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| General Terms & Conditions |
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This Agreement sets forth the Terms & Conditions under which MPW-MODELS and his affiliated sites & partners will provide video streaming access to MODEL and/or the MODEL will record exclusive clips for MPW-MODELS
WHEREAS, MPW-MODELS is engaged in the business of providing an Internet platform on which MODEL can show erotic live video streams of themselves to visitors ( chats ) and displays recorded clips from the MODEL. This platform makes it possible that there is direct contact between the visitors and the MODEL in exchanging images, sound and text. The interaction between visitors and MODELs is only between adults and adults. The recorded clips will only be shown to adults. MPW-MODELS & his partners only provide the technical Internet platform on which this contact is made possible, the clips can be shown as well as it takes care of the payments to the MODEL.
WHEREAS, MODEL is at least 18 years old and is willing to show pictures and live or recorded video streams of themselves on this Internet Platform. The video streams provided can obtain erotic material.
NOW MPW-MODELS and MODEL agree as follows:
1. INTERNET PLATFORM
1.1 MPW-MODELS provides an internet platform on which MODEL and visitors can have erotic chats with each other. And the visitors can watch recorded erotic clips from the MODEL
1.2 Both MODEL and visitors must be 18 years or older.
1.3 MODEL will be broadcasted over several affiliated sites owned by MPW-MODELS and his partners. It will be made known to MODEL what sites these are.
1.4 MPW-MODELS will provide the technical platform to make this all possible 24 hours/day 7 days/week. However MPW-MODELS can never be hold responsible for disconnection problems for any reason between MODEL and visitor during a live chat-session or the display of the recorded clip.
1.5 MPW-MODELS will take care of all payments to MODEL.
1.6 MPW-MODELS will provide a server through which communication between MODEL and visitor will be made possible. MPW-MODELS has no influence on the quality of the connection between visitor and MODEL and cannot be held responsible for any damage that might be caused by telecommunication network failure or other technical issues offered by third parties.
1.7 MPW-MODELS will provide a server through which recorded clips will be displayed or where visitors can download these recorded clips. MPW-MODELS has no influence on the quality of the connection between visitor and the server and cannot be held responsible for any damage that might be caused by telecommunication network failure or other technical issues offered by third parties.
2. DATA TRAFFIC & STORAGE
2.1 MPW-MODELS will store/send and delete lots of data through its servers that is needed for the payments of MODEL and for reasons to make communication between MODEL and visitors possible.
2.2 Data that will be stored are IP-Addresses, the exact time and dates that MODEL is broadcasting etc. MPW-MODELS can at all time use this data for any purpose.
2.3 MPW-MODELS will not control every data that is transferred between MODEL and visitors. Therefore MPW-MODELS can never be hold responsible for any communication that violates the law of the country from which MODEL is broadcasting. If MPW-MODELS will find out that MODEL is doing things that violate the conditions of this agreement they will immediately take MODEL offline.
3. APPOINTMENT & ACCEPTANCE
3.1 MPW-MODELS only accepts MODELS that are 18 years or older. MPW-MODELS will check the age according a copy of a valid ID that must be send to MPW-MODELS before MODEL will be broadcasted on the internet platform.
3.2 MODEL must give MPW-MODELS true information about the identity of MODEL. If any false information is given MPW-MODELS can immediately stop any agreement with MODEL. In case damage will occur to MPW-MODELS, MODEL will be hold 100% responsible for this damage and will pay all fines.
3.3 MPW-MODELS can refuse a MODEL at anytime from broadcasting through its network without giving any reason.
3.4 MPW-MODELS can take the recorded clips from the site at anytime without giving any reason.
4. MODELS RESPONSIBILITIES
4.1 MODEL and/or MODEL representative shall be solely and exclusively responsible for all of the content of his or her performances. MODEL acknowledge and agree that MPW-MODELS may, in its sole discretion, delete and/or modify any aspect of the performances and recorded clips, including without limitation, content, messages, photos or profiles, that, in MPW-MODELS sole discretion, violate the terms of our agreements with you or your representative, that violate MPW-MODELS policies, that may be offensive and/or illegal, or that may harm or threaten the safety and welfare of MPW-MODELS and/or his users. MPW-MODELS is not, however, obligated to take any action and is not responsible for the content of, or for any failure or delay in deleting and/or modifying the performances or the recorded clips.
4.2 MODEL ensures MPW-MODELS that the content in his or her performances and recorded clips complies with the laws and regulations applicable in MODEL country of origin.
4.3 Alll visible participants in your performances and recorded clips shall be consenting adults who are at least 18 years of age or of legal majority age in MODEL jurisdiction ( some States in the USA 21 years of age ).
4.4 MODEL must be seen on the Webcam during broadcasting. If you leave for a few minutes you have to logout and end your live chat session.
4.5 MODEL is solely responsible to pay taxes in her or his country. There is no Employer-Employee relationship.
4.6 MODEL is totally free to determine what will be shown to the visitors. There is no interference from MPW-MODELS in any way on the contents that will be communicated from MODEL to visitors. However MODEL is not allowed to:
4.6.1 Broadcast illegal pornographic material like sex with minors or animals.
4.6.2 To bring damage in any kind of way to minors ( under 18 years old ).
4.6.3 To give information provided by MPW-MODELS to other third parties
4.7 MODEL is not allowed to distribute, reproduce, display, publish, modify, adapt, transmit, market, import, export, promote and/or create derivative works from the recorded clips which are sold to MPW-MODELS.
