Terms and Conditions of Use
Last modified date: August 19, 2019
Eligibility for Access to the Site
- You must be 18 years of age or older to access and use this Site. If the age of majority in your location is greater than 18, you must be at least that age to access the material available on this Site or to receive online services from the Site.
- Use of the Site’s services is void where prohibited by law.
- By using the services, you are making the following Statement:
- "UNDER PENALTY OF PERJURY I swear/affirm that as of this moment:
- I am an adult, at least 18 years of age (or older in any other location in which 18 is not the minimum age of majority);
- I am familiar with the laws in my area affecting my legal right to access erotica or adult-oriented material, and I have the legal right to access such material and the Site has the legal right to transmit such material to me in my location;
- I promise that I will not permit any person(s) under 18 years of age (or older in any other location in which 18 is not the minimum age of majority) to have access to any of the materials (including any products or features) contained within these communication services;
- I understand that when I gain access to these communication services, I will be exposed to visual images, verbal descriptions audio sounds and other features and/or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity and I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials and/or order and enjoy the use of such products or features, which are available for my own personal enjoyment, information and/or education;
- My choice is a manifestation of my interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community;
- I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards;
- In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive;
- It is my desire to share and/or to invite others to share my own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what I am exposed to by utilizing the online services provided by the Site, while inviting others to do the same; and
- I further represent and warrant that I have not notified any governmental agency, including the U.S. Postal Service, that I do not wish to receive sexually oriented material."
- Under no circumstances is this Site to be utilized for any illegal activity. The Site may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would or could be deemed a violation of any law.
- The Site is a free website and if you are age-qualified, you may view live cams and videos without creating an account.
- If you want to become a Broadcaster and post content through The Site, you must first join the community of content contributors at The Site and agree to provide true and correct personal information.
- If the information you provide is not true and correct, you face the immediate termination of your account and you may be subject to legal sanctions.
- You will be asked to provide a valid email address for verification purposes and quality assurance, and you agree that The Site may send you emails, both of a transactional nature and also for commercial and promotional purposes.
- You will be provided with an auto-generated password, -which you can change later, and you will choose your own screen name unique to you, not offensive to others, and not in violation of another’s copyright or trademark. You agree that The Site is the owner of all screen names you enter and provide to it.
- To the extent you voluntarily create a user profile to participate in certain select services offered by The Site, your profile (and its contents) may be searchable by other users registered through The Site and others partnered or networked with The Site. Likewise, your profile (and its contents) may be searchable by publicly available search engines.
Descriptions of Services
- You understand and agree that the content displayed on The Site is primarily posted by third parties and The Site does not pre-screen or preemptively monitor such content.
- You understand that The Site is not liable or responsible for content posted by third parties, and you agree to hold The Site harmless for any and all content you encounter via the Site and you covenant not to sue The Site in connection with any claim regarding content you encounter while on the Site.
- The The Site online services may also feature links to websites which are not owned, controlled, censored or edited by Surecom Corporation, and which may contain information or material that some people may find inappropriate or offensive. Surecom Corporation nor The Site cannot and do not assume any liability or responsibility whatsoever for the content, decency, accuracy, copyright compliance, legality, privacy policies or practices or any other aspect of the content of such websites, and the inclusion of such a link does not imply endorsement of the website by The Site or any association with its operators.
- You acknowledge that you will not claim The Site is liable for any liability arising out of your viewing or sharing of information posted by other users, or your use of any third party website.
- The Site claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for content posted by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity.
- As a User of the Site you may join the community of content contributors as a Broadcaster and submit live Audio and Video content and photographs ("User Videos") and textual content ("Chat"). User Video and Chat is collectively referred to as "User-Generated Content." You understand the Site does not guarantee any confidentiality with respect to any User-Generated Content, and that any User-Generated Content is specifically intended to be viewed by any age-qualified person viewing the Site.
- You shall be solely responsible for your own User-Generated Content and the consequences of posting or publishing content. In connection with User-Generated Content, you affirm, represent, and/or warrant that:
- You will keep all documents required by Title 18 United States Code §2257 and §2257A, and 28 C.F.R. Part 75 as required by law, and
- You have and will maintain all §2257 et. seq. identification relating to any and all individuals who appear on your cam while broadcasting over the Site platform and will provide same to the Site upon request, and
- You agree that if you do not have sufficient identification on any individual(s) broadcasting on your cam, you will be and will remain ineligible to cash out any tokens or tips received by you in association with your account.
