THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO WITH GGC ENTERTAINMENT, THE OPERATOR OF THIS WEBSITE ("GGC," "WE" OR US"), AND YOU, THE INDIVIDUAL MODEL-USER OR MODEL AGENCY USER. "YOU" AND "YOUR" SHALL APPLY TO EITHER THE INDIVIDUAL MODEL OR INDIVIDUAL MODEL USER USING OUR PLATFORM PART OF AN INDEPDENT AGENCY WHICH IS ENTERING INTO THIS AGREEMENT AND WHICH SUCH TERMS SHALL COVER ALL MODELS USING THE SERVICES PART OF SUCH AGENCY. BY REGISTERING TO USE OUR ONLINE PRIVATE PAY-TO-VIEW PROFILE FEED AND PREMIUM SOCIAL MEDIA MODELING REVENUE SHARING PLATFORM, YOU WILL BE ABLE TO UPLOAD PHOTOS AND VIDEOS AND OTHER CONTENT ("CONTENT") TO YOUR INDIVIDUAL MODEL PROFILE, SELL SUCH CONTENT TO PAYING SUBSCRIBERS (YOUR "FANS"), AND PROMOTE AND SELL ACCESS TO YOUR PRIVATE THIRD-PARTY SOCIAL MEDIA ACCOUNTS (COLLECTIVELY THE "SERVICES"). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH GOVERNS YOUR ACCESS AND USE AT ALL TIMES OF THE PLATFORM SERVICES OFFERED THROUGH WWW.ICANDYBABES.COM ("WEBSITE"). BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. THE RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT SHALL ONLY BE GRANTED TO YOU UPON YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS.
We reserve the right, at any time, to amend the provisions of this Agreement. If you do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy, as well as the Website Terms of Use in effect at the time of such use. Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy.
YOU MUST BE AT LEAST 18-YEARS OLD AND BE CONSIDERED TO BE A LEGAL ADULT IN THE JURISDICTION IN WHICH YOU RESIDE AND YOU MUST BE A BIOLOGICAL FEMALE. IF YOU DO NOT MEET BOTH OF THESE REQUIREMENTS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR SERVICES.
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Website and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
Subject to your continued compliance with the terms and conditions of this Agreement, upon acceptance of this Agreement, You are hereby granted with the non-transferable and revocable right to access and use the Services including the right to create, access and use your personal model profile located on the password-protected secure area of our Website ("Model Profile") to upload your Content, create and offer individual subscription services based upon your Content and/or your specified video or chat communications with your Fans, and including access and use of all related software, materials or applications made available to You through your Model Profile ("Materials"), for your personal use and shall continue until such time as your rights to access and use the Services are terminated by us or by You as set forth under this Agreement. These rights shall include your access and use of the Services as a single named user.
You are not authorized to: (i) resell or sublicense, outsource, time-share or rent the Services or Materials; (ii) distribute, transmit, or publish any portions of the Website to the public or download (other than page caching) or modify any portion of the Website in any form, format, or method; (iii) modify, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Services or any Materials or otherwise attempt to discover any source code or use unauthorized versions of the Services or any Materials for purposes including (without limitation) building a product or service similar to or competitive with the Services or to gain unauthorized access to the Services; or (iv) otherwise use the Services or any Materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit any of the Services, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Services. Except as expressly stated herein, the rights of access and use being granted do not convey any other rights in and to the Services or any Materials, express or implied, or ownership of any applicable Materials or any other intellectual property rights. All rights not expressly granted herein are reserved by us.
By using the Services and creating an account, You represent the following:
THE SERVICES ARE ONLY INTENDED TO BE USED BY YOU IN A LAWFUL MANNER IN COMPLIANCE WITH ALL EXISTING STATE, PROVINCIAL, TERRITORIAL AND/OR NATIONAL LAWS GOVERNING YOUR USE OF THE SERVICES. YOU SHALL NOT ENGAGE IN ANY ACTIONS THAT ARE DEEMED TO BE PROSTITUTION OR SEX TRAFFICKING, DISPLAY ANY PORNOGRAPHIC CONTENT INVOLVING MINORS ON OUR WEBSITE OR PROMOTE, SEEK TO ENGAGE IN OR OTHERWISE DISPLAY CONTENT INVOLVING CHILD PORNOGRAPHY, PROSTITUTION, ESCORT SERVICES, PERSONAL COMPANIONSHIP SERVICES, AND SIMILAR SUCH SERVICES. SUCH ABUSE WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT AND WE WILL REPORT SUCH CONDUCT TO THE APPROPRIATE AUTHORITIES IN SUCH CASES WHERE WE BELIEVE YOU HAVE VIOLATED ANY APPLICABLE LAWS.
We require that You register and apply in order to create a Model Profile and display any Content. You must complete the registration form along with uploading one (1) form of official government issued identification that contains your picture, full legal name and birth date. After we review and accept your application during the registration process, an account will be automatically created. We reserve the right to accept or reject your application in our sole discretion for any reason or for no reason. You represent to us that any information You provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if you have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after you have logged-in for the first time.
Account Security: It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized use by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.
We may terminate this Agreement at any time in our sole discretion and terminate your use and access of our Website by sending you a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services. Once this Agreement is terminated for any reason, your rights to use the Services shall terminate and shall otherwise be revoked by us.
