VIEWER TERMS AND CONDITIONS
- This Viewer Agreement (hereafter called "Terms and Conditions") is a binding agreement between The Viewer (hereafter referred to as "You") and CamSoft which owns and operates the Chathostess Network. The Chathostess Network includes but is not limited to the web sites asians247.com and cams247.com.
- By entering and using the Chathostess Network and the communications services available in connection with the Chathostess Network, You agree to be bound by these Terms and Conditions.
- The communications services available from the Chathostess Network include but are not limited to:
- Participitation in live audio and video chat with Hosts.
- Viewing of Host galleries and profiles.
- Viewing of prerecorded videos provided by Hosts.
- The following Terms and Conditions comprise the entire agreement between the Chathostess Network and You, superseding any prior agreements between the Chathostess Network and You.
- The Chathostess Network may change these Terms and Conditions from time to time. You agree to review the Terms and Conditions and the relevant rules and regulations periodically and to be updated of such changes. Continued use of the Chathostess Network by You constitutes acceptance of all such changes.
- You acknowledge and agree that the Chathostess Network does not and cannot control the information and content transmitted by Hosts via the Chathostess Network or the information and content transmitted by You via the Chathostess Network.
- As a viewer of the Chathostess Network, You may access some sections of the Chathostess Networks. However, You are not automatically granted all privileges regarding the Chathostess Network. Some features and services Chathostess Network are not free of charge. Access to certain sections of the Chathostess Network require the prepayment of a fee determined by the Hosts. The amount of any such fee is disclosed prior to entering that specific section of the Chathostess Network.
Member's Account and Account Information:
- You certify that You are at least 18 years of age. (21 in AL, MS, NE, WY and any other location where 18 is not the age of majority).
- You hereby agree to provide Chathostess Network with true, complete and up-to-date information regarding Your registration information. Any viewer providing Chathostess Network with information that is not true, complete and up-to-date shall face immediate termination of accounts in Chathostess Network and is subject to civil and criminal liability.
- Every new Member chooses a password and a Screen Name at time of registration. Please note that You should choose Your name carefully and You may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
- The Chathostess Network owns all Screen Names used on the Chathostess Network.
- You are solely and entirely liable for all of the activities on the Chathostess Network. You may not permit any other person to use Your Screen Name. Your Membership, Screen Name and password (Login), may not be assigned or transferred to any other person or entity. You must promptly inform the Chathostess Network of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Screen Name or password.
- Members whose accounts have been terminated by Chathostess Network may not access the Chathostess Network.
- Cancellation of Your account: You may cancel Your account on the Chathostess Network at any time, by going to: https://www.jadecool.com/my_account.php?pid=cancel.
- Termination of Your account: The Chathostess Network reserves the right to terminate Your usage of the Chathostess Network at any time without prior notification. In cases of termination of Your usage of the Chathostess Network due to a breach of these Terms and Conditions.
Charges, Billing and Payments:
- The Chathostess Network has no basic fee for membership. However, certain of the Communications Services and other features on the Chathostess Network do cost money. The applicable rates or the methods by which the applicable rates are determined are described on the Chathostess Network, generally at the location from which You enter a paying service.
- Where Video Chat is chargeable, the prices for the Video Chats are per-minute prices and are disclosed to You prior to Your entrance into the Video Chat room or prior to the charge becoming applicable.
- For billing inquiries, please contact the Chathostess Network Customer Support, at firstname.lastname@example.org or at 1-702-289-4116.
- Each time You purchase credits for the Communications Services and other non-free features of the Chathostess Network, you, agree that Chathostess Network is authorized to charge Your credit card. Please note that Your credit card issuer agreement governs Your use of Your designated credit card in connection with Chathostess Network. You must refer to that agreement and not these Terms and Conditions regarding Your rights and liabilities as a credit card holder.
- It is hereby clarified that Chathostess Network has the right, at its own and sole discretion and at all time, to change the billing and payments methods and to add or remove other methods regarding the billing and payments issues. Chathostess Network reserves the right, at its own and sole discretion and at all time, to change all and any fees and charges regarding the use of the Communications Services and other features of the Chathostess Network. Please note that Your continued use of the Communications Services and other features of the Chathostess Network following the changes of the Terms and Conditions constitutes acceptance of all such changes.
