EveCam Terms and Conditions

Introduction

This document, which may also be referred to as "User Agreement" or "Agreement" throughout, binds all individuals, businesses, and organizations, also referred to as "Users", "Guests" or "You", who navigate to and use the services on EveCam (www.EveCam.com), also referred to as "The Site", "The Company", "Website", "Us", or "We".

The Site acts as a facilitation service to hosts, also referred to throughout this document as "The Hosts" or "Hosts", on the agreement with the Hosts that they provide Host Services (defined below in paragraph 1c) to Users of the Site. The Site also provides Users with the opportunity to purchase virtual currency, referred to as "EveCams Credit", which Guests may use to purchase such Host Services from Hosts. Hosts may use systems provided by the Site to communicate with Guests, such as the audio, visual, and audio communications systems, also referred to as "The Application". The application may also be used by Guests to initiate communication with Hosts or to request specific content and/or information. The Application allows communication to be established between a Guest and a Host via a Chat System once a Host-Guest Chat Session has been initiated, also referred to as "HGCS". The Application is designed to allow more than one Guest to communicate with a single Host at any given time.

Host Services are exclusively provided by and are the sole responsibility of the individual Host. The Site does not directly provide any Host Services to Guests who use the Site. Instead, the Company acts as a facilitator on behalf of the Hosts who have previously registered on the Site, also referred to as the "Community of Hosts", in regards to the purchase of EveCams Credits and in accordance with this Agreement. In some cases, EveCams Credits may be used on affiliated websites of the Site. It is understood that EveCams Credits do not constitute a service, goods, or right in themselves and are simple a virtual payment method for the Site.

This agreement, in its entirety, comprises of the up to date and full Agreement between The Site and You, and supersedes any prior agreements established between You and the Company or any predecessor Company. However, there may be additional rules and regulations in place across the Site in relation to specific Services and/or any Host-Guest Agreement in conjunction to the receipt of Host Services. The Site, on behalf of both themselves and the Community of Hosts, reserve the right to enforce all rules to their full extent.

Without any prior the notice, the Site retains the right to alter, change, or remove this Agreement. In addition, as a facilitator for the Community of Hosts, the Site may change, alter, or remove the Host-Guest User Agreement, including how billing operates, EveCams credits are used, and other terms relating to payments. Use of the Site and any/all of the Services available constitute your acceptance and agreement to these Terms and Conditions, any applicable Host-Guest Agreement, and all other relevant rules and regulations in their current state. It is your sole responsibility to ensure you have checked such Agreements for any changes or alterations and your continued use of the Site indicates your agreement to such Terms. Should you not wish to use our Services due to changes in these Agreements, you may terminate your membership with the Company immediately.

Use of the Site signals your acknowledgement that it is an audio, visual, and text service and a chat platform designed to fulfil fantasies exclusively online. The Site is not intended as a dating site or to facilitate relationships of any kind in the real world. If such an instance occurs, including but not limited to the bypassing of our billing system and/or transferring of money outside the Site, the User and any other parties involved assume full responsibility.

As a facilitator to the Community of Hosts, the Site may at any time and without prior notice alter any promotions and/or reward schemes. All promotions and/or reward schemes and any changes made to them are bound by this Agreement.

Use of the Site constitutes your acknowledgment that the Site does not control and/all of the information and contents provided by the Hosts and/or Guests throughout the Site.

The Site makes its Services available to You in its role as facilitator to the Community of Hosts. Some sections of the Site may be free to browse and use, however, there are also sections of the Site, such as participation in HGCS and other features/services that may not be free of charge and are bound by the Host-Guest Agreement.

Member Accounts and Account Information

All Guests who visit the Site confirm that they are at least 18 years if age. Guests also agree to provide accurate and up to date billing and registration information as and when requested. Should any information provided by Guests be found to be inaccurate or out of date, the Site reserves the right to restrict usage of the Site and Services to such Guests and/or to ban them completely from the Site and/or Services as well as subjecting them to both criminal and civil liability.

Upon registration, new Guests are required to create a username and password. The chosen username will be displayed in public areas of the Site, such as in HGCS, and it is therefore important that Guests chose a name that is not offensive to anyone else, is their own username, and does not violate a third party’s intellectual property.

All screen names and usernames on the Site are the property and owned by the Site.

Upon joining the Site, You may be asked to download a small piece of software, also referred to as "User Software", which may be used by the Site to recognize You when you navigate to the Site and identify some of your personal details as well as acting as part of the Site’s fraud prevention policy.

A valid email address is required when creating an account on the Site. This is used for verification emails and notifications from the internal message center that are sent at the request of Hosts. By providing a valid email address, You agree to receive emails from the Site’s commercial partners regarding services and products available on the Site.