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audiofiles, video files, animations, flash files, data files, code snippets, tags and metatags and other material which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. We retain all right, ownership, title and interest in and to all such items, whether or not we have registered for or has been granted any such protections under State and/or Federal law.
The respective marks Snapchat and Instagram and any other names, logos, brands or images featured or referred to on this Website are the property of their respective trademark and/or copyright holders. We are not affiliated with Snapchat, Instagram or any other social media network.
You shall not unreasonably restrict access to your Model Profile or private social media account(s) or fail to respond to any message sent by any Fan who has otherwise paid in advance for a subscription in connection with the same unless such Fan has breached any of the terms of the User Terms of Services as it relates to user conduct and interaction with You while using the Services.
We agree to share __% of all total subscription fees generated from the sale of subscriptions to your Model Profile and/or private third-party social media accounts ("Commissions") You generate using our Services for the duration of the Term. Subscriptions offered by You may be offered in exchange for credits issued to your Fans who may then use such credits to purchase your individual subscription offerings. Any credits purchased and used by your Fans will be stored on your Model Profile and all revenues generated by such credits shall be shared with You in accordance with this section.
Commissions Payment Timing. You may elect to receive payment by SEPA, ACH, bank check, or bank wire transfer. The Company will pay You once a week after two weeks of the revenue generation date. We may require You to submit additional legal information, including a W-9 Form if You are a United States resident or entity (the exact information required will depend on your country of residence).
Commissions Payment Adjustments. We may adjust the amount owed to You, including retroactively, for any refunds or chargebacks we make to any of your Fans, or due to any fraud by You. Failure to respond to any Fan message or communication within 14 calendar days from the date such message/communication has been initiated will result in a refund of the credit(s) back to the Fan without any exceptions other than for failure by such Fan to follow your written subscription terms.
Taxes. You are responsible for paying all taxes owed for revenues earned under this Agreement in connection with your use of the Services.
Commissions Disputes. If You dispute any payment made by us, You will notify us in writing no later than fifteen (15) calendar days after the disputed payment. Failure to notify us within this period will result in Your irrevocable waiver of any claims related to the disputed payment.
Right to Withhold Commissions. We may indefinitely withhold payments to You in an amount that equals any known damages caused by You in the event You breach this agreement; violate any third-party rights, including copyrights, property, publicity, or privacy rights; or if any person or entity claims that all or any part of your Model Profile or Content caused damage.
We are not responsible for pricing, typographical, or other errors in any offer or price stated on this Website or this Agreement and we reserve the right to cancel any memberships/subscriptions arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any description or information contained on this Website regarding the Services.
Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment You may need to be able to access or use the Website or otherwise use the Services.
You represent that You will at all times during Your use of the Services: i) comply with 18 U.S.C. §2257 and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects appearing in any Content were at least 18-years old at the time of the Content's production along with their gender identity as required by 18 U.S.C. §2257 and 28 C.F.R. Part 75; ii) obtain written consent from any individual(s) appearing in any content (other than yourself) that You display using our Services allowing You to post such content; and iii) obtain written consent allowing for the public distribution (including any downloading) of any content that depicts any individuals other than Yourself that You display on our Website. You agree to provide us with copies of all required written verification records upon our reasonable request, which we may request at any time during Your use of our Services without any advance notice to You.
The following Policy contains important restrictions, notices and disclaimers that governs your use the images, graphics, photos, videos, audio recordings, text, ideas, all written materials and/or any other written or electronic materials you upload to your Model Profile and/or use during any direct messaging in connection with the Services ("Content"). In consideration for your access and use of the Services offered by us, You agree to comply with the following terms and conditions at all times during your use of this Website and your Model Profile.
A. Representations. You represent that You are the owner, authorized licensee or authorized user of any Content that is uploaded and used directly by You on our Website. You also represent that You have a signed written consent or release for each identifiable person appearing in the Content to use their name and/or likeness to allow inclusion and use of the Content in the way contemplated by You in connection with your use of the Services. You agree that You will not upload, publish, link to or otherwise distribute any Content that:
i) promotes, solicits, comprises or contains abusive, defamatory, excessively violent, harassing, contains child pornography, is threatening or unlawful material or that is harmful to minors; or
ii) encourages conduct that would violate any law or Content that violates any applicable statute, ordinance, regulation or rule; or
iii) contains personal information about any individual without that persons consent or otherwise violates the privacy of any other individual or entity or Content You are not authorized to disclose; or
iv) violates either (i) 18 U.S.C. §2257; (ii) 18 U.S.C. §2421A; (iii) 18 U.S.C. §1591; and/or (iv) any other applicable law;
v) otherwise infringes on the rights of any third parties, including those of copyright, patent, trademark, service mark, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of anti discrimination law, or violation of any other right of any person or entity;
vi) misrepresents an affiliation with another person or organization or posting any Content that infringes any copyright, trademark, service mark, patent, trade secret or other intellectual property right of any third party;
vii) contains viruses, corrupted files, worms, Trojan horses or any other similar malicious software or programs that may expropriate, intercept or interfere with any data, information, property or system of another person or that may damage interfere or adversely affect the operation of our Website or any computer or other device of any user of our Website;
viii) is materially false, misleading or inaccurate; or
ix) depicts any individuals other than yourself without their prior written consent; or
x) violates any of the current association standards set forth by our payment processor or Mastercard.
