Terms & Conditions for Studio Owner / Model
- Websites Covered in This Agreement:
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- ADULTVIDEOS.COM
- Includes all subdomains and subdirectories of domains listed above.
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Effective Date: June 8, 2011
Last Modified: December 11, 2014
WHEREAS, Cam Media, Inc., DBA AdultVideos.com (the "AGENCY") is engaged in the business of providing a website through which adult videos are sold; and
WHEREAS, Studio Owner / Model is in the business of originating, producing and providing original videos for sale over the Internet; and
WHEREAS, AGENCY desires to allow Studio Owner / Model to upload or record adult videos that Studio Owner / Model originates and produces for customers or otherwise owns by accessing the AGENCY’s website network; and
WHEREAS, Studio Owner / Model desires to utilize AGENCY, on the terms and conditions stated herein;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged and in further consideration of the mutual promises set forth herein, it is hereby agreed between the parties as follows:
1.0 Studio Owner / Model hereby agrees, represents and warrants:
1.1 Studio Owner / Model will remain solely responsible for all of the Content uploaded or recorded through their studio for distribution via the AGENCY’s website network. The term "Content" as used in this Agreement shall be meant to include videos, digital images, prerecorded video chat sessions, recorded performances, audio, text, and other similar materials created by the Studio Owner / Model.
1.2 Studio Owner / Model warrants and represents he or she is a consenting adult over the age of eighteen (18) years and has provided acceptable proof of age which shall consist of a valid government photo identification document (passport, state driver license, military identification card, or state photo identification card). Studio Owner / Model must provide AGENCY with a color, digitally scanned copy of such documentation and email, upload or record such depiction to AGENCY in JPG, GIF, PDF, or TIF format. Photocopies of such documentation will not be accepted. A Studio Owner / Model will not be provided with the ability to display or distribute any materials, issued an account or accepted for a Studio at AGENCY until the age verification identification has been submitted and accepted by AGENCY.
1.3 Studio Owner / Model shall fully complete the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257 and submit it to AGENCY. A Studio Owner / Model will not be provided with the ability to display or distribute any materials, issued an account or accepted for a Studio at AGENCY until the statement has been submitted and accepted by AGENCY.
1.4 Studio Owner / Model agrees that he or she will not violate any law concerning obscenity. A Studio Owner / Model may not portray depictions of sex involving any person under the age of eighteen (18) years of age, rape, any form of child pornography, incest, torture, bestiality, necrophilia, urination, and/or defecation.
1.5 Studio Owner / Model agrees that he or she will not solicit sexual services while using the AGENCY’s website network for any sexual favors either monetary or gratuitously and such behavior is grounds for immediate termination of this contract.
1.6 Studio Owner / Model represents to AGENCY that the Content complies with the laws and regulations applicable in (i) Studio Owner / Model’s country of origin, (ii) Studio’s local community, and (iii) the United States.
1.7 Studio Owner / Model will furnish, at his or her expense, all property, space, computers, computer equipment, video equipment, furniture, clothing, lingerie, materials, etc., used in the course of the creation of the Content.
1.8 Studio Owner / Model agrees to provide, at his or her sole cost and expense and solely for his or her own benefit, all equipment necessary to access the Web Site from the remote broadcast location. By way of example only, this may include a home computer, laptop, netbook or cell phone that connects that device to the internet. Studio Owner / Model shall be solely obligated to ensure that any equipment purchased or otherwise acquired is in furtherance of his or her activities and is compatible with the Web Site.
2.0 AGENCY hereby agrees, represents and warrants:
2.1 AGENCY hereby grants to Studio Owner / Model a non-exclusive, non-transferable, royalty-free, and worldwide license to use and display the AGENCY trademarks and/or service marks, AGENCY. for the sole purpose of advertising and promoting the Content that Studio Owner / Model distributes via the AGENCY web site.
2.2 AGENCY shall allow Studio Owner / Model to use the Content provied by the Studio Owner / Model for his or her own personal portfolio or web site, provided that such use is noncommercial and prior written consent has been obtained from AGENCY whereupon such consent shall not be unreasonably withheld.
