Prosexcam.com offers a videochat service for users, that allow them to watch in real time models in webcam. The use of Prosexcam.com services are subject to the Terms of Service. Users should read that document before making use of any services provided by Prosexcam.com. Accessing the site constitutes express acceptance of the Terms of Service.
Terms of Service
1 - Preamble.
1.1. Within these Terms of Service the term "User/s" means both site visitors and models, the term "Model/s" means the models in webcam or the studios that manage the account of two or more models.
1.2. The service of videochat via the site www.prosexcam.com (the "Service") is governed by these Terms of Service (the "Terms of Service"), which are accepted by the User when the Service is used.
1.3. Networking S.n.c. (the "Proprietor") is the sole and legitimate proprietor of the Service, its associated software and all inherent rights (to know more info about the Proprietor send an email to privacy@prosexcam.com).
1.4. The Proprietor may modify and/or update the Terms of Service at any time, advising the User via an on-site notice. The renewal of the Service by the User constitutes an acceptance by same of the Terms of Service inclusive of the modifications or updates concerned.
1.5. The User takes complete responsibility for his use of the Service. The Proprietor makes no guarantee as to the correctness or trustworthiness of the information contained in the Service. The User, moreover, takes full responsibility for any loss or damage to his IT system following use of the Service.
1.6. The current offer of services is not intended for countries in which such services are or could be illegal. Access to this material from countries where the contents are illegal is expressly prohibited.
1.7. Those who choose to access this site and use the services provided do so of their own accord and shall be solely responsible for respecting applicable local legislation.
1.8. The user declares that s/he has attained the age of majority.
1.9. The User is advised that he may interrupt his viewing of this site at any time by closing his browser window.
1.10. The User declares that he will prohibit access to this site, viewing of the material and use of the Service to any non-adult person (adult intended expressly as someone having attained the age of majority).
1.11. Bookmarking any page of this site or using the Service without having read the Terms of Service shall constitute an implicit acceptance of these.
1.12. The proprietor has no relationship with Users and they have complete responsibility for the use of webcam, the legitimacy of any images and their contents, as well as any declarations and attestations made in the text; therefore no responsibility can be attached to the Service Proprietor, in relation to any eventual consequences or damage to property and/or persons arising from the use of Service. Contacts made after the videochat sessions are wholly outside the scope of management activity, which is concerned only with the page contents, web maintenance and publication on site.
1.13. The Service does not carry out any intermediary activities. The Service is a virtual space which offers its Users the opportunity to enter in videochat with Models.
1.14. Since it is virtually impossible to ascertain the identity of an Internet User, the Proprietor cannot and does not guarantee the identities provided by Users.
2 - Object of the contract.
2.1. The Proprietor offers only a service of videochat for Users and Models.
2.2. The videochat service is aimed both at members of the female sex (women) than the male sex (men).
2.3. Use of the Service is strictly personal and is to be exercised according to the terms and conditions laid down in the Terms of Service and according to the law.
2.4. The User has the right to use only those elements of the Service expressly authorised by the Service itself and may not under any circumstances distribute or reproduce any part of the Service or make use of it in a way different to that authorised by the Service.
3 - User account.
3.1. To make a new account and use all the site services the User must:
a) use the site’s free registration facility choosing a login, a password and giving their e-mail address and (only for Models) personal data.
b) validate this registration by clicking the link given in the confirmation of registration e-mail sent (to the e-mail address provided) immediately after registration.
c) enter in the reserved area with login and password.
d) for the Models choose if add in the profile one or more personal photo in jpg format (will not be accepted if they do not pertain to the account, do not display correctly, are in bad taste, are poor quality or violate the conditions given in article 8 of this document).
4 - Videochat.
4.1. to enter in the videochat the User must:
a) choose a Model from the site catalogue.
b) choose if chat for free with her (if she is in Free Chat) and/or buy at $1.99 (199 credits) per minute the Private Chat service (if the Model is in Free Chat) or at $0.99 (99 credits) per minute the Member Chat service (if the Model is in Member Chat). If in the User account there aren't enough credits to buy the site services, he must recharge it in the "buy credits" area (see article 6).
4.2. to enter in the videochat the Model must:
a) have a webcam on the pc.
b) choose the chat function in the reserved area and select the Free Chat or the Member Chat.
5. - Conclusion of the contract.
5.1. The contract shall be deemed concluded at the moment the Proprietor receives the documentation detailed in art. 3.
5.2. The User guarantees that the personal information provided is up to date, complete and truthful. The User further undertakes to communicate promptly any changes to his information so that this shall remain constantly up to date, complete and truthful.
