Our website is owned and operated by Night Nerds SL with its office located at 87 Charlotte Street, London, W1T 1RJ. Our website is an online platform that offers a a adult live cam, Skype shows, Facetime shows between the models and the viewers.
By using the Site, you agree to comply with and be legally bound by the Terms and Conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal Agreement between You and Us.
This website reserves the right to recover the cost of services, collection charges and lawyers fees from persons using the Site fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
In Using This Website You Are Deemed To Have Read And Agreed To The Following Terms And Conditions Set Forth Herein. Any Incidental Documents And Links Mentioned Shall Be Considered To Be Accepted Jointly With These Terms. You Agree To Use The Website Only In Strict Interpretation And Acceptance Of These Terms And Any Actions Or Commitments Made Without Regard To These Terms Shall Be At Your Own Risk. These Terms And Conditions Form Part Of The Agreement Between The Users And Us. By Accessing This Website, And/or Undertaking To Perform A Service By Us Indicates Your Understanding, Agreement To And Acceptance, Of The Disclaimer Notice And The Full Terms And Conditions Contained Here in.
DEFINITIONS AND INTERPRETATION
“Camiplay.com”, “we”, “our”, or “us” means Camiplay.com International Pty Limited with official address at 87 Charlotte Street, London, W1T 1RJ.
“Camiplay.com Services” means all services provided by Camiplay.com’s related and limited to legally permissible pornographic and associates sexual conduct services.
“Intellectual Property Rights” means all patents and patent applications, utility models, rights in industrial designs, trademarks (whether registered or unregistered and including any goodwill in such trade marks), service marks, trade names, business names, internet domain names, e-mail address names, rights in designs (whether registered or unregistered), copyrights (including rights in computer software), moral rights, database rights, rights in know-how, rights in confidential information, rights in trade secrets, rights in inventions (whether patentable or not), rights in discoveries, rights in improvements, rights in techniques, rights in processes, rights in tools, rights in models, rights in concepts, rights in systems and all other intellectual property rights, whether registered or unregistered, including any form of application for any of the same and all similar or equivalent rights which may exist anywhere in the world.
“Model” means and refers to the individuals above the age of 18 offering services to our viewer users and in return earn money through the website.
“Viewers” means and refers to the individuals above the age of 18 who visits the websites for the purpose of obtaining pornographic and adult services from the models and buy these services through the use of token purchased provided on the website.
“User”, “you” or “your” means an individual including both “Model” and ”Viewer” above the age of Eighteen  who visits or uses the website to offer or buy services through the website.
“Website” shall mean the websites operated by Camiplay.com and available at: www.Camiplay.com and any related Camiplay.com service, extension, CMS or mobile or tablet application.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
PURPOSE OF PLATFORM
The Platform serves as platform to allow users, including you to broadcast streaming video, view the streaming videos of others and to interact. The Platforms operates as Live cam, Skype shows, Facetime shows, Snapchats Sales, gallery sales (images), video sales and the Models can also add a link to their Instagram and Twitter account and any misue of the information received through the Platform, such as for prostitution or other illegal purposes, is not permitted. The Platform is not a dating, hook up or similar type of service/website. The Platform is merely intended for entertainment purposes only which include permitting consenting adults to view, share and communicate their interests and consented activities.
ELIGIBILITY OF MEMBERSHIP
- Use of the Site is available only to viewers who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years you are not eligible to use the website.
- Our website services are available only to, and may only be used by individuals (who are 18 years and older) who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
- Our website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. By using the services of our website you agree to be bound by the Terms and Conditions.
- Our website does not encourage you to use our services if any of our services are illegal in your country or region or it is prohibited to use a service/product of UK. By using our services, you accept that it is legal in your country, territory or region to use our services or our kind of services. We shall not be liable for any illegal access of our services on your part. We do not accept reservations to any term of the aforementioned documents.
- Our website services and products are offered exclusively to private users. We reserve the right to exclude anyone and everyone from participation in chat and reserve the right to close any user account at any time for any reason without any prior notice.
- Our website offers membership to two kinds of users.
