CamNation BROADCASTERS' TERMS AND CONDITIONS
The following terms and conditions set forth the contract between Members of a CamNation website that wish to become broadcasters as defined in the CamNation Member User/Member Terms and Conditions.
Members who wish to become broadcasters ("Broadcasters") must agree to be bound by the following terms and conditions by clicking their agreement online, provide CamNation certain basic information, and certify that they are at least eighteen (18) years of age (21 where the age of majority is 21).
Prior to being entitled to receive payment for Broadcaster services, Broadcaster will be required to provide CamNation with age verification documents and a signed copy of this agreement by email (in .pdf format) or via facsimile.
This is a legal contract between Marrybay Company Ltd (hereinafter referred as "Marrybay Company Ltd"), a company formed under the laws of the Republic of Cyprus, with its principal business address at Kalamon 8 , Nicosia, Cyprus and a Member of the CamNation website and Broadcaster who has clicked agreement to these terms and conditions and has subsequently signed and delivered a signed copy of this agreement to Marrybay Company Ltd via facsimile or email.
WHEREAS, Marrybay Company Ltd owns or manages one or more websites which provide live interactive services, including http://www.CamNation (hereinafter "the Websites)";
WHEREAS, Marrybay Company Ltd has created the Websites, where independent individuals known as Broadcasters may upload and post photographs, video content, biographical information, contact information and other textual content created by the individual Broadcaster (hereafter collectively referred to as "Broadcaster Content"); and
WHEREAS, Broadcaster wishes to broadcast live video and possibly audio content on the Internet through the Websites from his or her personal webcam and microphone (hereinafter "Performances") and to interact with members and sometimes with guests of the Websites;
WHEREAS, Broadcaster has expressed interest in contracting with Marrybay Company Ltd, on the terms set forth herein, in order to allow Broadcaster's Performances on the Websites;
NOW, THEREFORE, in consideration of, and as a condition of, Marrybay Company Ltd allowing Broadcaster to appear on the Websites, and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. Member Terms and Conditions
The CamNation User/Member Terms and Conditions ("Member Agreement") are incorporated herein by reference. All definitions set forth therein shall be applicable to this agreement. All Broadcasters must be Basic Members of a CamNation Website and are subject to the Member Agreement and the terms and conditions set forth herein.
2. Grant Of Rights.
In consideration for, and as a condition of, Marrybay Company Ltd allowing Broadcaster to appear on the Websites, Broadcaster hereby grants to Marrybay Company Ltd a perpetual, irrevocable, exclusive license, all rights and copyrights, and any future obtained rights, to use in any and all possible ways the Licensed Work, Related Licensed Content, Derivative Works, and names, likenesses, voices, and personas of Broadcaster, including without limitations, all images and videos of Broadcaster(s) and the Performances including all audio and text pertaining to or provided by Broadcaster, everywhere in the universe, in any medium and by any means or technology now known or hereafter developed, including but not limited to via wide area computer networks and the Internet.
3. Broadcaster Compensation
As full compensation for the license rights and other rights granted to Marrybay Company Ltd by Broadcaster under this Agreement, Marrybay Company Ltd agrees to pay Broadcaster, during the term of this Agreement as follows:
3.1 Internet visitors to the Websites (hereafter "Customers") purchase and use credits called "Tokens". Customers transfer Tokens to Broadcaster as provided in the Websites Terms and Conditions which are incorporated herein by this reference.
3.2. Marrybay Company Ltd shall pay Broadcaster for all Tokens transferred to Broadcaster at the current rate of USD$0.05 per Token when the amount to be paid to Broadcaster exceeds a diminimus amount to be reasonably determined by Marrybay Company Ltd.
3.3. AS A PRECONDITION TO THE RIGHT TO RECEIVE PAYMENT, BROADCASTER MUST HAVE PROVIDED TO Marrybay Company Ltd TRUE AND CORRECT AND LEGIBLE COPIES OF TWO CURRENT FORMS OF IDENTIFICATION, ONE OF WHICH MUST CONTAIN BROADCASTER'S PICTURE AND BE ISSUED BY THE GOVERNMENT OF BROADCASTER'S RESIDENCE (e.g. passport or drivers license) WHICH REFLECTS BROADCASTER'S TRUE AND CORRECT AGE AND CONTAINS AN IDENTIFICATION NUMBER. BROADCASTER MUST ALSO HAVE FURNISHED Marrybay Company Ltd ALL NAMES, OTHER THAN THE BROADCASTER'S LEGAL NAME, EVER USED BY THE BROADCASTER, INCLUDING THE BROADCASTER'S MAIDEN NAME, ALIAS, NICKNAME, STAGE NAMES, OR PROFESSIONAL NAMES WITH AN IDENTIFICATION OF THE NAME BROADCASTER WILL USE ON THE WEBSITES.
