Terms and Conditions
please read these conditions carefully.
Last modified: April 16, 2018
1 This agreement contains important information and sets forth the entire agreement between You and Your Chathost ("Me"). It is very important that You read and fully understand this Agreement.
2 If You do not understand, or do not expressly agree with, all of the terms of this Agreement then You should not choose to purchase Video Services from Me.
3 By clicking on a link, or by checking/ticking a box, agreeing to this Agreement, and/or by commencing the purchase of Video Services, You are confirming that you agree to be bound by all of the terms and conditions set forth in this Agreement.
4 The Parties to this Agreement are the person paying to receive Video Services (the "Viewer", or "You", or "Your", as the context requires), and the person providing Video Services in return for payment (the "Chathost", or "Me", or "My", or "I", as the context requires). The company providing the technology framework enabling video chat to occur between You and Me is CC Network (Asia) Limited (the "Company").
5 The Company provides certain websites and systems for the purposes of allowing Chathosts to advertise their Video Services and for Viewers to purchase Video Services from Chathosts (the "Websites"). "Video Services" shall mean any video session services provided by the Chathost to the Viewer, whether live or pre-recorded.
6 You hereby acknowledge and represent that you know and understand that the content provided and viewable in the Video Services may include explicit visual, audio, and/or textual depictions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual, and transsexual activities of an explicit sexual nature; that You are familiar with materials of this kind; that You are not offended by such materials; and that by agreeing to these terms and conditions You are warranting that You are intentionally and knowingly seeking to access, view and purchase such explicit sexual materials to or from Me.
7 You represent, affirm and warrant that You are currently over the age of eighteen years (twenty-one (21) in places where eighteen years is not the age of majority) and legally competent to enter into this Agreement. You further acknowledge that I am over the age of eighteen (18) years.
8 There are no charges to You for access to the Websites, including browsing the Websites, uploading content to the Websites or for doing anything else on the Websites, outside of chargeable Video Services provided by the Chathosts.
9 Access to Video Services will be subject to charges at My discretion . These charges are prominently displayed prior to You entering a Video Session, giving You plenty of opportunity to decline this chargeable service from Me if You do not wish to incur any fees. By accepting the offer from Me to receive My Video Services at the price offered by Me, You are accepting that payment to Me for My Video Services at the price offered will be required.
10 The amounts charged by Me and payable by You are due and payable to Me for the Video Services provided directly by Me to You.
11 I have appointed the Company as agent for the collection of charges due from You to Me for the provision of Video Services by Me to You. Therefore the Company is responsible for the physical collection of the charges from You through the Websites and for the remittance of those charges to Me, all of which is done entirely on My behalf. The amount remitted subsequently to Me by the Company is net of the amount due by Me to the Company for the services provided by the Company to the Chathost, such as billing services, customer service, credit card processing and other debt collection and ancillary services.
12 The Company is not the provider of any of the chargeable services offered Me. I am an independent person broadcasting Video Services directly from My place of work. The Websites merely act as a venue, or platform, where You can review advertisements and contact information placed on the Websites by Me, and other Chathosts, and where You can make contact with Me and such other Chathosts. When You choose to engage Me for the provision of Video Services, You are dealing with and communicating directly with Me, and not with any agent or employee of the Websites, or the Company.
13 I am not controlled by the Company or the Websites, but instead I am operating at all times completely as an independent party, and as a business in My own right. I am entirely free to choose which platforms on which to advertise My Video Services, when to provide those Video Services, to whom, if anybody, to provide those Video Services, how much to charge for those Video services and all other elements of choice regarding how I operate My own business in providing My Video Services. Neither the Websites nor the Company can or does get involved in those matters, and they are all matters for discussion between You and Me in negotiating if and when You and I wish to contract for the provision of Video Services with each other. You and I may exit the Video Services at any time without any future or ongoing liability to the other in any respect whatsoever, except that You are obliged to pay for the Video Services that You have received up until the point at which You or I exit the Video Services.