- “Models”these are the individual users who offer the services as mentioned on the service clause to our viewer users and in return earn money through the use of website.
- Viewers are the individual who seek to obtain certain services from the models and buy these services through the use of token purchased on the website.
- Our website offer purchase of token to spend on the website and allow our users to enjoy the photos and videos of our models and other services as mentioned in the service clause. The users can make up to 3 accounts i.e., (i) Solo Model Account (ii) Couples Model Account (iii) Viewers Account at a time after paying the membership due. Multiple models can perform under one account as long as they are verified members on the website and they include their usernames in the headline in live chat.
- Our membership is limited to countries where nudity, making and selling of explicit content is permitted. If you are accepting our membership from a region where it is not allowed, you certify to hold us harmless against any proceedings.
- Our website offers two types of account (i) Model Account and (ii) Viewer Account.
- The services provided to both the users are different so you must take care while registering the account.
- You may become a member of Our website by filing our online registration form. Upon registration you must certify that you are at least eighteen (18) years old).
- During the registration process, you will need to first register for an account by choosing a unique USER ID. The USER ID must not be offensive, be deceptive or misleading, may not offend common decency or infringe the intellectual property rights of third parties. Our website reserves the absolute right to replace or amend any username without prior notice.
- During the registration process, the user also chooses a password. The user account may be used only by the user and not by anyone else. The password is only asked when you logging in.
- Providing in accurate or false information may cause the Website to suspend or terminate your account and refuse your current or future use of the Website.
- You certify that choosing a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party.
- You are responsible for keeping your user account password confidential. We will never provide your password to anyone else. We DO NOT keep the passwords with us.
- The user id and password are non-transferable. You agree that your user account may only be used by you and not by anyone else. All details which you provide to Camiplay.COM either during the registration process or at any time thereafter must be true. We reserve the right to run checks with third party agencies using the information you provide us on registration.
- For other information such as email address are required at the time of registration and the information you provide us must be true. 5.11 You must promptly inform the Website of all changes to the registration data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service.
- Once all the information is provided, your account is created.
MEMBER ACCOUNT AND CONDUCT
- You are solely responsible for any content, including, but not limited to, text, audio, live video stream or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you.
- You agree not to engage, promote or transmit any harassment, offensive behavior, unlawful, harmful, threatening, libellous, abusive, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to any Content that contains sexual conduct (whether actual or simulated) , bestiality, incest, violence, or any presentation of minors engaged in intimate physical contact or sexual situations.
- You will not use the Website or the Service to disturb any other user or member.
- You will not use the Website or the Service to impersonate to any person or entity including but not limited to any minor or Website stuff.
- You will not post or upload to the Website or Service any type of content, graphic or text, that violates or infringes the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law.
- You agree to provide the Website with a valid email address for verification and communication purposes.
- You agree that the Website will send you communication, information and offer emails from the Website to that email.
- Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users.
- You agree to immediately notify the Website of any unauthorized use of your user name and password or any other breach of security.
- You are responsible for all usage or activity on the Website by users using your password, including but not limited to use of your password by any third party.
Please note that you should choose your member 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 Website may refuse to register user name it finds inappropriate.
- Please note that we do not guarantee that other members, users or models you communicate with will reply or contact you back. Communication with other members or users or models may be presented in means of pop ups to display as a system notification on your screen while you are browsing the Website. These system notifications may or may not indicate they have been initiated by the Website and may provide you with limited information about other members of the Website or their activity. You may need to upgrade your account to a paid account in order to communicate with those members.
REPRESENTATIONS, WARRANTIES AND COMPLIANCE BY THE USERS
- Account Information: You shall keep your account information up-to-date and accurate at all times, including a valid email address. Your payment information, as provided to us, shall also be accurate and genuine at all times. You agree that your account information can be made available to Camiplay.com administration or its’ appointed employees or contractors. You agree that you have ensured that your access of our website and its services are completely in accordance with local laws of your respective state, territory or country.
- Account Transfer: You shall not transfer or sell your Camiplay.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.