3.4. Marrybay Company Ltd may, at its sole discretion, adjust or deduct Tokens from payment to Broadcaster, at any time, without prior warning or notification. The most common reasons for token adjustments include, but are not limited to, customer chargebacks or refunds relating to dissatisfaction with online services provided by Broadcaster, fraud, and technical errors.
3.5. Payment schedule: Every month is divided into 2 pay periods: the first pay period is from the 1st to the 15th day of the month (inclusive), and the second pay period is from the 16th to the last day of the month (inclusive). Days begin at 12:00:01 AM Eastern Time and end 11:59:59 PM Eastern Time. Marrybay Company Ltd will make every effort to pay Broadcaster within 7 days of the end of each pay period and no later than within 28 days of the end of each pay period, if the balance exceeds the minimum required for the payment method chosen. If the balance does not exceed the minimum, the balance will carry forward to the following period, and so on. Initial payment to be 2 weeks delayed
3.6. Marrybay Company Ltd may, at its sole discretion, and for any reason and at any time, adjust or change the rates in Paragraph 3.1 and Paragraph 3.2, adjust or change the payment schedule in Paragraph 3.5, or any other rates, fees, schedules or conditions as they relate to the Websites, Customers, Broadcasters, and Broadcaster at any time posting the revisions on the website.
the location and content of which may change at any time. Broadcaster is responsible for monitoring the current rates and fees and other payment information on such location or any successor location posted there.
3.7. All commissions or fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
4. Authorized Broadcasters.
The Broadcaster herself or himself shall be the only Broadcaster, and the Broadcaster shall not, under any circumstances, allow anyone else to provide Performances on behalf of Broadcaster. The Broadcaster shall not, under any circumstances, allow anyone else access to any accounts Broadcaster has established with Marrybay Company Ltd, or share login information, passwords, data or account information with anyone else.Marrybay Company Ltd reserves the right to block the broadcast of any Broadcaster or Broadcaster for any reason, at any time.
5. Broadcaster Requirements
Broadcaster acknowledge and agree that participation as a Broadcaster of the Websites Network or the Marrybay Company Ltd the Websites, and all benefits and rights to which Broadcaster would otherwise be entitled under this Agreement are subject to the following limitations:
5.1. Only persons at least eighteen (18) years old may become a Broadcaster. Broadcaster shall have provided Marrybay Company Ltd with proof of Broadcaster's age and legal name by providing Marrybay Company Ltd one of the following original documents (originals will be returned), or, at the option of Marrybay Company Ltd, a true, correct and legible copy of your passport, or other government issued identification with legal name, date of birth and recent picture. Broadcaster shall also provide Marrybay Company Ltd with a list of all other names you have used or are currently using including, without limitation, your maiden name, professional name or stage name(s).
5.2. Marrybay Company Ltd shall at all times have the right, in its sole and absolute discretion, to terminate the Broadcaster program, to cease operating the Websites, to change the nature and operation of the Websites, and to change or terminate any and all benefits relating to participation as a Broadcaster at any time and may do so with or without prior notice or cause.
5.3. Marrybay Company Ltd, in its sole and absolute discretion, shall have the right at any time to change or modify the Broadcaster Program and any of its terms and conditions by posting such changes on Marrybay Company Ltd's Websites, effective immediately upon posting.
5.4. Marrybay Company Ltd has the sole and absolute right and discretion to terminate Broadcaster and any other person's participation in the Broadcaster Program at any time and may do so with or without prior notice or cause.
5.5. Broadcaster shall have the right to withdraw and terminate participation in the Broadcaster Program at any time, but all intellectual property rights Broadcaster has granted to Marrybay Company Ltd shall survive such termination.
5.6. Broadcaster shall not use the Websites for the purpose of promoting websites or services other than those maintained by Marrybay Company Ltd, unless specifically authorized by Marrybay Company Ltd. Broadcaster shall not, whether individually or in concert with others, solicit or divert or attempt to solicit or divert any business from Marrybay Company Ltd.