B. Content Storage. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT INCLUDING, IF DESIRED BY YOU, THE MAKING AND KEEPING OF BACK-UP COPIES OF ANY OR ALL CONTENT. WE SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE DELETION OR ACCURACY OF ANY CONTENT, THE FAILURE TO STORE, TRANSMIT OR RECEIVE TRANSMISSION OF ANY CONTENT OR THE SECURITY, PRIVACY, STORAGE OR TRANSMISSION OF OTHER COMMUNICATIONS INVOLVING YOUR USE OF OUR WEBSITE. We will not access or view any Content, except as follows: (1) as permitted under this Agreement, including our Privacy Policy; or (2) as necessary to maintain or provide the Website or the Services, including without limitation: (A) to conform to legal requirements or comply with legal process as deemed necessary or advisable by us in good faith; (B) to detect, prevent or otherwise address fraud, security or technical issues; or (C) to enforce this Agreement, including investigation of potential violations hereof as further described in this Policy (Investigations).
C. Content Removal & Irrevocable License to Use Content. Any Content you upload to our Website will be treated as non-confidential and may be restricted from being displayed on this Website under the terms of this Policy at our sole discretion. When You post Content on this Website, You keep all rights and title to the Content including all intellectual property rights, but You grant us with an irrevocable, non-exclusive, royalty-free and perpetual right to post, display, copy, and modify that Content in connection with the operation of this Website, and to sell or otherwise transfer that Content in connection with the transfer of operation and/or ownership of this Website, or other location to which the Content was posted.
D. CONTENT DISCLAIMERS & MONITORING. You agree that we shall not be responsible to You for any Content. We assume no responsibility to investigate or verify that the Content does not violate these terms, any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Content posted or transmitted on this Website by You that is defamatory, libelous or slanderous, contains any omissions, falsehoods or otherwise violates any law or right of some third party. Notwithstanding, WE DO MONITOR YOUR USER ACTIVITY IN CONNECTION WITH THE CONTENT YOU UPLOAD TO OUR PLATFORM AND THE MESSAGES THAT YOU POST AND RECEIVE FROM YOUR FANS. THIS INCLUDES MONITORING ANY LIVE VIDEO(S) YOU STREAM USING THE SERVICES IN REAL-TIME. If we become aware of any actual or possible violations by You (or any of your Fans) of any provision of this Agreement, including without limitation this User Content Policy, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately terminate this Agreement (including your access to the Services), or may remove any Content, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is occurring, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. In connection with any such investigation, we are entitled, except to the extent prohibited by applicable law, to disclose to law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate, any information (including without limitation personally identifiable information), about you that is in our possession in connection with Your use of the Model Profile and the Services in general.
E. DMCA and Trademark/Service Mark Policy. We will, in appropriate circumstances as determined in our sole discretion, terminate your rights to submit, upload or post any Content if you infringe the intellectual property rights of others. We will investigate notices of copyright infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). We also have procedures in place for You to protest any notices of alleged infringement of any Content You have submitted, uploaded or posted to this Website. Please see our DMCA Policy on this Website for more details.
F. Content Termination. If you choose to terminate your access and use of the Services, the terms of this Agreement regarding any Content you have uploaded remain applicable. Content that you have posted to your Model Profile or this Website other than Content that has been published, will not be deleted or retired as a result of your termination. Data retained in backups will be removed only as the backups are purged in the normal course of our backup procedures.
You hereby agree to defend, indemnify and hold us, our employees, consultants, agents, representatives, attorneys or any parent, subsidiary or other entity controlled or owned by us, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services including, but not limited to, any Content You upload or post; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) your negligence or willful misconduct.
While we strive to keep downtime to a minimum, from time to time the Website and the Services may be unavailable, whether due to periodic maintenance or otherwise. No downtime "credit", refund or any other type of proration will be provided by us for downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Site at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information); (ii) any reason described in our section regarding Force Majeure; (iii) your inability to connect to or to access the Site or Services due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem; or (iv) any other reason. Downtime credit pursuant to this Section will not be issued in connection with any non-paid use including without limitation our initial free-trial period.
THE SERVICES ARE BEING MADE AVAILABLE AND SOLD ON A "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OF USE OR THAT YOU WILL GENERATE ANY REVENUE USING THE SAME. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES ARE APPROPRIATE OR LEGAL IN YOUR JURISDICTION. WE ARE NOT RESPONSIBLE FOR ANY UNAVAILABILITY, INTERRUPTION OR DELAY OF ANY SERVERS OR WITH TELECOMMUNICATIONS OR THIRD PARTY SERVICES (INCLUDING DNS PROPAGATION) NECESSARY TO HOST OUR WEBSITE AND/OR TO PROVIDE ACCESS TO ANY SERVICES OR MATERIALS MADE AVAILABLE THROUGH OUR WEBSITE, UNDER ANY CIRCUMSTANCES. THE USE OF THE SERVICES AND THE MATERIALS THEREFROM SHALL BE DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND WITH YOUR UNDERSTANDING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA OR ANY OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY FAILURE THAT ARISES OUT OF YOUR USE OF THE WEBSITE AND THE SERVICES WITH ANY HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM, INCLUDING WITHOUT LIMITATION ANY FAILURE RELATED TO OR ARISING FROM YOUR INABILITY TO CONNECT TO OR TO ACCESS THE WEBSITE OR SERVICES DUE TO PROBLEMS RELATED TO YOUR PC HARDWARE, SOFTWARE, NETWORK, NETWORK SETUP OR SECURITY, OR YOUR INTERNET SERVICE PROVIDER OR ANY OTHER SIMILAR PROBLEM.
UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL CONDUCT, YOU AGREE THAT GGC SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR ACCESS AND USE OF THE WEBSITE OR THE SERVICES. YOU AGREE THAT OUR LIABILITY SHALL IN ALL CASES BE LIMITED TO THE TOTAL SUBSCRIPTION FEES KEPT BY US IN CONNECTION WITH OUR REVENUE SHARING FOR YOUR USE OF THE SERVICES DURING THE TIME IN WHICH ANY SUCH DAMAGE OR LOSS HAS OCCURRED. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS.
UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL CONDUCT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER OF WHATEVER KIND OR NATURE IN CONNECTION WITH ANY OF THE FOLLOWING: (A) ANY CONTENT THAT IS UPLOADED OR POSTED BY ANY OF YOUR FANS IN ANY MANNER; (B) ANY CONTENT YOU UPLOAD AND DISPLAY ON YOUR MODEL PROFILE IN CONNECTION WITH THE SERVICES; (C) ANY THIRD-PARTY SOCIAL MEDIA PLATFORM'S SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR THE PRIVATE THIRD-PARTY SOCIAL MEDIA ACCOUNT OF ANY OF YOUR FANS THAT PURCHASE A SUBSCRIPTION TO ACCESS SUCH ACCOUNT(S); (D) ANY CANCELLATION BY US OF ANY YOUR FAN'S ACCESS TO YOUR MODEL PROFILE ACCOUNT DUE TO ANY BREACH BY SUCH FAN OF THE USER TERMS OF SERVICE FOR NON- PAYMENT OR ANY OTHER REASON; (E) THE CONDUCT OF YOU OR AN OF YOUR FANS IN USING THE SERVICES; (F) ANY INFRINGEMENT BY YOU OF ANOTHER PERSON'S RIGHTS, INCLUDING WITHOUT LIMITATION RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY OR DATA PROTECTION; (G) ANY LOSS OF ANY PAID CREDIT(S) YOU HAVE EARNED THROUGH YOUR SUBSCRIPTION OFFERINGS AND STORED BY US DUE TO ANY BREACH OF OUR SERVERS OR DUE TO ANY VIRUSES, MALWARE OR SIMILAR ATTACKS BY THIRD PARTIES ON OUR DATA SERVERS OR DUE TO ANY INTERRUPTION OF THE DATA STORAGE SERVICES PROVIDED TO US BY SUCH THIRD PARTY PROVIDER(S); OR (H) ANY REFUNDS TO YOUR FANS OF ANY CREDITS YOU HAVE EARNED DUE TO YOUR FAILURE TO RESPOND TO ANY MESSAGE OR COMMUNICATION BY SUCH FAN (IN ACCORDANCE WITH THE SUBSCRIPTION OFFERING TERMS) AFTER 14 CALENDAR DAYS FROM THE DATE THE COMMUNICATION WAS INITIATED.
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various provinces and states. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.
WE STORE ALL CONTENT YOU UPLOAD TO YOUR MODEL PROFILE AND ALL PRIVATE MESSAGES YOU POST WITH ANY OF YORU FAN SUBSCRIBERS INCLUDING THE DATE AND TIME SUCH MESSAGES ARE POSTED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES. WE ALSO COLLECT AND STORE ALL INFORMATION SUBMITTED DURING ANY CHAT OR MESSAGING CONDUCTED BY YOU WHEN YOU USE OUR PLATFORM TO INTERACT WITH ANY OF YOUR FANS IN CONNECTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, IDENTITY INFORMATION (AS DEFINED IN OUR PRIVACY POLICY), THE REAL TIME "CHAT" TEXT OR MESSAGE DIALOGUE BETWEEN YOU AND ANY OF YOUR FANS, YOUR SCREEN NAME YOU USE IN CONNECTION WITH YOUR MODEL PROFILE OR ANY OTHER DATA OR INFORMATION THAT IS DISPLAYED OR TRANSMITTED THEREON. The laws of some jurisdictions require the giving of notice to, or receipt of consent from, individuals prior to intercepting, monitoring and/or recording their communications.
WE COLLECT THE MOBILE NUMBER(s) YOU PROVIDE TO US AND WILL USE SUCH MOBILE NUMBERS TO SEND SMS/MMS MESSAGES TO YOU. By registering/subscribing to use our Services, You consent to and otherwise authorize us to send such SMS/MMS messages to any mobile phone number provided to us so that we may notify You each time a new customer-user subscribes to view your Content via Snapchat. We will at all times comply with the Telephone Consumer Protection Act ("TCPA"), the Federal Trade Commission Act, all rules and regulations promulgated by the the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations that place restrictions on our SMS or MMS message campaigns. We will include clear opt-out/unsubscribe information on any text messages we send to any mobile numbers provided to us. You represent and warrant to us that You are either the owner/account-holder of any phone number(s) provided to us by You pursuant to this Agreement, or are otherwise authorized to consent to the receipt of such SMS/MMS messages to any such mobile number(s) you has provided on behalf of the recipient.
By entering into this Agreement, you agree to our collection, use, and disclosure of your personally identifiable information (Identity Information) and all other information in accordance with this section and in accordance with our Privacy Policy. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our use of any of your Identity Information or other information as described therein. The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services shall at all times be consistent with this Section and with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of personally identifiable information outside of your country of citizenship or residence.