5.3. The Proprietor reserves the right to withhold publication of account not suited to the site.
5.4. The Proprietor reserves the right to modify at his sole discretion and at any time any information in an account which is inexact or erroneous.
6 - Amounts due and payment methods.
6.1. The amount due for the use of the Service is detailed on the "buy credits" page, accessible from the restricted area. Payment for services selected shall be made in a single advance payment via the payment method chosen. The User account is managed with virtual credits and the User can recharge his account with a purchase of 1000 credits at $9.99, or 5000 credits a $49.99, or 10000 credits a $99.95.
6.2. A Model can earn $0.99 (99.5 credits) per each minute in private videochat and $0.49 (49.5 credits) per each minute in public videochat did with one or more users (multiplied for every user in chat). The payment will be sent to the Model via bank transfer, check or paypal when she will get at least $300. The payment via check and paypal is without fees, the bank transfer has a fee of $20 (for the banks outside Italy).
7 - General conditions of use of the Service.
7.1. Account will not be accepted which, wholly or partly, violate legal regulations, especially those protecting public order and morality. Account will not be accepted if deemed to be relating to paedophilia, violence or any other illegal content. The Proprietor is not responsible for any violations of this prohibition.
7.2. The User must:
a) not act contrary to any requirement, procedure or rule of the Service;
b) not use the Service for illegal purposes or against public order and public morality;
c) not use the Service to transmit or distribute illicit, or racist material or any material which infringes privacy and/or is in any way obscene, vulgar, defamatory or abusive;
d) not transmit material and/or messages which incite third parties to illicit and/or criminal conduct liable to civil or criminal responsibility;
e) not create headings or otherwise manipulate trade-marks or information with the aim of disguising the origin of the Service content or of the Service itself;
f) not distribute the Service content which includes violation of patents, trade-marks, secrets, royalties or other industrial and/or intellectual rights of the Proprietor or of third parties;
7.3. Use of the Service to directly and/or indirectly contravene the law in the User's country of residence is expressly prohibited.
8 - Suspension of Service.
8.1. The Proprietor reserves the right to suspend and/or interrupt use of the Service with subsequent removal of the account, and this without acknowledgement of any reimbursement, indemnity and/or compensation, whenever it comes to his attention, however determined, that in the Proprietor's sole and unquestionable judgement the User has violated or is violating the conditions in the preceding article 8 or the laws in force, and the User shall be informed of this via e-mail.
8.2. The Proprietor further reserves the right to suspend use of the Service whenever the Public Authorities or other third party inform the Proprietor of an illicit or improper use of the Service by the User, and this without acknowledgement of any reimbursement, indemnity and/or compensation.
9 - Proprietor's obligations.
9.1. The Proprietor is obliged only to create and maintain the pages on the net, therefore any contacts between Users are completely outside the scope of his activity.
9.2. Excepting the circumstances covered in art. 4, the Proprietor undertakes to maintain the Service in working order.
9.3. The User recognises and notes that the Proprietor may interrupt the Service in order to maintain, update and modify the Service or enable new services, informing Users of this via e-mail.
9.4. At the expiry of the contract, the Proprietor will not return material received.
10 - Force majeure.
10.1. The User agrees that the Proprietor can under no circumstances be held responsible to the User or to a third party for any delay or failure to carry out the Proprietor's obligations caused by chance or force majeure.
11 - Limitation of guarantee.
11.1. The User recognises that the Proprietor can have no control over the content of Models and that therefore the same cannot be in any way responsible for the usefulness or otherwise of the service or for missing or poorly functioning material owned by the Models.
11.2. The User recognises and agrees that use of the Service is at his own and exclusive risk and that he is solely responsible for any consequent damages.
11.3. The User agrees that the Proprietor offers no guarantee as to the results which can be obtained through using the Service nor as to the trustworthiness of any information obtained by the User via the Service.
11.4. The provisions herein remain valid even after the contract has expired.
12 - Indemnity clause.
12.1. The Proprietor cannot in any way be held responsible for any damages caused by the User and arising from violations of the conditions in article 7.
12.2. The User undertakes to indemnify and maintain entirely undamaged the Proprietor, his representatives and dependants against any civil or criminal responsibility arising from the illicit, improper or amoral use of the Service and against all and any requests, including damage compensation towards the Proprietor himself further to the User's conduct.
13 - Limitation of responsibility.
13.1. The User recognises and accepts that the Proprietor cannot in any way be held responsible - either contractually or extracontractually - towards the User or third party for any kind of direct or indirect damage.