- You acknowledge that the Site is acting as a mere conduit of User-Generated Content and that the Site is not undertaking any obligation or liability relating to any content or activity on the Site. As such, the Site acts merely as a host provider lacking any editorial role and is merely a forum for the expression of ideas, thoughts, and information. The Site is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained herein.
- The Site is not responsible for any User-Generated Content that violates a community's norms or mores. The Site expects and demands that you comply with all federal, state, provincial and local laws when using the Site and when submitting or posting Content to the Site. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. The Site cannot enforce every jurisdiction’s laws for all Content that is posted to this site. As such, the Site is not responsible for the User-Generated Content of the Site.
- The Site and its administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by the Site is not to be construed as endorsement of any remaining content, and you expressly agree that you will never assert that the Site edits or amends any content for the purpose of establishing that the Site is a producer or author of any User-Generated Content viewed via the Site services.
- You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Site or User-Generated Content transmitted to the Site. You are responsible for all your Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.
- A partial list of content that is illegal or prohibited includes content that:
- Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking Broadcaster (i.e., someone who looks younger than 18, regardless of their actual age) or by a Broadcaster who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, setting or props;
- Depicts animated or cartoon underage or child sex;
- Exploits or solicits personal information from anyone under 18;
- Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;
- Depicts “scat”, human feces, human defecation, vomit, or the consumption of matter intended to look like feces or vomitus;
- Provides content involving the impersonation of another, the threat of suicide or harm to oneself or others, bestiality (sex, actual or pretend, with animals) or necrophilia (sex, actual or pretend, with a corpse);
- Harasses, bullies or invades the privacy of another person;
- Is patently offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm against any individual or group;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Depicts the illegal use of a gun, or drugs, or rape, real or simulated. If you cannot do it without committing a crime, do not pretend to do it.
- Depicts violence, or incest, racial slurs or hate speech, (either aurally or via the written word);
- Shows any person on cam who appears to be unconscious, under the influence of drugs or alcohol, or who appears to be unaware of the presence of a spy cam;
- Promotes an illegal or unauthorized copy of another’s copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Involves transmission of “junk” mail, “chain letters” or unsolicited commercial email or "spam";
- Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq. or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct, real or simulated;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Involves sending advertisements in chat or instant messaging messages;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Includes any file or data stream that contains viruses, worms, "Trojan horses" or any other destructive features.
- Promotes or solicits business for another site;
- You agree that the Site may review complaints about User-Generated Content and take action upon such complaints at its sole discretion.
- You agree that you may be asked to participate in the recording and preservation of your broadcast for the purpose of allowing the Site to create and distribute a “best of the Site” or other such designated selection of consenting Broadcaster’s User-Generated Content. It will be your choice whether or not to participate. If you “opt-in” and allow the Site.com to record any one of your broadcasts, you will be advised of said recording and you will be responsible, as the “producer” of the content, for providing current records required by 18 U.S.C. 2257, et. seq. and you will remain in control of this User-Generated Content in the area provided to you by the Site.com. In regard to this “best of” or otherwise designated select recording of your broadcasts, the Site.com is not involved in the production of the material (User-Generated Content) included in this additional service, and is involved merely in the distribution of links to this material, and is consequently exempt from 2257 record keeping requirements based on limitations described in 28 C.F.R. 75.1©(4)(ii).
The Site Registration
- You must create your own account in order to join the community of content contributors or access some features or offered services, and it is imperative that you do not let anyone else use your account (you must keep your password secret and secure) and you may never use anyone else’s account, just as no one can ever use yours. When setting up your account you must provide accurate and complete information. You acknowledge that you are solely responsible for the activity that occurs on your account, and you must immediately notify the Site if you believe there has been the slightest breach of security or unauthorized use of your account.
- You will be liable for any losses incurred by the Site due to the unauthorized use of your account. The Site is not liable for your losses caused by any unauthorized use of your account and you specifically waive any such claim and agree to defend and indemnify the Site against any such claims made against it by third parties.
General Use of the Site—Permissions and Restrictions
- You agree not to distribute in any way, shape, manner or form any part of the Site, including but not limited to User-Generated Content (defined below), without the Site's prior written authorization.
