HOMEXCAMS HOSTS/MODELS - AGENCY AND FACILITATION SERVICES AGREEMENT

Thank you for your interest in receiving services from PlanB Technology P.C a company organized under the laws of the Principality of Andorra (the 'Company'). Please note that you, in your capacity as a host ('Host/Model') must accept and agree to the following Agency and Facilitation Services Agreement ('Agreement') in order to receive the services which are described below. Entering into this agreement allows you to receive services to which a Host/Model is entitled (as detailed below) but it also entails certain responsibilities, requires you to make certain representations, and may require you to enter into additional agreements with persons ('Guest/Member') who choose to receive information/content from you via chat ('Host/Model Services'), including in any Host-Guest Chat Session ('HGCS') and/or Model-Member Chat Session ('MMCS'), the form of which you can view here ('Host-Guest Agreement') & here ('Model-Member Agreement'). By clicking "I Accept", you expressly agree to be bound by all of the terms of this Agreement and of any Host-Guest Agreement and/or Model-Member Agreement.

By accepting this Agreement and proceeding with your registration as a Host/Model, you agree that the Company is a technology services provider and that while using the services set out in this Agreement, including all services obtained via http://www.ImLive.com (the 'Site'), you shall adhere to the terms of this Agreement with the Company and to the terms of any Host-Guest Agreement and/or Model-Member Agreement.

THE SERVICES: Subject to the terms and conditions set out in this Agreement and to your full compliance with the terms of any Host-Guest Agreement and/or Model-Member Agreement, the Company shall provide you with the following services ('Services'), in its capacity as your agent and as a provider of the Services to you:

The Company, on your behalf, shall advertise your Host/Model Services (together with or separately from Host/Model Services of other Hosts/Models) by way of the Directory. The Company may furthermore, in its absolute discretion, advertise your Host/Model Services (together with or separately from Host/Model Services of other Hosts/Models) via the Site, on third party sites, or in any other media. Such advertising shall be in the Company's sole discretion, including, without limitation, the location of the Host/Model within the Directory and elsewhere on the Site, the manner of representation of the Host/Model on the Site and any ranking of the Host/Model on the Site. The Company may in its absolute discretion advertise particularly your Host/Model Services on and off the Site and may in its absolute discretion grant access to third parties (including affiliates) to advertising materials (including details, photographs and other materials regarding you) which such third parties may then use to promote your Host/Model Services.
Branding Goodwill: As an ImLive Host/Model, your Host/Model Services will be made available and accessible to a vast network of Guests and/or Members and potential Guests and/or Members who are attracted to the Site by the ImLive brand. The benefits that you receive include greatly enhanced market exposure, as well as reliable monitoring and processing of Guests and/or Members on your behalf.
The Company shall be entitled to deduct from your Host/Model Service Payments (as defined below) ('Deductions'):

The amounts payable by you to the Company in consideration for provision of the Services ('Company Fee'), as is more fully detailed in Sections 12 and 14 of this Agreement. It is clarified that the Company shall be entitled to deduct the estimated Company Fee (which estimate the Company shall make in its sole discretion) from the Host/Model Service Payments payable to any and all Hosts/Models who are or may be registered on the Site as Hosts/Models during the applicable remittance period (the 'Community of Hosts/Models'), at the time at which the Company (as agent of the Community of Hosts/Models) sells ImLive Credit (as defined below), provides ImLive Treat Credits (as defined below), or provides a Post-Pay Model to any Guest/Member (as defined below), which may be in advance of the time at which any Host/Model Service Payment accrues to any particular Host/Model; and such estimated Company Fee shall be deemed paid to the Company at such time. Reconciliation of the estimated Company Fee charged at such time against the actual Company Fee found payable to the Company shall be carried out upon or prior to remittance of Host/Model Service Payments as set out herein.
The amount of any fines imposed upon you pursuant to this Agreement, including pursuant to Section 21(b) hereof.