Any violation of the terms of this Section will result in immediate termination of your subscription/account, which such determination will be made by us at our sole-discretion.
A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your access to and use of the Services, along with the terms contained in the Website Terms of Use, and supersedes any prior communications, representations or agreements of the parties, weather written or oral. This Agreement cannot be altered, amended, or modified except in writing executed by an authorized representative of each party. Neither electronic mail nor instant or text messaging shall be considered a writing sufficient to change, modify, extend or otherwise affect the terms of this agreement.
B. Authority.If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
C. AGREEMENT TO ARBITRATE DISPUTES. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the World Intellectual Property Organization ("WIPO") and shall be administered by WIPO. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any international court or tribunal or United States state or federal court under the terms of this Agreement.
Unless otherwise permitted to be conducted electronically/remotely by WIPO any required physical arbitration proceeding shall be conducted in Breda, Noord-Brabant, Netherlands. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney's fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of WIPO.
YOU AGREE THAT ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. IF YOU DO NOT FILE A CLAIM WITHIN THE REQUISITE ONE (1) YEAR PERIOD, THAT CLAIM(S) SHALL BE WAIVED AND RELEASED AND YOU SHALL BE FOREVER BARRED FROM ASSERTING THAT CLAIM(S).
D. Venue & Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in Court house Zeeland-West-Brabant, The Netherlands, Breda, Stationslaan 10, 4815 GW, and You hereby expressly agree to submit to the personal jurisdiction of such court and consent to extra-territorial service of process.Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration of allowing access to and use of this Website by You. This Agreement shall be construed and enforced in accordance with the laws of the Netherlands without regard to any applicable conflict of laws principles and without regard to any applicable International laws, treaties or regulations.
E. Waiver.The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
F. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement. G. Assignment. This Agreement inures to the benefit of and is binding upon the parties and their successors and/or assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
H. Survival. Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties' respective successors and permitted assigns.
I. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.
J. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.
K. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.
THE FOLLOWING TERMS AND CONDITIONS ARE ENTERED INTO WITH GGC ENTERTAINMENT, THE OPERATOR OF THIS WEBSITE (“GGC,” “WE” OR US”), AND YOU, THE INDIVIDUAL SUBSCRIBER OF ANY OF OUR PREMIUM MODELING CONTENT PLATFORM SUBSCRIPTION SERVICES (“YOU”).
BY SUBSCRIBING TO VIEW AND ACCESS ANY OF OUR ONLINE PRIVATE PAYTO-VIEW PREMIUM MODELING CONTENT (“SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, WHICH GOVERNS YOUR ACCESS AND USE AT ALL TIMES OF THE SERVICES OFFERED THROUGH WWW.ICANDYBABES.COM (“WEBSITE”).
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND THIS AGREEMENT AND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US. YOU ALSO AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACCEPT OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY POLICY. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND OUR PRIVACY POLICY, THE TERMS OF THIS AGREEMENT SHALL SUPERSEDE AND CONTROL. THE RIGHTS GRANTED TO YOU PURSUANT TO THIS AGREEMENT SHALL ONLY BE GRANTED TO YOU UPON YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS.
We reserve the right, at any time, to amend the provisions of this Agreement. If You do not accept any amendments, this Agreement will terminate. Please regularly check this Agreement as posted on this Website to view the then-current terms of this Agreement. Notwithstanding anything in this Agreement to the contrary, if we post amended terms to this Agreement on our Website, such terms will automatically become effective, shall be incorporated into this Agreement immediately upon being posted, and where inconsistent with any other terms and conditions of this Agreement, shall supersede any such conflicting terms or conditions. By accessing and using our Website and the Services after such revised terms are posted, You agree to be bound by any such revised terms. You agree to periodically visit our Website to examine the then-current terms and conditions of this Agreement. Your access and use of the Website and the Services will always be subject to the most current versions of these Terms of Service and our Privacy Policy in effect at the time of such use.
Please regularly review the Terms of Use on the home page of the Website to view the then-current Terms of Use, Terms of Service and Privacy Policy
The Website provides You with interactive access to restricted photos, videos, and posts provided by our participating model subscribers in the adult entertainment industry “Model” or “Models”) as displayed in their individual model profile (“Model Profile”) or through access to their premium third-party social media accounts (collectively “Model Content”), and including the ability to directly chat and interact with such Models, on a subscription basis for a one-time fee or for recurring fees as set exclusively by our Models.
YOU MUST BE AT LEAST 18-YEARS OLD AND BE CONSIDERED TO BE A LEGAL ADULT IN THE JURISDICTION IN WHICH YOU RESIDE TO ACCESS THIS WEBSITE. IF YOU DO NOT MEET THESE AGE REQUIREMENTS, YOU CANNOT ACCESS THE WEBSITE, VIEW ANY MODEL CONTENT OR OTHERWISE USE OUR SERVICES AS A SUBSCRIBER. BY ACCESSING THE WEBSITE, YOU MAY SEE GRAPHIC DEPICTIONS, NUDITY, ADULT LANGUAGE, AND DESCRIPTIONS OF EXPLICIT SEXUAL ACTIVITY, INCLUDING HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SITUATIONS OF A SEXUAL NATURE.