- You agree not to alter or modify any part of the Site or access the Site content through any technology or means other than through explicitly authorized means that the Site allows. You cannot use any robot, spider, other automatic device, or manual process or software to monitor or copy our web pages or content or to bypass or interfere with the proper working of the Site online services.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- You agree not to use the Site, without the Site’s prior written authorization, for any commercial use. Prohibited commercial uses include any of the following actions taken without the Site's express approval:
- sale of access to the Site or its related services on another website;
- use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the The Site or any third-party website; or
- any use of the Site or its related services that the Site finds, in its sole discretion, to use the Site's resources with the effect of competing with or subverting market share for the Site, or the content on the Site.
- Surecom reserves the right to discontinue any aspect of the Site at any time.
Your Use of Content on the Site
- The Content accessed via the Site is owned by or licensed to Surecom Corporation NV, subject to copyright and other intellectual property rights under the law. Material contained on the Site must be presumed to be proprietary and copyrighted. Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Visitors have no rights whatsoever in the Site content. Use of Site content for any reason is unlawful unless it is done with express contract or permission of the Site.
- You may access the Site Content, User-Generated Content and other content only as permitted under this Agreement.
- You are strictly prohibited from sharing other users’ or broadcasters’ personally identifying information, personal contact information or geographic location.
- You agree to use only your own account to login to this Site, establish a secure password, and to not make your login credentials available to anyone else.
- You ARE ABSOLUTELY PROHIBITED from soliciting broadcasters or other users of the site for any unlawful purpose or act, OR for any sexual act, even if prostitution is legal in that jurisdiction. Any such solicitation is grounds for immediate account termination. THE SITE WILL NOT FACILITATE PROSTITUTION.
- You agree that you are responsible and liable for any actions on your account even if they are performed by a third party.
- If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out of the Site by clicking the Logout button, and not to allow the browser to save or otherwise store your personal username and password.
- If you access the Site and find it is already logged in under another account, you must immediately log out of the Site by clicking the Logout button.
- You may access User-Generated Content for your information and personal use solely as intended through the provided functionality of the Site. You shall not copy or download any User-Generated Content by any means or for any purpose.
- You agree to not engage in the use, copying, or distribution of any of the Content, including any use, copying, or distribution of User-Generated Content of third parties obtained through the Site for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site.
- Unless expressly authorized by the Site, no one may hyperlink this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their website for any reason. Further, you are not allowed to reference the url (website address) of this Site in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the Site. You specifically agree to cooperate with the Site to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
Viewer Tokens and Broadcaster Tipping
- Registered Users can purchase Tokens in various pre-determined quantities, for pre-determined amounts, at the sole discretion of the Site. Tokens may be used to purchase gifts, buy memberships and tip Broadcasters.
- Tokens are not money, they have NO redemption value and are for entertainment purposes only. The Site does not segregate Tokens or hold them in trust for you, and all Tokens may be commingled, which is to say we are not holding Tokens in trust or segregating them by individual User accounts. Your Token balance is updated in your account and may be viewed at any time by logging into the Site.
- Unused Tokens are not eligible for any refunds except as expressly set forth herein.
- Tokens you purchase are spent from your account in the order received, so the Tokens you bought first are spent first.
- Any Tokens not used within 6 months of purchase will expire and be cancelled from your account.
- If you do not log into the Site for 6 or more months, your Tokens will expire and your account may be closed.
- The Site may modify the number of Tokens held in your account for any reason(s), including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, account inactivity, credit card association or bank penalties or fines, or mere technical errors.
- If Company terminates your membership because you have breached this Agreement you will not be entitled to any refund of any unused subscription fees or tokens and you thereby agree to waive any claim to such a refund.
Tipping is 100% optional. You are not required to tip Broadcasters.
- Please remember that tips do not change the rules for what Broadcasters are allowed to do on the Site. Tips are gifts and not bribes so please do not send tips and then demand something in return, that's not fair to the Broadcasters.
- Please review the partial list of content that is illegal or prohibited (5. User-Generated Content), as it is forbidden to ask a Broadcaster to engage in any of these activities. If you do so, your account is subject to immediate termination which will result in the forfeiture of your tokens.