- You (and You alone) are responsible for all charges associated with connecting to Chathostess Network.
- If You have some questions and/or regarding one or more of the transactions regarding the usage of the Chathostess Network system, please feel free to contact Chathostess Network customer service at: email@example.com or at 1-702-289-4116.
The Chathostess Network Content:
- You hereby acknowledge that all of the information and content (in any format whatsoever) on the Chathostess Network is either owned by or licensed to the Chathostess Network.
- The Chathostess Network itself holds a copyright in respect of the compilation, arrangement and coordination of such content and information. It is clarified that Chathostess Network does not prescreen and does not hold the responsibility for the content and information published and/or displayed via the Chathostess Network (including in the Video Chat rooms) or on certain other features of the Chathostess Network. However, Chathostess Network shall have the right to remove content (as well as to immediately disconnect Members from the services on the Chathostess Network, in any case Chathostess Network deems that the content or the information is harmful, offensive or otherwise violates these Terms and Conditions.)
- All materials on the Chathostess Network are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Chathostess Network's materials including those transmitted via the Communications Services may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from Chathostess Network. By submitting content and/or information to any "public area" on the Chathostess Network, such as forums, message centers and entering a video chat room You grant Chathostess Network the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content.
- The name "Chathostess Network" is protected by trademark law as are other brand names on the the Chathostess Network.
- Please note that some of the Chathostess Network features contain content that is inappropriate for minors. You acknowledge that Chathostess Network cannot, and does not intend to, screen information and content transmitted via the Communication Services between Members and Hosts as well as other content on the Chathostess Network, in advance. Therefore, Chathostess Network shall not be held liable for any of the content provided by Members and/or Hosts on the Chathostess Network. However, Chathostess Network may, at its sole discretion, choose to monitor some or all, of the content.
- It is hereby clarified that in cases Chathostess Network decides that any conduct by a Member that restricts or inhibits any other Member and/or Host, person or entity from using or enjoying Chathostess Network, Chathostess Network shall immediately terminate that Member's membership.
- You are hereby committed to use the Chathostess Network systems for lawful purposes only. Under no circumstances will You use Your Membership and/or Your account to do the following:
- Seek or solicit for minors to be put on the Chathostess Network.
- Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted.
- Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Member and/or Host and/or user of Chathostess Network or any other person or entity.
- Disturb other Members and/or Hosts while on the Chathostess Network.
- Impersonate any person or entity, including, but not limited to a minor or an Chathostess Network official representative.
- Post or transmit, or cause to be posted or transmitted via the Chathostess Network any materials advertising any business other than Chathostess Network.
- Seek to obtain password, account, or private financial information from any Member and/or Host.
Emails and Spam:
The Chathostess Network maintains a strict policy of forbidding any third party from sending any sort of promotional emails on behalf of the Chathostess Network, solicited or unsolicited. Moreover, the Chathostess Network itself only sends emails to persons who have registered on the Chathostess Network.
The Chathostess Network is designed such that a user wishing to visit portions of the Chathostess Network potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on Your browser so that the You may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by You that such warnings may be bypassed. Bookmarking may also cause You to bypass links to the Terms and Conditions of the Chathostess Network. You hereby agree that use of such bookmarks to enter into the Chathostess Network constitutes acceptance of the Terms and Conditions.
Disclaimer of Warranties:
The Chathostess Network is provided to You "as is", "with all faults" and "as available" without warranty of any kind either expressed or implied. To the fullest extent possible under applicable law, the Chathostess Network specifically disclaims any and all warranties, including, but not limited to:
- Any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness or content of the Chathostess Network or the ability of the Chathostess Network to interoperate or integrate with any third party products such as software or hardware.
- Any warranties resulting from a course of dealing or usage of trade.
- Any warranties with regard to the accuracy or completeness of or errors in the contents or functioning or accuracy of the results that derives from use of the Chathostess Network.