5.7. Broadcaster shall not misrepresent any of the services provided by Marrybay Company Ltd, nor make any false or misleading statement to anyone about the service offered by Marrybay Company Ltd pursuant to this Agreement.
5.7. Broadcaster shall not misrepresent any of the services provided by Marrybay Company Ltd, nor make any false or misleading statement to anyone about the service offered by Marrybay Company Ltd pursuant to this Agreement.
5.8. Broadcaster shall not violate any third-party rights, trademarks, or copyrights, in any way, in the Performances, Licensed Work, Related Licensed Content, or in any other interaction with Marrybay Company Ltd.
6. Broadcaster Representations And Warranties
As a material inducement for Marrybay Company Ltd to enter into this Agreement, Broadcaster represents and warrants:
6.1. That Broadcaster owns all rights and title and interest in the Licensed Works and Related Licensed Content sufficient to lawfully and fully convey and grant all the rights to Marrybay Company Ltd set forth herein, and that all use of the Licensed Works, Related Licensed Content, and Derivative Works consistent with the rights granted to Marrybay Company Ltd in this Agreement shall not infringe, violate or misappropriate any person's or entity's rights of any kind, including, without limitation any contract, copyright, trademark right, right of publicity, right of privacy, any rights in name, likeness, voice or persona, or any right subject to 17 U.S.C. Section 106A.
6.2. That Broadcaster has, and at all times during the Term of this Agreement, shall continue to have, the full right of authority to grant all rights to Marrybay Company Ltd in and to the Licensed Works, Related Licensed Content, and Derivative Works as set forth in this Agreement, and to perform all other obligations, warranties and indemnifications set forth in this Agreement.
6.3. That Broadcaster is not less than eighteen (18) years old.
6.4. That Broadcaster has researched, understands, and will comply with all laws and legal restrictions in effect in the location Broadcaster resides, particularly dealing with matters including, but not limited to, obscenity, material harmful to minors, and the creation of sexually-explicit content and associated record-keeping requirements, as applicable.
6.5. That the following acts, both actual and simulated, are prohibited under this Agreement and are forbidden in connection with the Licensed Work and Performance by Broadcaster and shall not be present in any of the Licensed Work and Performance by Broadcaster: any portrayal of Broadcaster that suggest or imply that the Broadcaster is under the age of eighteen (18) years of age; actual or simulated: bestiality; fisting; urination/defecation; necrophilia; sado-masochistic abuse or bondage; torture; physical injury; rape; genital mutilation; genital insertion of objects or devices other than therapeutic sex aids; any products displaying any third party trademark or embodying any third party trade dress or any matter which is disparaging, demeaning or otherwise damaging to any product, person, or entity, or any rights pertaining thereto. Without limiting the foregoing, Broadcaster shall not directly or indirectly, broadcast any of the following content or material on Marrybay Company Ltd's Websites or link any such material to the Websites through any hyperlinks maintained or created on Broadcaster's materials posted on or advertising the Websites or the Performance:
a. Obscene material, including without limitation any material depicting bestiality, rape or torture.
b. Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;
c. Any material not fully in compliance with the age verification and record keeping requirements of 18 U.S.C. Sec. 2257 et seq., and its related regulations.
d. Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking Broadcaster (i.e. someone who looks younger than 18 years of age), or by a Broadcaster who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc;
e. Any material that is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
f. Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or
g. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
6.6. That all Licensed Works are fully compliant with all requirements set forth at 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. and that Broadcaster possesses and maintains Age Verification Documentation required by 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. in a form acceptable to Marrybay Company Ltd and that Broadcaster shall continue to maintain originals of such documents in the manner and for the duration of this Agreement plus a term of seven (7) years or the length of time required by law (whichever is longer), and that Broadcaster shall provide to Marrybay Company Ltd an accurate and legible copy of such documentation immediately upon request.
6.7. That during the Term of this Agreement, and for a period of no less than seven (7) years after the Termination of this Agreement, the Broadcaster will act as the "Custodian of Records" as defined in 28 CFR Part 75 et seq. and will maintain all records as required by 18 U.S.C. § 2257 et seq. and 28 CFR Part 75 et seq. at the primary address of Broadcaster.
6.8. That Broadcaster and Broadcaster's associates, employees, employers, and affiliates shall NOT, under any circumstances, solicit from any Customer any personal or private information including but not limited to Customer's real names, addresses, accounts, billing or payment information, and usernames or passwords, nor use the Customer in any way for unfair personal gain or benefit.
