1st Clause: MyCams.com - Content
The terms of this agreement (the 'Agreement') govern the relationship between you (as Guest and/or Member) and MyCams.com regarding the use of services on MyCams.com website. In this agreement 'MyCams.com' means Duodecad IT Services Luxembourg S.à r.l., with the registered address at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg, as the operator of the website.
Member/Customer/Subscriber – The visitor who signs up to the services of the site.
Guest – The visitor who enters on and/or visits the MyCams.com website without registering to the services of the site.
Adult Service Provider (ASP)/ Performer – An adult entity older than age 18 or 21 in some region, who provides shows, chats or interacts with visitors of the site.
Credit Balance – At MyCams.com, Members have the opportunity of obtaining Credits to pay for premium services, by purchasing packages. Payments are securely processed by our payment processors, and the purchased Credits consequently appear on the Member’s account as a balance.
Free Chat – An uninhibited option to interact with Adult Service Providers in a form of writing on-screen text messages.
Private Chat – In Private Chat, Members are permitted to write or even talk (voice communication) with ASPs face-to-face, in exclusion from the general users.
By entering and/or registering on the website you give your consent to and accept the following:
- 1.1.MyCams.com is an online adult interactive website (including nude and non-nude erotic and sexual content). Therefore, its access by minors is prohibited. The access to MyCams.com is not recommended to persons who might be sensitive to adult entertainment content, any eventual access of MyCams.com by such persons will be their sole responsibility.
- 1.2.The adult entertainment provided on the website is rendered by female and male individuals over the age of 18 spread worldwide, who are commonly designated Adult Service Providers (ASP).
- 1.3.The Adult Service Providers (ASP) chat and carry out live webcam shows, in front of their camera, for subscribers all over the world, who have selected them according to live streams, images, offline (teaser) and paying videos.
- 1.4.MyCams.com offers ASPs in the following categories:
- 1.4.1.Girl: One female model online from who you can request a nude, erotic show during Private according to her Willingness setting.
- 1.4.2.Lesbians: Two female models online from who you can request a nude, erotic show during Private according to their Willingness setting.
- 1.4.3.Mature female: One, at least 30-year-old model online from who you can request a nude, erotic show during Private according to her Willingness setting.
- 1.4.4.Couple: Couples or groups of 3-4 models online from who you can request a nude, erotic show during Private according to their Willingness setting.
- 1.4.5.Fetish: One female model online, spiced up with fetish accessories and extreme undertakings from who you can request a nude, erotic show during Private according to her Willingness setting.
- 1.4.6.Boy: One male model online from who you can request a nude, erotic show during Private according to his Willingness setting.
- 1.4.7.Gays: One or more male models online from who you can request a nude, erotic show during Private according to his Willingness setting.
- 1.4.8.Transsexual: One or more transsexual models online from who you can request a nude, erotic show during Private according to their Willingness setting.
- 1.4.9.In Hot Flirt category, nudity or sexually provocative behavior is forbidden on free chat. In private chat however Performers are free to decide what kind of show they are willing to provide.
- 1.4.10.Non-nude: Models of this category are not supposed to provide or imply any sexually explicit content, be it written, image or a live camera feed. They chat within the subject specified by their subcategory.
As a general rule, models are not allowed to provide nudity or any sexually explicit content in Free chat area.
- 1.5.MyCams.com uses the two most popular industry-standard technologies on its pages for the sake of perfectly customized content and to grant the greatest comfort available. At MyCams.com the subscriber is a King!
2nd Clause: MyCams.com - Services and warranties
- 2.1.MyCams.com is divided in specific areas, which provide free and payable Adult Entertainment services. MyCams.com is constantly adding new services in order to accommodate its subscribers' requirements.
- 2.2.Prior to selecting the services intended, it is important to consult the content, price list and means of payment (credit and debit cards, online checks, etc.) established for such services for your country. This information is available on the website.
- 2.3.The publication of different content on the website does not mean that MyCams.com supports the author or takes the responsibility for such content.
- 2.4.MyCams.com makes, to the extent permitted by law, no warranties or representations as to the information, services or products provided through or in connection with the service. Subscribers' and/or Guest's use of the service is at their own risk.