3.0 Intellectual Property
3.1 Studio Owner / Model hereby represents that he or she created and thus owns or has otherwise legally obtained all intellectual property rights, interests, and licenses in the Content. Studio Owner / Model may not reproduce in the respective Content, any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights.
3.2 Studio Owner / Model agrees to assign full copyright and ownership rights to AGENCY and its successors, all content uploaded to AGENCY servers for as long as said content remains hosted on AGENCY servers and is made available for sale to AGENCY customers.
3.3 Studio Owner / Model, expressly grants to AGENCY full license to use any and all copyrights, trademarks, service marks, trade secrets, and all other proprietary rights in and to the Content, or any portion thereof, via an unlimited, perpetual, worldwide, royalty-free, irrevocable, sub-licensable, transferable, exclusive license to AGENCY. With the rights granted herein, AGENCY may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Content in any medium or technology whatsoever, now known or to be developed in the future. Studio Owner / Model further agrees that AGENCY shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from the Content as long as the content remains in Studio Owner / Model’s account with AGENCY.
3.4 For the sole purpose of legitimately promoting AGENCY on Studio Owner / Model’s personal web site or web space as provided to Studio Owner / Model via AGENCY, AGENCY hereby grants Studio Owner / Model a non-exclusive, non-transferable, royalty-free, worldwide sublicense to use the designated AGENCY name, trademark or service mark and the Content. The Content shall not be used by Studio Owner / Model for any commercial purpose, without first obtaining prior written consent of AGENCY.
3.5 Nothing contained in this Agreement shall be construed as a grant or assignment of any rights in any intellectual property owned by AGENCY, including, without limitation, any of its trademarks or service marks. No use of these marks shall be permitted except through the prior written authorization and permission of AGENCY.
3.6 Studio Owner / Model agrees not to use the Content for any unlawful purposes.
3.7 Studio Owner / Model may not use AGENCY to promote or solicit any URL or internet service other than that of AGENCY.
3.8 Studio Owner / Model may not use AGENCY to promote or solicit any political or religious views and/or any form of business or service.
4.0 Indemnity and Limitation of Liability
4.1 Studio Owner / Model shall indemnify and hold harmless AGENCY, its officers, directors, employees, and consultants against any and all expenses and losses (including reasonable attorney’s fees and costs) directly or indirectly incurred by AGENCY in connection with any claims of any kind arising from the breach of any terms, conditions, warranties or representations made by Studio Owner / Model in this agreement, including but not limited to, any criminal, intellectual property disputes, agreements, Studio Owner / Model and Performer consent forms, and/or other disputes or actions that may result from either the Content or the subject matter governed by this agreement.
4.2 IN NO CIRCUMSTANCE SHALL AGENCY BE LIABLE TO STUDIO OWNER / MODEL, OR OTHER PERSONS AND PERFORMERS WHO MAY APPEAR IN THE CONTENT, FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE LIMITS SET FORTH IN THIS SECTION WILL APPLY EVEN IF STUDIO OWNER / MODEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 IN THE EVENT THAT AGENCY IS HELD LIABLE TO STUDIO OWNER / MODEL, OR ANY OTHER PERSON IN ANY WAY, AGENCY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO AGENCY BY AGENCY’S USERS FOR THE CONTENT ATTRIBUTABLE TO THE STUDIO OWNER / MODEL.
5.0 Relationship Between Parties
5.1 Nothing in this Agreement shall be construed as creating a partnership or joint venture between the parties or making either party an agent or employee of the other, and at all times, Studio Owner / Model shall have no authority to make any representations or warranties on behalf of AGENCY.
5.2 Studio Owner / Model shall conduct his or her online business at his or her own cost, expense and liability, including without limitation any and all costs, expenses, and liabilities associated with those performers who appear in and/or create the Content.