- As in real life tipping of a gratuity, once Tokens are tipped to a Broadcaster, it is a gift and the tipped Tokens cannot be retrieved or returned.
- EXPIRED OR CANCELLED TOKENS. If your account is terminated by you voluntarily or by the Site as a result of inactivity or for any other reason, or if your Tokens are otherwise expired or cancelled by the Site, and you had a positive Token balance, the Tokens will be forfeited. There are no refunds of purchased Tokens.
- Tokens have NO value in and of themselves, they are and remain the property of the Site and they can be redeemed only at the Site’s discretion and only AFTER the Broadcaster requests redemption and provides the Site with all necessary information, at the Site’s sole discretion.
- A Performer’s Account Management Tool may, at the Site’s discretion, present a visual representation of the then current potential redemption value of Tokens tipped to you. The Site is not holding these amounts in trust for you, is not segregating these amounts and in fact does comingle Token values and will redeem Tokens only at its sole discretion.
- If you are a Broadcaster who has received tips, you agree that you have received no consideration and that no value has been transferred to you until you have requested that your tipped Tokens be redeemed, you have provided all the information asked of you by the Site and the Site has agreed to redeem your tipped Tokens.
- If you are a Broadcaster, registering to cash out your tipped tokens is easy. The identification must be in color, with all information visible and readable. An identification is required for each person on cam, no exceptions, or the account will not be approved to cash out.
- You will then need to fill out a performer release form for each person on cam. Make sure you download a copy of the performer release form for your own records.
- The Site will send to its payment service providers your government-issued photo identification, or passport, or national ID card, in order to remain compliant with PSD 2 (Payment Services Directive or Directive (EU) 2015/2366) - and Dutch Wwft (Prevention) Act (Money Laundering and Terrorist Financing (Prevention) Act (Wwft).
- Approval of your documents normally takes 24/48 hours. If you have any questions, please contact firstname.lastname@example.org
- In addition to any illegal and prohibited content listed above, there can be no minors, children, babies or unauthorized persons (persons for whom we do not have proper name and ID on file) on camera or in the same room.
- Bestiality, or animals/pets on camera in a sexual or provocative context, illegal drugs (or drugs that may be perceived as illegal in other locations, e.g. medicinal marijuana), is strictly prohibited.
- Incest (sexual relations involving family members) is not allowed.
- “Scat”, human feces, human defecation, vomit, or the consumption of matter intended to look like feces or vomitus is not allowed.
- Illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself in any way is prohibited.
- A Broadcaster may not discuss or arrange prostitution or escort services.
- Any action that may be deemed obscene in your community is prohibited.
- Broadcasters shall not stream their performance on any other site, under any circumstances.
- Broadcasters are allowed to freely interact with other Broadcasters on the site, or they may choose to block other Broadcasters from communicating with them, and it is completely up to the Broadcaster to choose who they talk to on the site and they may ignore anyone and may ban anyone from communicating with them.
- Broadcasters may exchange information with members of the Site, including contact information, but Broadcasters MAY NOT use members’ information to provide webcam shows or receive payments outside of the website. If a Broadcaster sells something to a member, e.g., underwear, or performs any other miscellaneous transaction, the sale must be arranged to be exchanged for Tokens.
- Broadcasters are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but Broadcasters MAY mention their own profiles, homepages and wish-lists.
- Broadcasters are not allowed to ask for members' account information or to log in using accounts that do not belong to them.
- Broadcasters trying to deceive members by playing recorded video instead of actually performing live on webcam will be immediately banned, and any tipped Tokens will be forfeited.
- Any attempt at fraud will result in a permanent ban, without payment. (e.g. working together with a customer or "hacker" to accept private shows paid for with stolen credit cards, or tipping for the purpose of subverting the non-refundability preclusion). The Site will not tolerate the use of Tokens to perpetuate a fraud upon the Site, its Users or Broadcasters, and will vigorously prosecute in the criminal courts any such attempts.
- Broadcasters are required to report all such suspicious activity, or the broadcaster may be considered complicit, and subject to termination, Token and Tip forfeiture, damages and criminal prosecution.
Transactions and Fees
- All sales and transactions are final.
- The Site does not guarantee the availability of a refund, whether in Site account credits, Tokens, or money, for any reason. The Site may provide refunds at its own sole discretion; however, it is under no obligation to do so.