By using the Services and creating an account, You represent the following:
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Website and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without imitation to comply with applicable law.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website . For more information regarding policies and practices about how we may collect and disclose information from our Website users, please visit and read our Privacy Policy
All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material which is protected by copyright, trademark or other proprietary rights by us or affiliates or other third parties. No protected content may be used without our prior written consent. We retain all right, ownership, title and interest in all intellectual property, whether or not we have registered for or has been granted any such protections under State and/or Federal law. The respective marks Snapchat and Instagram and any other names, logos, brands or images featured or referred to on this Website are the property of their respective trademark and/or copyright holders. We are not affiliated with Snapchat, Instagram or any other social media network. iCandyBabes Subscription Services Access Rights
Subject to your continued compliance with the terms and conditions of this Agreement, You shall have the non-transferable and revocable right to access and use the Services including the right to upload content and access and use any of our interactive messaging or other features with our participating Models, including access and use of all related software, materials or applications made available to You ("Materials"), for your personal use until such time as we terminate your access to use the Services or You terminate your account as set forth under this Agreement. Notwithstanding the foregoing, the rights being granted to You does not include the automatic right to access and view any Model Content or otherwise interact and communicate with any Model appearing on this Website as such rights are solely determined and granted by the subject Model in connection with any individual subscription You seek to purchase.
You acknowledge and agree that any unauthorized use, copying or distribution of this Website including any Model Content and all other separate Website elements, the Services or Materials are expressly prohibited. Without limitation, You agree not to do any of the following: (i) Attempt to gain unauthorized access to any portion of the Website or to other accounts, computer systems or networks connected to the Website, whether through hacking, password mining or any other means; (ii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded; (iii) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; (iv) Engage in any systematic extraction of data or data fields, including without limitation e-mail addresses; (v) Disrupt, interfere with or inhibit any other person's use and enjoyment of the Services; (vi) Violate our rights or any third party rights, including without limitation abuse, defame, defraud, harass, stalk, threaten or otherwise violate our legal rights (such as rights of privacy and publicity) or any third party legal rights; (vii) Use our domain name as a false or pseudonymous return e-mail address; (viii) Use our business or domain name to market or sell any goods or services (including advertising and making offers to buy or sell goods or services or implying that we in any manner endorse or are associated with such goods and services), unless we have given our prior written consent; (ix) Use any portion of the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services or any networks connected to the Website; or (x) Access or use the Website or the Services in any manner that could damage, disable, overburden or impair any of our servers or the networks connected to any of our servers.
Upon the first time You subscribe to access any of our Model Content, We require that You register and create an account before you order such subscription. Once You provide the requested information during the registration process, an account will be automatically created. You also warrant and represent to us that any information You provide during registration is accurate and current, and that You are authorized to provide such information. You will be required to maintain and update your registration information as required to keep your information complete and accurate at all times. We may, in our discretion, terminate, suspend, or modify your registration with, or access to, all or part of the Website and/or the Services, without notice, at any time if You have provided untrue, inaccurate or incomplete registration information. You will be issued or required to create a user ID and password to log-in to the restricted areas of our Website in order to use the Services. You can use this log-in information to access the Services at any time and You may create a unique user ID and password after You have logged-in for the first time.
Account Security: It is your responsibility at all times to maintain the security and confidentiality of your account information, including your user ID and password information. We are not responsible and shall have no liability to You for any misuse or unauthorized access or use of your account. You agree that You shall be the only user of your account and will not allow others to use your account information to log-in and access this Website other than has may be expressly allowed under your license rights stated in this Agreement. You assume liability for and are solely responsible at all times for all use and all actions made under or through your account including, but not limited to, unauthorized se by any third parties or any employees. You agree that we may act in reliance, without investigation, upon any of your log-In information. We will not be required to inquire into the truth or evaluate the merits of any of your log-In information.
We may terminate this Agreement at any time in our sole discretion and terminate your use and access of the Services by sending You a notice of termination to the e-mail address included in your log-in information (which notice shall be effective upon being sent by us) if: i) You violate or breach one or more provisions of this Agreement; or ii) we determine in our sole and exclusive judgment that terminating your access to our Website or Model Profile is advisable for security reasons, to protect us from liability, or to maintain the continued normal uninterrupted operation of our Website and/or the Services. Once this Agreement is terminated for any reason, your license to use the Services shall terminate and shall otherwise be revoked by us.
Your right to access and view any Model Content may be terminated by the applicable Model(s) and such Model(s) may otherwise cease communicating with You privately through our Website at any time if You breach any of the terms of this Agreement relating to your conduct and interactions with such Model while using the Services. Further, any of our Models may deny You with access to their Model Content and otherwise with the ability to interact with such Model privately at their sole discretion for any reason or for no reason at all at any time before you have purchased any subscription to access the same. You agree that we shall have no liability to You whatsoever for your inability to access any Model Content or communicate with any Model(s) either before your purchase of any access rights to any such Model Content and/or ability to communicate and interact with any Model(s), or in the event your access rights are terminated by the subject Model(s) before the expiration of the applicable subscription period due to any breach by You of these terms.
You are not required to purchase any subscriptions to any Model Content or otherwise to interact with any of our Models. Our Models set their own pricing and specific subscription duration terms. You will be required to prepay for any subscription You do elect to purchase. For example, some subscriptions to access Model Content may be based upon a one-time fee for a set duration, or such terms may be based upon a recurring subscription fee structure for continual access rights until the subscription is terminated. It is your responsibility to check the subscription fee payment terms and subscription duration in connection with any subscription rights You purchase on this Website before You subscribe to access the same or to interact with any Models. Unless the Model’s order/payment page indicates otherwise, all prices posted on our Website exclude any taxes, payment processing or currency transmission charges You may incur by any third parties in connection with any purchase by You. You must have a valid accepted form of payment on file to purchase a subscription to access any Model Content. We will charge your credit card or other form of payment for the price listed for the relevant subscription period along with any additional amounts relating to applicable taxes we may be required to collect upon your purchase in addition to the stated subscription amount.