Host/Model Service Payments (less Deductions) shall be remitted to you in accordance with Section 11 of this Agreement, except as such Host/Model Service Payments may be delayed pursuant to Section 21(a) hereof.
It is clarified that in the event that (i) any ImLive Credit or ImLive Treat Credit is not able to be deducted from any Guest's and/or Member's balance of ImLive Credits or ImLive Treat Credits by the Company or (ii) direct payments are not able to be charged from the Guest's and/or Member's billing method in accordance with the Post-Pay Model, or (iii) any ImLive Credit or ImLive Treat Credit is added to any Guest's and/or Member's balance of ImLive Credits or ImLive Treat Credits by the Company (as shall be determined by the Company in its sole discretion), including due to any chargeback or refund caused by such Guest/Member, or any system failure (including where due to technical malfunction of the Site, the amount of ImLive Credits or ImLive Treat Credits to be deducted from any Guest's and/or Member's account or the amount to be charged from the Guest's and/or Member's billing method and/or Host/Model Service Payments accruing to you in the last 60 minutes prior to the system failure are lost and deleted from the Company's systems), the applicable amount of Host/Model Service Payments shall not be payable by the Company to the Host/Model (and, to the extent that the Company has added to the ImLive Credit or ImLive Treat Credit balance of any Guest/Member in connection with any Host/Model, such Host/Model shall refund to the Company any such amount, and/or the Company shall have the right to deduct such amount from any Host/Model Service Payments to be remitted to such Host/Model), the Company shall have no liability with respect to any such amount, and you hereby waive any claims, demands or suits against the Company with respect to any such amount (and the Company shall not be obligated to present to you and/or any other third party any documents regarding chargebacks or refunds made by Guests and/or Members). In addition, the Company disclaims any and all liability in the event of the disruption or malfunction of the Services or the Ancillary Services (as defined below). It is further agreed and clarified that your accrued Host/Model Service Payments as displayed in your Host/Model account on the Site shall be determinative, and that the Company shall not be liable with respect to any claims or demands for additional Host/Model Service Payments other than as so displayed.
The Host/Model's only remedy with respect to the abovementioned events shall be to cease using the Services and the Ancillary Services and to cease providing the Host/Model Services.
In addition, in the event that any ImLive Credits or ImLive Treat Credits of any Guest/Member expire or are otherwise forfeited by any Guest/Member, in accordance with the Terms & Conditions or any Host-Guest Agreement and/or Model-Member Agreement, such ImLive Credits shall be forfeited to the Company and not to any Host/Model or the Community of Hosts/Models.

ANCILLARY SERVICES: In addition to the Services, and subject to the terms and conditions set out in this Agreement and to your full compliance with the terms of any Host-Guest Agreement and/or Model-Member Agreement, the Company shall provide you with the following services which are ancillary to the Services ('Ancillary Services') free of charge:

Payment Facilitation: The Company as agent of the Community of Hosts/Models facilitates the deposit by Guests and/or Members of funds with the Site (including by way of various payment service providers) reflected in the acquisition by Guests and/or Members of "credits" at a price displayed to the Guest/Member upon acquisition thereof ('ImLive Credits'). In addition, the Company as agent of the Community of Hosts/Models facilitates the direct billing in accordance with its Post-Pay Model.