5.3 STUDIO OWNER / MODEL HEREBY AGREES THAT HE OR SHE IS THE SELLER OF ALL GOODS AND SERVICES SOLD THROUGH AGENCY AND THAT STUDIO OWNER / MODEL SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES ASSOCIATED WITH THE REVENUE RECEIVED FROM THE SALE OF GOODS AND SERVICES THAT ARE GENERATED THROUGH AGENCY. AGENCY IS NOT RESPONSIBLE FOR, AND WILL NOT PAY ANY TAXES FOR THE GOODS OR SERVICES PROVIDED BY STUDIO OWNER / MODEL INCLUDING WITHOUT LIMITATION, FEDERAL OR STATE TAXES, INCOME WITHHOLDING TAXES, SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, DISABILITY TAXES AND/OR DIRECT OR INDIRECT TAXES LEVIED BY FOREIGN COUNTRIES.
5.4 Studio Owner / Model’s rights and obligations, as stated in this agreement, shall not be assigned or transferred to any other person or entity; any such assignment or transfer is void.
5.5 Studio Owner / Model agrees to be in full compliance with 18 U.S.C. § 2257 and to complete at signup, prior to producing Content on AGENCY, a RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257. Studio Owner / Model shall bear all risks, liabilities, and costs caused by Studio Owner / Model’s failure to comply with these terms under any associated laws, ordinances, rules, regulations, or requirements.
5.6 Studio Owner / Model hereby represents and warrants that each person affiliated with Studio Owner / Model that provides services in connection with this Agreement is at least eighteen (18) years of age. Studio Owner / Model agrees to furnish AGENCY with appropriate age documentation for each person who appears in each video uploaded to AGENCY by Studio Owner / Model.
5.7 Studio Owner / Model may, at the sole discretion of Agency, be compliant with 18 U.S.C. § 2257 by providing its own location for where said records are stored. In the event that the Studio Owner / Model is maintaining its own age verification records, Studio Owner / Model hereby represents and warrants that the location will be available to authorities during reasonable hours, and that the location will be displayed at studio / Model’s website.
6.0 General Terms
6.1 Studio Owner / Model agrees that he or she is solely responsible for the overall Content. Studio Owner / Model acknowledges and agrees that AGENCY may, in its sole discretion, delete and/or modify any aspect of the Content, including without limitation, content, messages, photos or profiles, that, in AGENCY’s sole discretion, violate the terms of any of its respective agreements or polices.
6.2 Either party to this Studio Owner / Model Agreement may terminate this relationship with the other party, at any time, subject to the fulfillment of any outstanding liabilities and/or remaining obligations to the other party. Without limiting any other remedies that AGENCY may have, in the event of a material breach of this agreement, AGENCY reserves the right to suspend Studio Owner / Model’s account immediately and/or terminate this Agreement without further notice. Upon termination of studio account or removal of videos by either party, AGENCY reassigns full copyright and ownership rights to Studio Owner / Model.
6.3 This agreement may be immediately terminated by AGENCY, at its sole discretion, in the event Studio Owner / Model is investigated or prosecuted for illegal, unfair, and/or exploitive practices.
6.4 In the event that notice of termination is provided by Studio Owner / Model to AGENCY, any sums due and owing to Studio Owner / Model shall be payable within thirty days after AGENCY receives written notice of such termination.
6.5 STUDIO OWNER / MODEL AGREES AND UNDERSTANDS THAT THE AGENCY’S WEBSITE NETWORK IS PROVIDED BY AGENCY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OR GUARANTEES OF PROFITABILITY OR CUSTOMER USAGE. NO ADVICE OR INFORMATION GIVEN BY AGENCY, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OR GUARANTEE OF ANY KIND WHATSOEVER.
6.6 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. STUDIO OWNER / MODEL SPECIFICALLY ACKNOWLEDGES THAT AGENCY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF SUBSCRIBERS OR OTHER CONTENT PROVIDERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MODEL.
