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Welcome to the CamConomy Video Chat.
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Terms and Conditions
Elora Resources S.A., established in Zurich,
Switzerland, develops, maintains, owns, operates and supports an Internet Video
Chat Service platform as a service provider to people or companies who wish to
engage in paid VideoChat services, but do not have the technical expertise or
the ability to do such themselves. The website located at domain name
http://www.camconomy.com is the central point of information for Chathosts
and/or Chathost Agents. For commercial purposes, Elora Resources S.A. maintains
an array of websites that serve customer access and/or marketing purposes. A
full list of these websites can be obtained from http://www.camconomy.com. Some (if any) of these websites may not be
owned by Elora Resources S.A. Elora Resources S.A., http://www.camconomy.com
and all customer access and/or marketing websites together are hereafter
referred to as “Elora”. Chathost (hereafter “Chathost”, “You”, or
“Your”) agrees that during the periods in which Chathost produces content
and/or Productions accessible via the Internet, through the Internet VideoChat
Service owned and operated by Elora, Elora shall provide the distribution and
support services stated in this agreement and will forward to You (or Your
Chathost Agent, if applicable) the revenue earned. Elora explicitly and
exclusively targets and markets the adult market. Only Chathosts and/or
Chathost Agents with the same intend should apply. Definitions: 1. "Chathost" refers to Your
function as a content provider or producer via Elora’s Internet VideoChat
Service, including without limitation Your activities in video chat sessions. 2. "Chathost Agent" refers
to the third party expressly stated below, who is the payee for the revenue
cheques (or wire payments) sent by Elora for the Chathost’s content, services
and/or Productions provided herein. (A Chathost is not required to work with a
Chathost Agent to create content and distribute the Productions, but, if a
Chathost is working with a Chathost Agent, that Chathost Agent will receive the
revenue cheques and will be solely responsible for any and all payments to
You.) 3. "VideoChat Communications Session"
refers to the communications that You engage in with others and/or the content
that You and/or Your Chathost Agent produce via the Internet VideoChat
Services, including without limitation the Productions; these communications
and content productions generally take place via the Internet in a VideoChat
Communications Session outside of Elora’s direct control. 4. "Productions" refers to
the works or content that You and/or Your Chathost Agent produce, directly or
indirectly, through Your use of the Internet VideoChat Services offered by
Elora during VideoChat Communication Sessions, including without limitation all
real-time or archived images, video chat sessions, motion pictures, video,
audio and text and materials derived from the same. 5. "Internet VideoChat Service"
refers to the information service, system, billing or access software offered
via Elora, or any other Internet VideoChat Service controlled, operated,
managed or run by Elora, that provides or enables computer access by multiple
users to a computer server. A. Elora agrees to the following: 1. Elora provides
the distribution for the Productions, support and billing activities. As a
distributor of the Productions, Elora agrees to provide Chathost support and
billing services, either directly or through third parties. 2. If a dispute arises between You and a user
about a charge to the users’ credit card, Elora will co-operate fully with the
user’s credit card company and will abide by whatever decision or
recommendation the credit card company or bank issues. Elora may freeze or hold
the amount in dispute until the subject of the amount in controversy is
resolved. 3. The relationship between Elora and the
Chathost is limited exclusively to Elora’s distribution, support and billing
services, either directly or through third parties, as expressly stated herein.