In addition to ImLive Credits, Guests and/or Members may at the sole discretion of the Company receive certain credits which can only be redeemed to obtain Host/Model Services ('ImLive Treat Credits'). When you provide Host/Model Services to any Guest/Member, Guests and/or Members are able to pay you for such Host/Model Services solely by way of redeeming ImLive Credits (or ImLive Treat Credits, in connection with Host/Model Services provided during a "Candy Show"). The amount equal to (or calculated by reference to) the value of redeemed ImLive Credits or ImLive Treat Credits relating to the Host/Model Services provided by you to Guests and/or Members are defined herein as 'Host/Model Service Payments'. Host/Model Service Payments do not relate to or imply any services provided by you to the Company. You are deemed to charge Guests and/or Members US $1 for each ImLive Credit (or up to 1.5 credits in the Company's Special Deals sites) or ImLive Strip Treat Credit redeemed by such Guest/Member in paying for Host/Model Services provided by you, including for the purpose of calculation of the Company Fee.
Chat System: The Company shall provide you with non-exclusive use of its video/audio/text chat communications system ('Chat System'), including a certain web-based application allowing internet chat (the 'Application') allowing you to chat with Guests and/or Members, and with whom you enter into a Host-Guest Agreement and/or Model-Member Agreement. Via the directory of Hosts/Models located on the Site (the 'Directory') or a direct link, Guests and/or Members are able to initiate contact with Hosts/Models (including in scheduled sessions) from whom they wish to receive information/content. Where the Host/Model accepts the Guests and/or Members into an HGCS and/or MMCS, the Application enables the Host/Model to connect with the computer of the Guest/Member and provide information/content via audio/video (and text) chat. A Guest/Member may also elect to chat via audio/video (or text) directly to the Host/Model. In certain cases, more than one Guest/Member can be connected to a certain Host/Model at the same time. It is clarified that every HGCS and/or MMCS shall be subject to a Host-Guest Agreement and/or Model-Member Agreement, including with respect to the Host/Model Services, entered into by the Host/Model and each Guest/Member at the commencement of each HGCS and/or MMCS.
Message Center: The Company shall provide you with use of a message center ('Message Center') which allows you to provide content/information to the Company which you would like the Company to provide to a Guest/Member or Guests and/or Members, and which allows the Company to provide text queries, requests or other messages to you which any Guest/Member has provided to the Company and which such Guest/Member would like the Company to provide to you, all pursuant to the agreement between the Company and such Guest/Member ('Terms & Conditions'). It is clarified that the Company shall be entitled, in its sole discretion, to convey or refrain from conveying any such message or part thereof.
Platforms: The Company shall provide you with use of platforms and tools which allow you to provide specialized services or to advertise your Host/Model Services ('Host/Model Platforms').
Host/Model Account: The Company provides complete up-to-date details of transactions and statistics online in your Agent account, tracking your accrued Host/Model Service Payments for the month.

HOST/MODEL AGE: Host/Model hereby represents that he/she is at least 18 years of age.
AMENDMENT OF AGREEMENT: The Company shall be entitled to amend this Agreement, the Terms and Conditions of the Site, the Host-Guest Agreement and the rules and regulations appearing elsewhere on the Site, at any time by amending it on the Site. By entering into the Site or using the Services or the Ancillary Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement, the Terms and Conditions, the Host-Guest Agreement and the other rules and regulations appearing elsewhere on the Site.
NON-ASSIGNABILITY/THEFT OF LOGIN: The Company shall be entitled to amend this Agreement, the Terms and Conditions of the Site, the Host-Guest Agreement and/or Model-Member Agreement and the rules and regulations appearing elsewhere on the Site, at any time by amending it on the Site. By entering into the Site or using the Services or the Ancillary Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement, the Terms and Conditions, the Host-Guest Agreement and/or Model-Member Agreement and the other rules and regulations appearing elsewhere on the Site.
INFORMATION/CONTENT You are entirely responsible and legally liable for all information/content provided pursuant to your provision of Host/Model Services, including in any HGCS and/or MMCS, and the Company does not take any responsibility whatsoever for such information/content.

Without derogating from the above, you hereby warrant and represent that:

You undertake that all such information/content provided by you shall satisfy the local laws and regulations applicable to you and to any Guest(s) and/or Member(s) participating in any HGCS and/or MMCS, including laws and regulations of the EU and the United States.
You represent to the Company that you possess all necessary intellectual property rights, interests and licenses including without limitation, copyrights, trademarks, service marks, music licensing rights and any and all other information and proprietary rights in connection with any such content and information.
You undertake to ensure that all participants in any HGCS and/or MMCS (including any Guest and/or Member) will be at least 18 years of age (“Adult”).
You may not cause or permit the image of any other person (excepting other persons who are registered as Hosts/Models or Guests and/or Members with the Company and who consent to such transmission of such their image) to be transmitted in any HGCS and/or MMCS.
Without derogating from any other provision of this Agreement or of any Host-Guest Agreement and/or Model-Member Agreement, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden: bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations (actual or depicted), incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, and any conduct which may be judged "obscene" by the standards of your community, or any community of your Guest/s and/or Members in any HGCS and/or MMCS ('Forbidden Content'). The Company strongly suggests that you consult a local attorney at law in order to get advice on where your community and the community of any of your Guests and/or Members draws the line on obscenity. The following also constitutes 'Forbidden Content': defamatory, abusive, obscene, threatening, racially offensive, or illegal material.