- Contractual Competency: You shall warrant that you are legally competent to contract and enter into legally binding relationships with us or other users.
- Good Conduct Declaration: You represent, warrant and assure us that you will not ask our webcam models to do any illegal, unethical or any other act.
- On Website Communication: You warrant us that you will communicate and rehire the webcam model only through us and our website; and will not approach the model by yourself or through any other medium. Further, the Models are not allowed to ask for or receive any payment outside the website.
LEGAL COMPLIANCE & TAXES
- The website complies and operates in accordance with Pornography laws of United Kingdom including but not limited to Criminal Justice and Immigration Act 2008, Criminal Justice Act 1998, Protection of Children Act 1978 and Obscene Publication Act 1959.
- We also request our users to comply with the aforementioned laws and refrain from performing, requesting, supporting or promoting illegal or unethical acts as listed in the said statutes.
- We are strictly against any pornographic act involving children and strongly prohibit our users to indulge or support such acts and material. We reserve the right to report to law enforcement agencies in case any of the user is found to be indulging or supporting such act or even if we suspect the same.
- We are strongly against any type of sexual violence or sexual activities in which the consent of all the participants is not taken or visible or secured. We do not allow any such content on our website and any profile using or supporting the same will be banned and the individual will be reported to law enforcement agencies.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Camiplay.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Camiplay.com net income).
USAGE AND CONDUCT REQUIREMENTS
- We request and expect our users to act in good faith and without any illegal or unethical action on their part. The service is purely for entertainment purpose and shall be utilized only for the same without any limitation. The services offered on the website are for personal use only.
- com expects and requires the user to refrain from Depict or in any way promote any activity which in any way involves sexual conduct involving minors Harass, stalk, abuse, or threaten any of the performers or models associated with our website. Further, the following activities/things are forbidden on webcam:
- Minors, children, babies; may not be on camera or in the same room
- Unauthorized persons/unregistered models (people who have not submitted their ID to us).
- Bestiality, or animals/pets on camera in a sexual or provocative context.
- Breastfeeding or lactation.
- Menstrual bleeding.
- Illegal drugs.
- Excessive consumption of alcohol, medicines, or narcotics.
- Sleeping or passing out.
- Incest, or sexual contact between family members.
- Penetration of the vagina or anus with items not meant for sexual stimulation.
- Violence, cutting, blood, torture, non-consensual pain, erotic asphyxiation, or any actions associated with bringing injury or risk of injury.
- Escorting, prostitution, solicitation. Models may not offer to meet in person for money. Models may not accept Tokens for in-person meetings.
- Illegal or unsafe activity of any kind.
- Anything that would impair consent.
- Provide any of Your personal contact information to any performer or model associated with our website (and in the event that You do, You agree we have no liability for any results or events which occur because You did so).
- Intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including but not limited to any rules or regulations having the force of law.
- Post or submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content.
- Harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user or other user of our website or any other person or entity.
- Post, transmit, promote, link, or facilitate the distribution of Content that may generally be considered obscene, including but not limited to bestiality, urination/defecation, fisting, incest, extreme sadomasochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted.
- Disrupt the normal flow of dialogue in a chat room or on a message board or otherwise act in a manner that negatively affects other users, individuals or entities.
- Impersonate a minor; impersonate any other person or entity (including but not limited to one of our representatives, an ICP, forum leader, guide or host); or communicate under a false name or a name that You are not entitled or authorized to use.
- Post or submit (or cause to be posted or submitted) a chain letter or pyramid scheme.
- Post or submit (or cause to be posted or submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, or collect or harvest screen names of other Users, without permission.
- Post or submit (or cause to be posted or submitted) any communication or solicitation designed or intended to obtain a password of an account or private or financial information from any User.
- Violate any operating rules, policies or guidelines of any other interactive service or website in any way or Spread or distribute any spam, viruses, bugs of any type whatsoever, junk email, or mass email solicitations.
- Exchange information to interact outside the purview of the website.