All Guests remain entirely liable for their actions while on the Site, including but not limited to, any HGCS conducted during a visit. Guests may not use other people’s accounts to access Services on the Site and it is the responsibility of all Guests to protect and keep private their username and password. Guests may not transfer any of their rights, as stated in both this Agreement and the Host-Guest Agreement, their username, or their password to any other person or entity. In the event that unauthorized access has been gained into your account, it is your responsibility to inform the Site immediately.

Any Guest who has been banned from the Site or from HGCS Services may not use another account to access such Services without the explicit prior written consent of the Site.

Guest accounts may be cancelled at any time by logging into your account and navigating to the appropriate option. All canceled account remain liable for any and all payments outstanding on the account before its closure as well as any liabilities arising from this Agreement or any Host-Guest Agreement.

The Site reserves the right to cancel, amend, suspend, or delete any Guest account at any time. In the event that the Site and/or Host-Guest Services are cancelled and/or suspended, all Guest accounts on the Site will immediately be terminated without any prior written notice. However, all outstanding liabilities and/or payments from such accounts will remain in place.

Paid Services, Charges, and Billing

There are no basic fees charged by the Site for browsing certain sections, however, charges may be applied for access to particular Services such as Host Services provided by Hosts on the Site. These charges are made in accordance with the applicable Host-Guest Agreement and are generally described at the point of entry into a paid section of the Site.

Guests may access all records of their previous transactions on the Site as well as the status of their current EveCams Credit balance by navigating to their account. For any enquiries regarding the billing practices on EveCam, please contact the customer service department.

EveCams credits may be purchased by credit card, by prepaid methods via third parties, or direct bank transfer in accordance with the terms stated in this Agreement. Credit card payments are all processed using the Site’s third party processor (SegPay), which is fully secured, encrypted, and guaranteed to ensure privacy during all transactions. Purchases will show on bank and credit card statements as either "SegpayEU.com/DBF". Depending on your bank or credit card provider you may incur additional fees in connection with transactions which is not associated with the Company. The terms of your credit card issuer agreement remains valid during all transactions and will inform you of your rights, liabilities, and any fees incurred during transactions. All components of charges may be accessed in the account area of your account after logging in.

All Guests are responsible for charges and purchases made on the account on the Site. The Site takes no responsibility for charges made on Guests accounts.

In the case of a chargeback being issued against the Site, We retain the right to cease any use of the Site and/or Services from that Guest account with immediate effect. All questions and queries regarding purchases should be directed at our customer service team via the contact page on the Site.

The Site, as a facilitator for the Community of Hosts, does not offer refunds except in the case of extraordinary circumstances. In some cases a refund may be issued by the Site in the form of EveCams Credits.

In the case that a Guest registers for a Host Discount Club and that Hoist becomes unavailable either temporarily or permanently, no refunds will be issued. Host Discount Clubs are a Service provided by the Host to Guests and the Company does not dictate any charges for parties who use such Services.

Contents

So that the Community of Hosts can provide Host Services and to facilitate all Services provided by the Site, You agree that You do not have any ownership, claim, or proprietary interest in any and all of the information and content on the Site. All content throughout the Site is owned by either the Site and/or the various Hosts and is subject to an exclusive agreement. Any content provided by Guests on the Site, as described in Section 4d below, is licensed to the Site and You maintain no rights, claim, demands, or suits in respect to such content.

The Site does not prescreen any contents and/or information which is published throughout the Site and/or displayed in Host Services, including HGCS. However, the Site maintains the right to ban, remove, edit, or cease Your ability to use the Site if any contents used during HGCS is deemed harmful, rude, offensive, or violates this Agreement in any way. The Site can do this without providing any notice.

All materials and content on the Site is copyrighted and considered valuable intellectual property. They are protected under treaty provisions and worldwide copyright laws and as such may not be reproduced, copied, edited, transmitted, published, or uploaded without the express written consent of the Company. By submitting content and/or information to any public area of the Site, including but not limited to forums, message centers, and video chat rooms, you grant the Company explicit, royalty-free, irrevocable, non-exclusive rights and license to reproduce, use, modify, adapt, translate, publish, create derivative works from, distribute, communicate to the public, perform, and display such content and/or information and/or to incorporate the content and/or information in any form, media or technology, for the full term that any such right exist.

The names "EveCam" and "Evecam.com" along with other brand names used throughout the Site are protected by trademark law.

The Site contains content that is unsuitable for minors. Guests on the Site understand that the Site does not intend to and cannot prevent anyone from viewing such content. Therefore the Site cannot be held liable for any content provided by Guests and/or Hosts. However, the Company may at its discretion monitor all contents on the Site.