You are required to report IMMEDIATELY to the Company's Customer Service Department regarding any case of the transmission of Forbidden Content in an HGCS and/or MMCS or any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.).
Adult behavior and/or activity is strictly prohibited in any HGCS and/or MMCS entered into by any Guest/Member through any zone (including without limitation the zone entitled "Friendship & Romance") other than an HGCS and/or MMCS entered into by a Guest/Member through the zone entitled "Live Sex Chat".
The Host/Model Services may not be provided in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. Without derogating from the above, the Company may restrict or deny access to the site to Host/Models in any country or location at any time at its sole discretion, and shall not be held liable in any way by any Host/Model (including in connection with any loss of earnings) in such respect.
You have no obligation to the Company or anyone else to provide Host/Model Services or to accept any Guest's and/or Member's requests. Do not accept requests which would cause you to violate this Agreement, any Host-Guest Agreement and/or Model-Member Agreement or applicable law.

APPROVALS AND REQUIREMENTS OF THE COMPANY

The Company's advance approval is required in order for any Host/Model to use the Services or Ancillary Services. Such approval is within the absolute discretion of the Company.
It is of utmost importance to the Company to ensure that every Host/Model is at least 18 years of age. The Company may request at any time, and you will be obligated to provide to the Company upon request, any document, including without limitation, identification documents in accordance with applicable law which prove your age, and a signed copy of this Agreement. In addition, the Company takes extensive measures to detect and reject false identification regarding any Host/Model's name and/or date of birth ('Falsification of Documents'). However, in the unlikely event that the Company accepts such documents despite the Falsification of Documents, you understand that such documents will be accepted in good faith on the part of the Company, and that the Company shall not be liable in such respect under any circumstances to you or any other person.
Any person who is a related party of the Company or any entity controlling, controlled by or under common control with the Company, including any direct or indirect shareholder, any director or officer of the foregoing, or any spouse or person bearing a family relationship of up to 3rd degree of any of the foregoing, and more generally any person who is a related party according to the art. 16 of the Andorran Law known as "Llei 95/2010, del 29 de desembre, de l'impost sobre societats" (see the "Butlletí Oficial del Principat d'Andorra" Número 5 Any 23 issued on the 26th of January 2011 - www.bopa.ad) is prohibited from registering or operating as a Host/Model.
You hereby agree and confirm that you are the registered performer in this account and are a consenting adult who is performing services at your own free will.
Company shall not be liable for any misrepresentation by Host. Host shall indemnify and hold the Company, its owners, operators and suppliers of the Site, as well as their officers, directors and employees (collectively 'Indemnified Parties') harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claim, including without limitation: in a civil action brought under section 1595 of title 18, United States Code; any charge in a criminal prosecution brought under State law if the conduct underlying the charge constitutes a violation of section 1591 of title 18, United States Code; violation of FOSTA (‘Allow States and Victims to Fight Online Sex Trafficking Act of 2017’) or SESTA (‘Stop Enabling Sex Trafficking Act of 2017’); violation of law in an HGCS and/or MMCS (or in the content/information transmitted in the HGCS and/or MMCS and/or transmission of Forbidden Content), or any other claims of any kind, that results directly or indirectly from Host activities.
Nothing in this section shall be construed to limit any other right or remedy of Company against Host according to this Agreement, or according to any law or regulation, if Host violates this Agreement.

