Privacy Policy

Account
Use of Services; Assumption of Risk
Your Additional Representations and Warranties
Third Party Links and Pages; Reliance on Content and Advice
Proprietary Rights
Content Provided
Noncommercial Use
Personal Communications and License to Your Content; Right to Block or Remove Content
Your Conduct
Member Interactions and Disputes
Subscription, Usage and Foreign Transaction Fees; Promotional Credits
Termination
Renewals
Webcam Model Agreement

We are committed to protecting the privacy of the personal information you provide to us through the Website. Any personal information submitted through the Website by you is subject to our Privacy Policy, which is incorporated herein by reference. PLEASE REVIEW OUR PRIVACY POLICY TO UNDERSTAND OUR PRACTICES WITH RESPECT TO YOUR PERSONAL INFORMATION. We do not knowingly collect personal information from persons under the age of 18. The date of the last update to our Privacy Policy will be noted at the top of our Privacy Policy.

  • Account

    In order to participate in or receive certain Services, you will be required to create an account with us (“Account”), and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
  • Use of Services; Assumption of Risk.

    The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
  • Your Additional Representations and Warranties.

    You further represent and warrant to us, under penalty of perjury, as follows:
    (a)   You will not provide or permit access or use of the Services, or your Account, by any minors;
    (b)   Your Account information is current, complete and accurate and you will promptly update all information to keep your Account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
    (c)   You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a “Specially Designated National”; or (iii) placed on the Commerce Department’s Table of Deny Orders;
    (d)   Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
    (e)   If you establish an Account, you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
    (f)   You are either single or separated from your spouse or domestic partner.
    (g)   You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, (iii) cause harm to us or our affiliated entities, (iv) manipulate the results or outcome of any contest, game, program, or promotion that awards Promotional Credits (defined below).
    PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
  • Proprietary Rights.

    The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
  • Content Provided "AS IS" Access to Content.

    You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or quality. All such Content is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law, and as further provided under the Communications Decency Act, for any Content provided by third parties. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
  • Noncommercial Use.

    The Services are made available for your personal, noncommercial use. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
  • Personal Communications and License to Your Content; Right to Block or Remove Content.

    (a)   You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Services are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications. We are not responsible for information that you choose to communicate to other users or members, or for the actions of other users or members, and you agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications or actions. Except as provided in our Privacy Policy, once you post, send or otherwise make publicly available any Content through the Services ("Personal Content"), you expressly grant us, and hereby represent that you have the right to grant us, a perpetual, irrevocable, world-wide, assignable, sub-licensable, and transferable right and license to quote, re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other works, distribute, transmit, broadcast, communicate, publicly display, publicly perform and otherwise exploit such Content in any form or media, anywhere, and without any notice or compensation to you of any kind. You hereby grant us all consents, rights and clearances to enable us to use such Personal Content for such purposes. Personal Content may be searchable by, and you may be able to view and search Personal Content on, different websites (i.e., different URLs in the form of "co-brands" or "private labels") operated by us or our affiliated entities. Personal Content may also be searchable by third-party search engines, such as google, yahoo and bing.
    (b)   We reserve the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion, deem to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this material or its dissemination is unlawful. We retain the right, but not the obligation, to monitor all transmissions and postings of Personal Content and other materials from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a user or member.
  • Your Conduct.

    You further agree not to use the Services to:
    (a)   upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    (b)   harm minors in any way or commit abuse;
    (c)   impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
    (d)   forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    (e)   upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    (f)   upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
    (g)   upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing codes," "link referral code," or any other form of commercial solicitation;
    (h)   upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
    (i)   disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users' or members' ability to engage in real-time exchanges;
    (j)   interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
    (k)   violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    (l)   provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    (m)   "stalk" or otherwise harass another person or user or member;
    (n)   collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users' or members' private information; or
    (o)   disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
    PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO OUR CUSTOMER SERVICE DEPARTMENT.
  • Member Interactions and Disputes.

    (a)   YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY USE THE REPORT ABUSE PAGE PROVIDED ON THE WEBSITE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.
    (b)   In the event that you have a dispute with one or more other users or members, you hereby release us, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
  • Subscription, Usage and Foreign Transaction Fees; Promotional Credits.

