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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. |
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| 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. |
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| 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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