The terms of this broadcaster services agreement (the “Agreement”) govern the relationship between you, on one side, and docler.com (the “Website”) on the other side, regarding your provision of services on docler.com.
In this Agreement “Website Operator” means Docler S.à r.l., with the registered address at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg.
- I or me or you
Either Broadcaster, Studio, or both of them, as the case may be.
An entity either legal or natural who provides teaching, advisory and coaching services through the Website. A Broadcaster may perform and/or upload exclusively proper original content/creations (i) and content in synchronization with the songs from broadcaster.docler.com Broadcaster Center Music Library (the conditions of such performances and uploads being detailed in article 2 to the present Agreement) (ii). A Broadcaster interacts with Visitor(s) and/or Customer(s) (as defined below) of the Website performs services at the request of the Customer(s) exclusively to the Customer(s), through the Website. The Website Operator acts exclusively as a provider of technical solution (cf. live streaming platform/software) that enables both, the Customers and the Broadcasters to interact and communicate virtually with each other.
Together the Free and the Private Broadcasts (defined below).
The online workplace of the Broadcaster where the latter live streams its performances and/or whereto the latter uploads original content (its own creations), which allows the Broadcasters to provide free or value-added Services (i.e. Free and/or Private Broadcasts) to Visitor(s) and/or Customer(s).
- Content or Services
Services rendered by the Broadcaster on the Website, more precisely, performing original, self-made, live entertainment in various fields (depending on the chosen category of Broadcaster), like Teaching, Coaching, Advisoring (i) and providing original, self-made VOD content like videos, events, and any kind of content that may be visible either by the Customer(s) upon subscription of the latter to the Broadcaster’s Fan Club or by the Visitor(s) on a limited basis (ii). When a Member pays for the Services then these are called Premium Services
- Credit Balance
The Members have the opportunity to obtain Credits to pay for Premium Services, by purchasing packages. The payments are securely processed by our payment processors, and the purchased Credits consequently appear on the Member’s account as a balance.
- Fan Club
A Broadcaster’s Fan Club consists of a Free and a Premium VOD content area. The Premium VOD content area is only available for Members who pay for the service (i.e. the Premium VOD content is part of the Premium Services), while the Free VOD content area is available to all Members and Visitors. The price for the subscription to a Broadcaster’s Fan Club is determined by the Broadcaster themselves.
- Free Broadcast
An uninhibited / simple / spontaneous option the Member has to interact with Broadcaster in a form of writing on-screen text messages (through the, so called, chat tool, a technical application implemented into the Website).
- Private Broadcast
Private Broadcast is a value added streaming service, where the Members can watch premium live content (i.e. Broadcaster’s performances) and they are permitted to write or even talk (voice communication) with Broadcasters face-to-face or in group with Members in exclusion from the Visitors. The Private Broadcasts are part of the Premium Services.
An entity either legal or natural who provides teaching, coaching, advising services through the Website while contracting Broadcasters. Studios shall be bound by all terms set out herein pertaining to Broadcasters, and ensure that all Broadcasters, contracted by the Studio, are acting in compliance with this Agreement on the Website.
- Member or Customer or Subscriber
Persons subscribing and/or buying the Services on the Website.
Persons visiting the Website without registering to the Services of these websites. A Visitor has limited access to the Services offered through the Website.
Recordings of the Broadcasts and/or recordings of the original self-made content uploaded by the Broadcaster to the Website. A Broadcaster may choose to allow the Visitor(s) to see VOD from its Fan Club for free, as part of its proper marketing strategy to attract Customer(s), in order for the latter to either spend more Credits on the Broadcaster’s performances or subscribe to the Broadcaster’s Fun Club.
- Website Operator
The company providing live streaming technology platform (video – chat website) composed of numerous applications, widgets, tools, data, etc. that serve exclusively as a technical tool for the Broadcasters, from one side, and the Visitors or the Members, from the other side, to interact / communicate with each other. Said platform allows the Broadcasters to provide Services to the Visitors and/or the Customers and monetize their respective Contents.
- Whether natural or legal persons, the Broadcasters are acting under this Agreement as professional services providers in the frame of their business/professional activities when rendering their Services (not consumers).