13.2. The Proprietor is not responsible for the provenance and veracity of the account or their contents nor the actual existence of that which is advertised, responsibility for which rests solely with the User who registered the account.
13.3. The Proprietor is not responsible for the quality, provenance and veracity of the account even when such are accompanied by documentary photocopies or documentary evidence, therefore the Proprietor is not responsible for any direct or indirect consequences which may arise from falsity of information given about third parties.
13.4. The User is solely and personally responsible for the service in so much as regards the text of the account and the legitimacy of the images and their content as well as any testimonials and declarations made explicitly in the text itself, as well as any eventual prejudicial consequences which may fall upon the Proprietor or third parties.
14 - Privacy.
14.1. The User can learn about the ways in which we use and protect personal information to the Privacy Policy page.
15 - Other provisions.
15.1. In cases where the User is a physical person acting with aims outside their professional activity, these Terms of Service are subject to consumer protection regulations.
15.2. The User expressly consents to the use of e-mail communication. The User accepts that written confirmation of the information contained in these conditions will be sent via e-mail and that he is obliged to download it, print it and save it.
16 - Virtual communities.
16.1. This site can offer the User various advanced interactive services: forums, chat, e-mail, guestbook and others. The User agrees to use the Service in accordance with the Terms of Service and in particular agrees to:
a) not act contrary to any requirement, procedure or rule of the Service;
b) not use the Service for illegal purposes or against public order or public morality;
c) not use the Service to transmit or distribute illicit, pornographic or racist material or any material which infringes privacy and/or is in any way obscene, vulgar, defamatory or abusive;
d) not transmit material and/or messages which incite third parties to illicit and/or criminal conduct liable to civil or criminal responsibility;
e) not create headings or otherwise manipulate trade-marks or information with the aim of disguising the origin of the Service content or of the Service itself;
f) not distribute the Service content which includes violations of patents, trade-marks, secrets, royalties or other industrial and/or intellectual rights of the Proprietor or of third parties;
g) not use the Service to transmit or distribute viruses, worms, trojans or other malicious programs; 10.2. The Proprietor reserves the right to impede Service access to, and to ban at his discretion, any User not respecting Terms of Service.
17 - Third party links.
17.1. This site may contains links to other sites owned by third parties. These links are not under the control of this site, and the Proprietor is not responsible for the content, material and information presented on third party sites.
17.2. The Proprietor declines any responsibility towards the User or third party for any kind of direct or indirect damages arising from the viewing and/or use of third party sites.
18 - Third party service suppliers.
18.1. Third party services can be available on Prosexcam.com (eg forum). Since the privacy policies of these third party suppliers are beyond our control, the User should check such policies for themselves before deciding whether to avail themselves or not of the relevant services. The user who does choose to use these optional services, and communicates their personal data to such services and/or agrees to the collection of their personal data, should be aware that this data will be treated by the external service supplier according to their own privacy regulations.
19 - Financial burdens.
19.1. Any financial burden arising from the execution of this contract, including any eventual taxes on advertising, are the sole responsibility of the User.
19.2. No compensation will be paid with respect to the use of your submission, as provided herein. The Proprietor is under no obligation to post or use any submission you may provide and may remove any submission at any time.
Advise received via the Service should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
20 - Copyright and registered marks.
20.1. Any company or product names mentioned in this site can be trade-marks registered to their respective proprietors.
20.2. The User declares that he will not copy, transfer, distribute, sell, download, publish, modify or use for commercial purposes any material (text, photo, image, animation, html code, service) present on this site, without the written permission of the Proprietor.
21 - Time management.
21.1. All dates used in the Service are calculated in the Greenwich Mean Time + 1 (GMT+1).
22 - Errors.
22.1. Material presented on this site may contain errors of grammar, syntax or exactitude. The User is responsible for careful evaluation of all information and data present on this site.
22.2. The Proprietor declines any responsibility towards the User or third parties for any kind of direct or indirect damages which may arise from an erroneous interpretation of the Service.
23 - Contacts.
23.1. The User can contact the Proprietor via e-mail at info@prosexcam.com or privacy@prosexcam.com.
24 - Acceptance.
24.1. Access to the Service constitutes express acceptance of these Terms of Service and other information herein referred to.
25 - Changes to Terms of Service.
25.1. The Proprietor reserves the right to change this Terms of Service at any time. We will notify you about significant changes by sending a notice to the primary e-mail address specified in your Prosexcam.com account or by placing a prominent notice on our site. All changes to the Terms of Service will be effective when posted, and your continued use of any service of this site after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
Last Updated: 20 April 2007
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