TERMS OF USE FOR MODELS

GENERAL INFORMATION

These Terms of Use (“Terms of Use”, “Agreement”) are a legally binding document that describes the terms and conditions for using the Bountycam website and application available at bountycam.com ("Service", "we", "us", “our”). These Terms of Use include separate sections for users registered at the Service as Agency and Model. By registering with and using the Service you confirm that you have read, comprehended, and given your consent to abide by these Terms. If you do not agree with these Terms, please refrain from registering or using any part of the Service.

Any part of these Terms of Use may be subject to changes at any time and for any reason. In case of any changes of these Terms of Use we will give you timely notice via email or the Service platform. You automatically accept these changes if you continue using the Service after the changes are published.

We may change, suspend or terminate the Service at any time and for any reason (including but not limited to its performance, functionality, security, practices or content). We do not guarantee that the Service will always be available. However, we will give you reasonable and timely notice on any changes that may affect you.

1. INTRODUCTION

This section of these Terms of Use is applied to you if you register and use the Service as a Model. These Terms of Use for Models constitute a part of your agreement with us.

2. DEFINITIONS

a. Model (“Model”, “you”, “your”) is a Service user, who has created an account at the Service as a Model in order to create, upload and profit from their Content using the Service as well as to interact with Consumers.

b. Content is any data or material made available on the Service by the Model (including but not limited to any videos, images, audio, live streaming, text and emojis, interactive features, as well as any other material if applicable).

c. Consumer is a user who can access the Model’s Content and interact with the Model.

3. REGISTRATION

3.1. In order to access and upload Content to the Service, you are required to register on the Service as a Model and create your personal account. During registration, you must provide personal information, including name, a valid email address, and a unique password. You will also need to verify your identity and provide all necessary documents for it.

To register as a Model, you must:

a. be of age of majority (18 years old in many jurisdictions) and able to verify your age.

b. be legally permitted by the laws of your country/state to join the Service.

c. provide any additional information required for identity verification by the Service.

3.2. By registering on the Service, you ensure that:

a. all information provided to the Service is accurate and complete;

b. you will update your information whenever it changes;

c. you will give your consent for us to process your information;

d. you will keep your account details secure and confidential;

e. you will immediately notify us in case of any unauthorized access to your account or compromising of your personal data;

f. you bear sole responsibility for all activities conducted with your account.

g. you will adhere to all specific requirements regarding your conduct and behaviour on the Service that we may render to you via the Service.

Failure to meet the above-mentioned requirements makes you ineligible to use the Service.

4. MODEL LIABILITIES

By registering on the Service, you agree to act as the Model within the Service. The scope of your liabilities within the Service includes:

- uploading your Content to the Service;

- communicating with Consumers by means of audio -, video - and text chatting.

5. CONTENT AND ACTIVITY ON THE SERVICE

5.1. The Service and all Content on it are for lawful purposes only. You shall not share or transfer access to your account to anyone else.

5.2. Do not use the Service in a manner which may exploit or cause harm to minors.

5.3. Do not upload or publish on the Service the Content that is or may be deemed as:

a. illegal, discriminatory, hateful, fraudulent or threatening;

b. promoting or encouraging any illegal activity;

c. referring to weapons, firearms, drugs or illegal substances; or any other goods that are subject to any restrictions;

d. causing any kind of harm (including but not limited to self-harm, suicide, violence, torture, rape, abuse, sexual assault, etc.) or causing offence, inconvenience or embarrassment;

e. referring to any kind of sexual deviation (including but not limited to incest, bestiality, necrophilia, pedophilia, etc.);

f. referring to urine or excrement-related material;

g. containing any sexually explicit content (unless otherwise permitted in specific circumstances in the Service);

h. referring to prostitution, escort services, sex trafficking;

i. containing public nudity or sexual activities if recorded and/or broadcast in the location where it is illegal;

j. containing hate speech (including any Content intended to humiliate, attack, threaten, foster hatred, violence or fear of any individual or group of individuals based on race, nationality, religion, belief, sex, gender identity, sexual orientation, age, disability, any social status or any other protected characteristic);

k. disclosing anyone’s personal or confidential information without prior written consent from that person;

l. including third-party commercial activities, promotions or product placement without our prior written consent.

5.4. Do not use the Service for any kind of abuse, stalking, bullying, intimidating or deceptive activity.

5.5. Do not use the Service in a manner that violates our or anyone else’s rights including intellectual property rights.

5.6. Do not impersonate us or any relevant person or third party. Do not use the Service in a manner that creates an impression of any kind of affiliation between you and us or any relevant person or third party.

