1. Acceptance of Terms
Terms and Conditions of Use
- 1.1 Lagertha Video, LLC, a Virginia limited liability company, doing business as inkedcamgirl.com (referred to as “Inkedcamgirl”, “company”, “us”, or “we”), makes available the website inkedcamgirl.com and the related downloadable application (collectively, the “Site”), providing a platform for users to perform on camera online for other users and share adult-oriented digital media, for users to purchase access and view performing users’ said digital media, for performing users to offer and sell digital media and goods to other users, and for users to communicate with each other through private and public messaging (“services”), subject strictly to the user’s compliance with the following terms and conditions of use (“Terms”), as well as any other written agreements between the Site and the users.
- 1.2 These Terms apply to all users, including users who are performing and sharing digital media, whether accessed via computer, mobile device, or other technology, manner, or means.
- 1.3 We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.
- 1.4 As used in these Terms, references to our “Affiliates” include our owners, shareholders, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.
“Media” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, submit, make available, display, communicate or post on, or transmit to other users or other person or access through, a Website. The media on the Site may be adult-oriented media, including sexually explicit images.
- 1.5 BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, OR THE AGE OF MAJORITY IN THE
JURISDICTION YOU ARE ACCESSING A WEBSITE FROM, ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS, IS TO CEASE USING THE SITE.
YOU ALSO REPRESENT THAT THE JURISDICTION FROM WHICH YOU ACCESS A WEBSITE DOES NOT PROHIBIT THE RECEIVING OR VIEWING OF SEXUALLY EXPLICIT CONTENT.
The Site is not intended or directed to children under 18 years of age. We do not knowingly collect personal information from children under 18 nor is that InkedCamGirl’s intention. If you become aware that a child has provided us with personal information without parental consent, please contact us at [email protected] If we become aware that a child under 18 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the account immediately.
1.6 App Access. Any new features or enhancements to the downloadable application (“App”) are subject to the Terms and Conditions of Use of the Site or App. THE APP IS PROVIDED “AS IS” AND INKEDCAMGIRL ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.
By accessing and using the App, you must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country or residence.
You understand that you are responsible for obtaining access to the App and that access may involve third party fees. You are solely responsible for obtaining such access and paying those fees.
You must be at least 18 years of age to access and use the App. If you are 18 years or younger, please do not use this App for any purpose.
2. Information, Entertainment, and Offerings Only
- 2.1 All information provided on the Site is for informational, entertainment, product sales, and purchasing purposes only. The Site is a platform for users to perform on camera online for other users and share adult-oriented digital media, for users to purchase access and view performing users’ said digital media, for performing users to offer and sell digital media and goods to other users, and for users to communicate with each other through private and public messaging. We invite you to bring to our attention any material on the Site that you believe to be factually inaccurate; please forward a copy of such material and the reasons for your belief to [email protected]
- 2.2 You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as comments, data, and information may be posted or communicated by other users of the Site, we are not responsible for their content or services referenced, offered, or recommended.
- 2.3 You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.
- 2.4 All product shipments and performances are handled by independent service providers, including the performing users who film and stream through the Site in addition to shipping goods purchased by users, and independent service providers who facilitate and complete electronic transmission of relevant data between users, as selected and authorized by the user, and conducted with the Site.
While InkedCamGirl takes great care in choosing service providers who adopt and promote strong data and secure transaction protection policies, that data transmission is governed by the respective policies of those providers and is not subject to our control. We are not responsible for the policies or practices of independent third parties. Prior to transferring any funds or datathrough these service providers, please review their Terms of Service.
- 2.5 Please refer to our Purchase Policies for the terms, conditions, and policies applicable to your ordering and purchasing of media or tokens from the Site.. Our Purchase Policies apply to all purchases or orders made as a result of using the Site, and by ordering or purchasing media or token through the Site, you acknowledge and agree to the policies contained in the Purchase Policies. Please review our
Purchase Policies for any changes before any purchase as we reserve the right to change the Purchase Policies at any time.