- 2.5.MyCams.com seeks, at all times, to provide each subscriber with the best content and services available. However, it cannot give warranty of merchantability, fitness for any purpose, or non-results of the use of the content in terms of their correctness, accuracy, timeliness and reliability or otherwise.
- 2.6.Neither MyCams.com nor any party involved in creating, producing, or delivering the service or content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to, use of, or interpretation of, the services, products or information provided by or through MyCams.com, without prejudice to the terms established below in the present Agreement.
- 2.7.Upon an explicit approval from the customer (Via email, or chatting mode), the MyCams.com Customer Service Team will initiate a remotely controlled session to access the customer’s computer in order to fix technical problems or to gain system information to find origin of an error.
By expressing his approval to a ‘remote control session’, the customer undertakes and agrees to waive any legal action he may have against MyCams.com as well as its staff, in relation to the remotely controlled session.
3rd Clause: MyCams.com - Principles
- 3.1.MyCams.com has no intention to support immoral interests; therefore strict rules have been set forth.
- 3.2.As a Platinum Sponsor Member of the Association of Sites Advocating Child Protection (ASACP) and member of the Restricted to Adults Association (RTA), as well as of the Internet Content Rating Association (ICRA), MyCams.com is committed to the protection of underage individuals.
- 3.3.MyCams.com's services are only available for persons over the age of 18 (21 in some regions). Therefore, no sexually explicit material is within the easy reach of minors.
- 3.4.Persons under the age of 18 (21 in some regions) are also not allowed to be Adult Service Providers (ASP). Consequently, all Adult Service Providers (ASP) were 18 years of age or older (21 in some regions) during the time of photography, as per proof of age held by the custodian of records. Under no circumstances does MyCams.com present Adult Service Providers (ASP) as children.
- 3.5.All Adult Service Providers (ASP) must fulfill three major requirements:
- 3.5.1.signing of an agreement declaring, namely, the genuineness of personal data and age provided;
- 3.5.2.providing of a scanned copy of his/her photo ID;
- 3.5.3.providing of a photo taken of the Adult Service Provider (ASP), holding his/her photo ID next to his/her face.
- 3.6.The accounts of the Adult Service Providers (ASP) are immediately and permanently suspended if they violate MyCams.com's principles.
- 3.7.At MyCams.com there is a zero tolerance policy related to child pornography (written or visual). In case of the slightest suspicion, the account in question is immediately and permanently closed and the appropriate authorities may be contacted.
- 3.8.MyCams.com reserves the right to apply immediate and permanent suspension in case a screen name is offensive, refers to minors or upon the slightest suspicion of forgery.
4th Clause: MyCams.com - Subscribers
- 4.1.In order to subscribe at MyCams.com it is mandatory to be at least 18 years old or 21 in some regions, in compliance with the local regulations applicable to the subscriber.
- 4.2.By registering on MyCams.com and by accepting this Agreement, subscribers agree to indemnify, pay the costs of defense and hold harmless MyCams.com, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this agreement.
- 4.3.In case of subscriber’s unlawful conduct or breach of the present Agreement, MyCams.com may terminate, without notice, subscriber's account and/or anything associated with it. MyCams.com shall not be held responsible for any possible loss as a result of such termination nor for any credit compensation or refund.
- 4.4.The present agreement shall be effective as from the date when the Guest enters MyCams.com and/or the Subscriber registers on MyCams.com and accepts this agreement and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.
5th Clause: MyCams.com - Fees, Credit Compensation, Refund and Unlawful Conduct
- 5.1.The subscribers may purchase credit packages to spend in the available areas of Adult Entertainment; therefore the selection of services must be preceded of the consultation by the Subscriber of the correspondent content, price list and means of payment made available on the website.
- 5.2.Text chat with the dressed Adult Service Providers (ASP) is free, but if a subscriber wants to access the full feature service (including undressed Adult Service Providers – ASP and private show) he/she must click on “A Private Show with this Performer” button and from that point on stays in the video chat room with the Adult Service Provider (ASP) entering into a private mode where the purchased credits are used on a per-second basis.
- 5.3.Subscribers may use the option Quickbuy during private shows with Adult Service Providers (ASP). The use of this feature will allow Subscribers’ to, immediately and manually, top-up their credit balance with the chosen package during the show.
- 5.4.Subscribers may also use the option Auto Quickbuy to enjoy private shows uninterruptedly, since it allows the system to automatically top-up Subscribers’ credit balance with the selected package whenever credits reach an end.