- By means of the present Agreement, I expressly mark my interest to render Services as a Broadcaster on the Website promoted by the Website Operator and its affiliates, which currently manages a business to consumer (B2C) interactive live streaming video chat website.
Content and Services
- The content that the Broadcaster is streaming live and/or is uploading on the Website (i.e. streaming live content, content available in Broadcasters’ respective Channels or Fan Clubs or Broadcasters’ VOD content) must respect clear conditions defined hereto. The Broadcaster may provide exclusively performances or uploads of Broadcaster’s proper original works and/or material, declaring that the latter are its own creations (i.e. made by his/her/it), moreover these creations are not declared and/or registered and/or submitted to / before any collecting society for authors rights. The Broadcasters must not violate intellectual property rights of any third party. Streaming / broadcasting and/or uploading third-parties’ content and pretending that this content belongs to you is strictly prohibited on the Website and will be at the sole responsibility of the Broadcaster. Any performance of the Services hereto are done at your own risk and the Website Operator will not assume any responsibility whatsoever in the event you infringe third-parties’ content. The Broadcaster may however perform the Services using as background sound the songs that are listed in the broadcaster center Music Library. The list of songs in this Library may change from time to time as decided by the Website Operator at its own discretion. The Website Operator is constantly improving this Library and negotiating licensees with partners to provide the Broadcasters with large choice of background songs / sounds.
- When a Broadcaster chooses to register, the Website Operator enables the Broadcaster to further chose one or several categories in which the latter shall appear (referred hereto as “Tags”) as disclosed during the registration process to the Website. The Tags are depending on the Broadcaster’s Category. The Tags available on the Website are subject to change without prior warning from the Website Operator. Said amendments / changes shall be done from time to time with respect to requirements from Member(s) and/or Broadcaster(s).
- In order to improve the efficiency of the above-mentioned Services, I am authorized to use the Customer Support provided by the Website Operator and/or its services providers, whenever deemed convenient.
- I hereby certify that the Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently, the present Agreement does not determine my place or schedule for rendering the Services. The Website Operator does not tell me what my lawful Content / Services shall be, since I am fully aware, as a Broadcaster, that I must provide reliable and efficient Services in full compliance with the applicable legislation and the terms and conditions of the present Agreement.
- The Services shall be rendered by me with total autonomy and independency, notably as regards the Content provided. Therefore, I am completely responsible and liable for my own actions, videos, audio, chat, dialogue, recorded videos, advices and all decisions related to the provision of the Services hereto, as well as the monetization of my Content through the Website. I agree and acknowledge that my actions as a Broadcaster are made at my own discretion.
- Notwithstanding the above, I am acting under this Agreement as a professional when rendering the Services, nevertheless it is not intended that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary diplomas, it being my responsibility to keep the end users (Visitors and/or Customers) duly aware of that fact. I understand that I am not in any way an employee of the Website Operator and/or of any other entity related to the Website Operator.
- I hereby declare that under this Agreement I will render the Services of high quality, I will not provide any knowingly wrongful or misleading information to the Visitor(s) and/or Member(s) of the Website and that at any moment I will be acting honestly and professionally.
- The Website Operator respects the intellectual property rights of any third party / entities and expects the Broadcasters to do the same. In respect of applicable laws, the Website Operator will respond expeditiously and promptly to claims of copyright infringement committed using the Website that are reported directly to Support of docler.com.
- The Broadcasters are not allowed to provide any sexually explicit material (either video, photography, stream or creative writing). The Broadcasters must not show any nudity in front of the camera or any other action which is against the standards of good taste.
- The Broadcaster undertakes not to provide any illegal, harmful, obscene, hateful, racial, ethnical or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while rendering the Services under this Agreement.
- Advertising other websites (youtube.com, justintv.com and cobrands, ustream.com, dailymotion.com, metacafe.com, vimeo.com etc.) or services is strictly prohibited, unless expressly allowed by the Website Operator in this Agreement.
- The Website Operator reserves the right to apply immediate and permanent suspension / termination of the present Agreement in case a Broadcaster’s name is offensive or violates the principles hereto and/or the intellectual property rights of third parties.