    (a)   Subscription Fees. Certain Services are subject to subscription fees ("Subscription Fees"). These Subscription Fees are provided to you upon registration and may change from time to time. Unless otherwise indicated, Subscriptions Fees cover an initial period, for which there is a one time charge, followed by recurring periodic charges for subsequent periods as agreed to by you upon registration. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING AT OUR REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES APPLIED BEFORE WE CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD FOR SUBSCRIPTIONS, GO TO THE BILLING HISTORY PAGE.
    (b)   Other Fees. Certain other Services may require you to make one-time payments or prepay certain amounts for credits, tokens, digital items or goods which may be redeemed solely for specified Services ("Credits"). Credits, as well as unused balances as described in Section 14(c), may not be redeemed for cash and may not be returned or forfeited for a cash refund, except as may be required by applicable law. In addition, Credits and unused balances are not transferable.
    (c)   Usage Fees. Certain Services may require a sufficient balance of funds in your Account against which usage or similar fees (e.g., pay per minute or pay per view) may be charged.
    (d)   Foreign Transaction Fees. We may use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
    (e)   Promotional Credits. You expressly acknowledge that any promotion that provides points, pre-recorded shows, or similar credits or benefits (collectively, "Promotional Credits") may be terminated by us in our sole discretion at any time. If you have not logged into your account in the previous 180 days or if your membership is terminated for any reason, your Promotional Credits, if any, will expire and be forfeited. Unless expressly indicated for the specific promotion, Promotional Credits have no cash value and may not be redeemed for cash, converted for other Services and/or transferred to third-parties.
  • Termination.

    (a)   We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any membership and/or subscription with us by sending notice to you at the email address you provided in your application for membership, or pursuant to Section 31 below. All decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
    (b)   You may terminate your Account, membership and/or subscription with us at any time, and termination will be effective immediately upon receipt of notice in accordance with Section 31. Refunds will be provided 60 days after proper request made at contact form.
    (c)   Upon termination of these Terms for any reason, those provisions which, by their nature survive termination shall survive termination in accordance with their respective terms.
  • Renewals.

    (a)   In order to provide continuous service, we automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Such renewals shall be (i) for a period equivalent to the period of your initial subscription to the Services or a shorter period of time if specified, and (ii) in our discretion, at the price of the same or comparable Services then in effect. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please go to the BILLING HISTORY PAGE and turn auto-renewal off.
    (b)   Your non-termination or continued use of the Services reaffirms that we are authorized to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to, or otherwise joined, the Services.
  • Webcam Model Agreement.

    This Agreement is entered into by and between SpankNetwork.com ("AGENCY") and "Model".

    WHEREAS, AGENCY is engaged in the business of Internet Video conferencing; and
    WHEREAS, Model is a performer in the business of originating, producing and providing original live entertainment for transmission and broadcast over the Internet; and
    WHEREAS, AGENCY desire to allow Model to engage in lawful performance of the live entertainment that Model originates and produces for customers accessing the Internet site, AGENCY; and
    WHEREAS 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. Model hereby agrees, represents and warrants:

    1.1 Model will remain solely responsible for all of the Content for distribution via the AGENCY website. The term "Content" as used in this Agreement shall be meant to include all real-time or archived digital images, video chat sessions, recorded performances, audio, text, and other similar materials created by the Model.
    1.2 Model warrants and represents he/she is a consenting adult over the age of eighteen (18) years and has provided acceptable proof of age which shall consisting of a valid government photo identification document (passport, state driver license, military identification card, or state photo identification card). Model must provide AGENCY with a color, digitally scanned copy of such documentation and email such depiction to AGENCY in JPG, GIF, PDF, or TIF format. Photocopies of such documentation will not be accepted. A Model will not be issued an account at AGENCY until the age verification identification has been submitted and accepted by AGENCY.
    1.3 Model shall fully complete the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. 2257 and return it to AGENCY.

    Model will not be issued an account at AGENCY until the statement has been submitted and accepted by AGENCY.

    1.4 Model agrees to accept full payment from AGENCY in his or her own name, not in affiliation with any third party or studio.
    1.4 a) Model agrees that payments to affiliates, also referred to as AGENTS on the website, are made directly from AGENCY to the agent; such payments are not deducted from model earnings.
    1.5 Model agrees that he/she will not violate any law concerning obscenity. A Model may not portray depictions of sex involving any person under the age of eighteen (18) years of age, rape, incest, torture, bestiality, fisting, necrophilia, any form of child pornography, urination, and or defecation.
    1.6 Model agrees that he/she will not solicit sexual services while using the AGENCY web site for any sexual favors either monetary or gratuitously and such behavior is grounds for immediate termination of this contract.
    1.7 Model represents to AGENCY that the Content complies with the laws and regulations applicable in (i) Model 's country of origin, (ii) Model 's local community, and (iii) the United States.
    1.8 Model will furnish, at her expense, all property, space, computers, computer equipment, furniture, clothing, lingerie, materials, etc., used in the course of the creation of the Content.
    1.9 Model agrees to provide, at its sole cost and expense and solely for 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, a video camera that connects to a home computer and an Internet connection (cable or DSL) of at least 512 Kb (kilobit) upstream and 256 Kb (kilobit) downstream per video stream. Model shall be solely obligated to ensure that any equipment purchased or otherwise acquired is in furtherance of her activities and is compatible with the Web Site.
    1.10 Model hereby agrees to and expressly consents to AGENCY's right to access, monitor and/or record the video chat sessions and/or the C ontent to ensure compliance with AGENCY 's policies as set forth on the AGENCY web site and/or the laws and regulations of (i) the M odel 's country of origin, (ii) the Model 's local communities, and (iii) the United States.