- 5.5.Subscribers are notified about the referred auto-purchase each time it occurs and will have the option to stop the next charge by clicking on the “X button” on the notifying message.
- 5.6.The use of any of the referred options will charge the default payment method set by the Subscribers.
- 5.7.Billing of a given account (the actual price payable for credit packages) depends on the physical location where the account has been created. Please take into consideration that MyCams.com reserves the right to round prices and therefore, shall be entitled to apply rounding.
- 5.8.In case of any query Duodecad IT Services Luxembourg S.à.r.l. will be able to help you regarding your transactions made through different payment providers as well, by contacting the provider in question. Therefore, for billing information and support the following contacts should be used: 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg or send an email to firstname.lastname@example.org. MyCams does not store nor has access to transaction details.
- 5.9.For banking expenses information, each subscriber should consult directly his/her bank.
- 5.10.MyCams.com will not take responsibility for any difficulty occurring outside MyCams.com.
- 5.11.Any complaint must be placed, within 24 hours counted from the occurrence, at MyCams.com - Customer Service. Given the complexity and particularities of the procedure to determine the righteousness of the complaints placed after the referred 24 hour period, these shall only be acknowledged in cases of force majeure.
- 5.12.MyCams.com - Customer Service team may, whenever deemed necessary, carefully investigate reports and other data at its disposal, resorting to any existing means for such effect.
- 5.13.MyCams.com will only compensate/refund credits in the amount proportionally determined in accordance to the price paid and problem effectively reported when any credit is lost due to dysfunction of MyCams.com or an Adult Service Provider (ASP) in the “Nude Only” part of the site totally and explicitly refuses to provide erotic content. In case some erotic content is provided, MyCams.com will assess the situation and decide whether the claim of customer is grounded and any compensation/refund of credits is due. Models in Hot Flirt category are free to choose the rate of erotic content in private shows. However they are not allowed to make fake promises, which they will not fulfil in the end. Models of this category are not required to provide erotic content, but during private show they are allowed if they agree on it.
Subject to the terms and conditions hereof, every Subscriber shall be made aware that when he/she is considered as First Member (such term as defined below), it is recommended for him/her to indicate and/or repeat any specific request towards a service provider from the onset of the private chat in case the private show is not in line with his/her expectations. Merits of Subscriber’s claims for refund based on unmet requests will not be considered if the Subscriber (as First Member, such term as defined below) fails to follow the above recommendation.
The subscriber(s) shall further understand and accept that when joining an already ongoing Private show initiated by another subscriber (the latter being referred to as the “First Member”), the subscriber(s) that is/are subsequently joining such performance (the “Subsequent Member(s)”) is/are deemed passive participant(s) to the extent that the service provider(s)/Model(s) is/are only required to follow First Member’s requests. As a result and in such cases, the Subsequent Member(s) shall not be entitled to any compensation or payment refund, exception made of MyCams.com malfunction that can be properly demonstrated by the Subsequent Member(s).
- 5.14.Due to the payment system applied by Duodecad ITS and third-party payment processors, only the same amount can be refunded which was originally paid for the purchase (i.e. no partial refund of credit packages bought is possible). For this purpose whenever only part of the credits is used, refund would as the case may only be possible by restoring the credits on your account. No payment refund will be possible. Refunds, when possible according to the above, will be issued using the same payment method the purchase was made with. The corresponding amount of credits will be deducted from the MyCams account's balance. Certain payment methods do not allow the refund because of technical reasons.
- 5.15.Amounts spent on related services, such as TopMembership or FanClub fee Surprise, Sneak Peak, Model Channel and Snapshot feature, are not subject to refund/compensation.
- 5.16.Notwithstanding the above, MyCams.com will not be liable for any defamatory, offensive or illegal conduct of any Guest/Subscriber, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by the Subscriber to MyCams.com.
- 5.17.Under no circumstances, including, but not limited to, negligence, shall MyCams.com or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the service, without prejudice of the established in the present clause.
- 5.18.Cases of dishonest behavior related to online transactions are handled with high priority keeping, however, in mind the subscriber’s privacy. Such cases may be outsourced to companies specialized in this field.