- The Broadcasters have the option to kick or ban impolite Visitors and/or Customers from the Website, although it is against the rules to misuse this function. Making derogatory statements about other Broadcasters or Visitors and/or Customers is prohibited. Although you are obliged to respect and follow the instructions of the staff of the Customer Service. If you need help, do not hesitate to contact our Customer Service.
- The Studio enters into this Agreement in view of providing Coaching, advising and teaching services through the Website while contracting Broadcasters. In any case, the Studio is solely responsible towards the Website Operator for all acts and omissions of its Broadcasters on the Website.
- The Studio understands and agrees that it is its responsibility to determine the terms and conditions of the contract between the Studio and the Broadcasters; that the Studio shall autonomously and independently determine without any influence of the Website Operator, provided that such contract does not result in the violation of the Broadcaster’s obligations under the present Agreement. Accordingly, the Broadcasters of a Studio shall not be in a contractual or any other relationship of any nature with the Website Operator. The Studio agrees that it shall remain solely and completely responsible and liable for all the content, actions, omissions, chat, dialogue, and any other entertainment services rendered on the Website.
Rights to the Image and Authors’ rights
- I agree and acknowledge that the Website Operator does not review the Broadcaster’s Content a prior before any release / broadcasting. However, I expressly authorize the Website Operator to monitor, record and log all my online activities (including Free or Private Broadcasts, VOD, chat, e-mail, etc.) and/or implement on the Website a technical tool that detects automatically copyright infringement, when need arises. I understand that the above is necessary in order for the Website Operator to detect if a Broadcaster is infringing third parties’ copyrighted material in the course of the provision of the Services on the Website, as well as to ensure that the Broadcaster respects the terms hereto. I understand however that such action or initiative from the Website Operator is not a general obligation imposed to the Website Operator acting exclusively as a provider of technical platform for you to be able to host your Broadcasts and VOD and to provide the Services hereto to Visitors and/or Customers.
- I recognize and hereby authorize the Website Operator to review any Content (uploaded and/or displayed on the Websites) for violation of applicable and/or relevant policies in place from time to time and notably after reception of a DMCA notice by the Website Operator. Any forbidden content will be immediately removed by the Website Operator. Notwithstanding the above, I am aware that it is not the Website Operator’s duty to proceed with such revision and therefore the latter shall not be deemed responsible, either jointly or severally, in case of any Content displayed, as a result of my unlawful conduct.
- The Broadcaster acknowledges and agrees that his/her/its performances on the Website of his/her/its original works and/or material (cf. the Broadcasts and any VOD) and all rights therein, including, without limitation, authors’ rights to such recorded works and materials, are specially commissioned by the Broadcaster as a work made for hire and belong to and shall be the sole and exclusive property of the Broadcaster.
- I hereby guarantee to the Website Operator that my proper original content and/or the uploaded work or material is my exclusive ownership. In this respect, I agree and acknowledge that uploading someone else's work or material is strictly prohibited and constitutes a violation of this Agreement, that may result in its immediate termination without notice, with the possibility for the Website Operator to claim damages for the prejudice suffered due to said litigious performances and/or uploads (i.e. litigious Broadcasts). The Broadcaster must be the copyright holder (original creator) of the whole package the Broadcaster streams live or uploads (pictures, videos, stories, jokes, etc.). If you are not the owner at 100 % of the Content, you cannot perform it or upload it to the Website. In any ways, your Broadcasts are at your responsibility and the Website Operator cannot be held responsible in the event of infringement claims from third parties.
- By performing the Services hereto through the Website (live streaming and/or uploads), I hereby grant to the Website Operator a worldwide, nonexclusive, irrevocable, unrestricted, sub-licensable and transferable license to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, make adaptations, distribute, perform, display and otherwise exploit your Content, in any form, format, media or media channels now known or later developed or discovered (like for example, on our related and/or affiliated websites, on televisions, on exhibitions, both, online and physical disclosure / streaming / distribution of the Content on our or third parties’ linear and/or online and/or on-demand channels and social networks, etc.), for so long as the underlying intellectual property rights and any neighboring rights are enforceable. You grant to the Website Operator and our sub-licensees the right to use the name that you submit in connection with that Content, if we or they choose.