    2. AGENCY hereby agrees, represents and warrants:

    2.1 AGENCY hereby grants to 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 Model distributes via the AGENCY web site.
    2.2 AGENCY shall allow Model to use the Content for 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.
    2.3 During the term of this Agreement and on the terms and conditions set forth herein, AGENCY agrees to provide Model with access to broadcast on the AGENCY Web site or network, for the purpose of providing the Performance for AGENCY 's customers for a portion of the gross revenue collected for said services as published on AGENCY 's website.

    3. Intellectual Property

    3.1 Model hereby represents that he/she created and thus owns or has obtained all intellectual property rights, interests, and licenses in the Content. 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 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. 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.
    3.3 For the sole purpose of legitimately promoting AGENCY on Model 's personal web site or web space as provided to Model via AGENCY, AGENCY hereby grants 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 Model for any commercial purpose, without first obtaining prior written consent of AGENCY.
    3.4 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.
    3.5 Model agrees not to use the Content for any unlawful purposes.
    3.6 Model may not use AGENCY to promote or solicit any URL or internet service other than that of AGENCY.
    3.7 Model may not use AGENCY to promote or solicit any political or religious views and/or any form of business or service.

    4. Indemnity and Limitation of Liability

    4.1 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 a rising from the breach of any terms, conditions, warranties or representations made by Model in this agreement, including but not limited to, any criminal, intellectual property disputes, agreements, model 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 MODEL, OR OTHER PERSONS 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 MODEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4.3 IN THE EVENT THAT AGENCY IS HELD LIABLE TO 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 MODEL.

    5. 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, Model shall have no authority to make any representations or warranties on behalf of AGENCY.
    5.2 Model shall conduct her online business at its own cost, expense and liability, including without limitation any and all costs, expenses, and liabilities associated who appear in and/or create the Content.
    5.3 MODEL HEREBY AGREES THAT HE/SHE IS THE SELLER OF ALL GOODS AND SERVICES SOLD THROUGH AGENCY AND THAT 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 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 MODEL HEREBY AGREES TO RECEIVE PAYMENTS DIRECTLY TO HIS OR HER OWN ACCOUNT IN HIS OR HER NAME, IN THE COUNTRY STATED ON THE MODEL APPLICATION. PAYMENTS WILL NOT BE ISSUED TO THIRD PARTIES OR TO ACCOUNTS NOT IN THE SAME COUNTRY. 5.5 Model hereby appoints AGENCY as his/her exclusive representative CLIENTS for the entire duration of this agreement. Upon the termination of this agreement, Model unconditionally agrees not to work for CLIENTS or their affiliates, either directly or indirectly, for a period of one year.
    5.6 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.
    5.7 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. Model shall bear all risks, liabilities, and costs caused by M odel 's failure to comply with these terms under any associated laws, ordinances, rules, regulations, or requirements.
    5.8 Model hereby represents and warrants that each person affiliated with Model that provides services in connection with this Agreement is at least eighteen (18) years of age. Model agrees to furnish AGENCY with appropriate age documentation for each person when requested by AGENCY.

    6. General Terms

    6.1 Model agrees that he/she is solely responsible for the overall Content. 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 agreement may terminate this relationship with the other party, with not less than forty-eight (48) hours written advance notice, 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, reserves the right to suspend Model 's account i mmediately and/or terminate this Agreement without further notice.
    6.3 This agreement may be immediately terminated by AGENCY, at its sole discretion, in the event Model is investigated or prosecuted for illegal, unfair, and/or exploitive practices.
    6.4 In the event that notice of termination is provided by Model to AGENCY, any sums due and owing to Model shall be payable within thirty days after AGENCY receives written notice of such termination.
    6.5 MODEL AGREES AND UNDERSTANDS THAT THE AGENCY WEB SITE IS PROVIDED BY AGENCY ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR I MPLIED, 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. MODEL SPECIFICALLY ACKNOWLEDGES THAT AGENCY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVEO R ILLEGAL CONDUCT OF SUBSCRIBERS OR OTHER CONTENT PROVIDERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MODEL.
    6.7 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 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 c hanges online or e-mailing them to Model and MODEL 'S CONTINUED USE OF THE AGENCY WEB SITE, AND/OR MODEL.S ACT O F CASHING OR DEPOSITING THE USER REVENUE CHECKS SENT BY AGENCY, IS MODEL 'S MEANS OF MANIFESTING A CCEPTANCE 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 s ervices 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 Model and AGENCY relating to the subject matter of the Agreement and shall supersede any prior agreements between 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 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.