Some Models may require You to purchase credits to fill your online wallet that You create on your account profile. Credits can be used by You in accordance with such specific Model’s separate subscription terms set forth in the offering. If You send a message to a Model and You are required by such Model to pay a single credit, for example, the Model is required to reply within 14 calendar days, provided You are not in breach of this Agreement and have followed all separate subscription terms posted by such Model. If the Model does not reply within 14 days, then the credit will be visible again in your wallet and You may use such credit(s) to purchase subscription offerings from other Models. You shall not be entitled to receive cash in exchange for any refunded credits.
You shall have the limited, personal, revocable, non-transferable, nonsublicensable right at all times during your use of our Services to use any credits in connection with certain subscription offerings, but you have no other rights or title in or to any such credits. We reserve the right to manage, regulate, control, modify and/or eliminate such credits as we may determine in our sole discretion, and we shall have no liability to You or anyone for the exercise of such rights. No credit(s) may be transferred by You without our prior, explicit written authorization for such transfer. No credit may be used by You outside of our Website platform for any purpose other than for your use in connection with the Services.
If You purchase any subscriptions offered by any of our Models, You hereby authorize us to charge your credit card or other payment method You provide automatically in the applicable amount stated on the order page in connection with the Model subscription immediately upon your order and after the expiration of the initial subscription term and upon the expiration of each subsequent subscription renewal term in the event the subscription You purchase is recurring, unless otherwise stated in this Agreement. YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL ANY RECURRING SUBSCRIPTION AGREEMENT WITH ANY OF OUR MODELS BEFORE THE END OF THE FIRST BILLING TERM OR END OF ANY SUBSEQUENT RENEWAL TERM PURSUANT TO SUCH SEPARATE TERMS YOU AGREE TO WITH ANY OF OUR MODELS WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT RENEWAL/BILLING TERM AND UPON THE TIME(S) DUE AS 9 STATED UNDER THE TERMS OF THE SUBSCRIPTION WITH SUCH MODEL(S). YOU AGREE THAT FAILURE TO CANCEL THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
If the Company is required to collect or pay any taxes in connection with your purchase of a subscription (for example, VAT taxes), those taxes will be charged to You at the time of each purchase transaction. Additionally, if required by law, You are responsible for reporting and paying certain taxes in connection with your purchase and use of a subscription. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
We are not responsible for pricing, typographical, or other errors in any offer or price stated on this Website by any of our Models and we reserve the right to cancel any transaction or subscription arising from such errors. The Company will correct any mistakes in a charge and add or credit them against your future payments. If You become aware of any errors in a charge, please notify the Company promptly at . If an error occurs in the billing bank, gateway, processor, or intermediate processor and a transaction is lost, the Company has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue, including providing credit to your payment method or refunding the transaction. You waive any error unless You notify the Company of the error within three months after You receive the bill in which the error first appears. You hereby release the Company from any liability for any error that You do not report to the Company within three months after You receive the bill in which the error first appeared.
Your ability to access and use the Services may require the payment of third party fees and charges (including but not limited to fees and charges such as Internet service provider fees, or fees or taxes imposed on Internet services, including any sales or use taxes, by governmental agencies). You are responsible for paying all such fees, charges and taxes. We are not responsible for any equipment You may need to be able to access or use the Website or otherwise use the Services.
In the event You purchase any credits to any communications related subscription offering by any Model and send a message or attempt to initiate a communication to such Model in accordance with your subscription rights, the Model must reply to You within 14 calendar days. If the Model does not reply within such time, then any credit(s) You have purchased in connection with the same (generally a single credit offering) will be visible again in your wallet on your account profile and You will be able to use such credit(s) to purchase other subscription offerings from other Models. You will not be entitled to receive a cash refund in exchange for any credits refunded to You. We shall have no liability to You in such case for any such payments made by You including any payments made by You in advance for subscriptions which are subsequently terminated by any Model before the expiration of such subscription period for any breach by You of the terms of this Agreement.
If You buy a subscription offered by any of our Models that automatically renews, You may cancel the subscription any time before the end of the current subscription billing period and the cancellation will take effect on the next billing period. You retain access to the subscription from the time You cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. To cancel a subscription, please contact the payment processor that You paid through.
You are restricted from engaging in any of the following activities while using the Services or otherwise accessing our Website:
Any of our Models may terminate your access to their Model Profiles or private third-party social media accounts for violating any of our user conduct provisions. In such case, we shall not provide any refund or any credit to You of any kind.