- I acknowledge that the compensation I receive, which is a percentage of my earnings for rendering the Services to the Customers under this Agreement, is a fair and valuable compensation for the license here above detailed, and I would not claim any additional compensation for said license granted to the Website Operator.
- I hereby expressly waive my performing rights as well as all rights to royalties that might be due to me in relation to said performing rights as regards the performances of the Services hereto through the Website.
- As regards my image rights, I hereby grant permission to the Website Operator to use any images of me as a Broadcaster at its sole and complete discretion as long as said usage is related to the operation with the Website and the promotion of the Website. Such use includes, without limitation, any and all recordings, captures, screenshots and formats now or in the future of my live streaming performances, the display, distribution, publication, transmission, or otherwise use of recordings, photographs, images, and/or video recorded or taken of me and/or including myself during the performance of the Services hereto for use in materials that include, but may not be limited to, material and/or immaterial recordings of all kind, nature and format now or in the future, printed materials (e.g. marketing material, brochures, news releases and newsletters), immaterial material (e.g. videos, and digital images) for release to the public through the Website, or on other related or affiliated websites or incorporated into any and all works, material, projects, etc. I also grant to the Website Operator a license to use my sound, voice, photograph, name (real or fictional), likeness, activities and performances of the Services hereto (including promotional activities and so-called “behind-the-scenes" and "making-of” audio and audio-visual recordings) for the purpose of this Agreement. I also know, understand, and appreciate the risks that are inherent with the above permission granted to the Website Operator. I hereby assert that my execution of this consent is voluntary and that I knowingly assume all such risks on behalf of myself. I understand that by agreeing to this clause I am releasing claims and giving up substantial rights, including my right to sue for any reason whatsoever. I also hereby indemnify, defend, and hold harmless the Website Operator, and their licensees against any and all legal claims and proceedings of any description that may have been asserted in the past, or may be asserted in the future, directly or indirectly, arising from my inscription to the Website and performances of Services.
- I agree, that the Website Operator may edit my appearance in order for the latter to fit into the Website (and that I waive any and all moral rights, to the extent permitted by law, that I may have), and I understand that the Website Operator has no obligation to use my appearance. Such editing is exclusively done from technical point of view and in no ways will be considered as an intervention of the Website Operator into the Content.
- I agree that pictures may be made from video (via webcam or by other means, such as screenshots of the Broadcaster’s performances and/or VOD and/or other Content), and I grant to the Website Operator and any of its successors, licensees, and assignees, a license to use said pictures, without further payment to me (other than the compensation I receive, which is a percentage of my earnings for rendering the Services under this Agreement), in printed publications, digitally on the internet, via CD, or any other media, exclusively for the operation with and promotion of the Website.
- I hereby expressly waive any further financial compensation for any of the rights granted to the Website Operator under this Agreement.
- I agree, that the Website Operator reserves a right to transfer or assign any of the above mentioned rights to its group companies or any other person if the need arises.
- I hereby agree and acknowledge that the Website is owned and operated by the Website Operator, and all Website Operator’s logos, the visual interfaces of its websites, graphics, design, compilation, information, software, computer code (including source code or object code), chart graphic, etc. (collectively, the “Website Operator’s IP”) are protected by the IP law and copyrights, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws (including in your country of residence).
- By the present Agreement, you are granted a limited, non-sub-licensable license (i.e. a personal and limited right) to access and use the Website for the provision of the Service hereto and monetization of your Content only. You agree that this license does not include any of the following: (a) any resale or commercial use of the Website Operator’s IP; (b) the distribution, public performance or public display of any Website Operator’s IP (except for Broadcaster’s Content and provision of Services hereto); (c) modifying or otherwise making any derivative uses of the Website Operator’s IP, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading any portion of the Website Operator’s IP or any information contained in the Website, except as expressly permitted by the Website Operator; or (f) any use of the Website Operator’s IP whatsoever, except for the intended purposes. Any use of the Website Operator’s IP except as specifically authorized in this Agreement, without the prior written permission of the Website Operator, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in this Agreement, nothing hereto shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles.
