Guidelines

Terms & Conditions / Guidelines / Privacy Policy

Last Modified: September, 2021

  1. Adults only.
    We have placed this detail over and above all of our other terms because it is the most important (although it is also referenced below). Camistry is only open to consenting adults looking to express themselves in the form of streaming video, trading cryptocurrency, gambling, messaging or other adult activities. We have zero tolerance for any minors on our platform, partner platforms or performer’s platforms. This applies whether such individuals are actually minors or pretending to be  presenting as minors, perhaps in a misguided attempt at role-play. We have zero tolerance for any image of any minor being uploaded to our platform for any reason and under any circumstance. Please be advised that we reserve the right to and do intend to report each and every suspected minor to the National Center for Missing and Exploited Children in the United States, and The International Commission for thew prevention of child trafficking and exploitation and any and all other law enforcement agencies we feel appropriate worldwide. If you believe that a minor is using the site, we request and encourage you to report each and every user you encounter which you believe or suspect to be under the age of 18. All reports are reviewed as quickly as we can by our team. If you are a minor, you must immediately leave this site now. You are not legally permitted on Camistry or any parallel platform for any reason, and if we find you on this site, we will report you to law enforcement as noted above. We will not reactivate you for any reason ever now or again

 

  1. The Platform
    The Camistry platform is an online platform that connects users to performers via livestreams, stored content and imagery, social networking capabilities including both a text and video chat service whereby individuals accessing the Platform (each a “Community Member“) may create and share with other Community Members online audio, video, interactive, and live content which may include, at the providing Community Member’s election, content of an adult nature. The platform also serves as a trading community for crypto currency. Community Members, whether or not their account is capable of receiving tokens, are free to broadcast their live streaming video through the Platform, subject to the minimal restrictions set forth in these Terms, which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Community Members. Subject to safety and legality required rules, Community Members may produce and broadcast (or not broadcast) as and when they determine and set their own rules for other Community Members viewing their broadcasts. Community Members are also free to use other video streaming platforms either at different times or at the same time as such Community Members use our Platform, subject to the provision below that Community Members may not, through the Platform, promote or advertise any entity, product, service, or website that delivers live-streaming content.

 

