These Terms of Service ("TOS") constitute a binding agreement between you and camgirlspot.com “Camgirlspot” “CGS” regarding your use of the camgirlspot website (the "Site"). Please read this Agreement carefully. By using the Site you agree to be bound by the TOS. If you do not agree to any provision of this Agreement, you should not use the Site
You agree that:
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.
Our TOS may be revised from time to time. Notice will provided by updating the publish date on the TOS of CGS. This TOS was last updated on 1/20/2012
By accessing the Site you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Site from an a location where the content of the Site is legal and permitted, and that you will not permit any other person access to the Site who is not allowed to do so. Access to materials appearing on this Site from jurisdictions where its contents are illegal is prohibited. You may not otherwise copy, distribute, or perform the content of the Site, or create derivative works using that content.
You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. CGS disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site or any feature or software included in the Site. CGS disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection or appear on the Site, and you agree that CGS will not be liable for any such services, software, content, or advertising.
CGS may be subject to interruptions. You agree that CGS will not be liable for any modification, suspension, interruption or discontinuance of the Site.
You will access and use the Site solely for your own personal use; You will comply with all applicable laws and regulations in using the Site and any content that appears on the Site; You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Site, or in any manner inconsistent with these TOS; You will not employ any automated system or tool to use the Site or obtain content or information from the Site; You will not defeat or interfere with any security feature of the Site, or attempt to do so; You will not alter or modify any content or component of the Site; and You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content or component of the Site, or any use of or any access to the Site.
You are responsible for your own use of this Site. You acknowledge that you are solely responsible for any audio, video, music, text advertising, links, or other content that you post, publish, upload, or display on the Site and for the consequences of posting, publishing, uploading or displaying any said content. Furthermore you grant CGS a non-exclusive license to publish, reproduce, or otherwise use any uploaded content without any additional consent or permission from you. Any user content submitted to CGS is intended to be made publically available, and once made available cannot be made private. You agree to hold CGS harmless from any claims that may arise due to submission of user content.
You agree that you will not use Site to post, transmit, or share content, including, but not limited to pictures, videos, and text that you did not create or that you do not have permission to post. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the content you provide that are needed to use and to authorize CGS to use said content.
You understand that any content submitted to CGS contains content created with consenting adults, and you have obtained the proper consents, and or releases to record and publish the content you are submitting to CGS.
Users are prohibited from using CGS to transmit, or share child pornography. Any use of the site in such a manor, or reports that an account has engaged in such activity will constitute a violation of our terms of service and may result in your information being provided to the appropriate local authorities. You further warrant that any content you submit of yourself, or of others only contains persons above the legal age of consent, which may typically be 21 years of age.
Users are prohibited from using CGS to transmit, or share content that is defamatory, slanderous, or otherwise invasive of another person. Any use of the site in such a manor, or reports that an account has engaged in such activity will constitute a violation of our terms of service and may result in your information being provided to the appropriate local authorities.
The Site may contain links to sponsor, advertiser, or other third party websites that are not owned or controlled by CGS. Inclusion of, linking to, or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by CGS. CGS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By access or using the Site, you agree to release CGS from any and all liability arising from your use of any third-party website, content, service, or software accessed on or through the Site.
By accessing or using the Site, you acknowledge and agree CGS is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the Content that appears on the Site, without selection or alteration of the Content, and that all Content on the Site is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).) Rights to the Content on the Site. You further understand that CGS does not make any warrants to the content submitted by users or manually reviews such content.
CGS may review any content appearing on the Site, and reserves the right to refuse to distribute any such content, to remove any content from CGS, or to edit such content, in it sole discretion. However, you acknowledge and agree CGS is not obligated to remove any content from the Site, unless and until it is established pursuant to the requirements of the law that the content is illegal.
By its very nature, CGS may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, CGS may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Site. CGS does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. You acknowledge that any reliance on material appearing on CGS will be at your own risk.
If you find content appearing on the Site that you believe is illegal or violates these TOS, you must inform CGS
CGS respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
CGS reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to satisfy any applicable law, government request, enforce our TOS, prevent fraud, and theft.
You agree to hold harmless and indemnify CGS, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature CGS will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of CGS to provide such notice will not relieve you of these obligations. Severability
If any provision of these TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in force.
Refund policy: It is at the sole discretion of CGS when to issue a refund. All payments to CGS for services rendered by models are final. CGS strongly recommends setting up the terms of the show and content before issuing payment through our system. Refunds will not be given for failure of a model to perform the desired acts, technical difficulties, or any other circumstances. Payments made to models are for entertainment purposes only and are done solely at your own risk, holding CGS harmless from any claims that may arise from said payments.
CGS is a payment processor that will collect payment from members and distribute them to models registered on our website. CGS payout terms are monthly on the first of each month. Pending payments are held a minimum of 30 days to ensure a member has not charged back the payment. If it is found that a chargeback has been issued the model will forfeit that payment and it will be taken out of the next payment cycle. If a model does not have sufficient funds in their account the funds may be held until the next payment cycle. If a models account has reached the specified break point a payment will be issued minus the CGS processing fee stated in the model account and a two dollar and fifty cent check processing fee. The minimum required break point is one hundred dollars. CGS is not responsible for invalid payment information supplied by a model, inaccurate information, or returned mail. Models further agree to hold harmless CGS from any claims that may arise from using the CGS model payment system.
The failure CGS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN CGSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE.
UNDER NO CIRCUMSTANCES WILL CGS TOTAL LIABILITY FOR ANY AND ALL CLAIMS BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO CGS OR $10.00
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
THE PROVISIONS OF THIS AGREEMENT THAT PROVIDE FOR LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, OR EXCLUSION OF DAMAGES ALLOCATE RISKS BETWEEN YOU AND CGS. THAT ALLOCATION IS REFLECTED IN THE DELIVERY OF FREE CONTENT TO YOU BY CGS, AND IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.
CGS may restrict access to the site at any time if we believe a user is in violation of these TOS.