If it is determined that the actions and/or conduct of a Guest directly inhibits or restricts the enjoyment of another Guest and/or entity, We reserve the right to ban, suspend, or remove that Guest immediately and without notice.

Use of the Site and Services by Guests should remain lawful at all times. Under no circumstances should Guests use the Site and/or Host Services and/or their account to do the following:

  • Promote harmful, unlawful, abusive, threatening, harassing, obscene, defamatory hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted.
  • Harass, embarrass, or otherwise cause distress, unwanted attention, or discomfort to another Guest, and/or Host, and/or User or any person or entity on the site.
  • Disturb another Guest and/or Host while on the Site
  • Impersonate another person or entity with the intention to offend, including but not limited to a minor or official representative of the Company.
  • Post, transmit, or cause to be posted or transmitted any advertising materials for businesses other than the Site.
  • Seek to obtain personal information, a password, account information, or other confidential information from any Guest and/or Host.

Promotions and Rewards

The length and eligibility of all promotions and rewards listed on the Site are solely determined by at the Site’s discretion. All such promotions and/or rewards are subject to specific Terms, a Guest’s purchase limits, and refer to EveCams Credits only.

Any Guest who is found to have committed fraud as violated the terms of this Agreement and will have their account terminated, be disqualified from participation in promotions and/or rewards, and lose any entitlement to bonus credits. On occasion, and the discretion of the Site, a Guest may be requested to provide documentation prior to participation in a promotion and/or reward.

The Site maintains the right to change, alter, or cancel any promotion and/or reward without any prior notice. No compensation will be due to Guests in such instances.

Participation in certain promotions and/or rewards may hinder your ability to participate in future promotions and/or rewards.

Promotions and/or rewards for new Guests apply to Users who are signing up for an account for the first time only. Guests who have previous paying account are ineligible from such promotions and/or rewards.

New accounts created using a fake and/or disposable email address are ineligible for new Guest promotions and/or rewards.

The Site reserves the right to revoke, at any time and without prior notice, any bonus credits and/or rewards from Guests who have obtained them via a system error and/or illegitimate reasons. The Site may also postpone or cancel a promotions and/or reward at any time and without prior notice.

Communications

The Site has a strong policy which forbids any third party from sending spam emails, promotional emails, or marketing emails on behalf of the Site. The Site, either solicited or unsolicited, does not allow third parties to send emails on Our behalf. The Site will only send emails to Guests who are registered on the Site.

Guests may send a small number of messages to friends and family via the Site’s messaging system. However, storage capacity is quite limited and allows only a small number of messages to be sent in this manner. Any abuse of this function is not tolerated and will result in the Site banning, suspending, or cancelling an account. Should you wish to report abuse of this function, please contact out customer services team.

Adult Content

Some sections of the Site contain adult materials and content and as such are marked with a warning to Guests that the material on that page is inappropriate for minors. Should a Guest place a bookmark on such a page to make it easier to access in the future, the warning may be bypassed upon your return. Use of such bookmarks mean you understand that this scenario may arise and such warnings may be bypassed. The Site takes no responsibility for Guests who bookmark pages and are then not notified about adult content.

Disclaimer of Warranties

The Site and any Host Services under the Host-Guest Agreement are provided to you "With All Faults", "As Is", and "As Available" without warranty of any kind, either express or implied and to the fullest extent under applicable law. We specifically disclaim any and all warranties including, but not limited to:

  • Any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness, or content of the Site and/or any Host Services and/or the ability of the Site and/or any Host Services to integrate with any third party products including software and hardware.
  • Any warranties resulting from a course of dealing or usage or trade.
  • Any warranties with regards to the accuracy or completeness of errors in the contents or functioning of the accuracy of the results or output that derives from the use of the Site or any Host Services.
  • Any warranties of merchantability or fitness for a particular purpose.
  • Any warranties regarding the rights and title of the Company in the Site and any Host Services or any warranties that the Site and/or any Host Services do not infringe the intellectual property rights of any 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 malfunction 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, use of data, information, and/or records, whether in breach of contract, tort, negligence, and/or under any other cause of action. We specifically do not warrant or guarantee:

  • That the Site and/or Host Services and/or any portion of either will be free of infection by viruses and/or anything else manifesting in the Site and/or Host Services contaminating or destructing properties.
  • That the functions performed by the Site and/or Host Services will be uninterrupted or error-free or that defects will be corrected.

It is your sole responsibility to execute virus software and/or anti-contamination software and take other steps to ensure that the Site and/or any Host Services, if infected or contaminated, do not damage your system or information.

Limitation of Liability

We are not responsible for any actions taken by Guests while on our Site, using our Services, or for any of the Contents provided by them.