6.7 Studio Owner / Model acknowledges that this Agreement and all agreements incorporated by reference herein may change from time to time, via print, electronic, e-mail, link to web page, click through agreement, or any other media or method AGENCY chooses. Therefore, it is important for the STUDIO OWNER / MODEL to read all such notices as listed above when announced via the web site. For any and all notice requirements stated in this agreement, email notice is valid written notice. Notwithstanding anything to the contrary in this agreement, AGENCY’s act of posting these changes online or e-mailing them to the STUDIO OWNER / MODEL, CONTINUED USE OF THE AGENCY WEB SITE, AND/OR STUDIO OWNER / MODEL’S ACT OF CASHING OR DEPOSITING THE USER REVENUE CHECKS SENT BY AGENCY, IS STUDIO OWNER / MODEL’S MEANS OF MANIFESTING ACCEPTANCE TO THE TERMS OF THIS AGREEMENT AND/OR ANY SUCH AGENCY MODIFICATION TO THIS AGREEMENT.
6.8 Any controversy or claim arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, shall be settled by binding arbitration in the State of Florida before one (1) arbitrator, in accordance with the commercial rules of the American Arbitration Association then existing, and judgment on all arbitration awards may be entered in any court having jurisdiction over the subject matter of the controversy. The arbitrator shall be selected by the American Arbitration Association and shall be a person experienced in negotiating, making and consummating agreements of the type of this Agreement. The Parties expressly agree that any and all disputes regarding the scope of jurisdiction of any arbitrator in any arbitration proceeding brought pursuant to this Agreement shall be resolved by the Parties through a declaratory relief action brought before a Florida State Court or United States Federal Court sitting in the State of Florida. The Parties hereby agree to stipulate to the jurisdiction of such courts for the purpose of resolving such scope of arbitration disputes.
6.9 Should any Party engage an attorney or institute any action or proceeding at law or in equity, or in connection with any arbitration, to enforce any provision of this Agreement or resolve any dispute regarding this Agreement, including, without limitation, any action for declaratory relief, or for damages by reason of an alleged breach of any provision of this Agreement, or otherwise in connection with this Agreement or any provision thereof, the prevailing Party shall be entitled to recover from the losing Party, all attorneys’ fees, costs and other expenses for services rendered to the prevailing Party pertaining to such action or proceeding.
6.10 Should any provision of this agreement be found by an arbitration panel or a court of law to be void, invalid or unenforceable under any applicable law or equity, such a finding shall not affect the remainder of this agreement, in part or in whole, that can still be given effect without the void, invalid or unenforceable provision; to that end, the provisions of this agreement are severable.
6.11 This agreement, including the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. § 2257 and those portions of the policies stated on the AGENCY web site, are expressly incorporated by reference herein and constitute the entire agreement between Studio Owner / Model and AGENCY relating to the subject matter of the Agreement and shall supersede any prior agreements between Studio Owner / Model and Agency. In the event that any policy, terms of service or supplementary agreement contradict the terms stated in this Agreement, the terms of this Agreement shall prevail.
6.12 This agreement has been made in, and shall be construed and enforced in accordance with the laws of the State of Florida.
6.13 This Agreement may be executed in counterparts, which together shall constitute one Agreement. Any signature delivered by a party via facsimile transmission shall be deemed to be an original signature hereto and binding upon receipt.
7.0 Studio Owner / Model Compensation
7.1 AGENCY agrees to pay Studio Owner / Model, during the term of this Agreement, as follows:
7.2 Studio Owner / Model will be paid 60% of all video download sales sold from Studio account (70% after 6 months).
7.3 Studio Owner / Model will be paid 30% of all video download sales sold from Affiliate links (35% after 6 months).
7.4 The above pay rates are based on the retail rate charged to customers as published at AGENCY or on AGENCY's affiliate websites by Studio Owner / Model for Video downloads at the time of the sale.
7.5 Payments will be made to Studio Owner / Model, it's Partners and Affiliates weekly each Friday for the previous pay period, unless that day falls on a weekend or national US holiday, in which case they are made on the following business day. Pay periods run Sunday through Saturday.