- 5.19.The subscriber accepts that in case of any fraudulent transaction MyCams.com has a right to use all available information at its disposal during any kind of legal procedure. Including, without the claim of completeness, browser history, IP and email addresses and any other traceable activity. During such legal procedures MyCams.com might involve other, professional investigator parties and share certain information in order to comply with law requirements, vindicate its rights and represent the best interests of its Customers. The Subscriber will stay liable for investigation or collection costs related to any fraudulent transaction.
- 5.20.MyCams.com grants full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction and responds to subpoenas and court orders. For this reason subscribers may only use their own payment methods on our websites.
- 5.21.Please take into consideration that MyCams.com reserves the right to round payments to be paid as a compensation / refund, and therefore, MyCams.com shall be entitled to apply rounding.
- 5.22.When new persons register on MyCams.com, they may purchase packages with bonus credits. This option is only available for new purchases of first-time users; a new account registration alone is not considered to be a new user. Members can regularly get packages with bonus credits. Members can also check the number of required purchases to receive their bonus packages. Bonus credit packages are not available with CCBill and phone purchases. Bonus credits are part of the full credit package, and therefore refunds are NOT possible after spending them on our website.
- 5.23.All currency and transaction related costs are included in the displayed price of credit packages. MyCams.com reserves the right to modify the prices incurred from the fluctuations of currency exchange rates.
6th Clause: MyCams.com - Subscriber's and/or Guest's Declarations
- 6.1.I am fully aware that MyCams.com transmits Adult entertainment content to its Guests/Subscribers.
- 6.2.I am fully aware that viewing adult content is only allowed for viewers of at least 18 years old or 21 in some regions.
- 6.3.I expressly declare that, on the present date, I have reached the necessary age to view adult content in accordance to my local regulations.
- 6.4.I currently reside in the country which I truthfully and accurately indicated in the form provided to register into MyCams.com and undertake the duty to immediately inform, within 24 hours, of any change of residence by sending an email to email@example.com.
- 6.5.I acknowledge that the above referred duty shall only be considered to be duly accomplished until MyCams.com issues the confirmation that the above mentioned changes have been well received.
- 6.6.I am fully and exclusively liable for any false declarations regarding my residency and for not informing MyCams.com of its change in compliance with the above mentioned terms.
- 6.7.I also certify that I am aware of my criminal liability and, therefore, will act, under all circumstances, in accordance to my local community standard of morality and applicable laws.
- 6.8.I believe that, as an adult, I have the inalienable right to read/view any content I deem advisable.
- 6.9.Reading and/or viewing content on the website does not in any way infringe the norms or law of my neighborhood, village, city, county, state or country.
- 6.10.I am fully aware that all contents and materials provided on MyCams.com, included but not limited to live camera streams, images, graphics, applications and texts are duly protected by the applicable legislation, being all rights reserved. Therefore they shall be for my own exclusive personal use.
- 6.11.I am fully aware of and agree that MyCams.com can grant full cooperation to legal authorities investigating fraudulent transactions and other matters falling under legal jurisdiction as well as responds to subpoenas and court orders.
- 6.12.I acknowledge that MyCams.com and its affiliates cannot be held responsible for any legal ramifications that may arise as a result of fraudulent entry into, or use of, this website and/or material contained herein.
- 6.13.I also acknowledge that MyCams.com or any of its related, affiliated companies cannot be held responsible for any damages or losses originating from any contact with Adult Service Providers (ASP).
- 6.14.I understand and accept that under no circumstances shall MyCams.com or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from any false disclosures that may arise, violation of the rights of subscribers, prostitution, pedophilia, child pornography, illegal abuse, exploitation or traffic of women and/or children.
- 6.15.I recognize and hereby authorize a team of MyCams.com to review any content for violation of its policies. Any forbidden content will be immediately removed by MyCams.com. Notwithstanding, I am aware that it is not a duty to proceed with such revision and said entity will not be considered responsible, either jointly or severally, in case of my unlawful conduct.
- 6.16.I agree that intellectual property rights (including but not limited to right to use, adapt, translate, etc.) to any content (eg. chat messages, etc.) created, published or otherwise made public by me on MyCams.com will belong to MyCams.com.
- 6.17.I expressly authorize MyCams.com to monitor, record and log all my online activities on the website (including chat, video, email).