We offer two types of accounts thus the services provided to both the account users are different and as mentioned below
- Services provided to model account holders
- Our website provides services such as Live cam, Skype shows, Facetime shows, Snapchat sales, Video Sales, Gallery Sales and you can also add link to your Instagram and Twitter account.
- We provide an online platform for models to connect to potential viewers who may buy their services.
- We provide a platform for models to upload photos, videos for viewing which the viewers shall need purchase the right to view such material through the token.
- The platform allows models to earn money through procuring booking of time slots on their skype and FaceTime id’s to interact and fulfill the fantasies of the viewers.
- The models may also provide their Instagram and Snapchat id’s to viewers for the content they generate on those ids’ on monthly subscription basis
- The models can also purchase tokens to pay for featured slots on the website for more visibility. The prices for such slots shall be available on the site.
- Services provided to Viewers
- We provide a platform to viewers to view the pictures and videos posted by models by purchasing the right to view through tokens.
- The viewers can purchase through tokens the timeslots on Skype, Snapchat, live cam and FaceTime and book models to fulfill their fantasies.
- The viewers can also view the Snapchat, Instagram and Twitter account ids of models on monthly subscription basis by paying through tokens.
- No charges will be made to your credit card, debit card, or Direct Debit account without your authorization by accessing the paid services areas.
- We offer to purchase tokens for private live video chat or for tipping models. Tokens are purchased in advance before starting the private video chat. As well we may offer premium membership subscription for certain features of the website. A premium membership enables you to access services beyond per minute chat or free members-only services, such as videos or club membership. These subscriptions will be automatically renewed as stated below upon expiration of the initial term, unless you ask to cease the membership.
- All types of different fees to the Website are prominently displayed prior to your purchase.
- You agree to pay all fees when due according to the billing charges and cycles.
- Upon using any paid services, you must select a payment method. The Website reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account.
- The Website reserves the right to make changes to the fees and billing methods, including the addition of supplemental charges for any content or services provided, with or without prior notice to you, at any time.
- For subscription services the Website uses an automatic re-bill cycle according to your selected payment method.
- If you believe that you have been wrongly billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
- The Website may set a daily spending for members. This limit is a daily or 24 hour limit of charges. We set this limit at our sole discretion. Members can request to increase their daily limit by contacting the customer support team.
- Bonuses, benefits and rewards are issued to members at the sole discretion of Website and they have no cash value and cannot be redeemed for cash or other benefits.
- Tokens do not expire.
- Token are not refundable.
- Our website only accepts models from the United Kingdom, Canada and United States of America. All the models are required to provide ID for age verification purposes at the time of registration.
- Users in order to purchase the services they wish to avail from the models need to purchase tokens on the website.
- Token purchased can be used to pay for the various services offered through the website by the models.
- Token prices vary, the packages are available on the site.
- Users can purchase tokens through:
- Credit Cards
- Debit Cards
- WE acknowledge that the tokens shown in your Account (which may include Contingent Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Camiplay.com Services through the Website and provision of the Camiplay.com Services.
- The tokens mechanism in no way creates any trust or fiduciary relationship between tokens may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive token in respect of Camiplay.com Services. We reserve the right to place any operational bar or limit on your account in case a dispute is received which concerns you.
PAYOUTS AND COMMISSIONS
- The viewers to use the services purchase Tokens. The tokens are then spent various services provided on the models the viewers wish to spend on.
- The token spent on a model by the viewers are accounted and accumulated.
- The models are paid the money equivalent to the token spent on their services subject to commission of the website, transfer costs and exchange fees.
- Model will receive a 30% deduction on any token made and the models will then receive 0.05USD per token.
- The models shall be paid twice a month on the 1st and 16th of every month.
- The transfer costs and currency exchange fees shall be borne by the model.
If we become aware that any tokens received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Contingent Payment using a stolen credit card) it will be reversed immediately. If those tokens have already been released to you, you must pay the tokens into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those tokens. We may, in our sole discretion, place a limit on any or all of the tokens in your Account (thereby preventing any use of the tokens) if:
- If your activities are illegal or unlawful.
- If your account is considered as a reasonable risk to other users, website and our business interests.
- We believe that the beneficiary of the payment is someone other than you.
