GENERAL TERMS AND CONDITIONS OF
The present general terms and conditions shall apply to the visits to and use of this Web Site and the other services we offer.
Study the present general terms and conditions carefully before you visit the Web Site and/or use our services. If you cannot agree to one or more items in our general terms and conditions or if you experience any difficulty when reading the present general terms and conditions, immediately abort the visit to this Web Site.
This or any future visit to this Web Site and/or use of our services, shall imply you fully accept the present general terms and conditions without any reservation.
Article 1:†††††††† Definitions
1.1 : Private company with limited liability , established and having its principal place of business at the address Beursplein 37 in Rotterdam (Postbus [P.O. Box] 3001, 3117 BA), Chamber of Commerce nr. 52306054.
1.2 User: the person who visits this Web Site and/or uses the services or products offered by .
1.3 Web Site: a medium for the presentation of information via the internet, more in particular the Web Site with the domain name www.xlovecam.com.
1.4 Content: the content of the Web Site; said content consists among other things, but not exclusively, of movies, photos, texts and video images.
1.5 Performer: person who, possibly on the instructions of a User, commits acts in front of the camera and shows these images via, for instance, a computer and an internet connection via the Web Site.
Article 2:†††††††† General Terms and Conditions and Sphere of Action
2.1 The present general terms and conditions shall apply between and the User.
2.2 The present general terms and conditions shall prevail over the current legal and treaty provisions, unless regulatory measures of binding force result from the legal and treaty provisions.
2.3 The present general terms and conditions shall apply to the use of the Web Site and/or the services or products offered by .
2.4 Wherever parts of the present general terms and conditions would prove to be null and void or annullable, the remaining parts shall remain in force and the part concerned shall, for that mater, be substituted by a part that is valid indeed and which shall be as close as possible to the tenor of the original part.
Article 3:†††††††† Object of the Web Site
The object of this Web Site is to support certain web cam services as offered by the Performer, and the payment of said web cam services.
Article 4:†††††††† Registration
4.1 The User shall have to be 18 years old when he registers or be of age according to the legislation of the country the User is staying in.
4.2 The User shall have to go through the entire registration procedure. When registering, the User shall have to provide the information asked for, truthfully, completely and which is up-to-date.
4.3 In the event any changes occur to the information provided, the User shall forthwith have to notify thereof.
4.4 In the event suspects or actually knows that the User has provided incorrect data or has failed to adjust the data in the event changes have occurred to it, shall be entitled to dissolve or suspend the agreement with immediate effect.
Article 5:†††††††† Account
5.1 The account shall be intended for strict personal use and cannot be transferred to any third party.
5.2 Creating an account for a third party shall be prohibited.
5.3 Creating an account that is actually used by another party shall be prohibited.
5.4 The User shall indemnify against any liability that might arise by virtue of the present article.
Article 6:†††††††† Liability
6.1 shall make every effort possible to make the Web Site available without any interruption and to protect it with all reasonable means.
6.2 User cannot in any way hold liable for hindrance due to activities, problems, interventions, changes or functionality restrictions or any other events that have an impact on the availability of the Web Site or other products or services, but only for damages arising out of its intentional misconduct towards User or materially negligent performance of any of its obligations under the Agreement.. shall equally not be liable for problems that may arise to the Userís computer system due to viruses, Trojan horses, spyware and/or attempts by third parties to access the Userís computer system.
Article 7:†††††††† Password and User Name
7.1 The password and the user name shall be strictly personal and may therefore not be transferred to any third party.
7.2 Making the password and the user name available to third parties allowing the latter to log on without authorisation, shall be prohibited. The User shall have to show the highest degree of care possible in respect of the password so that the password does not get lost or become known.
7.3 shall not be liable for the loss of the password or the fact that it becomes known, allowing third parties to access the Userís account. User shall be liable in this case for the damage sustained by . The costs of the unauthorised use of the account shall furthermore be charged to the original User.
7.4 Whenever there is a conjecture of misuse, the User shall have to notify forthwith.
7.5 can never be held liable by virtue of the present article.
Article 8:†††††††† Use of the Web Site
8.1 The Userís computer shall have to be installed in such manner that children do not have access to the Web Site.
8.2 The User shall not be at liberty to pass on personal information, such as name and contact information, to Performers and other users.
8.3 The user shall not be at liberty to take on a false identity.
8.4 The User shall be prohibited to commit (sexual) acts that are contrary to the legislation, the public order and/or public decency of the country the User is staying in the moment he uses the Web Site.
8.5 The User shall be prohibited to treat the Performer rudely, to incite the Performer to prostitution, to threaten the Performer, to blackmail the Performer and/or to use abusive language and, generally speaking, to do anything contrary to the current laws and/or conventions.
8.6 The User shall be prohibited to incite the Performer to have sex with minors, to have sex with animals, to engage in SM activities, to incite the Performer to engage in urologany, to incite the Performer to self-mutilation, to incite the Performer to engage in bondage activities and/or to incite the Performer to commit acts that are contrary to any statutory provision of the country the User is staying in when he uses the Web Site.
8.7 The User shall not be at liberty to send on the web cam images via any media whatsoever to any third party.
Article 9:†††††††† Technical Computer Requirements
In order to make proper use of all the parts of the Web Site, the User needs to have a computer equipped to access the internet, a web cam, a broadband internet connection and the most recent version(s) of the software needed.
Article 10:†††††† Intellectual Property
10.1All intellectual property rights as well as all similar rights attaching to all of the services, products and information offered on the Web Site, shall be vested exclusively in and/or the latterís legally authorised representative(s).
10.2Nothing of this Web Site can be duplicated without consent in writing of .
10.3To the extent the Performer sends texts, images, sound and/or software or leaves such on the Web Site, the User shall assign all the intellectual property rights attaching to them, to and shall indemnify and/or the latterí legally authorised representative(s) against claims lodged by third parties.
Article 11:†††††† Payments
11.1For the services rendered to the User by the Performer, the User shall owe a rate per minute fixed by the and the Performer. The rate the User has to pay, shall be settled with the User in a manner to be determined by .
11.2 User shall buy a credit on the Website to settle the rate on the way as is set forth on the Web Site by . No right of withdrawl will apply to these transactions.
11.3 Credits are valid for 24 Months. Credits will never be refunded.
Article 12:†††††† Term and termination
12.1. This agreement, the membership, will be valid until termination by one of the parties.
12.2. In the event any of the stipulations set out in the present general terms and conditions is violated, shall have the right to dissolve the agreement with immediate effect. No prior notice of default shall be required in the event the agreement is dissolved. Amounts potentially paid by the User, shall not be refunded by .
Article 13:†††††† Changes to Prices and the General Terms and Conditions
13.1 shall reserve the right to change the rates of its services at all times.
13.2 shall reserve the right to adjust / update / change or to make the present general terms and conditions more complete. The User shall always be notified if such is the case. In that case he will also be offered the opportunity to terminate the contract.
13.3 shall refuse to accept any kind of liability for potentially adverse effects that might result from changes introduced to the content of the Web Site or the general terms and conditions.
Article 14:†††††† Applicable Law and Competent Court
14.1In case of a discrepancy between these Terms and Conditions and the Dutch version of these Terms and Conditions, the Dutch version will prevail.
14.2Dutch law shall apply to the present general terms and conditions.
14.3Disputes arising by virtue of the present general terms and conditions or the use of the Web Site, shall be settled by the Court in Rotterdam, subject to the competence rules stating that another court is competent further to imperative provisions.