- If you are in an exclusive contractual relationship with any company, you cannot register as docler.com Broadcaster, unless you have been granted a written permission by these entities to perform the Services hereto relating to any Content for which the Website Operator shall not be required to pay any additional compensation and/or royalties to you and/or to said entities and/or to any collecting society, other than the compensation you receive for the Services you provide hereto.
- I hereby certify that I am at least 18 years of age (or 21 when so required by local law), or age of majority in my legal jurisdiction (whichever is greater). I certify that I have reached the age of majority and that I will NOT provide the Website Operator with false identification (including my name, address and date of birth).
- I am fully aware that the Website Operator, will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which origin from the Visitors/Members and/or Broadcasters of the Website or from any other person or third entity to the present Agreement.
- I certify that all decisions related to the rendering of Services are made at my own discretion, that such Services do not violate the local community standard of 'obscenity' in my/their area, nor do they violate any other laws. I am completely responsible for my own actions as a Broadcaster. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am rendering the Services of my own free will.
- I will indemnify and hold the Website Operator harmless from all liabilities related to the Services rendered in the framework of this Agreement. I hereby discharge the Website Operator and all persons (related and/or affiliated companies or partners whatsoever) related to the Website Operator of any past, present, or future liabilities in the framework of this Agreement.
- I further represent that I have fully read and agree with the contents of this Agreement prior to its execution. I have not been induced or forced by the Website Operator, its agents, employees, nor anyone acting on their behalf to sign this Agreement. As I accept the terms of this Agreement I certify that the identification that appears above is true and accurate. I also certify, as a Broadcaster that I will not provide any defamatory, abusive, threatening, racially offensive, copyrighted, or illegal material, and have no intention to support immoral interests.
- I also certify that I will not force anyone to render Services on the Website.
- I understand that if the Website Operator and/or any other entity indicated by it, suspect that I have provided forbidden content, my account(s) will be frozen immediately for further investigation, and that it may result in the permanent termination of my account(s), and in the cancellation, deduction, and/or forfeiture of all payments from the Website Operator to me.
- I hereby acknowledge that Website Operator has the right to, immediately and unilaterally, terminate the present Agreement and any accounts upon the slightest suspicion of forgery or inadequate behavior.
- I also acknowledge the right for the Website Operator and/or any other entity indicated by it, to be fully indemnified for all damages caused by my unlawful conduct or breach of the present Agreement.
- As a Broadcaster, I declare that I will be responsible for my own behavior and Services rendered and I will respect all above mentioned declarations and all obligations applicable for Broadcaster(s) under this Agreement.
- I also declare and agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (indulging without limitation copyrights, rights of publicity or privacy and trademarks) of others.
Representations and warranties
The Broadcaster is solely responsible for its Broadcaster’s Content and the consequences of its performances and uploads, and more generally, for all Broadcaster’s activity whatsoever during the provision of the Services hereto. By performing or uploading a Content, you represent, and warrant that:
- - you are the creator and owner of the Content or otherwise have sufficient rights and authority to grant the rights granted herein,
- - your Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person,
- - your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or
- - unless you have received prior written authorization, your Content does not contain any confidential information of third parties
- The Website Operator reserves all rights and remedies against any Broadcaster who breaches these representations and warranties.
- The Broadcaster is solely responsible for its Broadcaster’s Content and the consequences of its performances and uploads, and more generally, for all Broadcaster’s activity whatsoever during the provision of the Services hereto. By performing or uploading a Content, you represent, and warrant that:
- As a Broadcaster, I allow my personal data and/or the contents I publish and/or stream live on the Website, to be inspected by the Website Operator and any entities indicated by the latter, randomly, resorting to any existing means for such effect. Notwithstanding the above, I am aware that it is not a duty of the Website Operator to proceed with such inspection, and the Website Operator and said entities will not be considered responsible, either jointly or severally, in case of my unlawful conduct and/or provision of false information to the Website Operator and/or publishing / streaming live unauthorized content, works or material on/through the Website.