- We believe that the payment is being made to a country where we do not offer our Service.
- We are required to do so by law.
- We allow refunds to the users who have token in their account and want to settle their dues with or want to close their account. We also allow refunds in cases of an incomplete deal. The payment method shall be same for refund as was when the payment was made. However, we reserve the right to change the payment method in certain special circumstances.
- We may refund tokens to Users irrespective of whether a User has requested tokens be refunded if.
- The law or statute requires us to.
- We are closing down our business.
- In accordance with our refund policy.
- To avoid any dispute.
- If the refund is necessary to avoid a chargeback.
- If a viewer wants a refund for a booking the viewer may dispute the booking within 48 hours of the booking.
- In order to request a refund, please send us a mail at [email protected] subject ‘refund’. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund tokens back to you or chargebacks, we may suspend, limit or close your Account with us.
- We have a dispute system within the Account menu where viewers can raise a dispute with a model within 48 hours after the show ends. We will then discuss things with model(s) and viewer and accordingly the refund will be initiated, if necessary.
- We are bound to process the chargeback requests and instructions issued to us by third party payment processors or card issuers or banks. We cannot and will not refuse or stop any payment chargebacks if instructed by the relevant bank authorities, payment processors or card issuers.
- You must cooperate with us and refrain from complaining with us any chargeback reversal processed by us. You agree that you will abide by the reversal requests processed by us.
- If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of tokens by contacting us and must not seek double recovery.
- Our website uses third party payment providers to receive payments for Premium Services from users. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
- We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- Our website reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The users acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
- Our website reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful act or acts or omissions in breach of these terms and conditions.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
We endeavor our best to avoid any kind of billing errors. However, in a scenario where such an error has been detected, we request you to notify us via email at [email protected] We will proceed on your request within 2 working days. However, we do not assume any liability arising out of such error and you expressly release us to that extent
We reserve the right to cancel your account for any reason whatsoever at any time without notice to you. Your account may be cancelled if
- You have more than one active account for the Website.
- The name on your account doesn’t match the name on the credit card(s) used to make purchases on your account.
- You have provided incorrect information in relation with bank, personal and related data.
- You are not eighteen (18) EIGHTEEN years of age or older.
- You have permitted someone else to use your account intentionally or unintentionally.
- You are found to be cheating or attempting to defraud the Website, or if you make untrue and/ or malicious comments with regard to the operations of Camiplay.COM, Camiplay.COM reserves the right to publicize your actions together with your identity and e-mail address, as well as to circulate this information to banks, credit card companies, and appropriate agencies.
OWNERSHIP, TRADEMARKS and COPYRIGHTS
- Except as otherwise indicated, this website and its entire contents (collectively, the ‘Materials’), including, but not limited to, the photos, videos, graphic animations, text, information, material, software and graphics contained on this website, are owned by Camiplay.COM, Models and its affiliates. The Materials are protected by copyright, trademark, and other intellectual property laws and treaties. Camiplay.COM makes no proprietary claim to any third party names, trademarks or service marks appearing on this website. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Camiplay.COM’s prior written permission.
- You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person.
- The User expressly agrees to use the Service strictly for personal purpose. The User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this web site. The User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
MODIFICATION OF TERMS & CONDITIONS OF SERVICES
We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
LIMITATION OF LIABILITY
In No Event Will The Company Or Its Affiliates Or Suppliers Or The Company's/its Affiliates'/suppliers' Officers, Directors, Employees, Shareholders, Agents, Representatives, Licensors, Successors Or Assigns, Be Liable To You Or To Any Third Party Whatsoever For Any Damage, Including, But Not Limited To, Indirect, Direct, Special, Punitive, Incidental Or Consequential Damages (Including, But Not Limited To, Damages For Loss Of Business Profits, Business Interruption, Or Loss, Or 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 Site Or Any Host Services, Even If The Company Or Any Host Were Advised Of The Possibility Of Such Damage, And Regardless Of The Form Of Action Whether In Contract, Tort, Equity Or Otherwise. if You Are Dissatisfied With The Site Or Any Host Services Or You Have Any Dispute With The Company Or Any Host In Connection With The Same Or These Terms And Conditions Then Your Sole And Exclusive Remedy Is To Stop Using The Site And The Host Services.
