SEXCHATSTER

Terms of Service

Last Modified: December 23, 2016

Acceptance of Terms and Conditions

Welcome to SexChatster.com, (hereinafter referred to as "SexChatster", "Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,) these "Terms and Conditions", govern your use of SexChatster.com, (the "Website" "Site" or "Service").

Please read the Terms and Conditions carefully before you start to use the Website as they set forth your legal rights and obligations. In particular these Terms and Conditions require that you observe certain laws and regulations in your posting of Content and all activities undertaken using SexChatster Services as discussed in detail below.

In order to access this Service, you have warranted that you are 18 years or older. You have been notified of these Terms, if you cannot abide by them please take no further action and discontinue access or use of these Services.

In order to make further use of these Services and features offered therein, you will be required to register. At the time of registration, you will be required to affirm that you have reviewed these Terms and Conditions and all incorporated documents. By clicking "I accept" before submitting your registration, you understand these Terms and Conditions will have the force of contract, and agree to be bound by them.

Disclaimer

Unless otherwise noted, all Content on SexChatster is provided by our Users or independent third parties, and not by Sexchatster. If we are notified or have reason to believe a violation of these Terms and Conditions has occurred or is imminent, Sexchatster may review user accounts or content for conformance with these terms, but is under no duty to do so, and assumes no control over the content posted.

Use of Sexchatster services is void where prohibited by law.

By using or accessing this Website, or making any use of the services provided by Sexchatster, you represent and warrant that you are not prohibited by law from participating in the offered online services, and that you have the right, authority and capacity to enter into this Agreement.

We reserve the right, at our sole discretion, to change or modify portions of this Terms and Conditions at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.

SexChatster Services

SexChatster provides services intended for use by adults, and allows chatting via webcam, text, or voice. The services may allow our users to make use of features we now offer, or may offer in the future, including the ability to post of view live video content, and to interact with other users according to our Acceptable Use and Privacy policies.

Some features available on this site are free, others are paid. Pricing for premium content or access to premium areas is clearly posted. Available features, along with their description and pricing, are available on our Pricing Page.

Payment Terms

In the event Users choose to access premium content or subscriptions, that we may offer now and in the future. The pricing and other applicable terms shall be listed on our Pricing Page. Payments are processed via Epoch.com. Subscriptions auto-renew and you are responsible for revising your payment settings. For details regarding features and pricing please see our Pricing Page.

Access and Account Security

We reserve the right to withdraw or amend these Services or this Website, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any feature is unavailable at any time or for any period. From time to time, we may restrict access to some features, or the entire Service, to users, including registered users.

You are responsible for:

If you are provided with, a user name, password or any other piece of information as part of our security procedures to access features of this Service, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to, or use of your username or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or ability to access these services, if at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms and Conditions.

Intellectual Property Rights

This Service and the entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SexChatster, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content accessible through SexChatster.

You must not:

Trademarks

The Company name, the term SexChatster and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks of their respective owners.

Acceptable Use Policy

In using these Services the following standards and acceptable use policy shall apply to your use of these Services and your shared content. These content standards apply to any and all uses of this Service. All uses must in their entirety comply with all applicable federal, state, local and international laws and regulations.

As a registered user of SexChatster you may share your own User-Generated Content, "User-Generated Content" includes but is not limited to: live or recorded audio and video content, photographs and text. The following shall be true of all User-Generated Content and uses of these Services.

Without limiting the foregoing, User Generated Content, and your use of these Services must not:

You agree to observe these Acceptable Use Policies and to report violations. Further, you understand that once reported SexChatster may take action as it may determine are appropriate.

Actions taken by SexChatster may include:

Sexchatster does not undertake to screen submitted content or monitor activities on this service. Sexchatster relies on our community to report violations of our Terms and Policies. Sexchatster reserves the right to moderate activity on this Service under the reasonable belief a violation has occurred or is imminent and take all actions available under the law.

YOU WAIVE AND HOLD HARMLESS SEXCHATSTER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement/DMCA Policy

We cannot, and do not undertake to screen all content that is submitted. All users have read and agreed to our Terms and Conditions, and can assure us that they hold a license or ownership interest in all content they submit.

If YOU (or someone you represent) are the owner or license holder in any content on our service posted that you believe infringes copyright law, we request that report it according to the procedures below.

We use the copyright infringement procedures of the Digital Millennium Copyright Act(DMCA). If you wish to report infringement. It is important that you follow the instructions below to ensure the matter is dealt with properly respecting the rights of all parties.