- 2.6 Purchases can be made by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers or other payment processors. By purchasing digital media or goods from performing users, you hereby consent to and agree to abide by such third-party Internet payment service providers’ or payment processors’ customer terms and conditions, and policies, and understand that InkedCamGirl has no control whatsoever on such customer terms and conditions, and policies. If you cannot agree to such third-party internet payment service providers’ or payment processors’ customer terms and conditions or policies, do not purchase digital media or goods on the Site.
- 2.7 Tax Implications. InkedCamGirl sends Offerings at your direction and based on your direct and indirect selections. Please consult your tax professional or your federal, state, and local tax authorities for any tax implications that may arise. You are solely responsible for paying any applicable taxes.
It is the performing user’s responsibility to remit all applicable sales tax or other excise taxes to the applicable tax authorities to the extent any such tax payment are required. Notwithstanding anything to the contrary hereunder, the performing user hereby undertakes to hold us harmless and to indemnify us, our affiliates and our agents, from any claims made against us and them by third parties, including tax authorities, in regard to any sales tax or other excise taxes, or any withholding thereof, with respect to the performing user’s media or goods purchased by, or licensed to, users. Notwithstanding anything to the contrary in these Terms, you agree and understand that you are solely responsible for the payment of all government, state, and local taxes, levies or any other similar fees.
If we assist you with these obligations, it does not release you from your obligations.
- 2.8 Refunds and Returns. InkedCamGirl does not warrant, endorse, guarantee, or assume responsibility for any service advertised or featured on the Site. Users communicate with and purchase goods from other users or parties at their own risk. Any dispute between users or parties must be resolved between the users or parties.
InkedCamGirl allows users to purchase access to digital media created and offered by other performing users, and tokens for the purchase of goods offered by said performing users through the Site. While the Site provides for the transfer
of funds via tokens purchased on the Site, the Site does not offer nor will it be responsible for refunds of any kind for goods or services purchased from the performing user through the Site or outside of the Site, other than for access to the streaming media delivered by the Site which may be provided at the sole discretion of the Site. Any dispute between users or parties must be resolved between the users or parties.
No refunds will be given for purchased streaming media access for a user’s dissatisfaction of the media.
3. Third-Party Sites and Information. This Site may feature or link to other websites on the Internet or service providers, or may otherwise include references to subject matter, or services made available by unaffiliated third parties. You understand that we are not responsible for the accuracy, completeness, decency, or legality of material hosted by third party websites or statements made by service providers, nor are we responsible for errors or omissions in any references made on those websites or by said service providers. The inclusion of such a feature, link, or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
InkedCamGirl provides the platform for users to perform on camera online for other users and share digital media, for users to purchase access and view performing users’ digital media, for performing users to offer and sell digital media and goods to other users, and for users to communicate with each other through private and public messaging. You understand and agree that your direct correspondence, direct communication, or direct business dealings or participation with other users or service providers found on or through the Site, including direct payments to performing users, i.e. payment tendered to the performing user outside of said platform, or the Site, are solely between users and said providers. You agree that InkedCamGirl shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such service providers on the Site.
The Site, or third parties including other users of the Site, may provide links to other websites or resources. InkedCamGirl has no control over these websites and media and therefore you acknowledge that InkedCamGirl is not responsible for the availability of such links, resources and media, and does not endorse and is not responsible or liable for any media, advertising, products, services, subject matter, or other materials made available on or from these linked web sites. You also acknowledge and agree that InkedCamGirl is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to the use of media, or
services, offered through these links, or for any intellectual property or other third party claims relating to your posting or using such links.