THIRD PARTY LINKS
Via Or In Connection With The Site And The Communication Services We May Provide You With Links To Sites, And Offers For Products And Services, Of Third Parties. We Have No Control Over Such Sites Or Over Such Products And Services. We Are Not Responsible For And Do Not Endorse (A) The Content Of Such Third Party Sites, (B) The Products Or Services Offered By Such Third Parties Or (C) The Privacy And Other Practices Of Such Third Parties. Nor Are We Responsible For The Availability Of Such Sites Or Products Or Services Offered By Such Third Parties.
LIMITATION OF LIABILITY
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend or limit your access to your Account
- if we determine that you have breached, or are acting in breach of, this User Agreement.
- if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees.
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights.
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities.
- you do not respond to account verification requests.
- you do not complete account verification when requested within 3 months of the date of request.
- you are the subject of a United Nations, EU or UK sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you
- to manage any risk of loss to us, a User, or any other person.
- For other similar reasons.
- If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
- The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account.
- Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
- User understands and agrees that any information or material and/or goods or services obtained through the service is done at user's own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
- No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
- Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
- If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
- In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
CLOSING YOUR ACCOUNT
We allow you to close your account with us if you send us a request for the same at [email protected] However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our website.
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
- You understand we cannot monitor all content on the site. We are not responsible for any offensive or obscene content uploaded, transmitted or posted by any user or member.
- The Website is not responsible for any personal information that you post or upload or transmit through the Service.
You agree to defend, indemnify and hold harmless our Company/website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
GOVERNING LAWS AND JURISDICTION
- This User Agreement shall be construed in accord with the applicable laws of Spain regardless of your physical location.
- The Courts at Barcelona have exclusive jurisdiction in any proceedings arising out of this Agreement.
DISPUTE BETWEEN YOU AND US
- Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in London using the English language in accordance with the Arbitration Act 1996 , Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of Arbitration Rules and Procedures.
- The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
- Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
- Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
- For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the London or courts located in London, United Kingdom.
- Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Camiplay.com agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
DISPUTES WITH USERS OR THIRD PARTIES
- In the event a dispute arises between you and another user or a third party, Camiplay.com encourages you to first contact the user or third party to resolve the dispute amicably.
- If a Client and Camiplay.com are unable to resolve a dispute resulting from a transaction that occurs on Camiplay.com, they may choose to participate in Camiplay.com case system in order to resolve the dispute.
- Cases are escalated for review and resolution by Camiplay.com. Camiplay.com provides its dispute resolution process for the benefit of users. Camiplay.com does so in Camiplay.com’ sole discretion, and Camiplay.com has no obligation to resolve disputes between users or between users and outside parties.
- To the extent that Camiplay.com attempts to resolve a dispute, Camiplay.com will do so in good faith based solely on Camiplay.com policies. Camiplay.com will not make judgments regarding legal issues or claims.
- You may also report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
- You release Camiplay.com (and Camiplay.com officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
- By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
- In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in United Kingdom and all other countries.
- You should comply with country, state and federal regulations.
NO WARRANTY AS TO THE IDENTITY OF THE USER
We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user. We may display user information such as the credibility score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
NO WARANTY AS TO THE WEBSITE CONTENT
- The website content hosted on the website is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our website by third parties or users. You agree that while some information posted on the website by the third party users may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the website is not liable or associated with the same in any way.
- You agree that the operation of the website is a complex task and due to some human or accidental error we may put some content on the website which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.
- Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about the content, service, products, services, security, privacy of data or any other matter incidental to the website or its operation other than the liability incurred due to negligence of our employees.
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of god;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
- By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it.
- You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
The services of Camiplay.com are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
For any further clarification of out Terms and Conditions, please write to us at [email protected]. You can send us notices or any other communication at [email protected].
I, HEREBY agree by the Terms and Condition of the Agreement.