- 6.18.I acknowledge and agree that any material recorded or any original work made under this Agreement and/or when using MyCams.com services (and all rights therein, including, without limitation, copyright) belong to and shall be the sole and exclusive property of MyCams.com.
- 6.19.I hereby expressly assign, and transfer, without further compensation, to MyCams.com the results, content, and proceeds of my appearance(s) (including all such appearances made to date) videos, audio, chat, dialog, texts, acts, and instructional videos and advices, all of which are part of services provided - including all author rights to the above mentioned materials, renewals and extensions of such rights worldwide and throughout the whole validity period of such rights.
- 6.20.MyCams.com shall be deemed the authors thereof for all purposes and owner of all rights, title and interest, of every kind and character for the period of the validity of such rights, including any extensions and renewals, in all jurisdictions.
- 6.21.MyCams.com may use and reuse, publish, distribute, edit, excerpt, exhibit and otherwise exploit my name (real or fictional), likeness, persona, performance, voice, pictures, chat, video, audio, biological information and identification, and statements, for any and all uses, in whole or in part, in any and all media and manners now known or learned, for use throughout the universe, without limitation, including in connection with the advertising, exploitation and publicizing.
- 6.22.I hereby expressly waive any rights and declare to withdraw any claim that any use by MyCams.com violates any of my rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set for therein.
- 6.23.MyCams.com may edit my appearance as they see fit (and I waive any and all moral rights that I may have), and I understand that they have no obligation to use my appearance(s).
- 6.24.Still pictures may be made from video or my appearance(s) by any means, and I grant to MyCams.com, its successors, licensees and assignees the right to use said photographs, without further payment to me in printed publications, digitally on the internet or via CD, or any other media, without restrictions.
- 6.25.I also grant to MyCams.com, its successors, licensees and assignees the right to use any photos taken by me (via webcam or by other means) and sent for publication on the site, without further payment to me in printed publications, digitally on the internet or via CD, or any other media, without restrictions.
- 6.26.I hereby expressly waive any further financial compensation for any of the rights assigned, transferred or granted to MyCams.com under this agreement.
- 6.27.I declare and acknowledge that I am not acting on behalf of a legal person but as a individual consumer and in no event the purchase of services under this Agreement could be considered as being part of my professional activity.
7th Clause: MyCams.com - Subscriber's and/or Guest's Duties
- 7.1.I agree not to copy, reproduce, republish, download, transmit and/or make available to the public any of the content/materials of MyCams.com, without the prior written consent of MyCams.com.
- 7.2.I am fully liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading of material and images contained within this website.
- 7.3.I will never expose minors to the content of the website and will take on full precautions to avoid any type of exhibition or access of the minors to the website, namely, for example, by not including the website in their list of favorite sites to visit. I will be solely responsible in case any minor would access MyCams.com through my account or by using my credit card details.
- 7.4.I assume full responsibility to maintain the security of my account and password.
- 7.5.I will not give out personal information, provide or support escort services and/or prostitution.
- 7.6.I will not arrange personal appointments with any Adult Service Provider (ASP), since it is prohibited, and will not exchange my telephone number with an Adult Service Provider/Subscriber or in any other way try to have any physical contact with an Adult Service Provider (ASP)/Subscriber. In any event, I acknowledge that MyCams.com would not be liable should by breaching these Terms & Conditions I would try to have a physical contact with an Adult Services Provider/Subscriber.
- 7.7.I will not use obscene words, threaten or quarrel with, or violate the rights of visitors, Adult Service Providers (ASP), MyCams.com support persons or management of the website, since it is prohibited.
- 7.8.Text content sent or forwarded and the chosen user name will not be offensive, will not suggest pedophilia, adolescence, bestiality or zoophilia, or refer to elimination or consumption of any bodily waste.
- 7.9.I will not use remarks and user names that are unacceptable by the standards of good taste, suggesting violation of the law or deceiving others.
- 7.10.I will inform, immediately, MyCams.com of any unlawful conduct of the Adult Service Providers (ASP), as well as of any unlawful use of trademarks, brands and/or registered music.
8th Clause: MyCams.com - Subscription Cancellation
- 8.1.The subscribers have the option to unsubscribe at any time from MyCams.com services.
- 8.2.The subscription cancellation can be accomplished by visiting MyCams.com 24/7 Customer Service Center or by sending an email to firstname.lastname@example.org.