  1. INTRODUCTION AND DESCRIPTION OF SERVICE
    • When you access the Platform, you understand that you may see graphic depictions of nudity, exposed genitals and persons engaged in explicit sexual activity consisting of people of different genders, people of the same gender, as well as sexual acts involving more than 2 individuals. By accessing and/or using the Platform, you expressly acknowledge that you wish to see such materials. By accessing the interactive video chat social networking platform located at camistry.io (collectively the “Platform“) these terms and conditions (these “Terms“) form the binding agreement between you (“you“) and CAMISTRY, LLC (the “Company“) regarding your use of the Platform. If you do not agree to be bound by these Terms, you must immediately exit the Platform and not access the Platform again for any reason. There is no fee to access the Platform and view content to access some functions of the Platform, but Community Members will be required to create an Account (defined below).
    • Community Members who are eligible to receive tokens in their account, from other Community Members are referred to in these Terms as an “independent content creators(s)“. In these Terms, the use of phrases such as “we” “our” “us” or other appropriate first-person terms refer to the Company. The use of the terms “you” or “your” refers, as the context may require, to you the Community Member or Independent Broadcaster accessing or utilizing the Platform. By accessing and/or using the Platform, you agree to be bound by the Terms.
  2. NO ACCESS BY MINORS AND NO EXPLOITATION OF CHILDREN
    • This Platform is for Adults Only. In order to access and use the Platform, you must be at least 18 years old or the age of majority in your country, whichever is older (the “Age of Majority“). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By accessing and/or using the Platform you agree that you have reached the Age of Majority and acknowledge that we have the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. If we believe you are in violation of this Age of Majority requirement, we will report you to law enforcement.
    • Law Enforcement Reporting. We reserve the right to and do report suspected violations of the Platform’s minimum age requirement to the National Center for Missing and Exploited Children (“NCMEC”) and any and all law enforcement and other organizations we may feel appropriate, in our sole discretion. If you believe that a minor has accessed the Platform, you should immediately report it to us at legal@camistry.io. For more information regarding this policy and our zero-tolerance stance on minors using or in any way appearing on the Platform, please contact us at legal@camistry.io.
    • No Child Pornography. For the purpose of these Terms, “Child Pornography” includes, but is not limited to (i) any materials showing a person under the Age of Majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the Age of Majority; and, (iii) discussion of child pornography or child exploitation. Child Pornography and the exploitation of children is a serious crime. All Community Members are strictly prohibited from using the Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion exploitative of a person below the Age of Majority, including by way of role play. If you see anything on the Platform that violates this provision or seems questionable, report it immediately to us at legal@camistry.io. We will immediately investigate any claim and take the appropriate action. IF YOU ARE SEEKING OR HAVE AN INTEREST IN ANY TYPE OF PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. YOU WILL BE BANNED FOR EVEN DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY. FURTHER YOU WILL ALSO BE BANNED FROM THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT FOR DISCUSSING OR ARRANGING TO DISCUSS MINORS ON ANOTHER PLATFORM. SIMPLY PUT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING EVEN JUST ROLE PLAY, ARE NOT WELCOME TO USE THE PLATFORM AND WILL BE DEALT WITH IN THE HARSHEST MANNER POSSIBLE.
    • Section 230 of the Communications Decency Act. The Platform is a Community Member-driven interactive platform with content provided by Independent Broadcasters, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Platform by Community Members. As such, we are not liable for content published by Community Members. As we operate an online platform and we are not in the business of producing or presenting cam broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Community Members, to comply with applicable law, and the continued operation of the Platform.
  3. YOUR ACCOUNT AND GENERAL TERMS APPLICABLE TO ALL USERS
    • Member Account and Password. In order to access the non-public portions of the Platform, you must create an account (your “Account“). In creating an Account, you will be prompted to create a username and password and, if you wish to become an Independent Broadcaster, you will be required to enter certain personally identifiable information. In order to take advantage of some of the pay features available through the Platform, you will be prompted to input a payment method. As noted in our Privacy Policy, this information is received and held by a third-party payment processor who, subject to their terms, will store your payment information for future use through the Platform. You may not choose a username that may falsely represent you as someone else or a name that may otherwise be in violation of the rights of any other individual or entity. We reserve the right to disallow the use of usernames or cancel, at any time, the membership of any Community Member who uses their selected username in violation of these Terms or in any other way we deem inappropriate in our sole discretion. You are solely responsible for any and all activities conducted and purchases made through your Account. It is important to note that, while we do not require that you provide an email address to create an Account, choosing not to provide an email address limits the support we can provide in connection with your Account as we are unable to verify you are the Account holder.
      1. Shared Accounts. With respect to Accounts which have more than one age-verified user, the person in control of the Account is deemed to be the person whose email address is associated with the Account, unless there is payee information associated with the Account, in which case the payee is deemed to be the person in control of the Account. Material changes to Accounts may only be made at the request of the person deemed to be in control of the account. Material changes include changes to the email address associated with the Account, changes to payee information, and changes to two-factor authentication settings. You understand and agree that the person deemed to be in control of any such Account will have full access to and control over all information associated with the Account, including all information collected on such Account. For more information about the information we collect, please see our Privacy Policy.
      2. Studio Accounts. Individuals who wish to create a studio account (a “Studio Account“) through the Platform must comply with our rules for setting up a Studio Account. If these rules are complied with, such Account will be considered a “Studio” on the Platform. For all Accounts under a Studio, the Studio is deemed the owner of all Accounts in such Studio Account (“Studio Sub-Accounts“). The followers, images, and data associated with all Studio Sub-Accounts may not be transferred away from or shared with another Account without the applicable Studio’s consent, absent what we may deem, in our sole and exclusive determination, to be extraordinary circumstances.
    • Security of your Account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, including without limitation any unauthorized access to the Platform caused by you, including access which may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Platform and deactivation of your Account. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Platform. We highly encourage all Community Members to turn on two-factor authentication to ensure the security of their Account.
    • License to Access the Platform. You are granted a limited, non-exclusive license to access and use the Platform for your own personal enjoyment. You may not, download, reproduce, sell, rent, perform, or link to any content made available through the Platform, except as expressly permitted by the Community Member and/or Independent Broadcaster, as appropriate, responsible for such content or otherwise as permitted by the rules of the Platform.
    • Solicitations. Although we do not control Independent Broadcasters and other users’ use of the Platform, you may not use the Platform to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Independent Broadcasters and other Community Members are free to cam on other sites, you may not use the Platform to solicit any Community Member to utilize another product, site, or service that delivers live-streaming content.
    • Billing. Community Members may elect to put money on deposit with the Platform which will be converted to tokens which tokens may only be used through the Platform as the applicable Community Member elects, including for use to tip Independent Broadcasters. By tipping tokens through the Platform, you agree that all token tips are intended as a gratuity and all tips are final when sent. In the event that we receive a complaint about a tip after it has been sent, we may, at our election and with no obligation to do so, send the complaint to the other party for the other party’s response regarding the complaint. You are prohibited from providing “tips” for the performance of specific acts. Requesting or demanding specific acts for tips may result in a ban from the Platform for all parties involved. Independent Broadcasters are prohibited from requesting any type of off-Platform payments; provided, however, the Platform may, from time to time, permit Independent Broadcasters to post links to wish lists. Community Members who determine to stream and/or upload video or photo content but have not provided age verification documentation (referred to herein as “Exhibitionists“) are not Independent Broadcasters and are not eligible to receive tips. Your chosen payment method will only be billed as you specifically request. Unless otherwise specifically provided in writing, you will not be billed for the same purchase on a recurring basis. By providing your payment information, you expressly consent to the use of third-party payment processors to facilitate any and all transactions you may elect to make through the Platform. It is your sole responsibility to make sure that your billing information is up to date. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Community Members based upon a variety of factors including, without limitation, length of membership to the Platform, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms. Community Members may withdraw unused moneys on deposit with the Platform by contacting customer support, less amounts charged by third parties in connection with the initial and refund transactions.
