Stardustwebcams and Webcam Model Agreement

Model Terms of Use

Overview

Stardustwebcams offers an online platform where individuals can host live video chat sessions for adults to enjoy. Models who operate on this site are independent operators, operating out of their home or an independent webcam studio.

Please carefully read through these Terms and Conditions (the "Terms") prior to registering as a Model. The Terms constitute a binding legal agreement between Stardustwebcams, its parent company Stardust Planet LLC (hereinafter “Stardustwebcams”), and the person(s) who have decided to host video chat sessions on the Site (hereinafter "Models" or "You").

Model Obligations

  1. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (or the legal age of consent in your community) and have the legal capacity to enter into agreements of this nature. Stardustwebcams makes no representation or warranty that the content published on its website complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws and you acknowledge your responsibility to hold Stardustwebcams harmless if any behavior you might engage in will result in any civil or criminal penalties in your local community. Should you not be unable to affirmatively make the representations and warranties contained herein, do NOT register as a Model. Furthermore, you agree to provide accurate registration information to Stardustwebcams. In the event that it is discovered that the registration information you provided is false, your account will be immediately cancelled and you could be subject to civil and/or criminal penalties. You further represent and warrant that you understand the nature of the content published on Stardustwebcams, namely, sexually explicit materials, and that you voluntarily and knowingly choose to partake in the production of such material, and that such material does not offend or vex your sensibilities. You acknowledge that Stardustwebcams members will sometimes expect to see content published in your video chat room of a sexual nature.
  2. You will not use Stardustwebcams to promote, advertise, mention the existence and/or solicit membership for, any other website than Stardustwebcams. If you do so, you willingly and voluntarily forfeit any funds owed to you by Stardustwebcams by way of Stardustwebcams. We will initiate court proceedings against the models engaging in any form of commercial solicitations on our site.
  3. You will not use Stardustwebcams as a means by which you can solicit prostitution, or any other “escort” related services.
  4. You will not submit media to Stardustwebcams that are the property of another website. You warrant that any media submitted by you to the Stardustwebcams system is yours to use exclusively and agree to indemnify and hold harmless Stardustwebcams for any misrepresentations as to this fact.
  5. You agree that if you violate any of the conditions laid forth herein, you voluntarily forfeit any funds owed to you, and you understand that Stardustwebcams can terminate your account and initiate court proceedings against you.

Refund Policy

Decision on refunds are taken by Stardustwebcams only. Models and customers might be consulted to decide whether or not the refund should take place, but they don’t interfere in the final decision. Refunds can be deducted from your commissions if a customer was reasonably dissatisfied with the service you provided in your chat session, and if his/her complain is both verifiable and provided in good faith to Stardustwebcams support center.

Indemnification and Warranty

Under no circumstances, including, but not limited to, negligence, shall Stardustwebcams or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use this service. Model specifically acknowledges and agrees that Stardustwebcams is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount.

STARDUSTWEBCAMS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. THE MODEL’S USE OF THE SERVICE IS AT HIS/HER OWN RISK. STARDUSTWEBCAMS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, STARDUSTWEBCAMS MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

The Model agrees to indemnify and hold harmless Stardustwebcams, its officers, directors, managers, members, agents and employees from any, against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Model's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Model or Stardustwebcams relating to any services or products offered by or through the service, the Model agrees to submit to the personal jurisdiction of the courts of the State of Delaware, USA.

This Terms of Use is electronically acknowledged and is considered the original.

Section 3 - Age Verification / Model Release

By signing this Age Verification / Model Release, I hereby declare, swear, and affirm that I am at least 18 years of age or the age of majority in my legal jurisdiction (whichever is greater). My signature also certifies that should I provide Stardustwebcams with false identification (including name and/or date of birth), I will not hold Stardustwebcams or its parent company Stardust Planet L.L.C. liable as I understand that this release and its accompanying age verification requirement(s) was accepted in good faith, and that this effort was made to ensure that I am at least 18 years of age.

I also certify that all decisions related to the content and nature of my Stardustwebcams video chat room are made at my own discretion, as long as it falls within the bounds of the Model Agreement that I agreed to when creating my Stardustwebcams Model account.

I hereby represent that I am at least 18 years of age and that my age is equal to or higher than the age that local, community, state, or country laws in my area require. I acknowledge that I have read this document, that I fully understand its contents, and that I am signing and agreeing to it by my own free will.

I hereby acknowledge that any video, audio, text, or photographic content that is produced using the Stardustwebcams system during my webcam chat sessions is the exclusive property of Stardustwebcams and that I will not use such content anywhere else on the internet for the purpose of promotion and/or advertising, and/or soliciting membership of another website. Furthermore, I hereby grant Stardustwebcams unlimited redistribution and use rights on any media content that I might submit to Stardustwebcams for use on the site.

This Age Verification / Model Release is electronically acknowledged and is considered the original.

Section 4 – The use of informations & materials

In order to allow Stardustwebcams members to browse efficiently the site and to search for models, I hereby grant Stardustwebcams the unlimited right to store, save, organize, monitor, refresh, edit, review and periodically modify the public informations I have provided during registration or later updates, including, but not limited to, photographs or images, likeness, persona, audio, biological informations and identification, and statements. I also grant Stardustwebcams full rights to allocate me into the « categories » of the website that Stardustwebcams deem as more appropriate to describe me physically. I understand and agree that the categories in which I will appear can be modified by Stardustwebcams at any time, without prior notice and/or further explanations given to me by Stardustwebcams.

I grant Stardustwebcams full rights to reuse, edit, publish, exhibit, distribute and otherwise exploit the informations related to myself (including, but not limited to, photographs, videos and texts) already available for customers on the Stardustwebcams website, for the purpose of marketing, promotion and advertising on any website and/or other media deemed suitable by Stardustwebcams.

This Agreement on the Use of Information is electronically acknowledged and is considered the original.

I understand and I fully agree that the informations related to myself (including, but not limited to, photographs, videos and texts) might be accompanied by textual, graphic or audio-visual copy or any other matter or material that Stardustwebcams deems fit, including material that may be deemed defamatory or disparaging of me. I waive any rights to any claim or causes of action for libel, defamation, invasion of right of privacy, appropriation or right of publicity, or droit moral (moral rights), which I may have or hereafter possess against Stardustwebcams arising out of Stardustwebcams’s use or exploitation of my photographs, images or any other information publicly available on Stardustwebcams website in any way.

This Agreement sets forth the full and complete understanding between Model and Stardustwebcams with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by Stardustwebcams to its Models. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Delaware, USA, for contracts entered into and wholly performed within that Country . The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.