- Any warranties of merchantability or suitability or fitness for a particular purpose or use.
- Any warranties regarding the rights and title of Chathostess Network does not infringe the intellectual property of a third party.
This disclaimer of liability applies to any damages or injury caused to you or any third party including, without limitation, as a result of any failure of performance, bug, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction or unauthorized access to, alteration, inaccessibility or loss of, or use of data, information and/or records, whether for breach of contract, tort, negligence, or under any other cause of action.
We specifically do not guarantee: (1) that the Chathostess Network or any portion thereof will be free of infection by viruses, or anything else manifesting contaminating or destructive properties, or (2) that the functions performed by the Chathostess Network will be uninterrupted or error free or that defects in the Chathostess Network will be corrected. It is your sole responsibility to execute anti-contamination/virus software and otherwise take steps to ensure that the Chathostess Network, if infected or contaminated, will not damage your information or system.
Limitation of Liability:In no event will the Chathostess Network or its affiliates, subsidiaries suppliers, officers, directors, employees, shareholders, agents, representatives, licensors, successors or assigns, be liable to You or any third party whatsoever for any damage, including but not limited to direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for the loss of business profits, business interruption, or loss, vandalism or theft of programs or information, and any other kind of damage), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, or inability to use the Chathostess Network, even if the Chathostess Network was advised of the possibility of such damage, and regardless of the form or action whether in contract, tort, equity or otherwise. If you are dissatisfied with the Chathostess Network, your sole and exclusive remedy is to stop using the Chathostess Network.
Third Party Links and Products:
In no event will the Chathostess Network or its affiliates, subsidiaries suppliers, officers, directors, employees, shareholders, agents, representatives, licensors, successors or assigns, be liable to You or any third party whatsoever for any damage, including but not limited to direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for the loss of business profits, business interruption, or loss, vandalism or theft of programs or information, and any other kind of damage), or any other damages arising in connection with or in any way out of the availability or use of, reliance on, or inability to use the Chathostess Network, even if the Chathostess Network was advised of the possibility of such damage, and regardless of the form or action whether in contract, tort, equity or otherwise. If you are dissatisfied with the Chathostess Network, your sole and exclusive remedy is to stop using the Chathostess Network.
Parts of the Chathostess Network are designed and intended solely for consenting adults who are at least 18 years of age (21 in AL, MS, NE, WY and any other location where 18 is not the age of majority) who are interested in and wish to have access to visual images, verbal descriptions, audio sounds and other features and/or products of a sexually oriented and erotic nature. The materials (including and products or features) which are available within the Chathostess Network may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is offended by such materials or who does not wish to be exposed to such materials. By accessing the Chathostess Network, You are making the following statements:
"Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (21 in AL, MS, NE, WY and any other location where 18 is not the age of majority). I promise that I will not permit any person(s) under the age of 18 (21 in AL, MS, NE, WY and any other location where 18 is not the age of majority) to have access to any of the materials (including any products or features) contained within the Chathostess Network.
I understand that when I gain access to the Chathostess Network, I will be exposed to visual images, verbal descriptions, audio sounds and other features and/or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because i want to view, read and/or hear the various materials and/or order and enjoy the use of such products or features, which are available for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which, I believe, is both healthy and normal and which, in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials i expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. I further represent and warrant that I have not notified any governmental agency, including the U.S. Postal Service, that I do not wish to receive sexually oriented material."
The Chathostess Network may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could, be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
You shall indemnify and hold the Chathostess Network, the owners and operators of Chathostess Network as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Chathostess Network in connection with any claims of any kind, that result directly or indirectly from Your activities in connection with the Chathostess Network including without limitation on the Chathostess Network. Such claims shall include, without limitation, claims in respect of any violation of law in a chat session with a Host.
Notices by the Chathostess Network to You may be given by means of electronic messages through the Chathostess Network, by a general posting on the Chathostess Network, or by conventional email.
Notices by You to the Chathostess Network may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
No employee, agent or representative, including without representation a customer service representative, of the Chathostess Network shall be entitled to waive any term of this Agreement.