- I, as Broadcaster hereby expressly authorize the Website Operator, during the execution of the present Agreement and, after termination of this Agreement, during the period necessary for the Website Operator to comply with legal requirements, to collect and process my personal data (including sensitive data) that are provided to the Website Operator under the present Agreement, as well as the technical data related to my connections to the Website, in accordance with the applicable laws, and more precisely with applicable data protection regulation.
- I agree and authorize the Website Operator and/or any other entity indicated by it, to obtain and store information automatically from my computer used to connect to the Website (including cookies).
- I hereby agree and allow the Website Operator to collect, process, and communicate to its processors and its group companies, including the processors situated in countries not ensuring an adequate level of protection according to European Commission, the following types of personal data/information (including sensitive personal data as referred in the applicable data protection regulation): (1) information that I voluntarily provide to Website Operator, such as names, e-mail address, address, date of birth, and other miscellaneous account information submitted through the registration form as a Broadcaster; (2) software and hardware attributes, along with any other data that can be gained from the general internet environment, such as browser type, IP address, etc.; (3) private communications, such as telephone conversations, chat logs, faxes, and letters to Website Operator’s staff, along with chat and e-mail messages to Website Operator’s staff. Website Operator keeps chat logs for a limited period of time.
- The Website Operator will use my personal data for mainly general purposes, such as accounting and management of suppliers, payment processing, contacting me when necessary regarding the Services hereto, notably my performances (live or recorded), when customizing the environment of the Website, for promotional marketing purposes, to the extent allowed by law, and other general purposes.
- I have been duly informed, that the Website Operator grants full cooperation to legal authorities and responds to court orders. I have also been duly informed, that the Website Operator keeps the data collected on an electronic level, being used for the purpose of this Agreement.
- Moreover, I have been informed, that the Website Operator takes serious security measures to grant maximum protection to all data against unauthorized access, modification, disclosure, or deletion. Besides using its own security software and mechanisms Website Operator also incorporates the most advanced security technologies available in order to ensure maximum safety, including its system of built-in captcha technology.
- I agree and I accept, that the Website Operator stores information regarding the computer which logs into the account of the Website (e.g.: location, IP address, browser type, used password), and even stores the login attempts.
- The Website Operator has assured that its employees are bound by confidentiality obligations and that only authorized personnel will be granted access to my personal data processed by the Website Operator.
- I understand that I may obtain a copy of any of my personal information that the Website Operator processes and ask for rectification of any incorrect personal data, upon written request to the contact provided in the present Agreement and indication of the email address to which the information must be sent. If I would like to oppose the processing of my personal data by the Website Operator, I am entitled to terminate this Agreement at any time in compliance with its provisions.
- I hereby declare to hold the Website Operator harmless in case I exercise the right of information foreseen above if my personal data is lost or subject to unauthorized access.
- I shall be responsible and liable for indemnifying, paying the costs of defense and holding harmless the Website Operator, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorney's fees) brought by third parties arising out of or related to the processing of my personal data by the Website Operator.
- I undertake the duty to provide the Website Operator, in writing, with updated information concerning any changes related to my personal data, within the term of five (5) days counted from the occurrence/communication of said changes.
- I also undertake the duty to possess and provide at my own costs the working instruments (including IT tools, like cameras, etc.) necessary for the efficient rendering of the Services established in the present Agreement.
- I undertake the duty to clear out of my recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including the ones concerning author rights) at all times, avoiding unlawful use of trademarks, brands, imagery, and/or registered music.
- I will not solicit, offer, purchase, sell, or propose any business deal, transaction, trade, or other economic deals to the Visitors and/or Members, since I acknowledge that the Website Operator expressly forbids me to do it.
- I hereby certify that I will not have any physical contact with the Members, nor shall I organize any meetings with them or in any other way try to have a contact other than provision of online Services under this Agreement.
- I shall immediately inform the Website Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. I shall also remain exclusively and personally liable for any unauthorized use of the Services offered through my account.
- I shall indemnify, pay the costs of defense, and hold harmless the Website Operator, as well as its officers, directors, affiliates, attorneys, shareholders, agents, and assignees, from any and all claims brought by third parties arising out of, or related to, my conduct, statements, or actions during any appearance on the Website. The provision set forth here above includes without limitation any liability or damage arisen from any comment, recommendation, advice, suggestion, reading, example, conclusion, or other, made by me, as well as for any products, services, information, or other materials displayed, purchased, or obtained by the Visitors and/or Members in connection with the Services.