    • Videos and Images Offered by Community Members. Community Members, including Independent Broadcasters, may create or otherwise make available video, photo, or other content containing content and intellectual property that they own or have a license to use (“Member Content”). In making available Member Content, you agree that once a Community Member acquires that content in the Community Member’s Account on the Platform you have granted to that Community Member, and represent that you have the right to grant, a perpetual, irrevocable license to access and view such content through the Platform. With respect to any Member Content that you elect to acquire through the Platform you acknowledge and agree as follows: (i) that we are neither the creator nor source of the Member Content; (ii) that we simply offer a platform for Community Members to create and share Member Content with other Community Members; (iii) the Community Member who posted the applicable Member Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Member Content; (iv) your purchase or use of any Member Content is solely at your own risk; and (v) you forever release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to Member Content. We have the absolute right to remove any Member Content that we believe, in our sole discretion, may violate any law or these Terms. In the event that you provide tokens to an Independent Broadcaster in connection with obtaining Member Content, you agree that these tokens are provided as a gratuity notwithstanding any request from the applicable Independent Broadcaster; and, you further understand that such tokens will not be refunded for any reason.
    • Private Shows. All Independent Broadcasters acknowledge and agree they are aware that all private shows are recorded by default and such recordings are provided to the applicable Community Member(s) who purchased such private shows; provided, however, that Independent Broadcasters can disable this recording option at any time in account settings. Independent Broadcasters acknowledge and agree that all recordings of private shows are considered Member Content and that upon delivery of the recording to the purchasing Community Member(s), such Community Member(s) will have acquired from the applicable Independent Broadcaster a perpetual, irrevocable license to view and access such recording through the Platform.
    • Fan Clubs. Independent Broadcasters have the ability to create and administer a fan club through the Platform provided that Independent Broadcasters’ account is in good standing and Company has not limited or removed the fan club functionality. Should an Independent Broadcaster elect to start a fan club, the Independent Broadcaster will choose a monthly fee that other Community Members must pay to be members of the Independent Broadcaster’s fan club. You understand and agree that in purchasing a membership to an Independent Broadcaster’s fan club, such purchase will automatically renew, and you will be automatically rebilled for such purchase, on a monthly basis until such time as you cancel such fan club membership. Updates and what, if anything, is included in any such membership will be in the sole control and determination of the applicable Independent Broadcaster. For the avoidance of doubt, in the event that you are an Independent Broadcaster and offer a fan club, you agree that you have the unrestricted right to offer and/or provide any content you may post to Community Members who join your fan club is subject in all respects to these Terms and our policies. In the event that one or more members of an Independent Broadcaster’s fan club request a refund from us, or institute a chargeback with our payment processor, we reserve the right to assess a chargeback fee to such Independent Broadcaster’s Account and/or suspend the Independent Broadcaster’s ability to maintain a fan club through the Platform. We reserve the right to rescind any Independent Broadcaster’s permission to maintain a fan club for any or no reason at all.
    • Warning Regarding Streaming Content. The Platform provides functionality allowing Community Members to stream/broadcast using their webcams. It is possible that other Community Members might, without your permission, unlawfully record, make copies of, store, re-broadcast, distribute, publish or otherwise share your broadcast online or through other media forms. You assume all risk for your broadcasts and hereby release and agree to indemnify and hold us harmless and defend us for all actions arising out of such activities, including without limitation invasion of privacy, defamation, and/or intellectual property infringement. As noted in our Privacy Policy, all information and content you determine to share or stream through the Platform, including in “private” and/or password protected situations, is considered public information.
    • Use of Information on the Platform. As noted in our Privacy Policy, we cannot ensure the security or privacy of information (including, without limitation, text, images, NFT’s and videos) you provide or share through the Platform. We are not responsible for, and cannot control, the use of any information, by anyone, that you provide or make available to other parties through the Platform. Use caution in deciding what personal information you share with others through the Platform. We cannot assume any responsibility for the content of any message sent by any Community Member on the Platform. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users.
    • Public Information/Caution in Sharing Information. As noted in our Privacy Policy, all information and/or content you choose to post and/or share through your profile on the Platform, through chat (including private chat or “direct message”), and all content you stream or otherwise share through the Platform is considered public information. You agree to limit the information you share through the Platform keeping in mind we cannot control the use of such information by those with whom you share your information.
    • On- or Off-Platform Interactions/Meetings. We do not recommend or condone any form of interaction between Community Members outside of the Platform and, as disclosed elsewhere in these Terms, your use of and interactions through the Platform are done at your own risk. Use of the Platform to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your Account to immediate termination. If you elect to legally interact with any Community Member outside of the Platform, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Platform. We cannot and will not intervene in any matters or disputes which take place outside of the Platform including with respect to situations where we are provided third party screen captures or records as we cannot verify such screen captures or records. In the event that you determine to communicate with another Community Member outside of the Platform despite these cautions, you should, at a minimum, consider the following precautions:
      1. Anyone who is able to commit identity theft can also falsify a user profile.
      2. There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
      3. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
      4. If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
      5. All the money and gifts you send to other users, whether directly or indirectly, through the Platform or outside of the Platform, is done at your own risk. We will not intervene or become involved in any dispute between Community Members.
    • Contests. From time to time, we may permit certain contests for participation by Community Members and Independent Broadcasters. The general rules for our contests are located in our general contest rules in Appendix A to these Terms which appendix is incorporated by reference herein.
    • Your Privacy Rights. When you use the Platform, we collect and process certain personally identifiable and other data about you. Our use of this information is governed by our Privacy & Cookies Policy, which is incorporated by reference herein. You are encouraged to read this policy as it contains important information on how we collect and use this information and your rights regarding the same. Additionally, the Platform utilizes cookies and certain technology that tracks usage, performance and your geographic location which are more fully described in our Privacy & Cookies Policy.
    • Termination.
      1. By You. You may terminate your Account and/or any of your memberships at any time by visiting our cancellation page or contacting our customer support. You agree to be personally liable for any and all charges incurred by your Account, username, and password until terminated as provided herein. If you are an Independent Broadcaster and determine to terminate your Account, any tokens remaining in your Account at the time of termination will be disbursed to the payment information on file for your Account on our next payout date. If you are not an Independent Broadcaster and determine to terminate your Account with money on deposit in your Account for use as tokens, such amounts can be withdrawn by you subject to any third-party costs associated with processing your deposit and withdrawal. Upon our processing of your request to terminate your Account, you will no longer have access to the non-public areas of the Platform nor will you have access to any Member Content in your Account.
      2. By Us. We may, in our sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any activity which we believe, in our sole discretion, to possibly be illegal, fraudulent, abusive, or in violation of our community standards, or our rules, may be grounds for termination of your access to all or part of the Platform at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
      3. Effect of Termination. You accept that when you cancel your Account you will be automatically locked out of the Platform, and will no longer be able to access your Account, including any and all Member Content. You also agree and accept that upon termination of your Account, we have no obligation to maintain or store any content, mail or other materials connected to or in your Account and that such information may be irretrievable.
    • Representations by Community Members
      1. You represent and warrant the following:
        1. You are familiar with the laws in your area that may affect your legal right to access or transmit erotica or adult-oriented material and, by your accessing the site, you are representing and warranting that you are not prohibited by law from accessing or using the Platform or transmitting in any way any adult-oriented material.
        2. You are not a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal.
        3. You are voluntarily choosing to proceed with your use of the Platform because you want to view, read, or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education.
        4. You are familiar with the standards in your community regarding acceptance of sexually-oriented materials, and the materials you expect to encounter through use of the Platform are within your community standards. Should the content you encounter through the Platform not meet your community standards, you will immediately cease use of the Platform.
        5. You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material
        6. You will not violate any civil or other rights of any other Community Member or any third party.
        7. Any content that you upload or stream will be your original work and not infringe the intellectual property rights of any third-party.
      2. You agree that:
        1. You will follow all applicable laws governing your use of the Platform; and
        2. You will not violate any provision of these Terms.
    • Community Member Indemnities. An indemnity is your obligation to cover us for certain losses, whether monetary or otherwise relating to or arising out of certain actions by you. This section creates an obligation on your part to protect us in these instances and is a material inducement on our part to provide the Platform. You hereby agree to indemnify us for any and all claims and losses, whether actual or threatened, including without limitation, our reasonable attorneys’ fees and costs, with respect to any claim relating to or arising out of your use of the Platform that violates these Terms or any applicable law. Again, if you do not agree to these Terms, you may not access or use the Platform and should immediately exit the Platform.
