EX SHOT Rules and Regulations

1.
Rules and Regulations. Content Provider and EX SHOT acknowledge that below are listed EX SHOT Rules and Regulations. Content Provider warrants that he/she has read and understood the following EX SHOT Rules and Regulations in their entirety and further promises to comply fully and completely with all of said rules.
a. You must have fully, truthfully, and accurately completed the age verification form attached as Addendum “A” to this Agreement, and have submitted copies of genuine documents to prove that you are of the legal age of majority in the legal jurisdiction in which you reside.
b.
You are not an employee of EX SHOT, but rather an independent information content provider. Other than complying with EX SHOT Rules and Regulations, you are free to develop and express yourself in the manner that you see fit.
c.
You must never give out through EX SHOT any real personal information about yourself or another Content Provider or Client. Said personal information includes real names, e-mail, addresses, telephone numbers, or any other information which could cause a customer or other person to discover your true identity or otherwise locate you.
d. You must never solicit or engage in personal contact of any kind with Customers.
e.
All persons who appear in Content Provider’s Video Content offerings must be over 19 years of age, or age of legal majority in the jurisdiction which he or she resides, and must sign an Associate Content Provider Service Agreement, as well as the Declaration attached thereto as Addendum “A,” prior to appearing on your program.
f.
You are categorically prohibited from transmitting any of the following obscene content: Bestiality, excretory functions & bodily fluids including urination/defecation, etc (golden/brown showers/enemas, etc), fisting (all five knuckles penetrate), incest, extreme sado-masochism or bondage presented in a sexual context (depictions of rape, torture, etc), any presentation of minors engaged in intimate physical contact or sexual situations, actual or depicted, and any conduct which may be judged "obscene" by the standards of your community, or the community of those with whom you interact and to which you transmit content.
g.
You cannot expose genitalia, rectum, or pubic hair in a free chat window. This is to prevent minors from being exposed to nudity and other material that is inappropriate for them. Nudity can only be presented in pay areas where customers have previously verified their age.
h.
Payment to any persons (including but not limited to models, actual human beings, partners, employees, independent contractors, etc.) who render services on and/or appear in your video content is your sole responsibility, and you shall have no claims whatsoever against EX SHOT.
i.
You shall obey all laws of the city, state, province, and/or country in which you live, and your content shall also fully comply with all laws of said jurisdictions.
j.
You are solely responsible for all equipment and for all costs associated with the production of your content.
k.
EX SHOT shall be the exclusive provider of Internet and e-commerce services for all of your commercial content.
l.
You may not communicate with customers regarding other locations on the Internet or other ways to contact Content Providers or other service providers.
m.
Your content shall not violate any law of copyright or trademark, and they likewise shall not infringe upon the intellectual property rights of any person or company.
n. Your content shall not slander, libel or defame any person or business.
o. Your content shall not contain offensive, harassing, and abusive material.
p. Your content shall not contain religious or political material.
q.
Your content shall not promote illegal activities such as gambling or pyramid schemes.
r.
Your content shall not disclose confidential information such as passwords or serial numbers.
s. Your content shall not incite violent and criminal activity.
t. Your content shall not offend public order and morals.
u.
Your content shall not cause interruption of the Services, or use the Services to disrupt third party’s access and use of the Services.
v.
Your content shall not refer any customer with whom you made contact while you were a Content Provider to any competitor of EX SHOT's Web Pages.
w. Your broadcasting image must be clear, in-focus, well lit and tastefully designed.
x. You must face the camera in your presentations.
y. You must be actively chatting with all customers when logged in the system.
z.
If you violate any part of the EX SHOT Rules and Regulations, EX SHOT can and may without waiver, remove your content from its website and/or terminate this Agreement between you and EX SHOT.
aa.
You shall not use bulk e-mail (spam) to promote your content.
2.
Licenses. Content Provider licenses to EX SHOT the exclusive right to present all archived images, motion pictures, audio and text, and works derived from same, which together comprise the Content Provider's past and present video sessions, for the purposes of promoting EX SHOT’s (including derivative, successor and/or affiliated products & services) and Content Provider's website and other internet businesses. By transmitting or providing materials to and through EX SHOT, Content Provider automatically grants (or warrants that the owner of such rights has expressly granted) to EX SHOT a perpetual, royalty-free, irrevocable, sublicensable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, Content Provider warrants that all so-called "moral rights" in those materials have been waived. Content Provider agrees that EX SHOT shall hold all copyrights to such derivative works. Outside of EX SHOT’s website, the material may not be used for any commercial purpose without the express written consent of EX SHOT. You further agree that Content Provider’s EX SHOT screenname is the intellectual property of EX SHOT, and may therefore not be used on any other Internet service without the express written consent of EX SHOT.
3.
ID and Password Management. Content Provider shall be solely responsible for managing its ID and password. EX SHOT shall not be responsible for damages caused by unauthorized use of Content Provider’s password.
4.
Changes in Service. EX SHOT has the right to change or add to the Services, or to suspend or terminate all or part of the Services without prior notice. EX SHOT shall not be liable for any damages caused by such changes.
5.
Rules Enforcement. EX SHOT is not responsible for monitoring Content Provider’s content. EX SHOT, may, however, take necessary action (as determined in Company’s sole discretion) to enforce EX SHOT Rules and Regulations, or other provisions of this contract. In such event, EX SHOT may delete content, transfer its display space in the content, or temporarily or permanently suspend the Services to Content Provider.
6.
Interruptions in Service. EX SHOT may shut down its website without prior notice in the event of unexpected troubles with servers, lines, disasters, or other unforeseen interruptions. EX SHOT may also shut down its website to perform server maintenance. EX SHOT provides no guarantees whatsoever regarding the performance of the Services, including but not limited to its reliability and usability. EX SHOT shall not be liable for direct and/or consequential damages resulting from changes, interruptions, or cancellation of the Services, or from loss, damage to, disclosure, and/or misuse of data.
7.
Content Provider-Customer Disputes. Disputes between Content Provider and her Customers regarding the video, oral, or written contents on Content Provider’s content shall be resolved between Content Provider and the Customer. EX SHOT shall not be liable for problems or damages resulting from or arising out of such a dispute. EX SHOT is under no obligation whatsoever to resolve such a conflict.
8.
Calculation of Fees. Customers shall pay service fees (“Service Fees”) and, in their discretion, a performance bonus or tip (“Bonus”), to access the content provided by Content Provider (Service Fees and Bonus hereinafter collectively referred to as “Revenues”). EX SHOT shall collect the Revenues on behalf of Content Provider and pay a predetermined share of the Revenues to Content Provider. Calculation of Service Fees will be based on EX SHOT’s server-usage log. Content Provider should browse its administrative page regularly, and if there is a dispute regarding payment, shall provide information to EX SHOT regarding the dispute by e-mail within 24 hours of learning of the existence of said dispute.
9. Payment of Revenues
 