Elora has no authority to bind or represent You, as it relates to third party
matters, in any respect. 4. Elora grants You a non-exclusive,
non-transferable, royalty-free, and worldwide license, to use and display
Elora’s trademarks and/or service marks for the sole purpose of advertising and
promoting the Productions You distribute on the Elora Internet VideoChat
Service. B. Chathost agrees to the following: 1. Chathost and/or
Chathost Agent shall be solely and exclusively responsible for all of the
content of the Productions. 2. Chathost ensures Elora that the content in
his or her Productions complies with the laws and regulations applicable in (i)
Chathost’s country of residence, and (ii) Chathost’s local community. 3. All visible participants in Your
Productions shall be consenting adults who are (i) at least 18 years of age,
(ii) of legal majority age in Chathost’s jurisdiction and in Switzerland, and
(iii) duly registered, and re-registered as required from time to time, as
Chathosts with Elora. 4. Intellectual Property Rights. 4.1 Chathost hereby warrants and agrees that
Chathost possesses and/or has obtained all intellectual property rights,
interests, and licenses necessary to engage in this agreement. You may not
post, distribute, or reproduce in the Productions, any copyrighted material,
trademarks, service marks, or other proprietary information of third parties
without obtaining the prior written consent of the owner of such proprietary
rights. 4.2 For the sole purpose of legitimately
promoting Elora, Elora hereby grants Video Chathost a non-exclusive,
non-transferable, royalty-free, worldwide sublicense to use Your designated
Elora screen name(s) and the Productions. At all times, both parties agree not
to use the Productions and/or Your designated screen name(s) for any unlawful
purposes. 5. Chathost may not use any facilities of
Elora to promote or solicit any URL or Internet service, other than Elora, that
provides services or features that are competitive to Elora. Chathost shall not
contact or communicate with any Elora user for the purpose of circumventing the
Elora Internet VideoChat Service, including but not limited to, the
solicitation or encouragement of the user to leave Elora and/or to purchase,
consume or subscribe to Chathost’s and/or Chathost Agent’s content through
computer services which are competitive to Elora (user theft). 6. Indemnity and Limitation of Liability: 6.1 Chathost shall indemnify and hold
harmless Elora, its officers, directors, employees, and consultants against any
and all expenses and losses (including reasonable attorneys fees and costs)
directly or indirectly incurred by Elora in connection with any claims of any
kind arising from the breach of any terms, conditions, warranties or
representations made by You in this agreement, including but not limited to,
any intellectual property disputes and/or other disputes or actions that may
result from Chathost’s Productions or the subject matter governed by this
agreement. 6.2 In no event will Elora be liable to You
and/or any persons who appear in Your Productions, for loss of profits, loss of
business, loss of use, loss of data, interruption of business, cost of
procurement of substitute goods and services, or for any special consequential,
exemplary or incidental damages, arising out of or related to this agreement,
however caused, and whether arising under contract, tort (including negligence)
or any other theory of liability. The limits set forth in this section will
apply even if the chathost or other person has been advised of the possibility
of such damages. 6.3 In the event Elora is held liable to You,
or any other person, in any way, Elora’s aggregate liability under this
agreement shall not exceed the aggregate amounts actually paid to Elora by
Elora’s users for the Productions You distribute through Elora. 7. Adherence to Internet Self-Regulation and
“Netiquette” (Prohibition of SPAM, UCE and other abusive practices): Elora,
Chathosts, and Elora users strive to maintain excellent reputations as good
Internet “citizens”. To preserve that reputation and good will, Elora strictly
enforces a ZERO-TOLERANCE anti-spam policy. If You engage in SPAM or other
abusive activities in an attempt to drive Internet traffic to or advertise the
Productions or any area of the Elora Internet VideoChat Service, this agreement
and Your relationship with Elora will be terminated. Use SPAM, and You will be
terminated from the Elora Internet VideoChat Service. Period. (No explanations
accepted.) Proper netiquette also includes common good manners and professional
courtesy toward others. You accordingly agree to refrain from issuing
disparaging, libelous, slanderous, defamatory, false, or otherwise inflammatory
and/or negative statements concerning fellow Chathosts, Chathost Agents, Elora
users, Elora, or the Internet VideoChat Services provided to You under this
agreement. (Simply stated, You are expected to maintain a professional demeanor
at all times.) 8. NO CRIMINAL BACKGROUND: You represent and
warrant that You do not have a criminal history consisting of investigation,
arrest or conviction by government agencies for felony or other serious crimes. 9. Chathost/Elora Relationship: 9.1 For tax and all other purposes, Your
relationship with Elora is not that of employee/employer, through a common-law
employee/employer relationship or actual employee/employer relationship. You
are not entitled to receive any benefits available to an employee of Elora. 9.2 Chathost hereby agrees that Chathost
and/or Chathost Agent is the seller of all goods and services sold through
Elora and/or any Elora Internet Videochat Service, and that Chathost or
Chathost Agent shall be solely responsible for any and all taxes associated
with the revenue received from the sale of goods and services that are generated
through Elora and/or any Elora Internet Videochat Service. Elora is not
responsible for, and will not pay any taxes for the goods or services provided
by You or Your Chathost Agent, including without limitation,federal taxes,
income withholding taxes, social security taxes, unemployment taxes, disability
taxes, income taxes and value added taxes (VAT) and/or any other taxes levied
by any country. 9.3 Chathost hereby agrees that You, and/or
Your Chathost Agent, retain complete control of the content of the Productions.
