Terms of Use


 

The terms of this agreement (the "Agreement") govern the relationship between You and SoulCams.com, regarding the use of services on SoulCams.com website. SoulCams.com is owned and operated by Fluffy Stone Media GmbH, a limited liability company registered in Germany under the registration number HRB 43682, with the registered address at Saarstrasse 28A, 54290 Trier, Germany.

By visiting this website or by using any service, product, software or other aspect of this website (which together are referred to herein as the "Service"), you are agreeing to be bound by all provisions stated in these Terms and Conditions and all provisions stated in our Privacy Policy. By using the Service, you are entering into a binding agreement between You and SoulCams (which is referred to in these Terms and Conditions as "we," "us," or "our"). You are referred to below in these Terms and Conditions as "You," "Your," or "Member." Additionally, You may be subject to additional terms and conditions that may apply when You use affiliate or third-party services or software. If You do not agree to be bound by these Terms and Conditions, then You must leave our website and not use the Service.

We may, in our sole discretion, amend or change these Terms and Conditions and our Privacy Policy at any time. You agree to be bound by any such amendments or changes. You should periodically review the most recent versions of our Terms and Conditions and Privacy Policy.

REQUIRED AGE

In order to visit our website or become a registered Member of our website, You must be at least 18 years old and the age of majority in each and every jurisdiction in which You view our website. If You are not at least 18 years old and the age of majority in Your jurisdiction, then You must immediately leave our website.

MEMBERSHIP

By visiting our website or by becoming a registered Member of our website, You acknowledge and certify that:

  • You are at least 18 years old and the age of majority in each and every jurisdiction in which You view our website
  • You will not provide or permit access or use of Your account or the service to any minor, and You will not engage or take any action while visiting our website or using the service which in any way promotes inappropriate sexual activity involving minors
  • The Service may not be accessed or used where prohibited by local law or other law. Your use of the Service must be in compliance with all applicable laws, rules, regulations, and ordinances
  • Visiting our website or using the service, You may encounter content that may be considered sexually explicit, offensive, indecent or objectionable, which content may not be specifically identified as such. You fully assume all risk of loss and harm arising out of your use of the service
  • You are responsible for maintaining the confidentiality of and restricting access to Your account and password. You agree to accept sole responsibility for all activities that occur under Your account. You agree to contact our customer service immediately of any breach of security or unauthorized use of Your Account or any violation of these Terms and Conditions by others of which You are aware
  • Since our website may contain links or ads to third-party websites or services, You acknowledge and agree that we have no control over, do not endorse, and are not responsible in any way for any actions taken by or damages sustained by You relating to such third-party websites or services.
  • When registering as a Member of our website and continuing during the term of Your Membership, You agree to provide us with accurate, complete, and current registration information. Failure to do this shall constitute a breach of these Terms and Conditions and unauthorized access to our website. Unauthorized access to our website could result in immediate termination of Your account and subject You to civil and criminal liability. Unless You have prior written authorization from us, You may not register for additional Accounts after any such termination.
  • Upon registering as a Member, You will choose a display name (to be displayed in chat) and password. You may not select or use a display name of another person, a name in violation of a third party's property rights, or a display name that we deem offensive or otherwise inappropriate. We own all display names and we license them to You. Additionally, You may not use Your display name in violation of these Terms and Conditions or in ways we deem inappropriate in our sole discretion. We reserve the right to delete any display name.
  • You are entirely liable for all activities conducted through Your Account. A Member may not permit another individual to use the Member's Account. Members who have had their Membership terminated may not access our website without our prior express written (including email) permission.
  • Members may cancel their Account at any time by logging in and completing the cancellation form. If You are unable to log in or use this form, You may contact us by sending an email to support@soulcams.com. As discussed below in Section E, We reserve the right to terminate Your account at any time for any reason in our sole discretion.

CHARGES AND BILLING PRACTICES

Billing services are provided by:

Online Payments Group AG, (company number CHE-167.830.260) incorporated under the law of Switzerland, which registered office is located at Sihleggstrasse 23, 8832 Wollerau, Switzerland.

We charge no fees for registration and unlimited access to free live guest chat rooms, profiles, and all other free ares of the website and services. If access to live video chat rooms or other digital media requires an additional fee, the amount of any such fee is prominently disclosed prior to entering the chat room or the restricted area. Live video chat room fees are solely at the discretion and control of the performer and will be fully disclosed to You before entering the chat room. No charge or transfer will be made to Your credit card (or any other payment method you selected) without Your authorization. A VIP Membership is a Membership that enables You to access services beyond paid chat sessions or free Members-only services, such as free content, discounts and other VIP member only features. The amount and possible recurrence of all VIP Membership fees will be clearly disclosed to You.