5.7. Do not provide false information when registering your account with us.

5.8. Do not upload the Content which may be regarded as spam, misleading or inauthentic material.

5.9. Do not upload the Content that may include viruses, malwares or any other malicious material.

5.10. Do not stream or broadcast any pre-recorded material.

5.11. Do not upload, use, reproduce or transmit any Content except as allowed by these Terms of Use.

5.12. Do not attempt to access source code, servers, systems or infrastructure of the Service or any associated party.

5.13. Do not use any name, logo, designs or materials associated with the Service unless otherwise is allowed by these Terms of Use.

5.14. By uploading the Content on the Service:

a. you grant a Consumer a lisence to access your Content for their legal personal use;

b. you ensure that your Content is fully compliant with all and every provision of these Terms of Use;

c. you ensure that you possess all necessary rights for the Content;

d. you agree that you are responsible for any loss or damage the Company may suffer from your default in compliance with any provision of these Terms of Use;

e. you agree to act as the custodian of the Content you upload on the Service.

5.15. Additionally, when using the Service, the Models agree to follow the rules outlined below:

a. Learn and adhere to all provisions of these Terms of Use.

b. Have a decent attitude and attire.

c. Not to imply or ask for money, or gifts, or not to sell anything within the Service.

d. Not to share personal information.

e. Not to create more than one account or grant any other individual access to their account.

f. Not to engage into any activity that would distract them from fulfilling their obligations within the Service (including but not limited to playing games, chatting with someone other than Consumers within the Service, etc.)

g. Not to promote other applications and services.

5.16. Violation of any provision of these Terms of Use may lead to suspension or deletion of your account and suspension of your earnings.

6. INTELLECTUAL PROPERTY RIGHTS

As the owner and provider of the Content to the Service you confirm that:

a. you possess all rights (including intellectual property rights) to your Content.

b. you grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us licence to your Content for using and processing this Content in any manner (as permitted by any intellectual property right) and for any purpose relevant to the provision and operation of the Service. This means that the licence that you grant us will remain in effect after your agreement with us ends, that we do not have to pay for your licence, that we may give a sub-licence to your Content to any third party and that we may use your Content for any standard operation on the Service, including for promotional purposes. Please note that we do not sell your Content but we may sell or transfer the licence you granted us to a third party (for example, in the course of sale of the business).

c. you grant us a limited right to send notifications on your behalf in case of any infringement (including copyrights, trademarks and other intellectual property right signs) to any other third party that deals with your Content without your permission as well as to withdraw such infringement notifications if we deem it appropriate. Although we are not obliged to take measures against any infringement of your Content, you agree to give us all necessary rights and information for submitting such notifications on your behalf if the situation requires.

d. you grant us the right to send automatic messages to Consumers on your behalf exclusively for the purposes of increasing activity and involvement in the Service.

e. you renounce any right to object to derogatory treatment of the Content you upload at the Service solely for allowing us to add watermarks, stickers or other signs to your Content when dealing with infringement. This renunciation is not intended to affect in any way your intellectual property rights.

7. COMPANY RIGHTS AND LIMITATIONS OF RESPONSIBILITY

7.1. As the provider of the Service, we reserve the right to:

a. assess and moderate the Content you upload to the Service.

b. suspend or terminate any Content that allegedly violates these Terms of Use or any applicable laws for the period required to investigate this violation. We will promptly notify you of any suspension of your Content via email or your account.

c. address relevant law enforcement bodies to conduct investigations in case of any violation as well as disclose any information in our possession as required for these investigations. You agree to provide all necessary assistance and information for the investigations. We bear no liability for any losses incurred during the investigations.

d. suspend or terminate our agreement with you or your access to the Service for any reason at our discretion with prior notice to you via email or your account. We may also not give you prior notice about the mentioned suspension and termination if we have reasons to believe that you have repeatedly violated these Terms of Use or our policies, if you threaten to do so, or if your actions cause or may cause any loss for the Company and the Service.

e. transfer or delegate our rights or obligations to others, including but not limited to the event of a business sale.

7.2. The scope of responsibilities for us as the provider of the Service is subject to the following limitations:

a. The Content uploaded on the Service does not necessarily reflect our views.

b. All Content is uploaded by Models. All rights regarding the Content are granted solely by Models.

c. We are not accountable for any potential identification of a Model’s identity by Consumers through the Content uploaded by Models.

d. Although we take measures to ensure security against viruses and malware, we do not guarantee that the Content will be free of such threats.

e. We do not assure Models of specific earnings when using the Service.

f. We make no guarantees regarding specific outcomes from using the Service.

g. We do not guarantee compatibility of the Service with your devices. You bear sole responsibility for making your hardware and software compatible with the Service.

h. We accept no liability for lost or stolen accounts and related data, as well as for any activities that occur through such accounts or for any unauthorized disclosure of your personal information.

i. We bear no responsibility for any direct or indirect loss or damage:

- incurred by you as a result of your use of the Service;

- incurred by you unless it was a foreseeable and obvious consequence of our breach of these Terms of Use or our failure to exercise reasonable skill and care;

- resulting from willful or negligent acts or breaches of statutory duty in connection with your use of the Service;

- caused by viruses, malware, hacker attacks, or any other technological activity or material during your use of the Service;

j. We are not liable for any distribution or copyright infringement of your Content.

k. We are not liable for any default or delay in compliance with these Terms of Use resulting from circumstances beyond our control. We will promptly notify you and take measures to minimize the impact of such default or delay if any.