- 8.3.Once the account is canceled, your subscriber status will change to "Canceled" and all payment related details will be archived.
- 8.4.MyCams.com reserves a right to suspend or cancel any subscription in case of breach of any term of this Agreement or any unlawful conduct of the Subscriber in the framework of this Agreement and to contact any relevant authorities, including but not limited to initiating any criminal complaint and contacting state prosecutor.
- 9.2.I have not and will not provide any false information and/or documents to MyCams.com. Therefore, I recognize that MyCams.com has the right to, immediately and unilaterally, terminate the present agreement upon the slightest suspicion of forgery.
- 9.3.I allow all my data to be inspected by MyCams.com, randomly, resorting to any existing means for such effect. Notwithstanding, I am aware that it is not their duty to proceed with such inspection and said entities will not be considered responsible, either jointly or severally, in case of my unlawful conduct.
- 9.5.I agree and allow MyCams.com to collect, process and communicate to its processors, including the processors situated in countries not ensuring an adequate level of protection according to European Commission, the following types of data/information related to subscriber:
- 9.5.1.information that the subscribers voluntarily provide to and/or authorize to view, such as names, email address, address, date of birth and other miscellaneous account information submitted through MyCams Submission Forms.
- 9.5.2.number of visits and areas of MyCams.com pages visited by the subscribers. Software and hardware attributes might get logged too, along with any other data that can be gained from the general internet environment, such as browser type, IP address, etc.
- 9.5.3.private communications, such as telephone conversations, chat logs, faxes and letters to MyCams Staff along with e-mail messages to Adult Service Providers (ASP) or to our Staff. MyCams.com also keeps Adult Service Providers (ASP) chat client logs for a limited period of time.
- 9.6.MyCams.com will use the data collected from the subscribers for mainly general purposes, such as improving services, contacting the subscribers, customizing the website content and for promotional marketing purposes, to the extent allowed by law.
- 9.7.By accepting this Agreement, the subscriber also agrees that MyCams.com may also research behavior patterns and trends to improve the subscribers’ user experience.
- 9.8.MyCams.com takes serious security measures to grant maximum protection to information against unauthorized access, modification, disclosure or deletion of data. The subscribers’ details are always protected by highly sophisticated security system.
- 9.9.MyCams.com guards the subscribers’ information on electronic and physical levels.
- 9.10.MyCams.com actively implements data loss prevention systems against leakage and theft in order to ensure that our platform is proof and updated against the latest vulnerabilities and zero day attacks and that it passes penetration tests. MyCams.com also incorporates the most advanced security technologies available in order to ensure maximum safety of its subscribers and safekeeping of their related data/information.
- 9.11.MyCams.com’s system meets the security standards of PCI DSS, a standard set by Visa/MasterCard laying down stringent requirements.
- 9.12.MyCams.com employees' access to any personal information of MyCams.com subscribers is extremely limited and they are bound by confidentiality obligations. Therefore, they might be subject to disciplinary measures, including the termination of their contracts and in serious cases even criminal prosecution should they fail to meet these strict obligations.
- 9.13.MyCams.com does not rent, sell, trade, share or otherwise transfer information to outside parties except the communication to MyCams.com group companies and services providers in order to ensure the good functioning of MyCams.com services.
- 9.14.MyCams.com does not allow its performers to record or capture the members’ personal camera feeds during private shows. Such action is prohibited on the website.
- 9.15.The subscribers may obtain a copy of any personal information that MyCams.com process and ask for rectification of any incorrect personal data, upon written request to the contacts provided in the present Agreement and indication of the address to which the information must be sent. If the subscriber would like to oppose the processing of personal data by MyCams.com, he/she is entitled to cancel his/her subscription on MyCams.com at any time as described above.
- 9.16.MyCams.com, upon reception of the above mentioned request, will communicate the personal data concerning the subscriber to the email address provided during the registration process on MyCams.com. MyCams.com shall be held harmless in case the right, foreseen in the previous clause, is exercised and the personal data is lost or subject to unauthorized access.
- 9.17.In case of any queries, the subscriber may use the contacts foreseen in clause 12 of the present Agreement.
10th Clause: MyCams.com - Functionality and Security
- 10.1.MyCams.com is a Flash-technology based website which also uses the so-called “Shared-Object” technology in order to improve user experience.