We do not accept any liability resulting from the use of our Services, including liability resulting from lawsuits, penalties, claims, damages, obligations, expenses of any nature and type including direct, indirect, occasional, penalties, and/or losses caused by negligence, service interruption, loss of data, hardware damage due to virus attacks, loss of income, loss of opportunity, waste of office time, breaching of a contract, third party claims, or any other losses that may have been foreseen as those which may be caused due to or during the use of our Services. This liability limitation covers, but is not limited to, transmission of any software or viruses that may harm your hardware, cause malfunctions of mechanical or electrical hardware or of communication lines, other connection issues (such as impossibility of Internet access), unauthorized access, stealing, injury, property damage, operator errors, strikes or force majeure, including, but not limited to liability for loss of income, profits or contracts loss, loss of business, loss of anticipated savings, loss of goodwill, loss of data, loss of office time, and any other loss or damage of any kind.

External URLs

In relation to and/or via the Site and/or communication services, we may provide Guests with links to websites and/or offers from third party services and/or products. The Site as no control over the content displayed on such links and/or the products and/or services on said links. We do not endorse:

  • The content of such third party sites.
  • The products and/or services offered by such third party sites.
  • The privacy and protection of Guests on such third part sites.
  • The availability of such sites and/or products and/or services offered by such third party sites.

Adult Activities

Sections of the Site and communication services are intended for use solely by consenting adults over the age of 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old) who are interested or wish to gain access to images, audio, descriptions, videos, and other features and/or products of a sexually explicit nature, referred to as "The Materials". The Materials, including features, services, and products which can be accessed via the Site and Host Services may include graphic depictions and descriptions of a highly sexual nature and should not be viewed by anybody under the age of 18 years old or as stated above or those offended by such Materials. By joining, accessing, using, or viewing the Site you are bound by the following statement:

"Under penalty of perjury, I swear/confirm that as of this moment I am an adult of at least 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old). I promise that I will not permit any persons under the age of 18 years old (19 in AL and NE, 21 in MS and DC, and the legal age in other locations where it is not 18 years old). To gain access to any products, features, or Materials featured on the Site or via the Host Services. I understand that by accessing this Site I will be exposed to Materials of a graphic and sexual nature and am voluntarily choosing to view such Materials because I wish to view, read, and/or hear such Materials and/or order and enjoy the use of such Materials personally. This choice is solely my own and is a result of my interest in sexual matters which I believe is both healthy and normal and is shared by an average number of adults in my community. I understand the standards in my community in regards to acceptance of such sexual Materials and the Materials I expect to see are within those standards. I will provide reasonable insulation from the Materials for minors and unwilling adults and will not find such Materials to be blatantly offensive. I further represent and warrant that I have not notified any governmental agency, including the United States Postal Service that I do not wish to receive sexually explicit Materials."

Restricted Locations

The Site and any Host Services may not be viewed, downloaded, or accessed in a country and/or location where such an act would violate local law, rule, regulation, or custom. In addition to this, the Site may restrict access to its Services to Guests in any location at any time. The Site will not be held liable by any Guest for restriction of access due to geographical location and the loss of EveCams Credit in connection with such restrictions.

Indemnification

You agree to indemnify and hold the Company, owners, and operators of the Company, and the Site, as well as their officers, directors, and employees harmless against any and all expenses and/or losses. This includes reasonable attorney fees incurred by the Company in connection to claims of any kind that result either directly or indirectly from your activities on the Site or in connection to the Company, including without limitation on the Site and/.or Host Services. All such claims include without limitation claims in respect to violation of laws in any HGCS.

Amendments

The Site reserves the right, without any prior notice, to amend and/or change this Agreement. You should note that:

  • The most recent and up to date copy of this Agreement can be found published on our website.
  • Any amendments are active and valid from the moment the amended text is updated on our Site or from a starting date indicated on our Site.
  • In some instances, we may notify Guests of amendments to this Agreement, however, it is the responsibility of the Guest to regularly check the Agreement for updates.
  • Should you disagree with any terms outlined in this Agreement, you should stop using the Site and Services immediately. Continued use of the Site and Services indicate your agreement with all changes and amendments to this Agreement.

Miscellaneous

  • Notices and/or messages communicated by the Site may be delivered via email, traditional mail, or general posting. Unless specified in the Agreement, messages and/or notices may be given by electronic messages, conventional mail, telephone, and/or fax.
  • In such a case that part and/or section and/or specific terms in this Agreement are unenforceable, the remainder of the Agreement will continue to remain valid, enforced, and in effect.
  • No employee, agent, representative, including customer service representatives of the Company and/or Host, is entitled to waive any term or terms of this Agreement.
  • Headers used throughout this Agreement are for convenience and ease of reading only and should not be used for interpretation of the Terms.
   

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