4.8 The MODELS performance of sexual activities is completely voluntary and MODEL will not be under the influence of any intoxicating substance, including but not limited alcohol and drugs and MODEL understand that these are not allowed. MODEL does not suffer from any mental or nervous condition that would affect my ability to knowingly and voluntarily enter into this agreement.
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5. INTELLECTUAL PROPERTY RIGHTS
5.1 MODEL hereby warrants and agrees that MPW-MODELS possesses all intellectual property rights, interests, and licenses necessary to engage in this agreement. You may not post, distribute, or reproduce in the performances or recorded clip, 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.
5.2 MODEL transfers to MPW-MODELS full license to use any and all copyrights, trademarks, service marks, trade secrets, and all other proprietary rights in and to the performances and the recorded clips, or any portion thereof, via an unlimited, perpetual, worldwide, royalty-free, irrevocable, sub-licensable, transferable, exclusive license to MPW-MODELS. With the rights granted herein, MPW-MODELS may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the performances in any medium or technology whatsoever, now known or to be developed in the future. You further agree that MPW-MODELS shall be the sole owner and holder of all copyrights and all other property rights in and to any and all derivative works created from the performances and the recorded clips.
5.3 For the sole purpose of legitimately promoting MPW-MODELS, MPW-MODELS hereby grants MODEL a non-exclusive, non-transferable, royalty-free, worldwide sublicense to use your designated MPW-MODELS screen name the performances and the recorded clips. Outside of the limited sublicense rights expressly granted above, your designated MPW-MODELS screen name and/or the performances and recorded clips shall not be used by you for any commercial purpose, without the prior written consent of MPW-MODELS. At all times, you agree not to use the performances, the recorded clips and/or your designated screen name for any unlawful purposes.
5.4 MODEL may not use any facilities of MPW-MODELS to promote or solicit any URL or internet service, other than MPW-MODELS or its affiliated sites, that provides services or features that are competitive to MPW-MODELS. MODEL shall not contact or communicate with any MPW-MODELS user for the purpose of circumventing the MPW-MODELS Interactive Computer Service, including but not limited to, the solicitation or encouragement of the user to leave MPW-MODELS and/or to purchase, consume or subscribe to MODEL's and/or MODEL Representative's content through computer services which are competitive to MPW-MODELS (user theft).
6. INDEMNITY & LIABILITY
6.1 MODEL shall indemnify and hold harmless MPW-MODELS, its directors, employees, and stockholders against any and all expenses and losses (including reasonable attorneys fees and costs) directly or indirectly incurred by MPW-MODELS 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 MODEL performances and/or MODEL recorded clips or the subject matter governed by this agreement.
6.2 In no event can MPW-MODELS be liable to MODEL or any other person that appears in MODEL's performances and/or MODEL's recorded clips for loss of profits, business or data resulting from the agreements made in this agreement.
6.3 MPW-MODELS can never be hold responsible for loss of income caused by third parties, like bankruptcy of Telecom providers or others. At all time MPW-MODELS will take no responsibility for any damage caused by these third parties.
7. PAYMENTS & PAYMENT TERMS
7.1 MPW-MODELS will take care of the payments to MODEL through wire transfers to MODEL bank account or by weekly payments to Epassporte account.
7.2 Payments will take place once every month in the first week following the month in which MODEL has made earnings. For example all earnings made in March will be paid in the first week in April by check. In case you have chosen to be paid by Epassporte or bank wire payments then we will pay you every week. All earnings made in 1 week will be paid out the week after the first week.
7.3 If MODEL qualifies for double payouts for the first Month that MODEL works, these additional payouts will be paid out 6 months later if:
- MODEL has spend at least 50% of his/her time during the 6 months following his/her first month of the time spend in MODEL first month. For example if MODEL has been 5000 minutes online in November 2007 he/she should be online in the next 6 months for at least 15,000 minutes in total to receive the double payouts for the month of November.
7.4 Payments shall be made either in Euro or in USD currency.
7.5 Minimum payouts that will be wired are Euro/USD 100.00
7.6 MODEL can at all time see what his or her earnings are when logged in on his/her account.
8. MODIFICATION/TERMINATION
8.1 This agreement is made for an indefinite period of time.
8.2 This agreement may be terminated at any time and with immediate effect, by notice in writing at the option of either party hereto, and without such terminating party incurring any liability whatsoever there for.
8.3 After the termination, MPW-MODELS will honour the earnings of MODEL which have become effective prior to the termination of this agreement and transfer these earnings to MODEL bank account, unless MODEL has broken agreements of this agreement.
9. ARBITRATION
9.1 Any dispute between the parties hereto as to the interpretation or execution of this agreement shall be resolved through negotiations between the parties upon the basis of mutual trust. Any and all disputes arising with the present agreement and not resolved amicably, as envisaged in the preceding sentence, shall be finally settled in court in the jurisdiction of Amsterdam The Netherlands. The language of the Arbitration shall be English and the Arbitration shall take place in The Netherlands.
9.2 This agreement shall be governed by and construed in accordance with the laws of The Netherlands.
9.3 In case of any conflict between the English text and any translated version of this agreement, the English version shall govern.
10. WAIVER, AMENDMENT
10.1 Any waiver, amendment or modification of any right, power or remedy hereunder will not be effective unless made in writing and signed by the both parties hereto.
11. ENTIRE AGREEMENT
11.1 This agreement constitutes the entire and final agreement between the parties hereto.
11.2 It is understood between the parties hereto that any subject not covered by this agreement shall be regulated by additional written agreements, which shall be in full accordance with the spirit and contents of this agreement.
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