  4. CONTENT
    • Obligations Under 18 U.S.C. §2257. You should be aware that, pursuant to United States federal law, any visual depictions that you post, share or perform on or through the Platform which portray “actual sexually explicit conduct”, “depictions of the genitals or pubic area”, or “simulated sexually explicit activity”, as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require that you maintain the records listed under 18 U.S.C. §2257, and any such postings must contain a “18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of federal law.
    • Content Submitted to the Platform. All materials submitted and/or streamed by Community Members through the Platform, including Member Content, and created by such Community Member (“Community Member Content“) is and shall remain the property of the Community Member or Independent Broadcaster who created it. Community Member Content shall also include any chats, or other materials that are transmitted through the Platform when you use the Platform. When you broadcast or upload Community Member Content to the Platform, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and perform the Community Member Content in connection with delivering the Platform and for marketing and advertising the availability of the Platform in any media format we choose. You also expressly provide that each Community Member shall have a license to use the Community Member Content under the terms of Section III(c) of these Terms. You will not submit content that you did not create, own, or to which you do not have the legal right to submit. This restriction includes the submission of any third-party content. Community Member Content will comply with these Terms and the Code of Conduct. All Community Member Content must also comply with our “Content Submission Guidelines” in our Code of Conduct located at Appendix C and which are incorporated by reference herein. You represent and warrant that all Community Member Content is your content and does not infringe upon the intellectual property rights of any third-party. You will indemnify and hold us harmless for any and all losses, damages or costs relating to or arising out of a claim that your Community Member Content infringes the intellectual property rights of any third-party.
    • Deleting Community Member Content. You may request that we delete Community Member Content submitted by you by contacting us at support@camistry.io. We may retain copies of the Community Member Content but will not make them available through the Platform after we have processed your request. Your license to us in any comments, texts, chats or other Community Member Content (used in published advertising) is not revocable. As noted elsewhere in these Terms, your Community Member Content, if acquired through the Platform by another Community Member, will be deleted from your Account per your request; however, any Community Member Content acquired by other Community Members prior to the date of your request for deletion of such Community Member Content will remain in the Accounts of such Community Members. Moreover, you understand that, although we may delete Community Member Content, one or more other Community Members may have copies of or notes regarding such content and we are unable to delete such copies or notes.
    • No Endorsement for Community Member Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any Community Member Content streamed or otherwise shared through the Platform by any Community Member or Independent Broadcaster; and, we hereby disclaim any and all liability with respect to Community Member Content. We do not permit any copyright infringing activities or any Community Member Content that infringes on our intellectual property rights or those of any party or third party. We will remove any Community Member Content where we are properly notified of such infringement as set forth below. We may remove any such Community Member Content without any notice. Our means of identifying Community Member Content that may infringe upon a third party’s rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For Community Member Content which is offensive or which you believe is illegal, notify us at support@camistry.io. For infringing content, please follow the procedures in paragraphs “f” and “g” below.
    • Repeat Infringer. We have and enforce a repeat infringer policy. We will terminate the Accounts of any Community Member and/or Independent Broadcaster who is determined to be a repeat infringer.
    • Infringement and the DMCA. We respect the creative efforts of Community Members and non-community members and have no tolerance for anyone’s use of a third party’s intellectual property without such third party’s express permission. If you are a copyright owner and believe that your work has been copied or in any way distributed or shared through someone’s use of the Platform in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Platform’s Designated Copyright Agent the following information:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. a description of where on the Platform the material that you claim is infringing is located;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
    • Send your Notice of Claimed Infringement to:vl 1, Brisbane Club Tower, 241 Adelaide Street Brisbane Queensland 4000 Australia
    • Email: support@camistry.ioDo not send other inquires or information (other than Notices of Infringement) to our Designated Agent. Any other inquiries should be sent to support@camistry.io .
    • Infringement Counter-Notice. If your Community Member Content was removed (or access to such Community Member Content was disabled), and your Community Member Content is not infringing, or if you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Community Member Content, you may provide a counter-notice containing the following information to the DMCA Agent listed above:
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the the country of Panama, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
      5. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
  5. CODE OF CONDUCT
    • Code of Conduct. You understand that we do not create or publish content. Instead, we provide a platform to provide others with the ability to share their own content which they have all rights and permissions to share. We work to implement only minimal rules intended to respect the rights of others and comply with applicable law, and so that the Platform remains a safe location for Community Members to express themselves. These community rules are guidelines for what is permissible through the Platform and are subject to change. Please review our “Code of Conduct” located at Appendix C which is hereby incorporated by reference and made a part of these Terms.
  6. PROMOTION OF THE PLATFORM
    • Registered users of the Platform may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered user referred to the Platform. For more information, please see Appendix B, which is hereby incorporated by reference and made a part of these Terms.
  7. MISCELLANEOUS
    • Links to Other Sites. The Platform may contain links, posted by us or by one or more Community Members, to other websites operated by independent third parties. These websites are not operated by us and we are not responsible for any content or links they provide. Our linking to any third-party sites is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such site. When you access a link to another site, you are leaving the Platform and accessing the third-party site at your own risk. Other sites sites will have their own terms, privacy policies and procedures and may contain malicious or destructive code, viruses, malware and other tracking cookies. You should ensure that your device is adequately protected. WE SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR YOUR ACCESSING ANY THIRD PARTY LINKED SITES. Community members may not post links (or references to links or third party sites generally) in their room subject or as their location in their bio pages. We reserve the right to further restrict where links may be shared and to which third party websites you may link or reference.
    • Proprietary Information. Elements of the Platform contain proprietary or confidential information that belongs to us. We assert full copyright protection in the Platform, including all of the design and code embodied therein. Any information shared or posted by us or by Community Members may be protected whether or not it is identified as proprietary to us or to the sharing Community Member. You will not modify, copy, or distribute any information on the Platform without the express written permission of the owner of such information and may not use any automated means to scrape, download or otherwise collect any data or content from the Platform including, without limitation, robots/bots, crawlers, or data mining tools.
    • Disclaimer of Warranties. The Platform is provided on an “as is” and “as available” basis. We do not warrant that the Platform will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Platform. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Platform by us or by any Community Member or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. The site may contain errors, omissions or other outdated information. We reserve the right to correct these errors. If you have any questions, or believe you have encountered any type of error, please contact us at support@camistry.io.
    • LIMITATION OF LIABILITY. WHEN PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU WILL NOT EXCEED, IN THE AGGREGATE, THE LESS OF ANY UNUSED PORTION OF THE VIRTUAL MONEY YOU PURCHASED (BUT ONLY IF WE DISCONTINUE THE USE OF VIRTUAL CURRENCY, OR IF YOU VOLUNTARILY CANCELLED YOUR ACCOUNT), OR THE SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
    • Complaints. To resolve or report a complaint regarding the Platform or other Community Members, send an email detailing your complaint to support@camistry.io. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
    • Choice of Law. You agree that these Terms are governed by the laws of the Country of Panama, without regard to its choice of law provisions.
    • Arbitration. You hereby agree that, if we become involved in any dispute relating to or arising out of your use of the Platform, any such claims, including any private attorney-general representative claims, will be resolved by binding individual arbitration and not in court. There is no judge or jury in arbitration proceedings, and awards made by an arbitrator are not generally appealable in court except in rare circumstances. Arbitrators can, however, award damages on an individual basis identical to what can be awarded by a judge. An arbitrator hearing a claim is obligated to follow these Terms as a judge in a regular court proceeding would be. The United States Federal Arbitration Act and United States federal arbitration law apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at support@camistry.io. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Supplementary Procedures for Consumer-Related Disputes, and the Federal Arbitration Act. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Payment and fees for the arbitration are governed by the AAA rules. We will reimburse the arbitration filing fees for claims less than $1,000 except where the claims are ruled to be frivolous. The arbitration will be held in Los Angeles County, California. Neither party will be entitled to an award of its attorneys’ fees or costs incurred in arbitration, except where the court has ruled that the other party’s claim is frivolous.
      Regardless of where you reside, to the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
    • Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.
    • Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