You may purchase credit packages in order to get access to live video chat rooms. The available payment methods and prices are clearly presented on the Website.The actual price of the credit packages may vary based on the physical location where the account has been created. Please take into consideration that SoulCams.com reserves the right to round prices and therefore, shall be entitled to apply rounding.

SoulCams.com does not store nor has access to transaction details. All payments are handled and managed by authorized third party billing providers. If you have questions or need help regarding your transaction, you may contact us at support@soulcams.com or go directly to the appropriate payment provider.

We set a daily spending limit for our Members. This limit is a daily or 24 hour limit of charges You may incur. We set this limit in our sole discretion. You can request an increase to Your daily limit by contacting us at support@soulcams.com.

If You are paying Euro-based fees in a currency other than Euros, Your bank or financial institution may impose fees for currency exchange and for international transactions. Similar considerations apply when there is a difference between the currency in which fees are quoted on the website and the currency in which You make Your actual payment. In some situations, we might be able to change your billing currency. For banking expenses information, please consult Your bank.

You are responsible for all charges associated with connecting to our website and all amounts owed to Your internet service provider. You agree that all such charges incurred by You are entirely Your responsibility. For example, depending on Your particular location and chosen internet service provider, You may be responsible for long distance charges and/or other communication surcharges.

Funds transferred to Your account, as well as discounts and promotional pricing associated with Your account, will expire as applicable, except where prohibited by applicable laws. We reserve the right to set the expiration date of these items in our sole discretion. Rewards are issued to Members in our sole discretion. Rewards have no cash value and cannot be traded or used as tender.

We reserve the right, at any time, to change our fees and billing methods, including the addition of supplemental fees or separate charges for online areas, content, premium memberships, or services provided by us or our affiliates. we may also elect, in our sole discretion, to provide notice of billing charges through pop-ups, email, on-site messaging or by any other means deemed reasonable by us. If any such change is unacceptable to You, You may terminate Your Membership as provided below. Your continued use of our website following the effective date of any such change shall constitute Your acceptance of any such change.

REFUND POLICY

We will only compensate/refund credits in the amount proportionally determined in accordance to the price paid and problem effectively reported when any credit is lost due to technical difficulties related to the Service. In case of quality complaints, We will assess the situation and decide whether any compensation (SoulCam Credits) or a full monetary refund is due.

Refund requests must be sent via email to support@soulcams.com and should clearly state the reason for refund. All requests will be handled within 7 business days.

TERMINATION

We reserve the right to terminate Your Membership at any time for any reason in our sole discretion.

This includes but is not limited to deny service for accounts and users which in our sole discretion are deemed to be fraudulent or otherwise high risk accounts. We also reserve in our sole discretion the right to report to and cooperate with law enforcement with respect to any claims of potential fraud. You may also terminate Your Membership at any time, for any reason. You can do so, by sending an account cancellation request email to support@soulcams.com, including your username.

CONTENT

As used in these Terms and Conditions, the word "Content" shall mean any photographs, images, videos, graphics, banner ads, music, sounds, communications, information, software, emails, or any other type of content whatsoever. You acknowledge and understand that our website permits access to Content that is protected by copyrights, trademarks, and other intellectual property rights ("Proprietary Rights"), which Proprietary Rights are valid and protected in all media and technologies existing now or later developed.

In the event You submit or post any Content of any type to or on our website, You acknowledge and agree that You have the legal right to do so, and that any such Content is not being used by You in any way which violates any other entity's Proprietary Rights. By submitting or posting to or on our website any Content, You grant us and our affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Proprietary Rights (including moral rights) in any such Content has completely, validly, and irrevocably granted to You the right to grant the license stated in this paragraph. You also permit any Member and authorized user to access, display, view, store, and reproduce the Content for personal use. You agree that we may employ virus-checking technology to protect our website from viruses. You also acknowledge: (i) any and all Content on or related to our website is provided under license by us, our affiliates, You, or Independent Content Providers ("ICPs"); and (ii) at a minimum, we have copyright rights or other Proprietary Rights in all such Content.

You understand You must evaluate and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content contained on our website. We do not pre-screen Content as a matter of policy. However, we, our affiliates, and our staff shall have the right, but not the responsibility, to remove Content that is deemed harmful, offensive, or in violation of these Terms and Conditions. You recognize communications over our website often occur in real time or are posted on one of our website's chat rooms. You acknowledge we cannot, and do not intend to, screen communications in advance for accuracy or conformance to these Terms and Conditions or any laws. However, we may elect, in our sole discretion, to monitor some, all, or none of our public areas for adherence to these Terms and Conditions. Accordingly, You acknowledge neither we, our affiliates, nor any of our staff members shall assume or have any liability for any action or inaction with respect to Content or Content changes on or within our website.

You also agree and acknowledge that any Content which You may submit or post to or on our website is not in violation of any of the Prohibited Conduct described in the following section.

