies or Agent will be at least 18 years of age (21 years in jurisdictions in which age of majority is 21) and of legal age in the jurisdiction of residence.
d) Model shall not cause the image of any other person (excepting other persons who are registered as Models with Agent and webcam companies) to be transmitted to guests/customers of Agent or webcam companies.
e) Without derogating from the requirement that all users of services provided by Agent and webcam companies (Models and Guests/Customers) must have reached their age of legal majority, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden when using the services of The Babe Cams or its associated webcam companies: bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations - actual or depicted, incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture and any conduct which may be judged "obscene" by the standards of Models community, or the community of Guests/Customers. The Babe Cams strongly suggests that Models consults a local attorney at law in order to get advice on where Models community draws the line on obscenity ('Forbidden Content'). The following also constitutes 'Forbidden Content': defamatory, abusive, threatening, racially offensive, or illegal material. If The Babe Cams suspects that Model has provided Forbidden Content via live webcam, or audio/text chat with Guests/Customers, or has allowed Forbidden Content during a webcam/audio/text/chat session, Models account will be frozen immediately for further investigation and the Model faces permanent termination, cancellation and forfeiture of all monies owed by Agent and/or its associates.
f) Model has no obligation to Agent or anyone else to perform as a Model or to accept a Guests/Customers requests. Do not accept requests which would cause you to violate this Agreement or applicable law.
6. APPROVALS AND REQUIREMENTS OF THE BABE CAMS
a) The Babe Cams' and its associated companies advance approval is required in order to act as a Model. Such approval is within the absolute discretion of The Babe Cams and associated companies.
b) The Babe Cams may request at any time, and Model will be obligated to provide any required document including but not excluding: legally identifying identification documents, which prove the Models age and a signed copy of this Agreement. In any case where Model does not provide Agent with requested documents, Model may face immediate and permanent termination, cancellation and forfeiture of all monies owed by Agent or its associated companies. Model hereby agrees that if she/he provides Agent or its associates with false identification regarding his/her name and/or date of birth, Model will not hold Agent or associated companies liable, under any circumstances, as Model understands that this identification was accepted in good faith and to ensure that Model is at least 18 years of age or age of majority in Models country ('Falsification of Documents'). In the event that The Babe Cams suspects that Model has provided false documents, Models account will be frozen immediately for further investigation and the Model may face permanent termination, cancellation and forfeiture of all monies owed by The Babe Cams and its associated companies.
c) If The Babe Cams requests to receive a signed copy of this Agreement, Model must provide the same or the Model faces immediate and permanent termination, cancellation and forfeiture of all monies from The Babe Cams and its associates.
7. CERTAIN OBLIGATIONS OF MODEL
a) Model shall be subject mutatis mutandis to this Agreement and all Terms and Conditions of Agent and affiliated companies. The Model shall not act in violation of those Terms of Use or cause or procure any other person to violate them. If any provision of this Agreement or terms and conditions imposed by Agent or its affiliated companies is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these terms and conditions enforceable.
b) Model shall not use the services or websites of The Babe Cams or its affiliated companies or any of the other services, features and/or facilities available on or through the associated websites for any commercial purposes whatsoever, except as specified in this Agreement and to the extent they mutually benefit The Babe Cams, its affiliated companies, and the Model. Models may not use the services or websites of The Babe Cams, or its associated companies, or any of the other services, features and/or facilities available on or through the associated websites to promote or act on behalf of any other person, entity or business on or off the internet.
c) Models shall not contact any Member of the The Babe Cams, or its associated companies, for the purpose of supplying the Member with services outside the framework of this Agreement thereby circumventing payment by the Member via Agents and associates payment systems. Models shall not solicit or encourage members to purchase services and/or features which may directly or indirectly compete with the services and websites operated by The Babe Cams or its associated companies.
d) Under no circumstances will Model make use of services and websites operated by The Babe Cams, or its associated companies, in any way to request or procure financial help and/or assistance and/or payment of any kind.
e) Under no circumstances will Model use or try to use the services or websites of The Babe Cams, or its associated companies, in order to promote or procure any meetings or direct physical contact with any Members and/or any other third party.
f) Models shall not transmit emails promoting The Babe Cams, or its associated companies, or the Models activities on associated websites other than emails sent via those websites where permitted. Models shall not procure or encourage the transmission by any third party of emails promoting The Babe Cams, or its associated companies, or the Models activities on those associated websites ('Forbidden Emailing Activities'). If The Babe Cams suspects that Model is engaged directly or indirectly in such emailing activities, Models account will be frozen immediately for further investigation and the Model faces permanent termination, cancellation and forfeiture of all monies owed by The Babe Cams and its associated companies.