 

APPENDIX A TO THE GENERAL TERMS OF SERVICE

GENERAL ELIGIBILITY RULES FOR CAMISTRY CONTESTS

Any undefined terms in this Appendix shall have the meaning given to them in the Terms

From time to time we may offer the opportunity for you to participate in contests that shall be administered through the Platform. While the general rules that apply to all contests are presented below, the particular details of any currently running contest can be found on our contest rules page.

  1. Entry and Eligibility. Unless otherwise noted in the rules applicable to a specific contest, entry will be limited to Community Members who maintain an age-verified account on the Platform. All registered users of the Platform shall be eligible to participate in any contest, provided that they have complied with the Terms, and provided that such contest is not prohibited in their home jurisdiction. All contests shall be void where prohibited. You will receive notices from us regarding each individual contest and any applicable rules and privacy choices. You may elect to enter such contests at your discretion and may change your mind by sending an email to info@camistry.io.
  2. Contest Periods. Each contest shall have a posted beginning date. An end date may be provided as soon as practicable after determination but is not required. Each contest shall run for a period of time that begins on the posted beginning date and ends on the posted end date, if any.
  3. Conduct. By participating in any contest run on the Platform, you demonstrate your agreement to comply with and be bound by our decisions regarding such contest, which shall be final and binding in all respects. We reserve the right in our sole discretion to disqualify any entrant in any contest who we deem to be: (i) tampering or attempting to tamper with the entry process or the operation of a contest; (ii) violating the Terms or any contest rules; or (iii) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the contest by any entrant concerning identity, postal address, or non-compliance with any contest rules may result in the immediate disqualification of an entrant from any contest. We further reserve the right to disqualify any entry that we believe, in our sole discretion, infringes upon any third-party right, violates any law, or otherwise does not comply with these Terms or any contest rule.
  4. Prizes. The rules of each contest shall set forth the prizes to be awarded. In the event that there are multiple prizes offered for a particular contest, but there are an insufficient number of eligible entrants in that contest, not all prizes will be awarded. If a winner is not able for whatever reason to accept the prize, we reserve the right to not award the prize or to award the prize to another entrant.
  5. Claiming Cash Prizes. In the event that cash prizes are awarded for any contest, no potential prize winner shall be entitled to receive payment, nor shall the Company be liable for any such payment, unless and until the total amount of unclaimed funds associated with your account exceeds Fifty Dollars (USD $50.00). In order to receive cash prizes, potential prize winners will be required to complete a claim form, which will include submission of that person’s legal name, a copy of their government-issued photo identification, mailing address, birth date, telephone number, social security number and a selection of a preferred payment method. Claim forms are processed once per month, and claimed cash prizes will be sent using each potential prize winner’s chosen payment method on or before the seventh day of the month following receipt of the processed claim form. In addition, depending on the amount of prize winnings claimed, potential prize winners may be required to sign, notarize and return an affidavit or declaration of eligibility, a liability release, IRS Form W-9 and/or provide any additional information that may be required by the Company. Failure to provide any requested information may result in disqualification and selection of an alternate winner.
  6. No Recourse to Judicial or Other Procedures. To the extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with any contest are hereby excluded, and you expressly waive any and all such rights. Contests are subject to the dispute resolution procedures outlined in the Terms, of which these rules are a part.
  7. General Conditions. All contests are governed by the country of Panama. All federal, state and local laws and regulations apply. By participating in any contest, you agree to be bound by the contest rules and by our decisions, which are final and binding on all matters pertaining to that contest. We are not responsible for any typographical or other error in the administration of any contest or in the announcement of any prizes.

 

APPENDIX B TO THE TERMS AND CONDITIONS OF SERVICE

AFFILIATE AND REFERRAL TERMS

Any undefined terms in this Appendix shall have the meaning given to them in the Terms