Elora does not maintain or impose a schedule nor otherwise require You to work
set shifts, and there is no minimum usage requirement whatsoever. You will
furnish, at Your own, or at Your Chathost Agent’s, expense all property, space,
computers, computer equipment, furniture, materials, etc., used in the course
of the Productions. 10. Chathost hereby agrees to and expressly
consents to Elora’s exercise of Elora’s right, in the ordinary course of its
business as the provider of an Internet VideoChat Service and as a necessary
incident to the rendition of services or protection of its rights or property
(including without limitation ordinary technical support and operational
functions), access, monitor and/or record Chathost’s video chat sessions and/or
the Productions to ensure compliance with Elora’s policies and/or the laws and
regulations of (i) Chathost’s country of residence, (ii) Chathost’s local
community, and (iii) Switzerland. 11. Your rights and obligations, as stated in
this agreement, shall not be assigned or transferred to any other person or
entity; any such assignment or transfer is void. You are solely responsible for
all data, information and content created via use of, and/or provided in order
to obtain the rights to, the screen names licensed in this agreement. You must
promptly inform Elora, in writing, of any apparent or actual breach of
security, such as loss, theft, or unauthorized disclosure or use of a screen
name, username or password. You further agree to provide Elora with any and all
updated information related to You and/or Your Chathost Agent. 12. Chathost hereby agrees that, consistent
with Elora's policy, a key component of being a customer-committed Chathost is
providing users, who pay to access Your Productions, complete and undivided
attention during Your real-time Productions. C. General Terms: 1. Chathost, and/or Chathost Agent, is
solely responsible for the Productions, including without limitation the
content thereof. You acknowledge and agree that Elora may, in its sole
discretion, delete and/or modify any aspect of the Productions, including
without limitation, content, messages, photos or profiles, that, in Elora’s
sole discretion, violate the terms of our agreements with You, violate the
terms of our agreements with Your Chathost Agent, that violate Elora policies,
that may be offensive and/or illegal, or that may harm or threaten the safety
and welfare of Elora and/or Elora’s users. Elora is not obligated however, to
take any action and is not responsible for the content of, or for any failure
or delay in deleting and/or modifying the Productions. 1) You
acknowledge and agree that Elora may, in its sole discretion, delete and/or
modify any aspect of the Productions, from any URL, or service owned by Elora, including
without limitation, content, messages, photos or profiles, that, in Elora’s
sole discretion, violate the terms of our agreements with You, violate the
terms of our agreements with Your Chathost Agent, that violate Elora policies,
that may be offensive and/or illegal, or that may harm or threaten the safety
and welfare of Elora and/or Elora’s users. 2) Chathost transfers to
Elora full license to use any and all copyrights, trademarks, service marks,
trade secrets, and all other proprietary rights in and to the Productions, or
any portion thereof, via an unlimited, perpetual, worldwide, royalty-free,
irrevocable, sub-licensable, transferable, exclusive license to (Elora). Wht the rights granted herein, Elora may,
without limitation, use, distribute, reproduce, display, perform, publish,
modify, adapt, translate, transmit, market, import, export, promote and/or
create derivative works of the Productions in any medium or technology
whatsoever, now known or to be developed in the future. You further agree that, although You shall
remain the Producer of any such derivative works, Elora shall solely own the
copyrights and all other proprietary rights in and to any such derivative works
created from Your Productions. 2. No software from this Internet VideoChat
Service may be downloaded or otherwise exported or re-exported into (or to a
national or resident of) any nations or country to which 3. Chathost agrees and understands that the
Internet Videochat Services are provided by Elora on an “AS IS” and “AS
AVAILABLE” basis, without warranties or guarantees of any kind whatsoever,
whether express or implied, including but not limited to warranties of title,
noninfringement or implied warranties of merchantability or fitness for a
particular purpose, or warranties or guarantees of profitability or customer usage.