The following Policy contains important restrictions, notices and disclaimers that governs: A. your use of the images, graphics, photos, videos, audio recordings, text, ideas, all written materials and/or any other written or electronic materials posted by any of our Models (“Model Content”) that You access using any interactive features on this Website in connection with the Services; and B. and any content You upload/submit while using our Services (“Content”). In consideration for your access and use of the Services offered by us, You agree to comply with the following terms and conditions at all times during your use of this Website and the Services:
INCLUDING MATERIALS PROVIDED BY OUR THIRD-PARTY LICENSORS, SYNDICATORS, OR AGGREGATORS (COLLECTIVELY, “THIRD-PARTY MATERIALS”). WE DO NOT PRESCREEN OR PREEMPTIVELY MONITOR ANY THIRD-PARTY MATERIALS. We assume no responsibility to investigate or verify that either the Model Content or your Content does not violate any law or the rights of some third party or is otherwise injurious or causes some third party to suffer any damages. Under no circumstances shall we be liable for any damages occurring or arising from any Model Content posted or transmitted on this Website. We do not represent or endorse the accuracy or reliability of any Model Content. Notwithstanding, we do monitor Model Content and your Content, including any messages You post using our chat features, and If we become aware of any actual or possible violations by any of our Model subscribers or by You of any provision of this Agreement or of any laws, we reserve the right to investigate such actual or possible violations and we may, at our sole discretion, immediately remove such Model Content or your Content, in whole or in part, without prior notice to You. If, as a result of any such investigation, we believe that criminal activity has occurred or is likely to continue to occur in connection with your 13 Content, we reserve the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities and to terminate your right to access and use the Services immediately. In such case, we shall disclose to law enforcement or other government officials any Content or personal information You have provided to us (including without limitation personally identifiable information) in connection with your use of the Services in general, Content and/or any Model Content.
You hereby agree to defend, indemnify and hold us, our employees, consultants, agents, representatives, joint venture or joint venture partners, attorneys or any parent, subsidiary or other entity controlled or owned by us, as applicable, harmless from and against any and all claims, liabilities, damages or costs (including without limitation fees, costs and other expenses of attorneys and expert witnesses) arising out of or in any way related to: (i) any breach of this Agreement by You; (ii) your use of and access of our Website and use of the Services including in connection with any content You upload to our Website; (iii) any actual or alleged violation by You or by any person using your user account information (whether or not such use is authorized by You) of this Agreement or any applicable law, or any intellectual property, proprietary, privacy or other right of any third party; (iv) any credit-card funded payments by You in connection with any of your subscriptions using our Services that are reversed, to the extent applicable or (v) your negligence or willful misconduct.
While we strive to keep downtime to a minimum, from time to time the Website and the Services may be unavailable, whether due to periodic maintenance or otherwise. No downtime “credit”, refund or any other type of proration will be provided by us for downtime caused by any of the following: (i) periodic maintenance (notice of which will be posted in advance on the Site at the point of user log-in and/or e-mailed to the e-mail address contained in your primary Log-In Information); (ii) any reason described in our section regarding Force Majeure; (iii) your inability to connect to or to access the Site or Services due to problems related to your PC hardware, software, network, network setup or security, or your Internet service provider or any other similar problem; or (iv) any other reason. Downtime credit pursuant to this Section will not be issued in connection with any non-paid use including without limitation our initial free-trial period.
You hereby release us, our employees, agents and representatives (as applicable) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any Content you upload or post using the Services. If you are a California resident you hereby waive the application to you of California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you hereby waive any applicable law that is similar to California Civil Code Section 1542.
Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.
You are solely responsible for compliance with any laws applicable to your use of the Services. You agree to comply with all applicable laws and regulations of the United States and the various provinces and states. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.
The Website and the Services are not available in certain countries or to certain persons, the identity and composition of which may change from time to time in the sole discretion of us including, without limitation, in order to comply with current applicable laws and regulations. We reserve the right to deny access to and use of the Site and the Services to any country, jurisdiction, geographic region, or person at any time and for any reason whatsoever, including without limitation to comply with applicable law.
You grant to us permission to email You notices, advertisements, and other communications, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity unsuitable for minors. You can be removed from our mailing list at any time by sending an email to support@icandybabes.com.
WE STORE ALL CONTENT YOU UPLOAD AND ANY MESSAGES YOU POST AND THE DATE AND TIME SUCH MESSAGES ARE POSTED BY YOU IN CONNECTION WITH YOUR USE OF OUR DIRECT MESSAGING FEATURE. By entering into this Agreement, You agree to our collection, use, and disclosure of your personally identifiable information (Identity Information) and all other information in accordance with this Section and in accordance with our Privacy Policy. You acknowledge that you have read the Privacy Policy and that it is a part of this Agreement and You hereby consent to our use of any of your Identity Information or other information as described therein. The manner in which we use any Identity Information or any other information that You submit or that we collect automatically through your access and use of the Services shall at all times be consistent with this Section and with our Privacy Policy. If there is any conflict between the terms of our Privacy Policy and the terms of this Agreement, the terms of this Agreement shall control. Identity Information collected by us in connection with this Agreement may be stored and processed in the United States or any other country in which we maintain facilities. You consent to any such transfer of personally identifiable information outside of your country of citizenship or residence. 19 Any violation of the terms of this Section will result in immediate termination of your subscription/account, which such determination will be made by us at our sole-discretion
Unless otherwise permitted to be conducted electronically/remotely by WIPO any required physical arbitration proceeding shall be conducted in Breda, Noord-Brabant, Netherlands. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of WIPO.
YOU AGREE THAT ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. IF YOU DO NOT FILE A CLAIM WITHIN THE REQUISITE ONE (1) YEAR PERIOD, THAT CLAIM(S) SHALL BE WAIVED AND RELEASED AND YOU SHALL BE FOREVER BARRED FROM ASSERTING THAT CLAIM(S).