  1. License to Promotional Items. All Community Members who are currently in compliance with the Terms are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Platform’s name, access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by the Company in writing (“Promotional Items“), for use on site(s) or accounts owned by such Community Members (“Referral Sites“). The Promotional Items are licensed to eligible Community Members for the limited purposes of advertising, marketing and promoting the Platform. Any and all licenses granted to Community Members pursuant to the Terms shall immediately cease and revert to us upon the termination or cancellation of the Term. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the Terms and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Company and/or the Company’s licensor(s).
  2. Keywords; Domain Names. Notwithstanding the foregoing license to use the names of the Platform in connection with referring traffic to the Platform, you are not, as a part of this license, permitted to (i) bid on, purchase or otherwise register/use “Camistry,” “Camistry.io,” or any other similar spelling, or use same in connection with the words “Official,” “Officially” or “Official Site” as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; use the Platform name in association with any similar or competing website or service; or (ii) register any domain name which incorporates or is a “misspelling” or variation of “Camistry.” You agree that in the event you violate any part of this section of the Terms, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to the Company as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible Community Members will be permitted to use any website domain name they choose in connection with promoting the Platform, so long as such website domain name(s) registered does not infringe on our or any third party’s intellectual property rights, or defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
  3. Restrictions. You are prohibited from using any images, videos, text, script(s), applications, logos and functional elements appearing on a Referral Sites, to which you do not have all legal rights, free from any and all encumbrances and third-party claims. For the avoidance of doubt, our provision of live content through the Platform’s affiliate API, iFrames, or any other means only authorizes you to use such live content for promotion of Independent Broadcasters who are currently online and broadcasting and does not provide you with the right to store the provided content for display after the Independent Broadcasters who created such content have ended their live stream of such content on the Platform. You acknowledge and understand that you should only store an Independent Broadcaster’s content, for promotion of the Platform or otherwise, if you have express permission to do so directly from such Independent Broadcaster. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Platform. You understand and agree that if you advertise on any service or provider that does not permit such advertising, your account will be terminated without notice and without payment or liability. Furthermore, you acknowledge and agree that we may, at any time, review the contents of any Referral Site and disapprove of any material thereon that might, in our sole discretion, reflect negatively upon the Platform. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.
  4. No Cam Clip Sites. We do not permit promotion of the Platform through a Cam Clip Site. As used herein, a “Cam Clip Site” shall mean any website comprised substantially of video clips recorded from live cam shows, whether recorded from the Platform or one of the Platform’s competitors, even if you have permission to use such video clips from all parties who might claim an exclusive right to the video clips.
  5. No Email or Telephone Marketing. We do not permit promotion of the Platform by email or telephone marketing, including by way of example, through use of SMS or MMS. You acknowledge and agree that any email or telephone marketing by you will be grounds for immediate termination of your account without payment.
  6. Compliance with Applicable Laws and Data Privacy Regulations. You will comply with all applicable laws in your jurisdiction and those jurisdictions in which you are providing marketing activity. Compliance includes without limitation, your adherence to all email marketing, consumer protection and data privacy laws applicable to your activities. You will indemnify us for all claims, losses and liabilities relating to or arising out of your violation of this section.
  7. User Referral Link. Community Members may be assigned one or more unique URLs (each a “User Referral Link“) that must be used when referring new users in order to connect such new users to the Community Member who referred them. Your User Referral Links can be found on the “My Profile” page under the “Share” tab. You acknowledge and agree that we are not obligated to pay any commissions to you for any new user signups or spending that did not directly result from clicking on your User Referral Links.
  8. Commissions on User Spending. In order to receive commissions in connection with users referred by you, you must first provide age verification documentation to show that you are at least the Age of Majority. The Company will compensate eligible Community Members, subject to the terms of this Appendix B in all respects, a commission for certain types of referrals generated by such eligible Community Members, as set forth in further detail below:
    1. Definition of Adjusted Gross Receipts. As used herein, “Adjusted Gross Receipts” means gross payments received from a subject user, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such subject user by us to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to the subject user.
    2. Paying User Referrals. As used herein, a “Referred User” means an Internet user who creates a new Camistry user account as a result of clicking an existing Community Member’s User Referral Link but not as a result of being encouraged, directed, or in any way assisted, directly or indirectly, to create a new account in order to redirect amounts which may be owed to another Community Member. Eligible Community Members will receive a commission at the discretion of the Camistry team of Adjusted Gross Receipts paid by each of their Referred Users to the Platform. A Referred User will not include any user who was previously banned from the Platform and who is attempting to access it using different credentials.
    3. Paying Sub-Referrals. Eligible Community Members may receive a commission up to 10% of the amount of commissions paid to their Referred Users for payments received from Internet users who create new Camistry User accounts using the Referred user’s User Referral Link.
    4. Performing User Referrals. As used herein, a “Referred Independent Broadcaster” means an internet user who creates a new user account by clicking on an existing Community Member’s User Referral Link and who verifies the account for purposes of collecting payment by completing the Platform’s age verification process. Eligible Community Members may receive a one-time Fifty Dollar (USD $50.00) commission for each of their Referred Independent Broadcasters who subsequently earns a minimum amount that we will establish, from time to time, in our sole discretion. Studio accounts are not eligible for model referral commissions.We reserve the right to modify these amounts at any time without further notice to you.
  9. Commissions on Number of Signups; Countries and Tiers. Certain Community Members may be eligible for commissions based on the number of Internet users who create an account with the Platform after being referred by a current Camistry Community Member. The amount of commission will depend upon the country in which the referred Internet user resides, as described more fully below. As applicable, an equivalent commission of One U.S. Dollar (US $1.00) may be paid for Referred Users from a Tier 1 country, Ten U.S. Cents (US $0.10) for Referred Users from a Tier 2 country, and One U.S. Cent (US $0.01) for Referred Users from a Tier 3 country.We reserve the right to modify these amounts at any time without further notice to you.
    1. No commission will be paid for a Referred User residing in a country not found in Tier 1, Tier 2, or Tier 3 below.
    2. The following countries have been assigned to their respective Tiers as indicated below. We reserve the right to modify the countries belonging to each tier at any time without further notice to you.
      1. Tier 1: Netherlands Antilles; Austria; Australia; Belgium; Canada; Switzerland; Germany; Denmark; Finland; Falkland Islands (Malvinas); Faroe Islands; France; United Kingdom; Guernsey; Gibraltar; Greenland; Ireland; Iceland; Jersey; Japan; Liechtenstein; Luxembourg; Netherlands; Norway; New Zealand; Qatar; Sweden; Singapore; San Marino; United States Minor Outlying Islands; United States; United States Virgin Islands
      2. Tier 2: United Arab Emirates; Aruba; Brunei Darussalam; Brazil; the Bahamas; Cyprus; Spain; Equatorial Guinea; Greece; Hong Kong; Israel; Isle of Man; Italy; South Korea; Kuwait; Cayman Islands; Macau Macao; French Polynesia; Puerto Rico; Portugal; Slovenia; British Virgin Islands
      3. Tier 3: Antigua and Barbuda; Anguilla; Barbados; Bahrain; Cook Islands; Chile; Czech Republic; Estonia; Guam; Croatia; Hungary; Saint Kitts and Nevis; Lebanon; Lithuania; Latvia; Northern Mariana Islands; Malta; Mexico; New Caledonia; Oman; Poland; Russian Federation; Saudi Arabia; Seychelles; Slovakia; Turkey; Trinidad and Tobago; Taiwan; Uruguay; Venezuela, Bolivarian Republic of
  10. Commission Payouts. Periods for eligible Community Members to accumulate commissions run from the 1st through the 15th and the 16th through the 31st day of each month. Commission payments will be made to eligible Community Members within seven days after each period is closed. In the event that you accumulate a commission, you will not be entitled to receive payment, nor shall the Company be liable for any such payment, unless and until the total amount of accumulated funds associated with your account exceeds equivalent of Fifty U.S. Dollars (USD $50.00). In order to receive cash commissions, you may be required to complete a one-time claim form, which might include submission of your legal name, a copy of your government-issued photo identification, mailing address, birth date, telephone number, social security number and a selection of a preferred payment method. In addition, depending on the amount of commissions accumulated, you might be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability release, an IRS Form W-9 and provide any additional information as may be required by the Company. Failure to provide any requested information may result in forfeiture of any unpaid commissions. We reserve the right to charge a $10.00 payment reissue fee for replacing lost or misplaced payments that had previously been issued; this fee is assessed at time of reissue.
  11. Invalid Referrals. You acknowledge and agree that you shall not be entitled to any compensation from the Company for any referral if the Company determines or believes, in the Company’s sole discretion, that such referral is the result of possibly fraudulent activity or any violation of this Appendix B or any other part of the Terms.
  12. CALIFORNIA-BASED COMMUNITY MEMBERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF CALIFORNIA ASSEMBLY BILL 5 (“AB5”) AND ITS REQUIREMENTS FOR CLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS. GIVEN THAT YOU, IN PROMOTING THE PLATFORM, ARE ENGAGED IN AN INDEPENDENT BUSINESS SEPARATE FROM COMPANY’S CORE BUSINESS OF OPERATING A SOFTWARE PLATFORM, ARE AT ALL TIMES FREE FROM THE COMPANY’S CONTROL IN PROMOTING THE PLATFORM (SUBJECT ONLY TO THE RULES AND STANDARDS IN PLACE TO ENSURE COMPLIANCE WITH LAW), AND ARE AT ALL TIMES FREE TO PROMOTE OTHER WEBSITES OR PLATFORMS, YOU AGREE THAT, UNDER THE CRITERIA OF AB5, YOU ARE NOT AN EMPLOYEE OF THE COMPANY AND AFFIRMATIVELY STATE THAT IT IS YOUR PREFERENCE TO BE CLASSIFIED AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE COMPANY.