a.
EX SHOT shall charge Customers $1.99 a minute as the Service Fee for each minute of paid service that Customers expend viewing Content Provider’s non-free content. Additionally, Customers may, in their discretion, pay a Bonus in connection with viewing Content Provider’s non-free content. 30% of the Revenues derived from charging Content Provider’s content shall be payable to Content Provider.
b. Content Provider’s Revenues generated during that month shall be payable on the last day of following month.
c.
Payments will only be made when requested by Content Provider. Requests for Revenues must be requested during the 1st, until the 5th of the following month. If Content Provider fails to request payment, Content Provider’s share of Revenues shall be carried over to the following Revenue period.
d.
Content Provider’s share of Revenue will be transferred directly into Content Provider’s account.
e.
If Content Provider’s share of Revenue is less than the minimum payment amount of $200.00, said Revenue will be carried over until it reaches this amount, unless special request is made by Content Provider.
10.
No employment relationship. Content Provider is and independent information content provider, and not an employee of EX SHOT. Content Provider shall be solely responsible for paying any and all taxes on revenues derived pursuant to this Agreement.
11.
Changes to Agreement. EX SHOT reserves the right to change this Agreement and/or the EX SHOT Rules and Regulations without prior notice to Content Provider. Changes or revisions will be legally binding and effective when these changes or revisions are uploaded to the Content Provider’s administration page or notice is sent out to Content Provider via e-mail. The Content Provider shall agree to review the administration page and e-mail regularly to check for such changes and revisions, and for other information relevant to the Content Provider’s business with EX SHOT.
12.
Governing Law and Arbitration. This Agreement shall be interpreted under the laws of the State of California, USA. Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The complaining party shall pay for any and all filing fees for said arbitration. Said arbitration shall take place exclusively in Los Angeles, California, USA. Judgment on the award rendered by said arbitration, as well as fees and costs shall be entered by Los Angeles County Superior Court.
13.
Term of Agreement. The term of this Agreement is month to month and is automatically renewed unless otherwise terminated. Either party may immediately terminate this Agreement with or without cause at any time by e-mail, fax, letter, or other written notice of termination.
14.
Indemnification. Content Provider agrees to pay the costs of defense, indemnify and hold EX SHOT and its officers, directors, owners, shareholders, members, employees, attorneys, successors, agents, assigns and representatives from and against any and all loss, liability, claims, damage, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorney's fees and costs arising from or relating to actual or reasonably likely breaches of any terms, conditions, rules, regulations, warranty or representation made by Content Provider in this Agreement, or by suits or claims brought by third parties related to or arising out of Content provided by Content Provider, Content Provider’s use of the Services, and/or Content Provider’s acts and communications with other Content Providers and/or those visiting EX SHOT’s web sites.
15.
Attorneys’ Fees. In any action to enforce the terms of this Agreement, the non-prevailing party shall pay all the legal costs, including but not limited to court costs and reasonable attorneys’ fees, of the prevailing party.
16.
Assignment. Content Provider cannot assign this Agreement without the prior written consent of EX SHOT.
17.
Entire Agreement. This Agreement, including the EX SHOT Rules and Regulations, constitute the entire agreement between Content Provider and EX SHOT, and supersede any prior agreements between the parties related to the subject matters herein.
18.
Severability. Should any provision of this Agreement be found by a court to be void or unenforceable, such a finding shall not affect the remainder of this Agreement.
 

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