8. MODEL & AGENT/ASSOCIATED COMPANIES RELATIONS
a) Relationship Between Model and The Babe Cams: The Babe Cams is an independent contractor providing services to the Model. Neither party is employed by the other party through a common-law employee/employer relationship or actual employee/employer relationship. Model shall not present himself/herself as an employee or any other kind of representative of The Babecams or its associated companies. The Babe Cams has no legal relationship with Models outside of that which is outlined in this Agreement.
b) Models must open all emails sent to them by The Babe Cams and its associated companies in order to be updated regarding important items related to services, this Agreement, rules and procedures, or other information.
c) The Babe Cams and its associated companies will be entitled to perform occasional monitoring, at their own discretion, of the activities of the Models engaged in communications with Guests/Customers. This allows The Babe Cams, inter alia, to analyze and develop methods for improving services to all of its associated companies and Models.
9. LICENSE
Model hereby grants The Babe Cams, and its associated companies, a general royalty-free, perpetual and exclusive license to use including providing them to third party sites - still and video images (including audio and text portions) of Model. The said license includes without limitation the right to copy, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology including without limitation for purposes of advertising the The Babe Cams website on the site or off the Site (e.g. - on any other web site) and for purposes of providing third parties with promotional materials or for any other purposes. It is hereby clarified that upon termination of this Agreement, by either party, The Babe Cams shall continue to hold the aforesaid license in its entirety. Materials created in connection with this agreement may not be used for any commercial purpose, outside the websites of The Babe Cams and those of its associated companies, without the prior written consent of The Babe Cams or its associates as applicable.
10. PAYMENTS TO MODELS
Please also refer to Section 12 (below) "SOURCES OF MODEL INCOME AND ADDITIONAL PAYMENT INFORMATION"
Models may engage, as required, in free text and/or audio and/or video chat with Guests of The Babe Cams, and/or its associated companies, for the purpose of attracting those Guests to enter into a paid video session. Such paid sessions may be billed on a per-minute or flat-rate or other basis as determined by The Babe Cams and its associated websites. Where applicable, Model is able to choose the billing rate and is entitled to a percentage of that.
a) Payments to Models are dependent upon receipt of payments both from specific Guests to whom Model provided service, and from associated companies that Model is contracted to work for. To the extent a Guest does not pay for the services provided by Host to the Guest including due to a refund or chargeback, the portion of that payment due to the Model shall not be made or shall be deducted from future payments. Please see Section 12 - Sources of Model Income.
b) All Payments owed to the Model are payable by The Babe Cams, except in cases where Models are paid directly by associated companies. All Payments are aggregated and processed through a third party and will be transferred to Model only upon receipt from the third party processor.
c) Payments to Models consist of a percentage of the total dollar amount received by The Babe Cams from associated companies for the individual paid sessions engaged in by the Model. This percentage amount varies both depending on the associated company and on other factors including, but not necessarily limited to, billing type (e.g., per minute vs. flat rate, etc.) and Model type (e.g., some associated companies may pay higher for female fetish models than they would for male models). In some cases Models will be paid directly by associated companies, and those terms and conditions will be spelled out by those companies should they choose to employ Models services.
d) Model may be able to check the records regarding his/her performance and credits, at the discretion of the associated company. Regardless of whether or not this reporting access is provided to the Model it is hereby clarified that only the records of The Babe Cams and its associated companies shall determine the credits and payments to which the Model is entitled. The Babe Cams and its associated companies shall not be obligated to present to Models and/or any other third party any documents regarding charge backs or refunds made by Guests/Customers.
e) The Babe Cams and its associated companies is entitled to deduct the sum of refunds and/or charge backs from the Models payments and credits at any time and at its sole discretion. It is hereby clarified and agreed that only the records of The Babe Cams and its associated companies shall determine the validity and the amounts of credits and payments, which the Model is entitled to receive from The Babe Cams and its associates. It is the Models sole responsibility to check and double check the mailing address details and/or bank account details and/or epassporte or other electronic payments account details, given to The Babe Cams or its associated companies by the Model, for the purpose of receiving payments from The Babe Cams or its associated companies. It is hereby clarified that The Babe Cams and its associated companie will not be obligated to resend or transfer payments, nor will the paying parties be responsible for payments, in cases of wrong addresses or wrong account details.
f) For the avoidance of doubt it is hereby agreed that it is the Models sole responsibility to be updated on all billing rates as well as all other billing and payment issues, as published and occasionally changed, on The Babe Cams website or the website(s) of associated companies in any cases where Models are paid directly by the associated company.