- 10.2.MyCams.com suggests for the subscribers to enable “Cookies” in their browsers to ensure full functionality.
- 10.3.In accordance with the Luxemburg Data Protection Law "Loi du 30 mai 2005 sur les réseaux et les services de communications électroniques", as amended, you have a right to oppose the storage of cookies on your device. Please contact email@example.com.
- 10.4.The MyCams.com Support Team monitors all camera feeds available on the website 24 hours a day, 7 days a week.
- 10.5.Due to its precise, unique design, the website has never had any serious security breach.
11th Clause: MyCams.com - Spam
- 11.1.MyCams.com does not send spam messages and will not tolerate spam, distancing itself from any actions related to spamming.
- 11.2.The following is considered to constitute a spam:
- 11.2.1.Manipulating messages, such as email headers, sent to or through MyCams.com computer systems in a way that may deceit subscribers of MyCams.com.
- 11.2.2.Relaying email from a third party's mail servers without the permission of that third party.
- 11.2.3.Sending, relaying or causing to be sent false, deceptive information or that is otherwise against the business interest of MyCams.com.
- 11.2.4.Using or causing to be used MyCams.com computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
- 11.2.5.Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times
- 11.2.6.Disrupting the normal flow of dialogue by posting messages in quick succession, multiple times, using capital letters only or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.
- 11.3.Spamming through MyCams.com system or disturbing its subscribers is a violation of Terms and Conditions of the site.
- 11.4.MyCams.com does everything in its power to protect its subscribers from deleterious effects of spamming.
- 11.5.The use of all legal proceedings is considered in case of spamming inflicting a loss on MyCams.com.
- 11.6.Notwithstanding the above, MyCams.com when authorized by the subscribers, within the terms of the present agreement, may send promotional e-mails about its own and about its partner-websites and every e-mail will contain the option to unsubscribe from the mailing list.
- 11.7.Registered subscribers may occasionally receive newsletters in relation to MyCams.com. The messages sent to subscribers are transactional or relationship messages. Subscribing to and unsubscribing from these newsletters takes a single click. Any promotional messages will be only sent if the Subscriber has expressed its consent for receiving such promotional marketing services.
- 11.8.In case subscribers would like to report spam, it is recommended the use of “Message to Support function” in “My Account” or the sending of an email to firstname.lastname@example.org. MyCams.com Support Team investigates all reports as soon as possible.
12th Clause: MyCams.com - Contacts
- 12.1.Customer Service Department can be contacted from:
- 12.1.1.Online Support Chat;
- 12.1.2.“Message to Support” function of the subscribers’ accounts;
- 12.1.3.Sending of an email to email@example.com or firstname.lastname@example.org.
- 12.1.4.Sending of a letter to:
- L-1855 Luxembourg, 44, Avenue John F. Kennedy, Grand-Duchy of Luxembourg
13th Clause: MyCams.com - Miscellaneous
- 13.1.This Agreement sets forth the full and complete understanding between the Guests/Subscribers and MyCams.com with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal.
- 13.2.Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination.
- 13.3.If any portion of this Agreement is deemed unenforceable by a Court of competent jurisdiction, it shall not affect the enforceability of the other portions of this Agreement.
- 13.4.The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees.
- 13.5.If MyCams.com changes the terms of this Agreement, MyCams.com will post an updated set of terms and conditions on the website and/or will post a change notice and/or send subscribers an email notice of the changes in advance of implementing the changes.
- 13.6.If any modification is unacceptable to you, you shall cease using the MyCams.com website and its services and be able to terminate your subscription (if any). If you do not cease using the MyCams.com website and its services, you will be conclusively deemed to have accepted the change.
- 13.7.The English version shall prevail of all legal statements, statutory declarations made by MyCams.com, including the present Agreement. MyCams.com does not accept any kind of legal claims, or other complaints for the misunderstandings as a result of any mistranslation.
- 13.8.This Agreement and the relations arising out from it between MyCams.com and the Guests/Subscribers will be governed by the law of Grand Duchy of Luxembourg.
- 13.9.Any disputes arising between MyCams.com and the Guests/Subscribers will be settled amicably and only when this solution is not efficient, the competent jurisdiction for the disputes arising from this Agreement will be the courts of the Luxembourg city.