No advice or information given by Elora, its affiliates, officers, directors,
shareholders, agents, employees, contractors or other representatives shall
create a warranty or guarantee of any kind whatsoever. 4. Chathost recognizes that this agreement
and all agreements incorporated by reference herein may have changes from time
to time, via print, electronic, e-mail, link to web page, click through
agreement, or any other media or method Elora chooses. For any and all notice
requirements stated in this agreement, email notice is valid written notice.
Notwithstanding anything to the contrary in this agreement, Elora’s act of
posting these changes online or e-mailing them to You or Your Chathost Agent,
and Your, and/or Your Chathost Agent's, continued use of the Elora Internet
VideoChat Services, and/or Your act, or your Chathost Agent's act, of cashing
or depositing the user revenue cheques (or bank wires) sent by Elora, is your
way of manifesting acceptance to the terms of this agreement and/or any such
Elora modification to this agreement. 5. Should any provision of this agreement be
found by an arbitration panel or a court of law to be void, invalid or
unenforceable under any applicable law or equity, such a finding shall not
affect the remainder of this agreement, in part or in whole, that can still be
given effect without the void, invalid or unenforceable provision; to that end,
the provisions of this agreement are severable. 6. This agreement and those portions of the
policies stated on the Elora Internet VideoChat Service and expressly
incorporated by reference herein, constitute the entire agreement between the
Chathost and Elora relating to the subject matter of the agreement and shall
supercede any prior agreements between Elora and Chathost related to the
subject matters herein. Both parties further agree that, should any policy or
statement appear on Elora and/or any other Internet VideoChat Service owned by
Elora, which contradict the terms stated in this agreement, the terms of this
agreement shall prevail. 7. Chathost and/or Chathost Agent hereby
expressly acknowledge that Elora is allowed to contract third parties to
execute the agreed support and/or billing services. 8. This agreement shall be governed by and
construed in accordance with the Laws of Switzerland. Any dispute arising out
of or in connection with this agreement shall be submitted to the competent
court in Zurich, Switzerland, provided always that if Elora is a plaintiff, it
may bring its action before the competent court of the place where Chathost
and/or Chathost Agent resides or has its seat. 9 SECTIONS A.2, B.1 - B.6, B.9, C.1, AND C.4 - C.10 WILL SURVIVE THE
EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.Important information for
all Chathosts All of the below statements and declarations are ZERO TOLERANCE
policies FORBIDDEN: Bestiality, any
presentation of underage persons or any presentation of persons that have not
filed proper proof-of-age is strictly forbidden. Any Chathost found to have
produced content, or engaged in conduct, classified under the above categories,
or who has otherwise produced illegal content under the law of PROOF-OF-AGE: All Chathosts must consent
to this agreement with Elora, and must meet all the documentation requirements
established by Elora, in Elora’s sole discretion, at any time throughout the
term of this agreement. I recognize that Elora is a responsibly-operated,
law-abiding Internet VideoChat Service and I support and agree with its
principles. Therefore, in producing any mature-theme content via the Elora
Internet VideoChat Service, I hereby declare that: 1. I am at least 18 years of age,
anyone appearing in my Productions is also at least 18 years of age, and I, and
all such person(s), have supplied Elora with the required age documentation
materials, as required by law. 2. I will not produce any content
that is prohibited, unlawful or contradictory to the contents of this
Agreement, to the standards of my local community (Elora recommends that You
consult with an attorney familiar with Your local community standards) or
elsewhere on the Elora Internet VideoChat Service. 3. I recognize that I am solely
in control of my Productions. I am under no obligation to satisfy requests made
of me by users to my Elora videochat room or others on the Elora Internet
VideoChat Service. I am acting under my own volition and without coercion, and
I recognize that Elora has created software tools for me to use, at my
discretion, so that I can block users to my videochat room who make me feel
uncomfortable, and that I am able to reject any user request that I am
uncomfortable complying with. 4. I will not use the Elora
Internet VideoChat Service as a means to promote any direct physical contact
with any Elora user for the purposes of prostitution, escorting, or related
activities. 5. I understand that I can help
keep the Elora Internet VideoChat Service clean by reporting any misconduct I
observe, to the Elora support staff. 6. I understand that if I violate
any of the stated above, Elora may terminate my account and I may forfeit any
revenues that I have generated as a result of the goods or services that I have
offered via the Internet VideoChat Service. Revenue Sources for Chathost(s)
who are not working with a Chathost Agent: 1. User Proceeds: 30% of GROSS
revenues collected from users who pay to access Your Elora Productions (payouts
twice per month on or around the 5th and 20th of every
month). As a part of Elora’s support
services, as stated in this agreement, we mail cheques (epassporte or issue bank wire payments) to You or Your
Chathost Agent, twice per month. Payments include payment for all revenue
sources indicated above. Users of Elora pay You or Your
Chathost Agent for the goods and services provided through Elora, not Elora
itself. Payments are aggregated and processed through a third party. Age Release documentation: Elora engages only
those Chathosts – or Chathost Agents – who prove themselves to be at least 18
years of age and who provide Elora with a complete identity documentation
package, including without limitation official photo ID.