6.9. That Broadcaster will not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of "spamming" as a means of promoting for the purpose of directing or referring users to Marrybay Company Ltd's Websites. Broadcaster further acknowledge and agree that Marrybay Company Ltd has the right to immediately, and without notice, terminate your participation as a Broadcaster if we, in our sole and exclusive judgment, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, IRC posting or any other form of "spamming." NOTE: Marrybay Company Ltd HAS ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION AS A BROADCASTER WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN ANY PROGRAMS RELATING TO THE WEBSITES NETWORK OR THE Marrybay Company Ltd'S WEBSITE, AND ALL FUNDS OTHERWISE DUE TO YOU UNDER THIS AGREEMENT WILL BE FORFEITED TO THE Marrybay Company Ltd.
6.10. That if we provide Broadcaster with any banners or other promotional or advertising materials of any kind, Broadcaster will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to Broadcaster by Marrybay Company Ltd pursuant to this Agreement in whole or in part, in any manner, at any time anywhere in the World except as expressly authorized in writing by Marrybay Company Ltd.
6.11. That Broadcaster shall cease to be a Broadcaster in good standing and shall be subject to immediate termination of all benefits and rights granted to Broadcaster by Marrybay Company Ltd under this Agreement, without prior notice, if Broadcaster fails to perform under, or breaches any covenant, representation or warranty set forth in this Agreement.
6.12. That if participation as a Broadcaster is terminated for any reason, Broadcaster cease to be a Broadcaster in good standing, Broadcaster shall immediately and permanently cease all use of all materials provided to Broadcaster by Marrybay Company Ltd through the Broadcaster program, if any, and that Broadcaster will remove all files containing materials provided to Broadcaster by Marrybay Company Ltd, and cease using any Marrybay Company Ltd Trademarks or Trade names.
6.14. That all warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
7. No Monitoring Or Supervision Provided By Marrybay Company Ltd.
7.1. Broadcaster shall have no responsibility to monitor, supervise, alter or review, and shall not be responsible for Broadcaster Content of any nature appearing or otherwise distributed on, at or in association with the Websites, including without limitation any photographic or graphic content, audio content, recorded video or film content or live video content which Broadcaster may provide as a Broadcaster or otherwise. Broadcaster assumes the full and sole responsibility and liability for the decision to display or include content on Marrybay Company Ltd's Websites, to distribute or make the content available to the viewers of Marrybay Company Ltd's website in various geographical areas, and for all decisions relating to the manner in which Broadcaster permits or restricts access to Broadcaster services
7.2. Although Marrybay Company Ltd does not exercise editorial, review, supervisory or management of Broadcaster Content or Broadcaster Services, Broadcaster acknowledges that Marrybay Company Ltd reserves the right, but not the obligation to inspect from time to time any advertisements, public postings and messages, Broadcaster Content and Broadcaster sessions on the Marrybay Company Ltd's Websites to ensure that they conform to the content guidelines and policies of Marrybay Company Ltd's Websites and this Agreement or in response to a complaint. Broadcaster further acknowledge that Marrybay Company Ltd reserves the right, but not the obligation, in the exercise of Marrybay Company Ltd's sole and absolute discretion, without any requirement of prior notice to remove any Broadcaster Content that Marrybay Company Ltd deems objectionable, contrary to this Agreement or illegal.
7.3. Any Benefits or rights to which Broadcaster is entitled under this Agreement are not transferable by Broadcaster and may be used only by Broadcaster in association with Websites while Broadcaster is participating as a Broadcaster in good standing, under the terms of this Agreement, with the Websites.
7.4. All materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to Broadcaster by Marrybay Company Ltd as part of the Broadcaster Program, if any, shall remain the property of Marrybay Company Ltd and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the World except as expressly authorized by Marrybay Company Ltd in writing.
8. Independent Contractor.
8.1. Broadcaster acknowledges and agrees that he or she is an independent contractor. Nothing in this Agreement is intended by Marrybay Company Ltd or Broadcaster to create or constitute a joint or collaborative venture or partnership of any kind between Broadcaster and Marrybay Company Ltd, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between Broadcaster and Marrybay Company Ltd, its employees, agents or assigns.
8.2. Broadcaster acknowledges and agrees that Broadcaster shall have no control or ownership interests of any kind in the Marrybay Company Ltd business or the Websites.