4. Site Conduct, Posting Policies & Third-Party Websites
- 4.1 User Communication. You understand that InkedCamGirl does not inspect, endorse, or provide any of the user performances or their offerings, reviews/feedback, opinions, or services recommended or referenced through the Site. InkedCamGirl merely provides users with a platform for users to perform on camera online for other users and share digital media, for users to purchase access and view performing users’ digital media, for performing users to offer and sell digital content and goods to other users, and for users to communicate with each other through private and public messaging; the services, and/or subject matter recommended, featured, and/or communicated on the Site are offered, provided, and sold directly by independent service providers and businesses, so InkedCamGirl cannot and does not make any warranties about their quality, safety, certification, or even their legality. Any legal claim related to a service you purchase or acquire must be brought directly against said provider. You release InkedCamGirl from any claims related to services sold, acquired, or discovered through use of our Services, including any claims for breach of contract or agreement, misrepresentations by said providers, or any other claim arising out of or related to services or subject matter referenced on the Site.
- 4.2 User-Created Submissions Guidelines: Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any media that you upload, stream, or submit to the Site (“Submissions”). You shall be solely responsible for your Submissions and the consequences of posting, uploading, publishing, streaming, transmitting, or otherwise making available your Submissions on the Site. You understand and acknowledge that you are responsible for your Submissions, and you, not us, have full responsibility for said Submissions, including its legality, reliability, accuracy, and appropriateness. We do not control your Submissions, apart from our right to delete your Submissions that violate these Terms, and we do not make any guarantee whatsoever related to the Submissions submitted or contributed by users. Although we sometimes review Submissions from users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to Submissions from users. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Submissions; and you license to the Site all patent, trademark, trade secret, copyright, or other proprietary rights in and to the Submissions for publication on
the Sites pursuant to these Terms. You further agree your Submissions to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to the Sites all of the license rights granted herein.
By transmitting Submissions, you agree that you will not transmit or upload any Submissions that:
- Are unlawful, threatening, abusive, harassing (including but not limited to “trolling”), defamatory, deceptive, inaccurate, false, fraudulent, tortious, vulgar, invasive of another’s privacy, include graphic descriptions of violent content, or “bukkake” or “goatse”;
- Contain violent, discriminatory, unlawful, infringing, hateful photos or other content, as deemed by InkedCamGirl;
- Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals, in any way, as deemed by InkedCamGirl;
- Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including that of any other user, including unauthorized recording of any content viewed on the Site;
- Contain any form of malicious code, files, programs, or other data or content that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;
- Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of this Site, networks or servers associated with this Site, or attempt to gain access to other networks or servers;
- Impersonate any person or entity, including any other users or our employees or representatives;
- Are shared without the permission or consent of the subject of the Submission, as deemed by InkedCamGirl;
- Promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;
- You know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose;
- Data mine or use InkedCamGirl to collect usernames, e-mail addresses, or other user data by electronic or other means;
- Offer to sell any goods or services or advertise any goods or services for third-parties or parties other than the user.
- Offer to sell any goods or services or advertise any goods or services in the Site’s public forums;
- Feature government, military, or faith-based attire, as deemed by InkedCamGirl;
- Feature the use of overly large sex toys or animal-shaped sex toys unless they are normally marketed and sold for that purpose, as deemed by InkedCamGirl;
- Feature the use of mechanical devices or other unusual equipment without the prior written authorization of InkedCamGirl;
- Feature or suggest that the performing user is intoxicated from alcohol or controlled substances, as deemed by InkedCamGirl;
- Feature content of no entertainment value or inconsistent with InkedCamGirl’s intended content, as deemed by InkedCamGirl, i.e. performing user merely sleeping on camera;
- Featuring public places, the suggestion of a public place, or private property without the private property owner’s written consent;
xxi. Feature individuals without their written consent or non-consensual activity.
Please note that the list above is not exhaustive. InkedCamGirl reserves the right, without notice and in its sole discretion, to remove and delete Submissions and to block your use of or prevent your future access to the Site and any of its services upon its determination that you have engaged in or are engaging in a forbidden activity, whether or not such activity is listed above.