Each individual who wishes to appear in any video chatroom on
Elora, and/or who wishes to register as a Chathost Agent, is required to upload
or email a copy of their identification showing a clear birthday. Every person,
before they can appear in a video chatroom, must be individually and
specifically approved by Elora directly. Photo ID: Each individual must provide to
Elora at least 1 form of identification. 1. "Primary Photo ID"
which must be an unaltered driver’s license, passport, or some other form of
official government-issued photo identification, bearing a recent photo, your
signature, and your date of birth. Your Primary Photo ID must have been issued
within the last three years and must be issued at a time when you were at least
18 years of age. Quality of Photo ID: In general,
the more photo ID's you send Elora, and the greater their quality, the greater
the odds are that Elora will promptly approve your materials. Age Certification: You hereby declare the following: I certify that I am at least 18
years of age, or the age of majority in my
legal jurisdiction (whichever is greater). My digital signature also certifies
that, should I provide Elora with false identification
(including name, image, and/or date of birth), I will not hold Elora liable for
the direct or indirect results of my fraudulent actions, and I will
indemnify Elora to the greatest extent permitted in law or equity, for any
actions or damages that result from my fraudulent behavior,as I understand that
this identification was accepted in good faith, and that this effort was made
to ensure that I am at least 18 years of age, or the age of
majority in my legal jurisdiction (whichever is greater).I also certify that
all decisions related to the content and nature of my videochat
sessions/Productions are made at my own discretion, and that these
videochat sessions/Productions do not violate the laws and regulations
applicable in (i) Chathost’s country of residence, (ii) Chathost’s
local community, and (iii) Switzerland. I am completely responsible for my own
actions. I hereby indemnify and hold harmless Elora from all
related liabilities. I hereby discharge all persons related to Elora of any
past, present or future liability.I hereby represent that I am at least 18
years of age or the age of majority in my legal jurisdiction (whichever is
greater). I further represent that I have fully read this form
prior to its execution and that I have not been induced or coerced to sign this
form by any statement made by Elora, its agents, employees,
consultants, or anyone acting on their behalf. My signature below is
certification that the identification documents are
accurate and valid. Consent To Release Age
Certification Information: You hereby declare the following: I hereby knowingly, willfully and
voluntarily consent to allow full and complete access by Elora, or its agents,
representatives or designees (collectively, "Elora"), to
all available records (the “Records”) that support my claim that I am at least
18 years of age or the age of majority in my legal
jurisdiction (whichever age is greater). The Records include, but are not
limited to, birth certificates, drivers licenses, passports, school records
and such other records that verify or tend to verify my true birth date, age,
or identity, as may be available from any person or governmental,
religious or private agency, organization or other entity. Further, I
hereby expressly authorize any person or governmental, religious or private
agency, organization, or other entity, to provide the Records to Elora and I hereby
release any such person or entity from any liability for acting in reliance on
this Consent.I understand that any information obtained by Elora from the
Records is used for Elora's internal purposes and that such information will
not be disclosed to any party, other
than Elora and its authorized representatives and agents acting on the
company’s behalf, unless Elora is compelled by law to do so by a
law-enforcement agency, other authorized governmental agency or court of law. Blocked Countries: To protect your privacy and identity, you may also elect to use Elora’s capability (where technically feasible) to “block countries”, through software that configures your Elora chathost account so that your chatroom cannot be visited by individuals in certain countries. By logging in below you agree to the above terms and conditions |
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