OBLIGATIONS OF HOST/MODEL

Under no circumstances will You use or try to use the Services, the Ancillary Services or any HGCS and/or MMCS in order to promote or procure any meeting or direct physical contact with any Guest/Member and/or any other third party.
You are a consenting Adult, receiving the Services hereunder at your own free will, and that no means of force, threats of force, fraud, coercion or any combination of such means has been used to cause You to engage in a service subject to this Agreement or any other related agreement or service.
The Host/Model shall be subject to the terms of any Host-Guest Agreement and/or Model-Member Agreement. The Host/Model shall not act in violation of any Host-Guest Agreement and/or Model-Member Agreement or cause or procure any other person (including any Guest) to violate such Host-Guest Agreement and/or Model-Member Agreement. In addition to this Agreement and any Host-Guest Agreement and/or Model-Member Agreement, the Site includes additional terms and conditions that are published on specific pages on the Site, and shall also apply to Host/Models. These additional terms and conditions may restrict or otherwise affect your rights in connection with the Site, the Services or the Ancillary Services. If any provision of this Agreement, any Host-Guest Agreement and/or Model-Member Agreement or any additional terms and conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these terms and conditions enforceable.
You shall not use any of the Services, Ancillary Services, or any of the other services, features and/or facilities available on or through the Site for any purpose whatsoever (including without limitation to promote or act on behalf of any other person, entity or business on or off the internet) except as specified in this Agreement.
You shall not contact any Guest/Member for the purpose of supplying such Guest/Member with services outside the framework of the Site in a manner which may circumvent payment of the Company Fee for Services. You shall not solicit or encourage any Guest/Member to purchase services and/or features which may directly or indirectly compete with the Site, the Services, the Ancillary Services or the Host/Model Services.
You shall not send, or procure or encourage any third party to send, any email promoting the Site or Host/Model Services ('Forbidden Emailing Activities'). Any such emails must be sent to the Company, and the Company shall be entitled to send any such emails to any Guest/Member in its sole discretion.

RELATIONSHIP BETWEEN HOST/MODEL AND COMPANY

The Company is the agent of and provider of the Services and Ancillary Services to the Host/Model. Neither party is an employee of, or joint venturer with, the other party, and shall not present themselves as such. The Host/Model provides its Host/Model Services only to Guests and/or Members. The Host/Model receives only the Services and the Ancillary Services (which are free of charge) from the Company. The Host/Model is not an agent or representative of the Company, and shall not present himself/herself as such.
The Company may send you emails from time to time or update your Host/Model page, including with respect to the Services or Ancillary Services, any of the other services, features and/or facilities available on or through the Site, this Agreement, any Host-Guest Agreement and/or Model-Member Agreement or any other terms and conditions appearing on the Site. You must open all such emails and regularly check your Host/Model page in order to be updated regarding the aforementioned, and the Company is entitled to presume on the basis of your continued use of the Services and the Ancillary Services that you are so updated and agree to all such updates.
The Company is entitled to monitor the Host/Model Services, at its discretion, including in order to analyze and develop methods for improving the Services and Ancillary Services.
The Company reserves the right, according to its sole discretion, to suspend Host/Model privileges in the event of inactivity on the site.
Company does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Host/Model Services or your acts or omissions. You retain the sole right to determine when, where, and for how long you will utilize the Services. You retain the option, to attempt to accept or to decline or ignore a Guest/Member's request for Host/Model Services. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business activities, in whatever capacity (e.g. as an employee, contractor or otherwise). For the sake of clarity, you understand that you retain the complete right to; (i) use other software application services in addition to the Services; and (ii) engage in any other business

LICENSE: In order to allow the Company to provide the Services and Ancillary Services and to facilitate the collective interests of the Community of Host/Models in its capacity as their agent, you hereby grant the Company a general royalty-free, irrevocable, perpetual and exclusive license to use - including providing them to third party sites - still and video images (including audio, recorded sessions, videos and text portions) of you and your provision of Host/Model Services. The said license includes without limitation the right to reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology including without limitation for purposes of advertising on or off the Site and for purposes of providing third parties with promotional materials. It is hereby clarified that termination of this Agreement or any Host-Guest Agreement and/or Model-Member Agreement, by any party hereto or thereto, shall not affect in any way the aforementioned license, which shall continue to be held by the Company in its entirety. Any materials created in connection with the Host/Model Services may not be used by or transferred by or to any person (including any Host/Model) for any purpose, without the prior written consent of the Company.
REMITTANCE OF HOST/MODEL SERVICE PAYMENTS:

HGCS and/or MMCS billing rates and terms are set out in the Host-Guest Agreement and/or Model-Member Agreement, which may be changed from time to time on the Site, in which event any Host/Model will be entitled to Host/Model Service Payments according to the then new billing rates. Pricing to Guests/Members for tutorials, Q&A and other materials are not fixed and are determined by the Company in its capacity as your agent and as agent of the Community of Host/Models, as described on the Site.
The Company usually remits Host/Model Service Payments (less any Deductions) to Host/Models twice a month: on the 16th of the month (for the first two weeks of the month) and on the 1st of the subsequent month (for the last two weeks of the previous month). Such remittances are carried out only when any Host/Model has accrued Host/Model Service Payments (less any Deductions) of a minimum of $50 per remittance period. The Company is not responsible for any delays in remittances for up to 60 days, as well as in any case of a delay due to factors not connected to the Company. You can also choose to wait for remittance until you have accrued Host/Model Service Payments (less any Deductions) of a minimum of $100 or $500.
The company offers various forms of remittance.