8.3. Broadcaster acknowledges and agrees that Marrybay Company Ltd has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by Broadcaster on, at, or in association with any of the live video content or communication streamed by Broadcaster on the Websites except as specifically set forth in this Agreement. Marrybay Company Ltd shall not exercise selection or alteration of any Video Chat services. However, as elsewhere provided, Marrybay Company Ltd reserves the right to immediately terminate a Broadcaster for any reason including, without limitation, violation of these terms and conditions.
8.4. Broadcaster further acknowledge that neither Marrybay Company Ltd nor any employee, associate, agent, assign or successor of Marrybay Company Ltd shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with Websites, or any of the live video content or communication streamed by Broadcaster, and that Broadcaster shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content.
8.5. Broadcaster is responsible for the payment of all government, state, and local taxes, levies or any other similar fees for monies received for services rendered on the Websites.
9. Limitation Of Damages And Warranties.
9.1. All services are provided by Marrybay Company Ltd on an "as is" and "as available" basis, without warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose, or warranties or guarantees of profitability, or any other warranties or guarantees of any kind whatsoever, whether expressed or implied. Broadcaster hereby agrees to assume sole responsibility for all risks, consequences and damages of any kind resulting from its interaction and association with the Websites or Marrybay Company Ltd; including, but not limited to, risks associated with the publicity of appearing on the Websites, such as the risk of recording, piracy, unauthorized dissemination, or publicity of the Licensed Works, Related Licensed Content, Derivative Works, or the publicity of the identity of Broadcaster.
9.2. Neither Marrybay Company Ltd, nor any persons or entities associated with Marrybay Company Ltd, shall be liable for any direct, indirect, punitive, incidental, special or consequential damages from any claims, demands, or actions arising out of or connected with this Agreement.
9.3. Broadcaster further agrees that in the event that Paragraph 9.2 of this Agreement is invalidated, Marrybay Company Ltd's entire liability for any claim for damages against Marrybay Company Ltd arising out of this Agreement, whether grounded in contract or in tort, shall be limited to liquidated damages in the amount of USD$100 (One Hundred Dollars) and no more.
10. Term And Termination
10.1. This Agreement shall be effective immediately upon a Member's uploading content to the Websites and shall continue until the last day of any month during which Broadcaster appears on the Websites.
10.2. Notwithstanding Section 10.1, Broadcaster and Marrybay Company Ltd each reserve the right to terminate this Agreement at any time, for any reason, with or without cause. This agreement may be terminated by an e-mail from Broadcaster to Marrybay Company Ltd, or by an e-mail from Marrybay Company Ltd to Broadcaster, or by the deactivation of the Broadcaster's account or username at the Websites by Broadcaster or Marrybay Company Ltd.
10.3. All rights granted by Broadcaster to Marrybay Company Ltd during the term of this Agreement shall survive the termination of this Agreement by either party.
11. Confidential Information; Trade Secrets; Non-Circumvention
11.1. Confidentiality. During the Term of this Agreement and for a period of five (5) years after the termination thereof, each Party shall preserve and protect confidentiality of any proprietary information, and all physical and digital forms thereof that has been disclosed by one party to the other party during the term of this Agreement. Proprietary information of Marrybay Company Ltd includes but is not limited to the following aspects of Marrybay Company Ltd, its the Websites, software, employees, customers, affiliates, and service providers: functions, features, options, preferences, programming code, style, colors, layouts, "look and feel", costs, profitability, statistics, data, and any other information in any way relating to Marrybay Company Ltd or how Marrybay Company Ltd conducts business. Broadcaster agrees that the liquidated and conclusive amount of damages from any breach of Broadcaster's duties imposed by this confidentiality agreement will be fifty thousand dollars (USD$50,000) per action.
11.2 Non-circumvention. During the Term of this Agreement and for a period of three (3) year after the termination thereof, Broadcaster agrees that neither Broadcaster nor any person under control or authority of Broadcaster shall circumvent or attempt to circumvent Marrybay Company Ltd to form or attempt to form any business relationship with any of Marrybay Company Ltd's employees, affiliates, or sub-licensees, or Customers, that harms, injures or diminishes Marrybay Company Ltd and/or the benefits that Marrybay Company Ltd might reasonably expect to enjoy pursuant to the rights granted to Marrybay Company Ltd in this Agreement. Broadcaster agrees that the liquidated and conclusive amount of damages from any breach of Broadcaster's duties imposed by this non-circumvention agreement will be fifty thousand dollars (USD$50,000) per action.