The Site does not permit any form of revenge porn, blackmail, or intimidation. Violations of this policy can be reported by contacting InkedCamGirl at [email protected]
4.3 Performing Users. If you wish to be a performing user on the Site, you need to verify your identity and age. In order to do so, you need to submit to us 1) high- resolution images or scans of a minimum of one to two information documents, containing your date of birth, expiration date of the identification, your photo, your full legal name and your address, and 2) an additional photograph of you holding said information document for each information document submitted. The information document could be, for example, your driver’s license (in countries where a national identification is not mandatory), international passport, citizenship card, state identification, national passport or your national identification card. The other form of identification may be a utility bill. If all the required information is set out on your government-issued photo identification, you do not need a second document. We may, in our sole discretion, require you to provide us multiple forms of identification to establish proof of adulthood and identity.
To the extent you voluntarily join the Site to share your Submissions, your profile (and its contents) may be searchable by other users registered through the Site and other websites that may be partnered or networked with us. Likewise, your profile (and its contents) may be searchable by publicly available search engines.
4.4. Performing User Submissions. As a performing user, you understand that we do not guarantee any confidentiality with respect to any of your Submissions. Subject to what is permitted under applicable law, you are free to choose the type of Submissions you produce and post or publish provided that the Submissions are compliant with these Terms. You shall be solely responsible for your own Submissions and the consequences of posting or publishing such Submissions.
In connection with Submissions you post or publish, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your Submissions to enable inclusion and use of Submissions in the manner contemplated by the Site and these Terms, (ii) all persons depicted in the Submissions freely and voluntarily consented to the production of the Submissions, (iii) you are in compliance with any applicable records keeping (including those imposed by 18 U.S.C. Section 2257 and 28 C.F.R. 75) or age verification laws and regulations, and (iv) you have the written consent, release, and/or permission of each and every identifiable persons in your Submissions to use the name or likeness of each individual for use in your Submissions in the manner contemplated by the Site and these Terms. We may, in our sole discretion, require you to provide us with written evidence of the foregoing. If we require such written evidence, you agree to provide it to us within five (5) working days of the date of our request. If you fail to provide us with such required written evidence within that timeframe, we may, amongst others and in our sole discretion, withhold indefinitely payments to you and/or remove or delete said Submissions.
We are not responsible for any Submissions that violates community standards in your community. If you are seeking information regarding any illegal or inappropriate activities, you agree to leave the Site immediately. We expect and demand that you comply with all federal, state, provincial and local laws when using the Site and when submitting or posting Submissions to the Site. If you are unsure whether or not Submissions will violate a law, you are urged to contact an attorney prior to posting the Submissions. We cannot enforce every jurisdiction’s laws for all Submissions that is posted to the Site. As such, we are not responsible for the Submissions. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Submissions. In this regard, you acknowledge that you may not rely on any content created by us or Submissions transmitted to the Site. You are responsible for all your Submissions that are uploaded, posted, emailed, transmitted, or otherwise made available via the Site. If we have a reason to suspect that your Submissions violate any third-party right, including without limitation any copyright, trademark, or property right, we can require you to provide us with written evidence of your ownership of, or right to use, the material in question. If we require such written evidence, you agree to provide it to us within five (5) working days of the date of our request. Your failure to provide us with such required written evidence within that timeframe may lead to the immediate termination of your account, us demanding compensation from you
for any accrued costs and damages related to such Submissions, and the immediate suspension of any and all pending payments from us to you and/or deleting Submissions.
- 4.5 No Endorsement. We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display or share any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.
InkedCamGirl merely provides users with a platform for users to perform on camera online for other users and share digital media, for users to purchase access and view performing users’ digital media, for performing users to offer and sell digital media and goods to other users, and for users to communicate with each other through private and public messaging. As such, InkedCamGirl cannot verify the accuracy, usefulness, quality, qualifications, or safety of any Submissions and is not responsible for the accuracy, usefulness, quality, qualifications, safety, or intellectual property rights of or relating to any user submissions. If you have a dispute with one or more service professionals, you agree to release InkedCamGirl (and our owners, shareholders, officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, and damages, in any way connected with the dispute.
