6. Model Representations And Warranties

As a material inducement for CamCity.com to enter into this Agreement, Model represents and warrants:
6.1. That Model 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 CamCity.com set forth herein, and that all use of the Licensed Works, Related Licensed Content, and Derivative Works consistent with the rights granted to CamCity.com 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 Model 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 CamCity.com 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 Model is not less than eighteen (18) years old.
6.4. That Model has researched, understands, and will comply with all laws and legal restrictions in effect in the location Model 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 Model and shall not be present in any of the Licensed Work and Performance by Model: any portrayal of Model that suggest or imply that the Model 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, Model shall not directly or indirectly, broadcast any of the following content or material on CamCity.com's Websites or link any such material to the Websites through any hyperlinks maintained or created on Model'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 Model (i.e. someone who looks younger than 18 years of age), or by a Model 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 Model 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 CamCity.com and that Model 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 Model shall provide to CamCity.com 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 Model 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 Model.
6.8. That Model and Model'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 Model 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 CamCity.com's Websites. Model further acknowledge and agree that CamCity.com has the right to immediately, and without notice, terminate your participation as a Model 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: CamCity.com HAS ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION AS A MODEL WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN ANY PROGRAMS RELATING TO THE WEBSITES NETWORK OR THE CAMCITY.COM’S WEBSITE, AND ALL FUNDS OTHERWISE DUE TO YOU UNDER THIS AGREEMENT WILL BE FORFEITED TO CAMCITY.COM.
6.10. If we provide Model with any banners or other promotional or advertising materials of any kind, Model will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to Model by CamCity.com 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 CamCity.com.
6.11. That Model shall cease to be a Model in good standing and shall be subject to immediate termination of all benefits and rights granted to Model by CamCity.com under this Agreement, without prior notice, if Model fails to perform under, or breaches any covenant, representation or warranty set forth in this Agreement.
6.12. That if participation as a Model is terminated for any reason, Model cease to be a Model in good standing, Model shall immediately and permanently cease all use of all materials provided to Model by CamCity.com through the Model program, if any, and that Model will remove all files containing materials provided to Model by CamCity.com, and cease using any CamCity.com Trademarks or Trade names.
6.13. 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 CamCity.com.

7.1. Model shall have no responsibility to monitor, supervise, alter or review, and shall not be responsible for Model 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 Model may provide as a Model or otherwise. Model assumes the full and sole responsibility and liability for the decision to display or include content on CamCity.com's Websites, to distribute or make the content available to the viewers of CamCity.com's website in various geographical areas, and for all decisions relating to the manner in which Model permits or restricts access to Model services
7.2. Although CamCity.com does not exercise editorial, review, supervisory or management of Model Content or Model Services, Model acknowledges that CamCity.com reserves the right, but not the obligation to inspect from time to time any advertisements, public postings and messages, Model Content and Model sessions on the CamCity.com's Websites to ensure that they conform to the content guidelines and policies of CamCity.com's Websites and this Agreement or in response to a complaint. Model further acknowledge that CamCity.com reserves the right, but not the obligation, in the exercise of CamCity.com's sole and absolute discretion, without any requirement of prior notice to remove any Model Content that CamCity.com deems objectionable, contrary to this Agreement or illegal.
7.3. Any Benefits or rights to which Model is entitled under this Agreement are not transferable by Model and may be used only by Model in association with Websites while Model is participating as a Model 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 Model by CamCity.com as part of the Model Program, if any, shall remain the property of CamCity.com 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 CamCity.com in writing.

8. Independent Contractor.

8.1. Model acknowledges and agrees that he or she is an independent contractor. Nothing in this Agreement is intended by CamCity.com or Model to create or constitute a joint or collaborative venture or partnership of any kind between Model and CamCity.com, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between Model and CamCity.com, its employees, agents or assigns.
8.2. Model acknowledges and agrees that Model shall have no control or ownership interests of any kind in the CamCity.com business or the Websites.
8.3. Model acknowledges and agrees that CamCity.com 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 Model on, at, or in association with any of the live video content or communication streamed by Model on the Websites except as specifically set forth in this Agreement. CamCity.com shall not exercise selection or alteration of any Video Chat services. However, as elsewhere provided, CamCity.com reserves the right to immediately terminate a Model for any reason including, without limitation, violation of these terms and conditions.
8.4. Model further acknowledge that neither CamCity.com nor any employee, associate, agent, assign or successor of CamCity.com 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 Model, and that Model shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content.
8.5. Model 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 CamCity.com 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. Model 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 CamCity.com; 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 Model.
9.2. Neither CamCity.com, nor any persons or entities associated with CamCity.com, 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. Model further agrees that in the event that Paragraph 9.2 of this Agreement is invalidated, CamCity.com's entire liability for any claim for damages against CamCity.com arising out of this Agreement, whether grounded in contract or in tort, shall be limited to liquidated damages in the amount of $100 USD (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 Model appears on the Websites.
10.2. Notwithstanding Section 10.1, Model and CamCity.com 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 Model to CamCity.com, or by an e-mail from CamCity.com to Model, or by the deactivation of the Model's account or username at the Websites by Model or CamCity.com.
10.3. All rights granted by Model to CamCity.com 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 CamCity.com includes but is not limited to the following aspects of CamCity.com, 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 CamCity.com or how CamCity.com conducts business. Model agrees that the liquidated and conclusive amount of damages from any breach of Model's duties imposed by this confidentiality agreement will be fifty thousand dollars ($50,000 USD) per action.
11.2. Non-circumvention. During the Term of this Agreement and for a period of three (3) year after the termination thereof, Model agrees that neither Model nor any person under control or authority of Model shall circumvent or attempt to circumvent CamCity.com to form or attempt to form any business relationship with any of CamCity.com's employees, affiliates, or sub-licensees, or Customers, that harms, injures or diminishes CamCity.com and/or the benefits that CamCity.com might reasonably expect to enjoy pursuant to the rights granted to CamCity.com in this Agreement. Model agrees that the liquidated and conclusive amount of damages from any breach of Model's duties imposed by this non-circumvention agreement will be fifty thousand dollars ($50,000 USD) per action.
11.3. Specifically included in Paragraph 11.2 is any action by Model or anyone associated with Model to contact or attempt to contact any Customer of CamCity.com 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 CamCity.com as they relate to the Customer.

12. Indemnification

Model shall indemnify and hold CamCity.com 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, Model's actions or inactions in connection with or relating to the Websites, or from Model's breach of any covenants, representations or warranties set forth herein.

13. Model Release

13.1. "I allow CamCity.com to use my Performances, stage name, likeness, persona, voice, pictures, chat, video, audio, and anything else associated with my interaction with CamCity.com (collectively my "Appearance") in any way, throughout the universe, in perpetuity, and without limitation. I grant and assign to CamCity.com all rights, title, interest and copyrights associated with my Appearance. I agree that CamCity.com may edit my Appearance in any way and I agree that CamCity.com has no obligation to use my Appearance. I agree that the rights hereby granted to CamCity.com also extend to CamCity.com's subsidiaries, successors, licensees, and assignees."
13.2. "I hereby release and discharge CamCity.com 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 CamCity.com 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. Miscellaneous

14.1. Notices. Model may serve official notices to CamCity.com by sending an e-mail to the following e-mail address: Contact@CamCity.com. CamCity.com may serve official notices to Model by sending an e-mail to the e-mail address on the Model's account. CamCity.com may also serve official notices to Model through information posted in "news" sections within the administrative areas of the Websites accessed by Model. It is the responsibility of Model 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 CamCity.com) of when Model clicks the button below to indicate the signature of Model, 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 Model 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."