- I shall fully indemnify and pay any and all costs of defense to the Website Operator in case of breach of any of the clauses set forth in the present Agreement.
- I acknowledge that the amount to be paid by the Members for the Services rendered, within the scope of the present Agreement, will be published on the Website. I, as a Broadcaster, agree with the Website Operator that the amount to be paid by the Members for the Services shall vary from time to time as decided by the Website Operator at its own discretion, and/or in accordance to the charge option chosen (i.e., per minute, per view, per credit, and which are paid by Members to the Website Operator for the Services offered by me through the Website).
- I understand and accept that the amounts to be paid by the Website Operator to me will correspond to certain percentage (varying according to the type of Services) of the chosen charge option (i.e. certain percentage of the price paid by the Members of the Website to the Website Operator) as described above which percentage and charge options will be published on my registration account and/or my sales page (which I can consult before any rendering of Services). I fully understand and acknowledge that the Members of the Website are the customers of the Website Operator.
- I am fully aware that prices shall be due as round American dollar amounts without additional cents. The rounding is based on mathematical rules (round half up-rule). The price referred to in the present clause shall be paid by wire transfer, prepaid card or paper check, provided by 3rd party processors available and chosen at Website Operator’s own discretion.
- I also acknowledge that the price to be paid to me for the Services I, as a Broadcaster, render to the Members, may be proportionally and adequately reduced in case of my unlawful conduct, namely, in violation of the present Agreement and/or applicable legislation.
- The prices per minute or price per view payable by Members and which also constitute the base for counting amounts earned by me as described above are subject to change at Website Operator’s own discretion and upon prior notification to me. In case of substantial change in the amount of available price to charge, I shall have the possibility to terminate the present Services Agreement upon reception of such change; otherwise if I continue providing services through the Websites it shall be considered as tacit acceptance to such changes.
- Credit card fraud is a crime, and Website Operator will do everything in its power to help local and international agents to trace people committing such felonies. Website Operator will NOT pay any fees in case of fraudulent purchases. The purchases MUST originate from the owner of the credit card or have permission from the owner for using their credit cards. The Website Operator team does everything in its power to minimize the percentage of fraudulent purchases. If you know of ANYONE committing such activities please notify us, so that you can help us protect our Websites.
- The breach of the current Agreement may effect a warning from the Customer Service staff. The second occasion may effect a $5 penalty that would be deducted from the Broadcasters earnings on all further occasions $10 will be deducted from the Broadcasters earnings.
Broadcaster Referral Program
You may refer new Broadcasters with any talents to the Website, in which case you are entitled to a commission based on the performance of the referred Broadcaster. On the basis of the price paid by the Website Operator to the Broadcaster in a payment period for his/her Services you shall receive the following commission:
- - 10% of the price paid to the referred Broadcaster in the first year of his/her Services;
- - 5% of the price paid to the referred Broadcaster in the second year of his/her Services;
- - 2% of the price paid to the referred Broadcaster in the third year of his/her Services;
No commission may due to you following the third year of the Services of the referred Broadcaster. The commission is calculated separately regarding each referred Broadcaster. The commission is due to you if the referred Broadcaster:
- - is not already providing Services on the Website or on any websites of the Website Operator, or
- - has not generated revenues and received payments on the Website or on any websites of the Website Operator for at least one year.
- Please note that if you want to apply to the Broadcaster referral program, then following your registration on the Website as a Broadcaster, but before referring any Broadcasters, you have to send an email to email@example.com and wait for the confirmation notice from the Website Operator. Please note that the Website Operator may reject your application to the referral program at its sole discretion.
- No employees of the Website Operator (or any company that belongs to the group of companies of the Website Operator) may participate in the referral program.
- If this Agreement is terminated between you and the Website Operator for any reasons, then you will not be entitled to any more commissions. Please note that if the Website Operator discovers any false or fraudulent referrals by any means, then this Service Agreement will be terminated with immediate effect.