Checks are sent by regular mail (available to residents of the US only). Please note that:

You must provide a valid name and address (full address: City, Country, Zip code) and NOT a P.O. Box address;
You must provide your phone number; and
Your minimum check amount must be at least $100.

Please note that ImLive's corporate policy is that ImLive is not responsible for theft or loss of checks sent out to Host/Models or Agents. In the case of loss, theft, or destruction of a check, ImLive shall in no case be liable for replacement of the check or payment of the funds by alternative method. However, if you did not receive your check for at least 30 days, and the check in question has not been cashed, ImLive is willing to stop the check and re-issue the payment via check or one of your other payment methods with a cancellation fee of $35.

Alternatively, you may choose from various payment methods available.

The Company may change the methods of payments at its own and sole discretion. It is your sole responsibility to check and double check the mailing address details and/or other account details, given to the Company for the purpose of receiving remittance of Host/Model Service Payments. The Company will not resend or transfer remittances, nor will it be responsible for remittances, in cases of wrong addresses or wrong account details.

It is clarified that Host/Model Service Payments are inclusive of any indirect taxes that may be chargeable (including value added taxes and goods and services taxes) in accordance with applicable law. Host/Models are solely responsible and liable for any taxes chargeable as a result of provision of Host/Model Services by such Host/Model.

LIVE SEX CHAT CATEGORY - SPECIAL PROVISIONS

Sexually explicit content/information is only allowed in an HGCS and/or MMCS or by way of Host/Model Platform content provided to Guests/Members entering via the "Live Sex Chat" zone.
The Company will not accept any minor as a Host/Model in any case, and is particularly concerned not to accept any minor as a Host/Model in the "Live Sex Chat" zone. All Host/Models must provide the Company with copies of identification documents - passport, driver's license, or similar ID which indicate that Host/Model has reached his/her legal majority and a list of other names (aliases or stage names) used by the Host/Model. Host/Models located in the US must provide US documents.
Legible copies of such materials must be provided to the Company in the manner Host/Model is instructed by the Company before approval of Host/Model and from time to time.
These identification documents are also stored in connection with 18 U.S.C. § 2257. IF SO REQUIRED UNDER 18 U.S.C. § 2257 OR OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY OR ITS REPRESENTATIVE. BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE THAT FOR PURPOSES OF 18 U.S.C. § 2257 YOU ARE THE "PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL. For further information regarding 2257 and the Site, please see our 2257 statement which can also be reached via our home page.
Without derogating from the prohibition on the Host/Model causing the image of any other person to be transmitted via the Chat System or the Host/Model Platforms, Host/Model shall not under any circumstance transmit via the Chat System or the Host/Model Platforms any sexually explicit image including any other person (other than another Host/Model registered in the "Live Sex Chat" zone of the Site). Host/Model shall in no case transmit via the Chat System or the Host/Model Platforms any sexually explicit images of the Host/Model created before the Host/Model reached his/her legal majority.
You shall not attempt to portray yourself as someone under the age of 18. You will not portray yourself as a "teenager", unless you specifically mention that you are 18 or 19 years old. Otherwise, the use of the word "teen" in any form relating to ages under 18 is strictly forbidden.
It is strictly prohibited to transmit Forbidden Content (as defined above) via any Host/Model Services.

