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18 U.S.C 2257 Record-Keeping Requirements Compliance StatementPrivacy policy | Terms and conditions | Web Safety Ratings From McAfee
Terms of usage
Terms of usage
This Agreement contains the complete terms and conditions which apply to your participation as performer acting in Sexynlive shows. The parties to this agreement hereinafter are Sexynlive.com ("COMPANY", , Net Factory Group LLC, "we", "our", or "us") and you the Affiliate ("Performer","Host","Modell", "Participant", "you", "chat host", "yours").
Net Factory Group LLC may, from time to time, change the Terms and Conditions. You agree to review the Terms and Conditions periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section below. Please note that your continued use of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes. Sexynlive will send notices prior 7 days about modifications.
In fulfilling its obligations under 18 U.S.C. 2257, Net Factory Group LLC relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the hosts or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257.
General:
(1,) Access to the Host section is restricted to adults eighteen (18) years of age or older (or not less than the valid age of adulthood if such age is greater than eighteen (18) in such Customer's jurisdiction of residence or place the Customer uses Sexynlive website), and access to minors of the Site is strictly prohibited;
(2,) You are solely and entirely liable for all activities on the Site and connected to the Site, conducted through your account. You should choose your own screen name, username and password. Net Factory Group LLC owns all screen names,informations used on the Site.
In consideration of the mutual promises contained herein, the parties agree as follows:
(1,) Definitions
Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings attributed to them in Exhibit A hereto.
(2,) Grant of licenses
2.1 Grant of Licenses. Subject to the terms and conditions of this Agreement Licensor hereby grants to Net Factory Group LLC Property Rights:
(a) A non-exclusive, worldwide license to use, modify, reproduce, distribute, display and transmit the Host's Content ( infos,screen names,pictures,videos,contract files,re-production rights) in electronic form in connection with the affilated site via the Internet, and to permit users of the Affilated Website to view and use the Licensor Content for personal use. Net Factory Group LLC's license to modify the Licensor content shall be limited to modifying the Licensor Content to fit the format and look and feel of the Affilated Site's Property.
(b) A non-exclusive, worldwide, fully paid license to use, reproduce and display the Licensor's Brand Features: (1) in connection with the presentation of the Licensor Content on the Content Pages in the Net Factory Group LLC Properties; and (ii) in connection with the marketing and promotion of the Net Factory Group LLC Properties.
(c) Net Factory Group LLC shall be entitled to sublicense the rights set forth in this Section 2.1 (1) to its Affiliates only for inclusion in Net Factory Group LLC Properties, and (2) in connection with any mirror site, derivative site, or distribution arrangement concerning a Net Factory Group LLC Property.
4. Restrictions.
We will immediately terminate your participation in the SexyNlive affiliate program should you promote our program in any of the following ways:
Spamming of any sort, meaning they are not opt- in emails; IRC/ICQ/AOL/MSN mass-messaging, and/or newsgroups;
You promote child pornography; You advertise other not affilated websites; You promote rape; You promote violence; (if you are not sure what is allowed,please contact us) You promote illegal activities; Attempts to cheat, defraud or mislead us in any way; I will not get in touch with user for the purposes of prostitution, escorting, or related activities.
For any other reason deemed to be reasonable by us.
SexyNLive reserves the right to cancel your participation in the affiliate program at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited mailings (i.e. spamming),association with other sites whose content goes against our policies, or if you submitted wrong/fake id/realese/contract forms. Such cancellation shall result in the forfeiture of any accumulated unpaid commission.
Payment:
(1,) As a participating Performer in the SexyNLive program we will pay you up to 43% of all revenue generated by the private shows. Commission rates can be changed where notices will be made on the SexyNLive website and/or sent by e-mail... There is no way for us to pay for a visitor whose payment cannot be tracked due to their browser settings.
(2,) Payment will be made twice a month, on the fifth (5th) and twentyth (23rd) for the pay periods from the first (1st) to fifteenth (15th) and from the sixteenth (16th) to thirtieth (30th/31st) accordingly. Minimum payment is one hundred (100) US dollars. Minimum payment can be changed inside the host area. Please remember that payments are made according to our performer's stats. All personal member information is kept in the strictest confidence and will not be included in the performers's stats. All payments are made in U.S. funds.
(3,) Witheld money 10% of your pay per view funds may be withheld for a period of not more than 6 months if it is determined by us or our Merchant Bank that a transaction may result in a refund, charge back, or other negative monetary situation for the company. Furthermore any pay per view session that you perform that later results with the paying member requesting a refund that is determined to be a valid request because of technical issues, the host not being in front of the camera, or any other formal complaint that is determined to be valid, or from a member later submitting a charge back, these funds in question will be deducted from your account to cover
(4,) For tax and all other purposes, you are not employee/employer, through a common-law employee/employer relationship or actual employee/employer of SexyNLive.
Authority.
(1,) Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between you and SexyNLive. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.
Limitation of Liability.
(1,) Net Factory Group LLC will make every effort to keep its websites operational at all times. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant agrees not to hold SexyNLiveliable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program.
Disclaimers.
(1,) Net Factory Group LLC makes no warranties, representations or conditions with regard to the program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. We make no representation that the sites operated under this program will be error-free or uninterrupted, and will not be held responsible for any errors or interruptions.
Miscellaneous.
(1,) This agreement may not be assigned, by operation of law or otherwise, without the prior written consent of Net Factory Group LLC . Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Net Factory Group LLC and the participant are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY PARTICIPATING IN OUR PROGRAM YOU AGREE TO HAVE AN UNDERSTANDING OF THESE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CAN NOT PARTICIPATE IN OUR PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Net Factory Group LLC may, from time to time, change the Terms and Conditions. You agree to review the Terms and Conditions periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section below. Please note that your continued use of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes. Sexynlive will send notices prior 7 days about modifications.
