Member Legal Page
Please read the following Terms & Conditions carefully
A) By entering and using the Site you agree to be bound by these Terms and Conditions. These terms and condition are a binding agreement.
B) The following Terms and Conditions comprise the entire agreement between Divascam.com and you, superseding any prior agreements between you and Divascam.com.
C) Divascam.com may, from time to time, change the Terms and Conditions. You agree to review the Terms and Conditions periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section below. Please note that your continued use of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes.
D) As a user of the Site you may access some parts of the Divascam.com system however you are not automatically granted with all privileges regarding the Divascam.com system and some of the features and services on the Site are not free of charge.
E) Divascam.com complies with 18 U.S.C. § 2257, and its regulations. All models that appear in any visual depiction of actual sexually explicit conduct (as that term is defined in 18 U.S.C. § 2257) appearing or otherwise contained in this website were at least eighteen years old at the time of the creation of such depictions.
The owners and operators of this website are not the primary producer (as that term is defined in 28 C.F.R. § 75.1(c)(2)) of any of the visual content contained in this website. However, Divascam.com may have copies of a record of the ages of those persons portrayed in any sexually explicit materials on this site. Divascam.com WILL NOT RELEASE THESE RECORDS TO ANYONE OTHER THAT THE ATTORNEY GENERAL OF THE UNITED STATE, OR HIS DESIGNATED REPRESENTATIVE, OR AS OTHERWISE REQUIRED BY OPERATION OF LAW.
In fulfilling its obligations under 18 U.S.C. § 2257, Divascam.com relies on the plain language of the statute and on the well-reasoned decision of the United States Court of Appeals for the Tenth Circuit in Sundance Associates, Inc. v. Reno, 139 F.3d 804, 808 (10th Cir 1998), which held that entities which have no role in the "hiring, contracting for, managing, or otherwise arranging for the participation" of the models or performers, are exempt from the record-keeping requirements of 18 U.S.C. § 2257.
2) MEMBER'S ACCOUNT AND ACCOUNT INFORMATION
A) You certify that you are at least 18 years of age. You hereby agree to provide Divascam.com with true, complete and up-to-date information regarding your registration and billing information. Any Member providing Divascam.com with information that is not true, complete and up-to-date shall face immediate termination of accounts in Divascam.com and is subject to civil and criminal liability.
B) Every registering Member chooses a password and a screen name. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's property rights or a screen name that is offensive or inappropriate.
C) It is clarified that Divascam.com owns all screen names used on the Site.
D) During your joining procedure, you will be required to download a simple program, which enables Divascam.com to recognize some of your personal details. This is an important part of the Divascam.com fraud preventing policy.
E) You are solely and entirely liable for all activities on the Site and connected to the Site, conducted through your account. Please note that, as a Member of the Site you may not permit any other person to use your Member's account. Your Membership, username and password (Login), may not be assigned or transferred to any other person or entity. You must promptly inform Divascam.com of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
F) Members who have their account terminated by Divascam.com may not access the Site without the prior express written permission of Divascam.com.
G) Cancellation of your account:
You may cancel your account on the Site, at any time, by going to the own control panel. In all cases of cancellation of your account you will remain liable for all payments of your account as well as other such liabilities. In case of cancellation of account no credits on the Divascam.com system will be credited, reimbursed or refunded to you.
H) Termination of your account:
Divascam.com reserve the right to terminate your Membership at any time. In cases of termination of your account you will remain liable for all payments of your account as well as other such liabilities. In case of termination of your account due to a breach of no credits on the Divascam.com system will be credited to you or can be converted to cash or other form of reimbursement. Furthermore, in any case the Site is terminated it is hereby clarified that all Memberships (of all kinds) are terminated immediately, without any prior notifications by Divascam.com.
3) BILLING AND PAYMENTS
A) Divascam.com has no basic fee for membership to the Divascam.com Site. However, certain of the Communications Services and other features on the Site do cost money. The applicable rates or the methods by which the applicable rates are determined are described on the Site generally at the location from which you enter a paying service.
B) The prices for the Video Chats are per-minute prices and are disclosed to you prior to your entrance into the Video Chat room. Prices and terms for all such services are prominently labeled and are presented prior to commencement of such service; the bank may charge additional transaction fees. Refunds are not provided.