14 Although neither the Company nor the Websites are the provider of chargeable Video Services, which are offered by Chathosts, the Company does provide Me with billing facilities. Accordingly, all amounts billed to You by the Company are strictly on My behalf for providing You with chargeable Video Services. If You have any queries regarding billing matters, You may email the Websites' Customer Services team using the details found on the "Contact Us" pages of Websites stating the nature of Your query.
15 15 If You feel that I did not perform the services that I agreed to perform for You during My chargeable Video Services, then You should raise it with me initially during the course of the Video Services and give Me the opportunity to immediately rectify the situation. If You are still not happy you can contact the Websites' Customer Services team using the details provided on the "Contact Us" pages. If Your complaint is held to be legitimate, I will direct the Company to credit Your account with the amount paid by You for the relevant Video Services. You agree that any damages you might incur as a result of any use of the Video Services shall be limited to the amount paid by You for such Video Services, and release Me from any damages exceeding this amount, regardless of the legal theory of liability. You further agree to hold the Company and the Websites harmless from any and all claims arising out of the Video Services provided by Me to You.
16 You hereby acknowledge that You understand that You are not permitted to receive or provide Video Services if You are located in any area where such material is illegal, or prohibited by statute, code or any other way.
17 You agree that you will not ask Me, or in any way encourage Me, to participate in any sexual activity with you or any other person in real life, in exchange for money. You further agree that you will not offer me any compensation through your Account for purposes of meeting you in person, or traveling to your location. Such actions are strictly prohibited by the Company.
18 You acknowledge that My Video Services will not include other individuals who are not Chathosts. You agree not to request the participation of such third parties during My Video Services.
19 You acknowledge that participating in Video Services with Me is entirely at Your own risk.
20 You acknowledge that You should exercise caution in selecting the personal information provided to Me during Video Services. I am not liable to You under this Agreement for the use of any Your information provided by You to Me during Video Services. However, this limitation on liability does not prevent My potential liability to You for My wrongful use of such information under any laws or other regulations in the jurisdictions that may be relevant to You and Me.
21 You acknowledge and agree that You shall remain solely responsible for the content of Your messages, video content and any other materials that You make available to Me through the Websites, whether through Video Services, email or any other aspects of the Websites.
22.1 By entering into Video Services You hereby acknowledge and affirm that You have read and understand this entire agreement and that You AGREE to all its terms, conditions and other provisions. You agree that You shall be deemed to have affirmed and agreed to all the provisions of this Agreement in its entirety by any means that may reasonably be interpreted as an act of affirmation, agreement, acceptance or acknowledgement of the foregoing, including, without limitation, use of the Websites, by clicking any hyperlink that indicates that You accept these Terms and Conditions, or by not opting out of such Agreement. You also agree that the aforesaid methods of affirmation, agreement, acceptance or acknowledgement shall be valid and binding with respect to any and all additional terms, conditions, limitations of liability or other agreement associated with any offer, program, promotion or sale of any goods or services on, in, at, through or in association with, the Websites. You agree that if I change anything in this Agreement, I will change the "last modified" date at the top of this Agreement so that it is immediately obvious that I have updated the Agreement. Any changes or modifications shall become effective immediately upon posting. You agree to periodically re-visit this web page, and to use the "refresh" button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed, and that you need to re-review it in order to determine how Your rights and responsibilities may have been affected by the revisions.
22.2 Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
22.3 Waiver - If You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for your failure to do so and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. I am not responsible for Your neglect of Your legal rights.
23 This Agreement shall be governed by and construed under the laws of the British Virgin Islands. You agree that all legal disputes arising out of this Agreement shall be resolved in the courts of applicable jurisdiction in the British Virgin Islands. However, in respect of actions by Me against You, I have the right to choose as the applicable jurisdiction either Your country of residence or My country of operation, at my absolute discretion.
24 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
25 Failure to strictly enforce any provision of this agreement shall not result in a waiver of enforcement of any other provision, at any time.