- Any purchase you make at this Site must be paid for using a payment method of which you are the owner or authorized signer.
- The fees for using this website are set forth and provided to you in other places throughout the Site. The Site may change the fees, or introduce new fees at any time.
- You are liable and responsible for all purchases made on your account with the Site, regardless of whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase.
- Any communication regarding a refund or transaction reversal must be made to the Site support, at https://pinklabel.com/en/contact
Account Termination Policy
- The Site will terminate your access to its Site if you violate these Terms and Conditions.
- The Site reserves the right to decide whether Content, chat or any User-Generated Content complies with these Terms and it will be the Site Administrator’s decision whether to remove content or terminate an account, in his or her irrefutable and sole discretion.
- The Site may look for violations in addition to copyright infringement, such as, but not limited to, obscenity, violence, racism, bullying or harassment, or defamation and may remove such User-Generated Content and/or terminate a User's account and access for uploading such material or behaving in violation of these Terms at any time, without prior notice and at its sole and irrefutable discretion.
- The Site may terminate your account if you do not log into the Site for 12 consecutive months.
- In the event of Account termination, any positive Token balance will be forfeited.
CAN-SPAM ACT 15 USC §7703 et. seq.; Newsletters, Correspondence, and Opt-out Policy
- The Site may send e-mails or other notices regarding new services, promotions, or other information that may be of general interest. These communications may include transactional information, but they may also be of a commercial nature. We will ask your consent to send you commercial communications, and users who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their account. We will comply with all requests for removal. Please be advised that we may need to send you information directly related to your account, and usually at your request. For example – request to set a new password. In order to ensure you receive these important communications related to your account, please add the Site.com to your safe senders list. Our email policies and practices are certified by Return Path.
No Guarantee of Access and Benefits
- The Site does not guarantee that you will be able to access or use any or all parts of this Site, and you agree that the Site shall have no liability to you whatsoever for any such inaccessibility.
- Specifically, the availability of any archived content, chat, shows or recordings are not guaranteed in any way. Archives, along with any other feature or benefit of this Site, may become permanently inaccessible for any reason and you agree that the Site shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal due to such inaccessibility.
Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site's designated Copyright Agent to receive notifications of claimed infringement is: Paul T. Eidsness, Eidsness Law Offices, PLC, 1217 Cape Coral Parkway East, Ste 346, Cape Coral, FL 33904-9604 with copy to Paul@Eidsnesslaw.com. You acknowledge that if you fail to comply with all these requirements, your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, the Site may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Site's sole discretion.
- It is the policy of the Site to terminate the account of repeat copyright infringers. To that end, anytime a user is found to have multiple notifications of claimed infringements. The Site management will notify the user and provide a meaningful opportunity to counter-notice.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, the Site, its parent corporation, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. The Site makes no warranties or representations about the accuracy or completeness of the Site's content or the content of any sites linked to this Site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and The Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
By agreeing to use the Internet services offered by the Site, you agree that the Site, its parent corporation, its officers, directors, employees, and agents are immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act, as to any content and nothing in these Terms and Conditions are intended to waive or diminish such immunity. You understand and expressly agree that the Site reserves the right to monitor some, all, or no areas of the Site for adherence to these Terms and Conditions or other rules that may be published from time to time and may delete any content, User-Generated Content or profiles that in its sole judgment violates these Terms. In no event shall the Site, its parent company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The Site’s liability in any case shall not exceed the sum of $500.00USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that The Site, its parent corporation, its officers, directors, employees, or agents shall not be liable for User-Generated Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Surecom retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate, the site, https://chickstream.com/ (or any part thereof) with or without notifying you. If Surecom discontinues the site, Surecom will not be liable to you or any third party for such discontinuance, modification or termination.
Section 2257 Exemption Statement
- Content Produced by Third Parties: The operators of the Site are not the "producers" of any depictions of any actual or simulated sexually explicit conduct. To the extent that any such content appears on this Site, the operators' involvement with respect thereto is limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted by third party users, on areas of the Site under the users' control. As such, The Site is exempt from the record keeping requirements of 18 U.S.C. 2257.
- Those individuals broadcasting over the Site’s platform are the third party “producers” of actual or simulated sexually explicit conduct and are responsible for maintaining the age verification documentation required by Title 18 U.S.C. 2257 and 2257(A). A 2257 Form can be found here.