 

APPENDIX C TO THE TERMS AND CONDITIONS OF SERVICE

CODE OF CONDUCT

This code of conduct (this “Code of Conduct”) forms an essential part of the Term and Conditions of Service (the “Terms”). Any undefined terms in this Code of Conduct shall have the meaning given to them in the Terms. By using the Platform, you agree to abide by and be bound by this Code of Conduct. Any breach by you of this Code of Conduct is a material breach of the Terms and can result in your immediate account suspension or termination, a lifetime ban from the Platform and other potential civil and criminal legal action depending on the nature of your violation.

 

Privacy & Cookies Policy

This Privacy & Cookies Policy (the “Policy”) dated December 31, 2019 replaces all previous policies. Please take the time to review before you continue to use our products and services.

This Policy applies to any information you provide to us, including through this website, our mobile apps, communications by email and through social media, by telephone and in person. It also covers any information we receive from third parties.

By using our products and services, including browsing our websites, registering or logging in, you agree we may use your information as outlined in this Policy. If you do not wish to have your information used in line with this Policy, you must not use our products and services and not otherwise provide us with your information.

About us

Camistry, LLC operates the software platform located on Camistry (the “Platform”).

Information we may collect and process about you

How we may use your information

By accessing the Platform, you agree that we may collect, hold, use or otherwise process your information (including personal information) for the purpose of providing you with those products and services you request or access, and developing our business. By providing us with your email address, you agree to receive emails from us or sent on our behalf providing you with messages regarding your account including, but not limited to, purchase confirmations, renewal confirmations and warnings, alerts you may have requested to receive including alerts regarding other user’s streaming broadcasts or content submissions), and newsletters. Should you determine to provide an email address, you may change your email address at any time.

Payment Processing

Please note that we contract with various third parties to carry out payment processing in connection with any purchases you may make through the Platform. The processing and storage of any and all information you may provide to any such third-party payment processor, including information they may collect from you, is not governed by this Policy. You will need to review the Privacy and Cookie Policy for such third party on their website.

Two Factor Authentication

When you enable two factor authentication to protect your account, you are providing your phone number directly to a third party. Their use of this information is outside of this Policy; however they do not receive any information regarding your account beyond the phone number you provide directly to them.

Fraud Prevention Services

We use third-party services in connection with preventing fraud and other damage to our system. As such we may provide to such services with your IP and device data should your account be terminated for fraud or behavior which is damaging to our Platform. This information will be retained indefinitely for the protection of our Platform and users.

How we may use your information in specific products or services

Registration

General account registration: You are not required to provide any information to use the Platform. You may determine to create an account with the Platform. In such event you will be required to provide a user name, birthdate to demonstrate you meet our minimum age requirements, and your gender. This information, together with any information you determine to provide in your account profile, will be publicly posted in connection with your username.

Contributor registration: Should you determine to create a “Contributor” account (which is an account that is permitted to receive digital currency from other users of the Platform), you will be required to provide a color copy of your current government issued photo identification. This information is stored by us in compliance with United States Federal law. You may also be required to provide “pay to” information such as a bank account or home address. You may be required to provide certain taxpayer information. We report to the United States Internal Revenue Service all moneys paid by us to Independent Broadcasters as required by law.

Webmaster registration: Should you determine to create a webmaster account with the Platform, you will be required to provide “pay to” information such as a bank account or home address. You may be required to provide certain taxpayer information. We report to the United States Internal Revenue Service moneys paid by us to webmasters as required by law.

Message boards, blogs and other public forums

The Platform may provide message boards, blogs and other user generated content facilities, in addition to user profiles. Anything that you share through any of these means is deemed public information. You should always be careful when deciding to disclose your personal information.

Location based services

Where we provide services that utilize your device’s location, we may permit other users of the service to block individuals in certain locations, based upon their IP, from accessing such users’ content.

Certain Information Use Out of Our Control

Should you determine to stream or upload any content to our Platform, you understand that we cannot control the use of such content by any user/observer of our Platform. Furthermore, we cannot control the use of any personal information you may determine to share with other users/observers of the Platform. You should exercise caution in discussing your location, name, account information, and other identifying information. For privacy, we recommend using a unique username not in any way tied to any of your social media accounts or real name.

How we may share your information

Your username will be associated with all activities you undertake on the Platform including, without limitation, messages sent, content shared, and streamed content. Your gender information will be used to categorize your account and the content that you share so it is easier for site users to find. Your IP addresses, device data, and other use information are used by us in order to optimize the Platform for use. Your usage history may also be used to help our internal algorithm to recommend other Platform users to you. Your information may also be shared with third parties with whom we contract to provide certain services on our website such as third-party hosting services and site optimization services. Your “pay to” information, if provided to us, will be shared with third parties (such as, by way of example only, our bank) only as necessary to process payments to you using the “pay to” information you have provided to us. Your government identification, if provided to us, will be shared as required to comply with applicable law and as may be requested by you in writing. Notwithstanding the forgoing, we reserve the right to share any and all account information as we deem appropriate – in response to written request(s) from law enforcement or other third parties; should we believe, in our sole discretion, that you or your account may be involved with illegal activity; or, if we determine, in our sole discretion, that such disclosure is necessary to protect the rights or property of Camistry, our users, or third parties.

Safeguards and security for your information

We have measures in place to protect the security of your personal information from unauthorized access or use, such as by using encryption technology.

Information Deletion

Should you request your personal data be deleted, it will be deleted in compliance with our data retention policy and applicable law and rules. In order to avoid abuse of our system, we may retain device and IP data relating to your account for a period of time to prevent you from creating a new account. In the event that you have tokens in your account at the time you request deletion, by requesting deletion you are agreeing that these tokens are being forfeited by you to us and that you shall not be entitled to a transfer of or refund for such tokens.

You can request permanent deletion using our deletion tool here.

Cookies Policy

You should be aware that when you use the Site we may collect information using cookies or similar technologies.

What are cookies and how do they work?

Cookies are small files that are downloaded to your computer or mobile device when you visit a website. Your browser sends these cookies back to the website every time you visit the site again, so it can recognize you. This allows websites to tailor what you see on the screen.

Do we use other technologies which are similar to cookies?

Our websites, apps and emails often contain small invisible images known as ‘web beacons’ or ‘tracking pixels’. These are used in a way similar to cookies, to understand when a particular part of a webpage is viewed. Our apps often use device identifiers in the same way as cookies. A device identifier is a unique number on your device which allow us to remember your device.

What do we use cookies for?