11. SPECIAL PROVISIONS
Model undertakes to ensure the compliance with all of the following -
a) Sexually explicit content/information is only allowed in areas designated on site, or in any agreements, by The Babe Cams or its associated companies.
b) The Babe Cams and its associated companies prohibit minors from acting as models in all cases of free or paid sessions with Guests. We must be provided by you with copies of identification documents (e.g., passport, driver's license, or similar ID which indicate that you have reached legal majority and a list of other names (aliases or stage names) used by you. Hosts located in the United States (US) must provide US documents.
c) Legible copies of such materials must be provided to The Babe Cams and its associated companies, as required, in the manner Model is instructed by The Babe Cams or its associated companies before approval of Model and from time to time as requested/required.
d) These identification documents are also stored in connection with 18 U.S.C. § 2257. IF SO REQUIRED UNDER 18 U.S.C. § 2257 OR OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY OR ITS REPRESENTATIVE. BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE THAT FOR PURPOSES OF 18 U.S.C. § 2257 YOU AS THE MODEL ARE THE "PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL. For further information regarding 2257 and the Site, please see our 2257 statement which can also be reached directly at http://models.thebabecams.com/2257.html.
e) Models shall not attempt to portray himself/herself as someone under the age of 18. Model will not portray himself/herself as a "teenager", unless Model specifically mentions that he/she is 18 or 19 years old. Otherwise, the use of the word "teen" in any form relating to ages under 18 is strictly forbidden.
12. SOURCES OF MODEL INCOME AND ADDITIONAL PAYMENT INFORMATION
This section provides additional information regarding how models are paid. Please also refer to Section 10 (above).
a) How is your payment determined?
i. Models are paid a percentage of monies received by The Babe Cams from associated companies for the paid session work that Model completes. The rate that The Babe Cams receives is exclusively dependent upon the contract between The Babe Cams and the individual associated company. It is hereby stipulated and agreed that The Babe Cams is under no obligation to, and will not, share information with Models or any other party regarding what those rates are or regarding any other matters relating to contracts between The Babe Cams and its associated companies.
ii. In cases where Models are paid directly by associated companies, The Babe Cams is not responsible, in any way, for those payments, and Models must refer to individual agreements with the associated companies to determine how and when they are paid.
iii. The Babe cams splits the relevant payments received with Models on a 30/70 basis - that is, The Babe Cams keeps 30% and the Model is paid 70%. The Babe Cams reserves the right to revise this payment structure at any time and for any reason, including relating to changes in contracts between The Babe Cams and its associated companies, by updating this Agreement. As a courtesy The Babe Cams will also endeavour to send an email notification of this change to each Model, however it is understood and Agreed by the Model that this email notification is not a requirement and that it remains the Models responsibility to review this Agreement, from time to time, in order to remain up-to-date regarding any changes.
b) How do I know what I have earned?
i. At this time it is not technologically feasible for The Babe Cams to provide Models with a real-time record of earnings. As with all aspects of this Agreement and our services The Babe Cams wishes to be as cooperative with and helpful to Models as possible, in order to increase our mutual success; as such, The Babe Cams will endeavour to provide Models with updated work/income information, where available to The Babe Cams, upon email request from the Model. However, it is agreed by the Model that The Babe Cams is in no way obligated to provide this information except as outlined in item ii. (directly below).
ii. The Babe Cams will make a montly report to Model regarding her/his work and monies earned/owing in accordance with the information made available to The Babe Cams from associated companies. This report will be sent to Model at the email address on file. Reports are sent within seven (7) business days of the first day of each calendar month, and are applicable to the immediately preceeding calendar month.
c) How and When do I get paid?
i. The Babe Cams will make payment to Model upon contractual payments being received by The Babe Cams from associated companies. It is intended by The Babe Cams that our Models should be paid, for the prior months earnings, no later than the fifthteenth (15th) day of each month. It is hereby understood and agreed by Model that The Babe Cams shall make no payments unless and until associated companies have made their contractual payments to The Babe Cams. More specifically, if for any reason The Babe Cams should not receive a contractual payment from an associated company, The Babe Cams is under no obligation to pay Model for any work, included in that payment, performed by the Model.
ii. Payments from The Babe Cams to Models is made via cheque or money order payable in the name of the individual Model under contract to us through this agreement. Such payments are sent by regular postal mail to the Models address on file generally by the fifteenth (15) of each month for earning from the prior calendar month; however in some cases, such as delays in The Babe Cams receiving payments from associated companies, payments to Models may be delayed.