LIVE SEX CHAT: COMPANY FEE

13.1. Excluding with respect to its Special Deals sites, The Company shall be entitled to charge the following Company Fee to Host/Models in consideration for provision of the Services to such Host/Model based on which such Host/Model provides Host/Model Services in the "Live Sex Chat" zone:

Company Fee Per Minute:

The Company Fee is 73% of what your Guests/Members pay for every minute in your HGCS and/or MMCS and 73% of what Guests/Members pay for viewing your videos and/or other materials as described on the Site, in the "Live Sex Chat" zone.
If you are a 'Hall Of Fame' Host/Model, 'ImLive Diamond' Host/Model or Celebrity Porn Star Host/Model, as defined on the Site, the Company Fee is 65% of what any Guest/Member pays for every minute in your HGCS, in the "Live Sex Chat" zone.
If you bring a new Guest/Member to the Site, the Company Fee is 30% of what such Guest/Member spends while chatting with you in an HGCS and/or MMCS, in the "Live Sex Chat" zone.
In the event that a Guest/Member uses credits that were awarded to him/her as a bonus, The Company Fee will be 80% of what such Guests and/or Members pay when using bonus credits, for every minute in your HGCS and/or MMCS and 80% of what Guests/Members pay for viewing your videos and/or other materials as described on the Site, in the "Live Sex Chat" zone. This applies to all Host/Models including 'Hall Of Fame' Host/Models, 'ImLive Diamond' Host/Models and/or Celebrity Porn Star Host/Models.

30 minute and 60 minute Sessions: This section applies to all Host/Models, including Celebrity Porn Star Host/Models who charge 5.80 ImLive Credits or less per minute. Where you offer your Guests and/or Members a 30 minute or 60 minute session, the Company Fee shall be as stated in Section 12(b) above.
15 minute and 30 minute Sessions: This section applies only to Celebrity Porn Star Host/Models who charge 5.90 or more ImLive Credits per minute. Where you offer any Guest/Member a 15 minute or a 30 minute session:

In the event that you provide a full session, the Company Fee is as follows:

15 minute Session - 15 minutes multiplied by otherwise applicable HGCS and/or MMCS charge-per-minute multiplied by 20%.

30 minute Session - 30 minutes multiplied by otherwise applicable HGCS and/or MMCS charge-per-minute multiplied by 30%.
In the event that a Guest/Member uses credits that were awarded to him/her as a bonus, The Company Fee will be 80%, of what such Guests and/or Members pay when using bonus credits, for every minute in your HGCS and/or MMCS. This applies to all Host/Models including 'Hall Of Fame' Host/Models, 'ImLive Diamond' Host/Models and/or Celebrity Porn Star Host/Models.

15 minute planned sessions - the number of minutes of the HGCS and/or MMCS in fact multiplied by the otherwise applicable HGCS and/or MMCS charge-per-minute multiplied by 20%.

30 minute planned sessions - the number of minutes of the HGCS and/or MMCS multiplied by the otherwise applicable HGCS and/or MMCS charge-per-minute multiplied by 30%.

Discount Club: Where a Guest/Member participates in a "Discount Club", pursuant to which such Guest/Member redeems an amount of ImLive Credit (redemption of ImLive Credit may not be required in certain cases for promotional purposes) at the beginning of the applicable time period and is able to obtain a discount from a particular Host or Host/Models during such time period (all as stated on the Site), the Company Fee is 100% of any amount of ImLive Credit redeemed at the beginning of any such period, together with the Company Fee otherwise applicable in accordance with this Section 14 with respect to the discounted rate charged by such Host/Model.

13.2. The Company shall be entitled to charge the following Company Fee to Host/Models performing in the Company's Special Deals sites in consideration for provision of the Services to such Host/Model based on which such Host/Model provides Host/Model Services in the "Live Sex Chat" zone:

Company Fee Per Minute:

The Company Fee is 70% (including 'Hall Of Fame' Host/Models or 'ImLive Diamond' Host/Models) of what your Guests and/or Members pay for every minute in an HGCS and/or MMCS, and 70% of what Guests/Members pay for viewing videos and/or other materials of yours, as described on the applicable Special Deals site, in the "Live Sex Chat" zone.

13.3 Host/Model Fee: the Host/Model fee will be calculated based on the US dollar currency (irrespective of the currency the Guest/Member used to purchase the Services).