C) You are able to see all of your records of usage of the Divascam.com system as well as the status of your credits from the contro panel. For billing inquiries, please turn to the Divascam.com Customer Support, at any time.
D) It is agreed that each time you enter and use the Divascam.com systems; you agree that Divascam.com is authorized to charge your credit card. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with Divascam.com. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You here by agree that Divascam.com may, at its own discretion, accumulate your charges. If you want to see the components of your accumulated charges, you are able to do so from the control panel.
E) You may choose to make your payments by credit card, by check and/or by money wires directly to the Divascam.com bank account. Credit card charges are processed via one of Divascam's third party processors, which are fully secured and guaranteed to ensure the Member's absolute privacy and reliability in the amount charged.
F) Please Note: You must carry out all of your payment commitments to Divascam.com on time. In case Divascam.com does not receive the full amount of your owed Divascam.com account on due time you will be liable for all attorney and collection fees regarding efforts to collect any unpaid payments owed by you. In cases of termination and/or cancellation of your account you will remain liable for all payments of your account as well as other such liabilities.
G) It is hereby clarified that ImLive.com has the right, at its own and sole discretion and at all time, to change the billing and payments methods and to add or remove other methods regarding the billing and payments issues. Divascam.com reserves the right, at its own and sole discretion and at all time, to change all and any fees and charges regarding the use of the Communications Services and other features of the Site. In case you do not wish to remain a member due to the change in the Terms and Conditions, you may terminate your membership as provided in the Cancellation Section above. Please note that your continued use of the Communications Services and other features of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes.
H) You (and you alone) are responsible for all charges associated with connecting to Divascam.com.
I) Please note that in any case of a charge back occurring from your credit card to one or more charges of Divascam.com, your account will be terminated immediately and all of your credits in the Divascam.com system will be forfeited. If you have some questions and/or regarding one or more of the transactions regarding the usage of the Divascam.com system, please feel free to contact Divascam.com customer service.
The basic policy of Divascam.com is not to provide refunds to Members unless specific extraordinary circumstances apply. Divascam.com has a no-refunds policy. In some cases Divascam.com may issue refunds to Members that turn to Divascam.com, in the form of credits of free time in the Divascam.com system. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check. Please note that in case of cancellation of account no credits on the Divascam.com system will be credited to you or can be converted to cash or other form of reimbursement.
4) THE DIVASCAM.COM CONTENT
A) You hereby acknowledge that all of the information and content on the Site, including but not excluding: software, photos, videos communications and other such material and/or services are provided under license by independent Hosts and/or other Members and/or by Divascam.com and its affiliates.
B) Divascam.com itself owns a copyright in the arrangement and coordination of such content and information. It is clarified that Divascam.com does not prescreen and does not hold the responsibility for the content and information published and/or displayed on the Site including in the Video Chat rooms. However, Divascam.com shall have the right to remove content (as well as to immediately disconnect Members from the services on the Site, in any case Divascam.com deems that the content or the information is harmful, offensive or otherwise violating these Terms and Conditions.
C)You, and not Divascam.com, are entirely responsible for all content that you submit, upload, post, email, transmit or otherwise make avaible via Divascam.com. You Understand that alla content, including without limitation information, communications, software, images, graphics, music, sound, text, and other material reflect the views of the authors or creator, are not the view or content attributable to Divascam.com and are the sole responsibility of the person from whom such content originated. You agree that such Content does not intentionally or unintentionally violate any applicable local, state, national or internationallaw, including, but not limited to 18 U.S.C. Section 2257 and regulations promulgated thereunder by the U.S. Department of Justice.
D) All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Divascam.com permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and entering a Video Chat room you grant Divascam.com the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content.
E) Please note that some of the Divascam.com features contain content that may be inappropriate for minors. You acknowledge that Divascam.com cannot, and does not intend to, screen communication between Members and Hosts as well as other content on the Site, in advance. Therefore, Divascam.com shall not be held liable for any of the content provided by Members and/or Hosts on the Site. However, Divascam.com may, at its sole discretion, choose to monitor some or all, of the content. It is hereby clarified that in cases Divascam.com decides that any conduct by a Member that restricts or inhibits any other Member and/or Host, person or entity from using or enjoying Divascam.com, Divascam.com shall immediately terminate that Member's membership.