iii. In the case of couples model performances both parties of the couple must have individually been approved by The Babe Cams and its associated companies, and must hve individually confirmed agreements. Regarding payments to couples models, The Babe Cams will contact the couple directly to confirm the one party of the couple to whom payments will be made.
iv. As the Model is not in an employee/employer association with The Babe Cams it is not necessary for the latter party to report or withhold income or any other taxes, dues, fees, except any that may be outlined in this Agreement. It is the Models responsibility to know what tax and/or other reporting requirements are required in his/her jurisdiction and to adhere to all relevant local laws.
v. Models must accrue a minimum of $50.00 owed by The Babe Cams before payments are made. Earnings not paid in one pay period, will be held over to the next period(s) until Model has reached the minimum payout.
13. THIRD PARTY PRODUCTS & SERVICES
You understand that The Babe Cams contracts with live adult webcam companies in order to supply those companies with model talent. You understand and agree that you will use the services of those adult webcam companies only in compliance with any of their instructions for use accompanying such services, as well as your Agreement with The Babe Cams. ANY WARRANTIES COVERING ANY SUCH SERVICES ARE PROVIDED SOLELY BY THE ADULT WEBCAM COMPANY(IES) THAT YOU MAY PERFORM FOR AND THE BABE CAMS MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. DISCLAIMER OF WARRANTIES
THE SERVICES, THE SITE AND THE SOFTWARE OF THE BABE CAMS AND ITS AFFILIATED COMPANIES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, SITE AND/OR THE SOFTWARE OR THE ABILITY OF THE SERVICES, THE SITE AND/OR THE SOFTWARE TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE SITE OR THE SOFTWARE; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE SITE OR THE SOFTWARE OR THAT THE SERVICES, THE SITE OR THE SOFTWARE DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE SITE AND THE SOFTWARE OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE SITE AND THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE SITE OR THE SOFTWARE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE SITE AND THE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR SUPPLIERS OR OUR/OUR SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE SITE AND THE SOFTWARE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE SOFTWARE OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME OR THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND THE SITE AND UNINSTALL ANY SOFTWARE PROVIDED FOR USE OF SERVICES.
16. THIRD PARTY LINKS, PRODUCTS AND SERVICES
VIA OR IN CONNECTION WITH SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
17. INDEMNIFICATION
Model shall indemnify and hold The Babe Cams, the owners, operators and suppliers of The Babe Cams and its services as well as their officers, directors and employees (collectively "Indemnified Parties") harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from the Models activities in connection with The Babe Cams or its associated companies including without limitation via the live webcam services. Such claims shall include, without limitation, claims in respect of any violation of law in a live webcam chat session (or in the content/information transmitted in such live webcam chat session) by a Model or any participant, claims of infringements of the intellectual property rights of any third party or claims that the Model is or was an employee of The Babe Cams or any of its associated companies.
18. BREACH AND TERMINATION
Both Model and The Babe Cams may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of a material breach of this Agreement, such as forbidden email activities, transmission of forbidden content, falsification of document(s), fraud or any other illegal activity, The Babe Cams reserves the right to freeze the Models account immediately for further investigation and the Model faces permanent termination, cancellation and forfeiture of all monies from The Babe Cams and its associated companies.
19. PENALTIES
Without derogating from the The Babe Cams right to terminate this Agreement with Model, The Babe Cams reserves the right to fine or otherwise penalize the Model including without limitation by forfeiture of outstanding or future earnings in any case in which The Babe Cams determines that the Model has violated this Agreement, the terms of use of The Babe Cams or any of its associated companies for which the Model may be engaged in providing services, and/or any instructions given by the The Babe Cams to the Model. Moreover, any Model promoting a third party site to guests of The Babe Cams or its associated companies may be penalized by the levying of a fine of up to USD5,000.00 at the discretion of The Babe Cams.
20. CONFIDENTIALITY
Model shall keep in strict confidence any and all materials and information regarding The Babe Cams technological systems and business, commercial and marketing methods and trade secrets and those of companies associated with The Babe Cams for which Model may be contracted to provide services. This provision shall survive termination of this Agreement by either party.
21. SEVERABILITY
To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
22. WAIVER
No employee, agent or representative, including without representation a customer service representative, of ours shall be entitled to waive any term of this Agreement.
23. HEADERS
Headers of sections in this Agreement are included for convenience only and shall not be used to interpret these the Agreement.