  1. A. Proper Notice of Infringement
  2. To notify us of suspected copyright infringement, please send a written notice as described below to our Copyright Agent. You should include the following:
  3. 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  4. 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  5. 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  6. 4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  7. 5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  8. 6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  9.  
  10. B. Counter-Notice by User Alleged to Have Infringed
  11. If you are a user and action has been taken against your account due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent.
  12. Your written response should include the following:
  13. 1) A physical or electronic signature of the subscriber.
  14. 2) Identification of the material that action has been taken against and where that material appeared before it was removed or access to it was disabled.
  15. 3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  16. 4) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the Federal District Court for Delaware, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Sexchatster reserves the right to seek damages from any party that submits a knowingly submits a false notification of claimed infringement or counter notification in violation of the law.

Please send all notices required by this policy to our Copyright Agent:

By email to: DMCA@Sexchatster.com.

In appropriate circumstances, we will terminate the accounts of users who are repeat copyright infringers.

If the report or response is incomplete or not completed according to the above instructions we may be unable to appropriately respond to you. In the event that we need to contact you to follow-up on information you have submitted or require clarification we reserve the right to contact you using the information you submit.

CAN-SPAM ACT 15 USC §7703

SexChatster may send e-mails or other notices regarding new services, promotions, or other information that may be of general interest. These communications may include transactional information, but they may also be of a commercial nature. You are agreeing to receive commercial email when you agree to use these Services and enter the Site. Users who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their account. We will comply with all requests for removal.

Notice pursuant to 18 U.S.C. Section 2257

SexChatster is not the "producer" of any depictions of actual or simulated sexually explicit content appearing via this service.

Instead, the activities of the operators of this website, with respect to User Submitted content, are limited to peer to peer user transmission by third party users, the service only makes the connection between users and service does not host or produce any depictions of sexually explicit material.

Pursuant to Title 18 U.S.C. § 2257(h)(2)(B)(v) and 47 U.S.C. § 230(c), the operators of this website reserve the right to ban users to stop them from streaming user generated content which operators deem to be indecent, obscene, defamatory or inconsistent with the service's policies and/or terms and conditions.

Third Parties

Sexchatster may contain links to other sites and resources provided by third parties, these links are provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links, some may be provided in cooperation with our affiliates or related sites or by paid advertisers.

Your use of all third party sites or services requires your acceptance their individual terms of service and policies.

Data Security

Payment, and other functionalities of this Service are provided by third parties who are required to utilize industry standard security measures.

Given the nature of this Service, of which you were informed upon entry, you must understand that the security of information or material you share is your own responsibility. Any transmission of personal information or your likeness at your own risk. We are not responsible for circumvention of any privacy settings or security measures that have been provided.

No Reliance

In any event, does not endorse, verify or otherwise authenticate content, services or materials made available to you from third parties, or our Users. Any reliance you place on any information, offers or communications is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of its contents.

This Service includes content provided by third parties, site users, and other third-party licensors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR HACKING ACTIVITY THAT MAY INFECT, OR OTHERWISE AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OR STREAMING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Company's liability in any case shall not exceed the sum of $200.00USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Service.

Arbitration

You agree to submit any disputes arising from the use of these Terms of Use or Sexchatster including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under The BVI Arbitration Act, 2013 (“the Act”) interpreting and applying the common law system of the British Virgin Islands. The place of arbitration shall be at BVI International Arbitration Centre (“BVI IAC”). If any proceedings under the Act are required to be heard by the Court, then those proceedings will be heard in private (“closed Court”) unless the Court otherwise orders (on the application of any party or if in any particular case) that it is satisfied that the proceedings ought to be heard in open Court. The parties expressly agree that any dispute between them is to be submitted to a sole arbitrator. An award made in arbitral proceedings under the Act, whether made in or outside the British Virgin Islands is, by leave of the British Virgin Islands High Court, enforceable in the same manner as a judgment or order of the Court that has the same effect. Where the Court grants leave it may enter judgment in terms of the award. The BVI arbitration shall be conducted in English. You further, agree to only seek to resolve disputes with us on an individual basis. You shall not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

The Terms and Conditions, our Privacy Policy, Acceptable Use Policy and any other Policies found on the Terms and Conditions page constitute the sole and entire agreement between you and SexChatster.com with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Privacy@Sexchatster.com.

Thank you for visiting SexChatster.com