- You may refer new Broadcasters with any talents to the Website, in which case you are entitled to a commission based on the performance of the referred Broadcaster. On the basis of the price paid by the Website Operator to the Broadcaster in a payment period for his/her Services you shall receive the following commission:
Scheduled Private & Group Sessions
- By scheduling a Private or Group Session (the “Special Session”), the Broadcaster agrees to be present at the indicated time. Failure to do so may result in the removal of certain features and/or benefits or any other penalties that may be deemed appropriate by the Website Operator.
- Special Sessions may not be canceled within 12 hours of the indicated session starting time.
Canceling any Special Session without justified cause will result in increasingly escalating penalties which will be applied as follows:
- - First offense: official warning
- - Second offense: 24 hours suspension
- - Third offense: feature deactivation
- A Group Session may be canceled if the amount of sold tickets does not meet the minimum threshold 12 hours before the indicated session starting time.
- Broadcasters must be online on DoclerCam 15 minutes before the Special Session’s starting time. A Broadcaster has 90 seconds to initiate manually the Special Session. If the Special Session is not started by the Broadcaster within this timeframe, such session will automatically start after 90 seconds.
- If the Broadcaster is not online on DoclerCam at the time the Special Session should start, such session is automatically canceled and the ticket purchased tickets are refunded to the members. Additionally, the Broadcaster may receive one of the aforementioned penalties.
- Sessions automatically end and Broadcasters do not need to manually close them. It is recommended that the Broadcasters periodically check the timer, so as to be always aware of the upcoming end of a session.
- This Services Agreement shall be effective as from the date when the Broadcaster registers a Channel on the Website and accepts this Services Agreement and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Services Agreement.
- I am not entitled to assign or transfer my contractual position to any other person/entity. I agree my username/password must not be provided to any other person, otherwise I shall be held liable of the present Agreement.
- I agree that Website Operator has the right to transfer or assign its rights and obligations under this Agreement without limitation.
- Website Operator may make changes to this Agreement, in such case it undertakes the duty to inform me of such changes before they enter into force.
- If any modification is unacceptable to you, you shall cease providing Services to Website Operator. If you do not cease rendering Services, you will be conclusively deemed to have accepted the changes.
- Either party may terminate this Agreement, at any time, based on any reason, upon prior and express notice given in writing (like email) to the other party with a minimum antecedence of 5 (five) business days. The Website Operator may terminate this Agreement immediately in case of serious violation of its terms by the Broadcaster, without prior notice.
- In accordance with the DMCA notice procedure implemented hereto and the intellectual property and other applicable laws in the world (as the case may be), the Website Operator has adopted a policy to immediately terminate without notice any Broadcaster’s account if the Broadcaster is determined by the Website Operator to be a “repeat infringer”. A repeat infringer includes, without limitation a Broadcaster who has been notified by the Website Operator of infringing activity violations more than twice and/or who has had their Content (live streams / uploads / Free or Private Broadcasts / VOD) removed from the Website more than twice. The Website Operator may also at its sole discretion limit access to the Website and/or terminate the Broadcaster’s account, if said Broadcaster infringes any intellectual property rights of others, whether or not there is any repeat infringement. In addition, the Website Operator accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their material.
- If any term or provision of this Agreement shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Services Agreement will not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Applicable law and jurisdiction
- The parties shall irrevocably submit to the exclusive jurisdiction of the courts of Luxembourg City for the purposes of hearing and determining any dispute arising out of this Services Agreement.
- This Services Agreement, all matters arising from it, and any dispute resolutions referred to the above shall be governed by, and construed in accordance with the laws of the Grand Duchy of Luxembourg, notwithstanding conflict of law provisions and other mandatory legal provisions.
- The English version shall prevail of all legal statements, statutory declarations made by the Website Operator, including the present Agreement. The Website Operator does not accept any kind of legal claims or other complaints for misunderstandings resulting from any mistranslation.
- Any notice, recommendation, or advice by each party to the other hereunder shall be provided to the following contact e-mail: firstname.lastname@example.org
By registering as a Broadcaster and providing content on the website you agree to the above mentioned.