F) You understand that certain products (e.g., sex toys) which may be made available on the Site may be inappropriate for minors. Such products are not manufactured by Divascam.com but are manufactured by others. You understand and agree that you will use any such products only in compliance with any manufacturer's instructions for use accompanying such products.
G) You are hereby committed to use the Divascam.com systems for lawful purposes only. Under no circumstances will you use your Membership and/or your account to do the following:
Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Member and/or Host and/or user of Divascam.com or any other person or entity;
Disturb other Members and/or Hosts while on the Site;
Impersonate any person or entity, including, but not limited to a minor or an Divascam.com official representative;
Post or transmit, or cause to be posted or transmitted the following: any unsolicited advertising, promotional materials, or other forms of solicitation to other Members, Hosts and/or other entities; any communication or solicitation designed or intended to obtain password, account, or private financial information from any Member and/or Host;
H) In order to protect its Members from offensive e-mail communication Divascam.com reserves the right (among others) to block mass e-mail solicitations.
5) ADULT ACTIVITIES
PARTS OF THIS SITE ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS(INCLUDING ANY PRODUCTS OR FEATURES) WHICH ARE AVAILABLE WITHIN THIS SITE MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
6) RESTRICTED LOCATIONS
THE SITE MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
7) As a Member you are personally liable for, and shall defend, indemnify and hold Divascam.com harmless from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys' fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Member or with or under the authority of any other including governmental agency.
WARRANTIES COVERING ANY PRODUCTS AVAILABLE FOR PURCHASE ON THIS SITE ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND DIVASCAM.COM MAKES NO ANY WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS. EXCEPT FOR ANY SUCH MANUFACTURERS' WARRANTIES, THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT MEMBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND MEMBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
THE SITE MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO MEMBER OR ANYONE CLAIMING THROUGH MEMBER, MEMBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL DIVASCAM.COM BE HELD RESPONSIBLE FOR (I) ANY DEFECT, DEFICIENCY, BREAKDOWN, FAILURE OR OTHER MALFUNCTIONS IN THE SITE OR IN ANY PRODUCTS, SERVICES, FEATURES OR DEVICES MADE AVAILABLE THROUGH THE SITE; (II) ANY MISUSE OF THE SITE OR ANY PRODUCTS, SERVICES, FEATURES OR DEVICES MADE AVAILABLE THROUGH THE SITE; (III) ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, INCLUDING ANY REPRESENTATIONS MADE BY YOU; AND/OR (III) ANY DAMAGES ARISING DIRECTLY AND/OR INDIRECTLY FROM OR BY REASON OF ANY BODILY INJURY OR PERSONAL INJURIES KNOWN OR UNKNOWN, DEATH OR PROPERTY DAMAGE RESULTING OR TO RESULT FROM ANY ACCIDENT THAT MAY OCCUR AS A RESULT OF YOUR PARTICIPATION IN THE SITE OR ANY ACTIVITIES IN CONNECTION WITH THE USE OF THE SITE AND ANY PRODUCTS, SERVICES, FEATURES, DEVICES (E.G., ADULT TOYS) AVAILABLE THROUGH THE SITE, WHETHER BY NEGLIGENCE OR NOT.
IN THE EVENT THE SITE IS FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE'S OWNER SHALL BE LIABLE FOR NO MORE THAN THE AMOUNT PAID BY OR ON BEHALF OF THE MEMBER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE'S OWNER, OR ANY OF THEIR SUPLIERS, LICENSES OR OTHER MEMBER S BE LIABLE, TO MEMBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
9) ADDITIONAL TERMS AND CONDITIONS
a) In addition to these Terms and Conditions, the Site may have additional Terms and Conditions that are published on specific pages on the Site, and shall become, an integral part of these Terms and Conditions. If any provision of these Terms and Conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these Terms and Conditions enforceable. Divascam.com's performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of Divascam.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Divascam.com with respect to such use. Unless otherwise specifically provided, the provisions of these Terms and Conditions shall survive its termination.
b) The Site enables you to share information with other Members and/or Hosts and/or users. You agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of these Terms and Conditions. You agree not to engage in advertising to, or solicitation of other Members and/or users to buy or sell any products or services through the Site without prior written consent. You alone are responsible for information you send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
Notices by the Site to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional mail.
Notices by you to the Site may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
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