PROHIBITED CONDUCT

You agree to use our website only for lawful purposes. You shall not use the Service or our website to, either directly or indirectly:

  • Depict or in any way promote any activity which in any way involves sexual conduct involving minors;
  • Harrass, stalk, abuse, or threaten any of the performers or models associated with our website;
  • Provide any of Your personal contact information to any performer or model associated with our website (and in the event that You do, You agree we have no liability for any results or events which occur because You did so);
  • Intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including but not limited to any rules or regulations having the force of law;
  • Post or submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content;
  • Harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another Member or other user of our website or any other person or entity;
  • Post, transmit, promote, link, or facilitate the distribution of Content that may generally be considered obscene, including but not limited to bestiality, urination/defecation, incest, causing pain (extreme sadomasochism) presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
  • Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other Members, users, individuals or entities;
  • Impersonate a minor; impersonate any other person or entity (including but not limited to one of our representatives, forum leader, guide or host); or communicate under a false name or a name that You are not entitled or authorized to use;
  • Post or submit (or cause to be posted or submitted) a chain letter or pyramid scheme;
  • Post or submit (or cause to be posted or submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, individuals or entities, or collect or harvest screen names of other Members, without permission;
  • Post or submit (or cause to be posted or submitted) any communication or solicitation designed or intended to obtain a password of an account or private or financial information from any Member;
  • Violate any operating rules, policies or guidelines of any other interactive service or website in any way; or
  • Spread or distribute any spam, viruses, bugs of any type whatsoever, junk email, or mass email solicitations

DISCLAIMERS

YOU AGREE YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR PERSONAL USE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS, AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS). OUR SERVICE IS PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT A MEMBER WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF MEMBER'S CHOOSING.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS BY US OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY MEMBER OR ANY THIRD-PARTY AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR APPEARING ON OUR WEBSITE IN ANY ADVERTISING OR OTHERWISE. WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY LIABILITY TO YOU OF ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR OFFICERS, MANAGERS, OWNERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, RELATED COMPANIES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) RESULTING FROM: (1) ANY ERRORS, MISTAKES, OR ACTIONS BY US IN ANY WAY RELATED TO YOUR USE OF THE SERVICE OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE OR ACCESS TO THE SERVICE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICE, SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO THE SERVICE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE RELATED IN ANY WAY TO THE SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN THE EVENT YOU CLAIM THERE WAS ANY PROBLEM WITH YOUR USE OF THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR THE SERVICE, AND WE SHALL HAVE SOLE DISCRETION TO DETERMINE IF ANY PORTION OF YOUR FUNDS SHOULD BE REIMBURSED TO YOU.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend us and our officers, managers, owners, shareholders, directors, employees, parent company, related companies, agents, and other representatives from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) in any way related to or arising from: (1) Your use of and access to the Service or use of Your account by any other person; (2) Your violation of any term of these Terms and Conditions; (3) Your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; (4) any claim that Your Content caused damage to a third party; or (5) any action by You which is negligent, tortious or otherwise wrongful. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter subject to indemnification by You hereunder. This defense and indemnification obligation will survive these Terms and Conditions and Your use of the Service.

APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of Germany, excluding international private law and excluding the United Nations Convention on Contracts for the International Sale of Goods. USERS with a habitual residence abroad shall be entitled, independently of the choice of law, to rely on the mandatory consumer protection laws of the country of their habitual residence.

Online dispute resolution (Article 14, Section 1 of the Regulation on consumer ODR): The European Commission provides a platform for online dispute resolution which is accessible at http://ec.europa.eu/consumers/odr/.

You agree to abide by European Union and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to our website any data or software that cannot be exported without prior written government authorization, including but not limited to certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

GENERAL PROVISIONS

These Terms and Conditions shall constitute the entire agreement between You and us, superseding any prior agreements, writings, or communications between You and us with respect to the subject matters discussed in these Terms and Conditions. If any part or portion of these Terms and Conditions is held invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts and portions shall remain in full force and effect.

The rights and liabilities under these Terms and Conditions may not be transferred or assigned by You, although our rights and liabilities under these Terms and Conditions may be transferred or assigned by us in our sole discretion. No waiver or failure to enforce by us of any term or provision contained in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision in any way.

You also agree and accept that as we make available any new products on or through our website, Your use of these products is subject to these Terms and Conditions. In addition to Content and services provided by us, our affiliates, and ICPs, other entities may offer Content, software or other services to Members with their own terms and conditions and usage policies relating to Your use. Failure to abide by these terms and conditions may result in termination of Your Membership to our website.

As stated above, we reserve the right to amend or change these Terms and Conditions at any time and without direct notice to You. It is Your responsibility to periodically review these Terms and Conditions for any amendments or changes. Your use of the Service following any such amendments or changes will signify Your assent to and acceptance of any such amendments or changes.

This document has been updated on 26 January 2017