THIRD PARTY PRODUCTS:

The Host/Model understands that products which may be made available or sold on the Site are not manufactured by the Company but are manufactured by others ("third party products"). The Host/Model understands and agrees to the use of any such products only in compliance with any manufacturer's instructions for use accompanying such products. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND THE COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any use of optional third party products offered through the Site is entirely at the Host/Model's own risk and discretion and the Host/Model agrees to ensure familiarity with and approval of the terms provided by the relevant third party provider/ manufacturer(s).

Kiiroo interactive pleasure products: By using the Kiiroo interactive pleasure products, the Host/Model hereby agrees to all of the Terms and Conditions for Kiiroo interactive pleasure products that may be viewed here:

https://www.kiiroo.com/pages/terms-and-conditions

DISCLAIMER OF WARRANTIES

THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION OR THE ABILITY OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS APPLICATION OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS APPLICATION AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR AFFILIATES OR SUPPLIERS OR OUR/OUR AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME, THIS AGREEMENT OR ANY HOST-GUEST AGREEMENT AND/OR MODEL-MEMBER AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES, THE ANCILLARY SERVICES AND THE SITE AND PROVIDING ANY HOST/MODEL SERVICES, AND TO CEASE USING THE APPLICATION.

THIRD PARTY LINKS AND PRODUCTS

VIA OR IN CONNECTION WITH THE SERVICES, THE ANCILLARY SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.

INDEMNIFICATION

You shall indemnify and hold the Company, the owners, operators and suppliers of the Site as well as their officers, directors and employees (collectively 'Indemnified Parties') harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Site including without limitation via the Chat System. Such claims shall include, without limitation, claims in respect of any violation of law in an HGCS and/or MMCS (or in the content/information transmitted in the HGCS and/or MMCS and/or transmission of Forbidden Content) by you or any participant therein, claims of infringements of the intellectual property rights of any third party or claims that you are or were an employee of any of the Indemnified Parties.

TERMINATION

Both the Host/Model and the Company may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of such termination, the Host/Model shall immediately cease using the Services and the Ancillary Services, and cease providing the Host/Model Services.

BREACH

If the Company suspects that any Host/Model has breached any provision of this Agreement, including any of the following sections: Section 6(e) (Forbidden Content); 6(f) (Adult Activity other than in Live Sex Chat zone); 7(b) (Non-Provision or Falsification of Documents); 8(b) (Promoting Other Businesses using the Services or Ancillary Services); 8(c) (Promoting Other Businesses to any Guest/Member); 8(e) (Forbidden Emailing Activities); 13 (Live Sex Chat); or 14(b)(iii) (Non-Availability During Candy Show Video Chat); or has breached any provision of any Host-Guest Agreement and/or Model-Member Agreement, the Company shall be entitled to delay remittance of any Host/Model Service Payments to the Host/Model and block access of the Host/Model to the Services and the Ancillary Services during an investigation period.
In the event that the Company determines in its sole discretion that the Host/Model is in fact in breach as aforementioned, the Host/Model shall cease using the Services and the Ancillary Services immediately, and the Company shall permanently block the access of the Host/Model to the Services and the Ancillary Services. In addition, the Company shall be entitled to fine the Host/Model in the amount of:

$5,000, in the event of breach of Section 8(b) (Promoting Other Businesses using the Services or Ancillary Services) or 8(c) (Promoting Other Businesses to any Guest/Member); or
$100, in the event of breach of Section 14(b)(iii) (Non-Availability During Candy Show Video Chat); or
All unpaid accrued Host/Model Service Payments owing to such Host/Model in the event of breach of any breach mentioned in Section 20(a) above (including by way of alternative fine to those mentioned in subsections (i) and (ii) above, at its sole discretion).

CONFIDENTIALITY

Host/Model shall keep in strict confidence any and all materials and information regarding the Company's technological systems and business, commercial and marketing methods and trade secrets. This provision shall survive termination of this Agreement by either party.

SEVERABILITY
To the extent that a court of competent jurisdiction or applicable law determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

WAIVER

No employee, agent or representative, including without limitation any customer service representative, of the Company shall be entitled to waive any term of this Agreement. You agree that any claim you may have against the Company, including Company's past or present employees or agents, shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against the Company.

HEADINGS

Headings of sections in this Agreement are included for convenience only and shall not be used to interpret the Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws, and shall be subject to the exclusive jurisdiction of the competent courts located in the Principality of Andorra.