11.3. Specifically included in Paragraph 11.2 is any action by Broadcaster or anyone associated with Broadcaster to contact or attempt to contact any Customer of Marrybay Company Ltd with the intent to advertise other products or services, solicit money or goods, offer video and/or chat interaction not on the Websites, or any action that in any way diminishes the business prospects of Marrybay Company Ltd as they relate to the Customer.
Broadcaster shall indemnify and hold Marrybay Company Ltd harmless from any and all claims, actions, demands, suits, losses, damages and litigation expenses of every kind, including reasonable attorneys fees and costs, resulting from, Broadcaster's actions or inactions in connection with or relating to the Websites, or from Broadcaster's breach of any covenants, representations or warranties set forth herein.
13. Broadcaster Release
13.1. "I allow Marrybay Company Ltd to use my Performances, stage name, likeness, persona, voice, pictures, chat, video, audio, and anything else associated with my interaction with Marrybay Company Ltd (collectively my "Appearance") in any way, throughout the universe, in perpetuity, and without limitation. I grant and assign to Marrybay Company Ltd all rights, title, interest and copyrights associated with my Appearance. I agree that Marrybay Company Ltd may edit my Appearance in any way and I agree that Marrybay Company Ltd has no obligation to use my Appearance. I agree that the rights hereby granted to Marrybay Company Ltd also extend to Marrybay Company Ltd's subsidiaries, successors, licensees, and assignees."
13.2. "I hereby release and discharge Marrybay Company Ltd and its subsidiaries, successors, assignees, and licensees from any and all claims, demands or cause of action that I may have, whether for libel, Copyright, violation of my right of privacy or publicity, or any other matter arising out of in any manner connected with the use of my Appearance or the exercise of the rights granted herein. I hereby verify that all statements, warranties, and other information given by me are true and accurate, and I agree to be legally responsible for any claims arising from such statements and warranties. I acknowledge and agree that this Release, agreement, or contract shall not be subject to the terms of any union or guild agreement and that no sums will be due to me in connection with the use or reuse of my Appearance except as expressly set forth herein. I understand that Marrybay Company Ltd is proceeding upon the terms set forth herein, and I may not revoke this Release at any time."
13.3. "I am eighteen (18) years of age or older. I am of sound mind and body. I am not under the influence of drugs or alcohol. I am acting of my own free will and I do not believe that I am violating any moral standards of my community. I fully understand the contents of this contract and I am legally able to execute this contract."
14.1. Notices. Broadcaster may serve official notices to Marrybay Company Ltd by sending an e-mail to the following e-mail address: firstname.lastname@example.org
. Marrybay Company Ltd may serve official notices to Broadcaster by sending an e-mail to the e-mail address on the Broadcaster's account. Marrybay Company Ltd may also serve official notices to Broadcaster through information posted in "news" sections within the administrative areas of the Websites accessed by Broadcaster. It is the responsibility of Broadcaster to monitor and review the "news" sections. All notices shall be legally binding upon within one (1) business days after being sent.
14.2. This Agreement sets forth the entire agreement between the Parties and supersedes all other written or oral agreements. If any provision of this Agreement is held invalid under applicable law, such provision shall be ineffective only to the extent of such invalidity, without invalidating the remaining provisions of this Agreement.
14.3. Nothing herein shall be construed to limit or prevent either Party's abilities to conduct their respective business with respect to matters not subject to this Agreement. The Parties have read, understand and hereby execute this Agreement as of the time and date (as recorded by Marrybay Company Ltd) of when Broadcaster clicks the button below to indicate the signature of Broadcaster, and this time and date shall constitute the "Date of Execution" of this Agreement. The "Effective Date" of this Agreement shall be time and date that Broadcaster first logged in to the Websites, the time and date of the first Performance on the Websites, or the "Date of Execution" of this Agreement, whichever is earliest. Facsimile, scanned or digital signatures, or affirmation via Internet or computer, shall be binding upon receipt.
"By clicking this checkbox, I certify under penalty of perjury that I have read and fully understand the contract set forth herein, that I have provided my true and accurate name and date of birth, and that I understand and agree that this will serve as my legally-binding digital signature to this contract."
Physical signature to accompany age verification documentation to Marrybay Company Ltd:
_______________________________________________________________ (sign here)
Print Actual Name__________________________________________________________
Name You will use on CamNation:__________________________________________
Birth Date:________________________________________________________ (required)