- 4.6 Personal Safety. InkedCamGirl strongly advises you to use extreme caution before sharing personally identifiable information with service providers featured by the Site or any entity found through use of the Site. Whether to contact another party is at your sole discretion and you do so at your own risk. InkedCamGirl does not conduct criminal background checks on or any screenings of its users, entities, or service providers listed on the Site. InkedCamGirl also does not inquire into the backgrounds or qualifications of its users, featured individuals/entities, or attempt to verify the statements of its users or featured service providers but reserves the right to conduct any criminal background check or other screenings at any time and using available public records. You represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
The nature of the Site promotes communication between users and the exchange of data, which may include personal information. InkedCamGirl cannot and does not assure that it is safe for you to have direct contact with other users of the Site or other individuals or entities found with the use of the Site. Current
technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user or business featured on the Site is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via [email protected] so that we may take appropriate action to block further use of the Site by any user who is using the Site and information obtained from it for improper purposes.
5. The Company’s Intellectual Property
- 5.1 Content. For purposes of these Terms, “content” is defined as any media, information, data, communications, or other materials that can be viewed by users on our Site and is owned by us, our Affiliates, or our licensors such as performing users, including, but not limited to, the Company’s trademarks and service marks, or the programming code used to create and run the Site.
- 5.2 Ownership of Content. All content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights.
- 5.3 Site Use. We grant you a limited, revocable, nonexclusive license to use the content on the Site solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
- 5.4 No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials or services displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
- 5.5 Trademarks. Our trademarks or service marks include, but are not limited to, InkedCamGirl and any related logos. All custom graphics, icons, logos and service names are trademarks or service marks of our corporation or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name, or those of our Affiliates and our licensors.
6. Your Intellectual Property
- 6.2 Copyright Notice. We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).
If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights
and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above in Section 6.2(ii) is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s signature or electronic signature.
Notice may be sent to our Designated Agent at: [email protected]
- 6.3 Removal of Content. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.
- 6.4 Confidential Information. As stated above, all communications sent by you to us will be treated as confidential but with exceptions as defined above (Section 6.1). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions, or business proposals) which you do
not wish to be displayed on the Site unless we have mutually agreed in writing otherwise.
- Privacy & Security
- 7.1 Login Required. In order to the access the services of this Site, or to upload Submissions, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
- 7.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
You will not allow anyone to have access to your username or password and will maintain the safety and security of your login information to prevent any unauthorized access. You will not attempt to, or actually use, any other user’s account. You may not transfer your account to any other person.
In order to use the Site, you are required to register an account. As a registered user, you:
i. Agree to provide true, accurate, current and complete information as required on the Site’s account registration form. If you provide any information that is untrue, incomplete, not current or inaccurate, InkedCamGirl has the right to suspend or terminate your account and refuse your current or future use of the App.
- Agree that InkedCamGirl may, under certain circumstances and without prior notice, immediately terminate your account, any associated username and/or access to the App. Cause for such termination shall include, but not be limited to: i) breach or violation of the Terms and Conditions of Use or other policies, guidelines or rules, ii) your engagement in fraudulent or illegal activity, iii) unexpected technical or security issues, and iv) requests by law enforcement or other government agencies. You also agree that any termination is in InkedCamGirl‘s sole discretion and that InkedCamGirl will not be liable to you or any third party for any termination of your account, password, username, access to the App, or for deletion of content.
- Agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
- Are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password, account, mobile phone or any other breach of security, please contact InkedCamGirl immediately. It is up to you to maintain the confidentiality of your password and account. InkedCamGirl is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
- 9.1 ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. INKEDCAMGIRL WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER MALWARE TRANSMITTED TO OR THOUGH THIS SITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH/LINKED FROM THE SITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
- 9.2 INKEDCAMGIRL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR GOODS
ADVERTISED OR OFFERED BY A THIRD PARTY OR USER THROUGH THE SITE OR ANY HYPERLINKED WEBSITE. INKEDCAMGIRL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANOTHER USER. AS WITH THE PURCHASE OF ANY SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- 9.3 ALL TRANSFERS OF FUNDS AND SITE FUNCTIONS ARE HANDLED BY INDEPENDENT SERVICE PROVIDERS, WHO FACILITATE AND COMPLETE ELECTRONIC TRANSMISSION OF RELEVANT DATA BETWEEN USERS TO INDEPENDENT SERVICE PROVIDERS SELECTED AND AUTHORIZED BY THE USER AND CONDUCTED WITH THE SITE. WHILE INKEDCAMGIRL TAKES GREAT CARE IN CHOOSING SERVICE PROVIDERS WHO ADOPT AND PROMOTE STRONG DATA AND SECURE TRANSACTION PROTECTION POLICIES, THAT DATA TRANSMISSION IS GOVERNED BY THE RESPECTIVE POLICIES OF THOSE PROVIDERS AND IS NOT SUBJECT TO OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE POLICIES OR PRACTICES OF INDEPENDENT THIRD PARTIES. PRIOR TO TRANSFERRING ANY FUNDS OR MESSAGING OTHER USERS THROUGH THESE SERVICE PROVIDERS, PLEASE REVIEW THEIR TERMS OF SERVICE.
- 9.4 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
- 9.6 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- 9.7 WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MEDIA ON OR THROUGH THE SITE. YOU WAIVE AND HOLD US HARMLESS AND OUR SERVICE PARTNERS, THEIR PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
- 9.8 The Site stands against any form of child exploitation, human trafficking, or non- consensual activity. If we discover that any Submissions or content involves underage individuals, or any form of force, fraud, or coercion, we will remove the Submissions or content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to the Site by contacting [email protected]
10. Limitation of Liability & Indemnification
10.1 THIS SITE IS PROVIDED AS A PLATFORM FOR USERS TO PERFORM ON CAMERA ONLINE FOR OTHER USERS AND SHARE DIGITAL MEDIA, FOR USERS TO PURCHASE ACCESS AND VIEW PERFORMING USERS’ DIGITAL MEDIA, FOR PERFORMING USERS TO OFFER AND SELL DIGITAL MEDIA AND GOODS TO OTHER USERS, AND FOR USERS TO COMMUNICATE WITH EACH OTHER THROUGH PRIVATE AND PUBLIC MESSAGING. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT ANY USER OF THE SITE OR ANY BUSINESS OR INDIVIDUAL FEATURED ON THIS SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFIT LOSS, OR FINANCIAL LOSS FROM YOUR PARTICIPATION IN ACTIVITIES BASED ON THE CONTENT FEATURED ON THE SITE, YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE, OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED IN THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE OR USER REFERENCED OR LINKED TO FROM THIS SITE, SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS, SERVICES, OR INFORMATION FEATURED ON THE SITE.
YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, SHAREHOLDERS, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES FEATURED IN THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10.2 You also agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Termination of Use
11.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any
suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
- 11.2 No Right to Services Upon Termination. Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
- 11.3 Voluntary Termination. Users may voluntarily terminate the Site and cancel their registration by requesting termination via e-mail to [email protected] or via [link].
12. Miscellaneous Provisions
- 12.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products or services purchased over the Internet and viewing the content featured on the Site. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
- 12.2 Governing Law. This Site is managed by us from our offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in California in connection with any dispute between you and the Company arising out of these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, shall be determined by the state or federal courts in Los Angeles County, California.
- 12.3 Arbitration. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.
- 12.4 Notices. All notices to the Company shall be in writing and shall be sent to [email protected] You agree to allow us to submit notices to you using the email address provided by you in the Registration Info or directly provided to [email protected] via e-mail. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
- 12.5 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under these Terms. The Websites are for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the InkedCamGirl.
- 12.6 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools or information available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- 12.7 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
- 12.8 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Last modified: October 03, 2020