Cookies make using websites much smoother and affect lots of the useful features of websites. There are many different uses for cookies, but they fall into four main groups:

  1. Cookies that are needed to provide the service you have asked for. Some cookies are essential so you can move around the website and use its features. Without these cookies, services you’ve asked for can’t be provided. These cookies gather information about you that can be used for remembering your browsing history or allowing you to stay logged in during your visit.
  2. Cookies used to improve your browsing experience. These cookies allow the website to remember choices you make, such as your language or region and they provide improved features such as content provider recommendations and limiting the number of times a particular advertisement is shown to you.
  3. Cookies used to understand how people use our products and services. This allows us to keep track of what pages are popular to help other users find such pages.
  4. Cookies used to show advertising that is relevant to you based upon your viewing history.

We also use cookies in order to know how many advertisements we serve, how many times these are clicked or hovered over with a mouse cursor, how many advertisements we show to a given user and how many customer actions these generate.

We may also use cookies on the Site and advertisers’ sites to understand which customers reach a sale or other action page on an advertiser’s site. This allows us to monitor how effective our advertising is.

Some of our web pages may contain promotional links to other companies’ sites. If you follow one of these links and then register with or buy something from that other site, a cookie is sometimes used to tell that other site that you came from one of our sites. Such other site may then pay us a small amount for the successful referral. You will need to review the privacy policy of any website whose advertisement you click on as this Policy only applies to pages on our domain.

Contacting us and accessing your personal information

If you have any queries or comments about this Privacy & Cookies Policy OR if you wish to review or receive a copy of the personal information we hold about you, please write to us at: support@camistry.io

Attention: Camistry Team, lvl 1, Brisbane Club Tower, 241 Adelaide Street Brisbane Queensland 4000 Australia

support@camistry.io

We reserve the right to charge an administration fee in relation to fulfilling a request for access to personal information which fee shall not exceed the maximum fee allowed by law.

Changes to this Privacy & Cookies Policy

We reserve the right to make changes to our Privacy & Cookies Policy. Changes to this policy will be posted here and will become effective as of the updated effective date. Your continued use of our website or platform will signify your acceptance of these changes.

Residents of the State of California.

Under the California Consumer Privacy Act, you have certain rights with respect to the personally identifying information you provide to us.

Copies of Your Personally Identifying Information.

For free, up to two times in any twelve-month period, you are entitled to obtain the following information for the immediately preceding twelve month period:

  1. The categories of information we have collected about you;
  2. The categories of sources of the information we have collected about you;
  3. The purpose for which we have collected such information about you;
  4. A copy of the personally identifying information we have collected about you; and,
  5. To be informed if we have sold or disclosed your personally identifying information to a third party and for what purpose.

In order to obtain a copy of this information with respect to your account, you may email or call using the following information.

Email address: support@camistry.io

For your privacy and protection, we will require certain information to confirm that it is you, the account holder, requesting the information. If there is no information associated with your account that we can verify, such as your email address or other information, we may be unable to complete your request. For your protection, responsive information will only be delivered to the email address assigned to the subject account. For an email address to be “assigned to an account” as used herein, it means the email address to which you receive account security notifications such as account recovery instructions; it does not mean the email address you may have provided in completing your Independent Broadcaster Agreement, if you completed an Independent Broadcaster Agreement.

 

 

 

Anti-money laundering and counter-terrorism financing (“AML/CTF”) policy

 

 

Policy Summary

Camistry is committed to conducting its business in accordance with all applicable laws and regulations, and in a way that enhances its reputation in the market. This policy records Camistry’s approach to the identification, mitigation and management of the risk that Camistry’s products and services might be involved in the facilitation of money laundering or the financing of terrorism.

 

  1. Description of money laundering and terrorism financing
  1. Objectives of Camistry’s AML/CTF policy

Camistry has established an AML/CTF policy which sets the core principles for the management of ML/TF risk. The policy is global in nature and outlines group-wide standards to meet regulatory and ethical obligations in the economies in which Camistry does business. This contributes to the stability, integrity and strength of the global financial system and protects Camistry from reputational damage and regulatory action. The Policy is subject to regular review to ensure it remains current with regulator expectations and industry standards.

  1. The core principles

Camistry has adopted the following core principles:

  1. Camistry opposes the crimes of money laundering and terrorist financing and maintains a framework to identify and mitigate the risk that its products and services could be used for such purposes.
  2. Camistry reports any activity that it detects which is suspicious and may involve potential money laundering or terrorism financing to the applicable regulator.

iii. Camistry will comply with the AML/CTF laws, rules and regulations of the countries that relate to AML/CTF where Camistry has permanent places of business through which Camistry provides services.

  1. Camistry will endeavor to provide its products and services only for legitimate purposes to models whose identities Camistry has been able to reasonably ascertain through a third party KYC provider.
  2. Camistry will take reasonable steps to ensure that sufficient funding and resources are available for the implementation and performance of activities required by Camistry’s AML/CTF Program.
  3. Camistry will monitor its models, their transactions, and its employees, consistent with the level of money laundering and terrorist financing risk they represent.

vii. Camistry will manage new and revised changes to Camistry’s products, business processes and systems to ensure that money laundering and terrorist financing risks are identified and managed

  1. Know your customer (“KYC”)

Camistry endeavours to follow all KYC policies and procedures relevant to the regions in which it operates. Applicable KYC policies and procedures to establish and verify the identity and bona fides of models will also be complied with. These will include:

  1. Model acceptance procedures that identify types of customers and transactions likely to pose a higher than average risk to Camistry and require a higher level of due diligence;
  2. Procedures to establish if models/consumers are known or suspected money launderers, terrorists or otherwise engaged in criminal activity (e.g. reviewing models against government/United Nations/regulators’ lists of proscribed

persons);

iii. Enhanced Due Diligence undertaken where a transaction or a counterparty results in a heightened level of financial crime or reputational risk

  1. A risk-based periodic review of existing customer records to maintain currency and completeness;
  2. Ongoing monitoring of transactions conducted by customers using a risk based approach;
  3. A clear statement on what records must be kept on customer identification and individual transactions and their retention period; and

vii Regular compliance reviews and independent audits of AML/CTF program and procedure documents and execution against established standards.

  1. Suspicious activity

Camistry’s staff are trained and models are made aware of “red flags”, or anything that is unusual or out of the ordinary when dealing with customers and customer related information. Camistry has the relevant procedures and processes in place to ensure that any genuinely suspicious matters are detected and escalated for review by senior management. Any suspicious activity should be reported to support@camistry.io

  1. Camistry’s AML/CTF training program

Camistry’s AML/CTF Program. All employees and models undergo initial AML/CTF training when they join Camistry. They are advised to report any suspicous activity to suppoort@camistry.io for review.

  1. Camistry’s record retention

Camistry’s Record Management Policy requires retention of records for as long as required by applicable laws, rules and regulations.