- Pursuant to Title 18 U.S.C. 2257(h)(2)(B)(v) and 47 U.S.C. 230(c), the operators of this Site reserve the right to delete content posted by users which operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service. Questions or comments regarding this Exemption Statement should be addressed to our staff. https://pinklabel.com/en/contact
Jurisdiction and Choice of Law Agreement
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Country of Ireland, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall lie only in the courts of Dublin, Ireland, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction.
You agree that: These Terms and Conditions, together with the Privacy Notice at https://pinklabel.com/en/privacy and any other legal notices published by the Site, shall constitute the entire agreement between you and the Site concerning the Site online services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Site's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND SURECOM CORPORATION NV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THE SITE ONLINE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Term and Cancellation Policy
- This Agreement shall have an initial term of one (1) year and shall be extended for additional one (1) year term(s) (the "Renewal Term") anytime that you enter the Site. Unless terminated, this Agreement shall be automatically extended for additional one (1) Year term(s) upon expiration of the previous term.
- The Site reserves the right to terminate this Agreement for cause at any time. This Agreement may be terminated by an e-mail from you to the Site, or by an e-mail from the Site to you, or by the deactivation of your account or username at the Site.
- All rights granted by you to the Site during the term of this Agreement shall survive the termination of this Agreement by either party. You acknowledge that the Site shall not be liable to you or any third party for any termination of your access to this Site.
- The Site reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if the Site believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
- Even after this Agreement is terminated, its provisions will remain in effect.
- Upon termination you will not be entitled to any refund of any unused subscription fees, Tokens or Tips.
- You can cancel your account, at anytime, for any reason, directly with our billing companies, or by contacting Customer Support at: https://pinklabel.com/en/contact.
Uploading Videos for Sale on the Site
- The Site has developed a means to allow you to sell videos of yourself online! This ability is found on the Site under the offering called, “My Shop”. Of course, there are rules you must agree to in order to do this. Here are the Rules. Please read them carefully as you will be asked to acknowledge you understand them, prior to submitting your video.
- ONLY broadcasters who have provided the Site with their personal information and have agreed to maintain all the information required by the law of any jurisdiction in which they sell their videos, for example the so-called “2257” record keeping requirements of United States law codified at 18 U.S.C. 2257, et. seq., are allowed to use the Site platform for their video sales. Please note that it is imperative that the video you submit to the Site was created AFTER you provided the Site with your 2257 information.
- Your videos and your effort to sell them online at the Site MUST comply with all the rules and regulations found on the Site. For example, YOU are responsible for the content of your videos. YOU affirm and represent and warrant that YOU own or have the right, license and consent or permission to use all trademarks and copyrights, that YOU are not violating anyone’s right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all Content found on your video.
- The Site has the right, but not the obligation, to pre-screen any video you desire to sell on the Site. Likewise, the Site reserves the absolute right to remove any video you upload for sale on the Site, for any or no reason at all.
- Please refer specifically to the “User-Generated Content” section of The Site’s Terms and Conditions for a list of images or activities that CANNOT be part of your videos sold on the the Site platform.
- ONLY tokens can be used for purchase of your videos, and you may sell your videos ONLY on the Site.com.
- If you are a PURCHASER of a video that has been uploaded by a the Site member, or you have otherwise accessed a video sold on the Site platform, please understand that by viewing the video you are acknowledging and agreeing that the Site is NOT the source of the video and that the user who posted the video is solely responsible for any claims or liabilities arising from or in any way related to the video. Further, you agree that the Site has no responsibility to pre-view or screen any of the video and you agree to release the Site, its affiliates, successors and assigns, its officers, shareholders, directors, employees, and counselors from any and all claims and liabilities associated with, arising from or in any other way related to the video.
The Site is dedicated to customer satisfaction; whenever possible we want to solve any problem or questions you have with any of our services. If at all possible we'd like to help resolve any problem you have. Please email us for assistance! https://pinklabel.com/en/contact
Copyright and License
This "Terms and Conditions" is copyrighted by Surecom Corporation NV and is fully licensed for use by this Site. If you wish to lawfully use this Terms and Conditions on your website, contact email@example.com for licensing information.