In fulfilling its obligations under 18 U.S.C. 2257, Net Factory Group LLC relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the hosts or performers, are exempt from the record-keeping requirements of 18 U.S.C. 2257.
General:
(1,) Access to the Host section is restricted to adults eighteen (18) years of age or older (or not less than the valid age of adulthood if such age is greater than eighteen (18) in such Customer's jurisdiction of residence or place the Customer uses Sexynlive website), and access to minors of the Site is strictly prohibited;
(2,) You are solely and entirely liable for all activities on the Site and connected to the Site, conducted through your account. You should choose your own screen name, username and password. Net Factory Group LLC owns all screen names,informations used on the Site.
CONTENT LICENSE AGREEMENT
THIS CONTENT LICENSE AGREEMENT (the "Agreement") is made as of the date of signing (the "Effective Date") between Net Factory Group LLC and The Host.In consideration of the mutual promises contained herein, the parties agree as follows:
(1,) Definitions
Unless otherwise specified, capitalized terms used in this Agreement shall have the meanings attributed to them in Exhibit A hereto.
(2,) Grant of licenses
2.1 Grant of Licenses. Subject to the terms and conditions of this Agreement Licensor hereby grants to Net Factory Group LLC Property Rights:
(a) A non-exclusive, worldwide license to use, modify, reproduce, distribute, display and transmit the Host's Content ( infos,screen names,pictures,videos,contract files,re-production rights) in electronic form in connection with the affilated site via the Internet, and to permit users of the Affilated Website to view and use the Licensor Content for personal use. Net Factory Group LLC's license to modify the Licensor content shall be limited to modifying the Licensor Content to fit the format and look and feel of the Affilated Site's Property.
(b) A non-exclusive, worldwide, fully paid license to use, reproduce and display the Licensor's Brand Features: (1) in connection with the presentation of the Licensor Content on the Content Pages in the Net Factory Group LLC Properties; and (ii) in connection with the marketing and promotion of the Net Factory Group LLC Properties.
(c) Net Factory Group LLC shall be entitled to sublicense the rights set forth in this Section 2.1 (1) to its Affiliates only for inclusion in Net Factory Group LLC Properties, and (2) in connection with any mirror site, derivative site, or distribution arrangement concerning a Net Factory Group LLC Property.
4. Restrictions.
We will immediately terminate your participation in the SexyNlive affiliate program should you promote our program in any of the following ways:
Spamming of any sort, meaning they are not opt- in emails; IRC/ICQ/AOL/MSN mass-messaging, and/or newsgroups;
You promote child pornography; You advertise other not affilated websites; You promote rape; You promote violence; (if you are not sure what is allowed,please contact us) You promote illegal activities; Attempts to cheat, defraud or mislead us in any way; I will not get in touch with user for the purposes of prostitution, escorting, or related activities.
For any other reason deemed to be reasonable by us.
SexyNLive reserves the right to cancel your participation in the affiliate program at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited mailings (i.e. spamming),association with other sites whose content goes against our policies, or if you submitted wrong/fake id/realese/contract forms. Such cancellation shall result in the forfeiture of any accumulated unpaid commission.
Payment:
(1,) As a participating Performer in the SexyNLive program we will pay you up to 43% of all revenue generated by the private shows. Commission rates can be changed where notices will be made on the SexyNLive website and/or sent by e-mail... There is no way for us to pay for a visitor whose payment cannot be tracked due to their browser settings.
(2,) Payment will be made twice a month, on the fifth (5th) and twentyth (23rd) for the pay periods from the first (1st) to fifteenth (15th) and from the sixteenth (16th) to thirtieth (30th/31st) accordingly. Minimum payment is one hundred (100) US dollars. Minimum payment can be changed inside the host area. Please remember that payments are made according to our performer's stats. All personal member information is kept in the strictest confidence and will not be included in the performers's stats. All payments are made in U.S. funds.
(3,) Witheld money 10% of your pay per view funds may be withheld for a period of not more than 6 months if it is determined by us or our Merchant Bank that a transaction may result in a refund, charge back, or other negative monetary situation for the company. Furthermore any pay per view session that you perform that later results with the paying member requesting a refund that is determined to be a valid request because of technical issues, the host not being in front of the camera, or any other formal complaint that is determined to be valid, or from a member later submitting a charge back, these funds in question will be deducted from your account to cover
(4,) For tax and all other purposes, you are not employee/employer, through a common-law employee/employer relationship or actual employee/employer of SexyNLive.
Authority.
(1,) Nothing in this agreement will serve to grant you any authority to act on our behalf. You will remain independent of us at all times. You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between you and SexyNLive. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of the terms of this Agreement.
Limitation of Liability.
(1,) Net Factory Group LLC will make every effort to keep its websites operational at all times. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant agrees not to hold SexyNLiveliable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program.
Disclaimers.
(1,) Net Factory Group LLC makes no warranties, representations or conditions with regard to the program, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. We make no representation that the sites operated under this program will be error-free or uninterrupted, and will not be held responsible for any errors or interruptions.
Miscellaneous.
(1,) This agreement may not be assigned, by operation of law or otherwise, without the prior written consent of Net Factory Group LLC . Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Net Factory Group LLC and the participant are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY PARTICIPATING IN OUR PROGRAM YOU AGREE TO HAVE AN UNDERSTANDING OF THESE TERMS AND CONDITIONS SET FORTH HEREIN. YOU CAN NOT PARTICIPATE IN OUR PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