7.3. In addition to the provisions stated above, you agree to the following:

a. These Terms of Use constitute the entirety of the agreement between you and us regarding your use of the Service and supersede any other agreements between you and us. All provisions of this agreement are enforceable except where they are not. No rights are conferred upon you, except those explicitly granted in these Terms of Use. Your agreement with us does not extend any rights to third parties, unless otherwise specified in these Terms of Use.

b. We reserve any rights not expressly granted to you in these Terms of Use or other policies.

c. You are not allowed to transfer your rights or obligations without our prior written consent.

8. PAYMENTS AND PAYOUTS

a. All payments within the Service will be processed by a third-party payment provider.

b. All your earnings within the Service will be timely updated in your account.

c. All your earnings within the Service will become available for withdrawal within the reasonable period of time after you receive these earnings.

d. We may withhold your earnings if:

- you have violated or about to violate any part of these Terms of Use;

- your earnings result from any activity which can be regarded as unlawful.

If we withhold your earnings for any of the mentioned reasons, we do it for a period necessary for investigation of the specific case. In these circumstances we are not liable to you for this withholding.

e. You agree to bear sole responsibility for all tax issues that you may have. You ensure to comply with any applicable tax regulations and agree to provide us with detailed information about any non-compliance.

f. The Model must provide written consent for the Service to process their sensitive data when providing payments within the Service.

9. CONFIDENTIALITY

The Model and all related parties (if any) are prohibited from using, disclosing, or communicating in any manner, whether directly or indirectly, any information proprietary to the Service, for the purposes of personal benefit or otherwise. Such information must be treated as strictly confidential and protected from unauthorized disclosure. This obligation remains in effect even after the termination of this Agreement. This clause covers all forms of communication, including but not limited to oral or written text messages (e.g., email, messengers, etc.), describing the work structure, scope of services, or any other information relevant to this Agreement or operation of the Service.

10. INDEMNIFICATION OF LOSS

The Model agrees to indemnify and hold the Service and all related parties harmless from any claims, losses, expenses, attorney fees, costs, and judgments asserted against the Service due to the acts or omissions of the Model or any related parties.

11. TERM AND TERMINATION

This Agreement between you and us shall become effective upon execution and remain in force for an initial period of 12 (twelve) months, with automatic renewal for successive 12 (twelve) month periods, unless it is terminated under the conditions stated in these Terms of Use.

Either party may terminate this Agreement by providing the other party with written notice at least 30 days prior to the intended termination date via email.

If the Service believes that the Agency or the Models of the Agency fail to fulfill their obligations, including engaging in illegal activities or violating any provision of these Terms of Use, the Service reserves the right, at its sole discretion, to immediately terminate this Agreement or restrict the Agency’s or Models’ access to the Service. If the Agency account was blocked by the Service, all Models of that Agency shall be assigned to another Agency in the Service. If the Agency or the Model account was blocked, this Agency or Model cannot create another account. If deemed necessary by the Service, the restriction may remain in effect until the Agency and the Models prove to the Service that they fulfill their obligations.

If any party of this Agreement (the Service or the Model) fails to substantially perform any provision of this Agreement (including, without limitation, failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party which shall include the details of the default. The defaulting party shall cure the default within 3 days from the effective date of the notice. Unless otherwise claimed by the notifying party, failure to cure the default within the specified time period shall result in automatic termination of this Agreement.

If any provision of these Terms of Use is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable.

12. DISPUTE RESOLUTION AND LODGING OF COMPLAINTS

All disputes regarding these Terms of Use shall be resolved through binding arbitration instead of litigation in a court (except for claims within the court's jurisdiction). All claims or disputes, regardless of their nature or the remedies sought, are subject to arbitration.

In case of any complaints regarding these Terms of Use please send your complaint to [email protected] including your name, contact details, description of your complaint. We will review all complaints in a timely manner and promptly notify you on the results of this review via email or your account.

13. CONTACT

If you have any questions, claims or complaints related to any provision of these Terms of Use please contact us at [email protected].