18 U.S.C. 2257 Statement
Any actual human beings depicted in images appearing on this website were over the age of 18 years at the time those images were recorded.
Exemption: Content Produced by Third Parties
The operators of this website are not the "producers" of any depictions of actual or simulated sexually explicit
conduct which may appear on this website. More specifically, the operators of this website limit their handling
of such content, and only perform the activities of transmission, storage, retrieval, hosting, and/or formatting of
material that may depict sexually explicit conduct, all of which material appears on the website as the result of
actions taken by third-party users of the website. All portions of the website that contain such user-generated
material are under the control of the relevant user, for whom this website is provided as an online service by its
operators. Pursuant to 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 delete materials appearing on the site as the result of actions taken by the website's users, which
materials are deemed, in the operator's sole discretion, to be indecent, obscene, defamatory, or inconsistent with the
policies and terms of service for this website.
Exemption: Content Produced by Website Operators
To the extent that any images appear on the website, for which the operators of this website may be considered the
producer, those images are exempt from the requirements of 18 U.S.C. 2257 and 28 C.F.R. 75 for one or more
of the following reasons: (i) the produced images do not portray any sexually explicit conduct defined in 18 U.S.C.
2256(2)(A); (ii) the produced images do not portray depictions of the genitals or pubic area created after July 27,
2006; (iii) the produced images do not portray simulated sexually explicit activity occurring after the effective date
of 18 U.S.C. 2257A; and/or (iv) the produced images were created prior to July 3, 1995.
Designated Records Custodian
Without limiting in any way the applicability of the above-stated exemptions, the operators of this website have
designated the custodian, whose address appears below, to be the keeper of original records described in 18
U.S.C. 2257 and 28 C.F.R. 75 for all materials appearing on this website that fall into the following categories:
(i) marketing and advertising materials that contain visual depictions of actual or simulated sexually explicit
conduct, which materials have been acquired or created by the website's operators for the purpose of promoting the
website; or (ii) materials that are not exempt, as described above.
The aforementioned records and their custodian can be found at the following location:
Custodian of Records
Oikawa Limited
Suite 9, Ansuya Estate, Revolution Avenue,
Victoria, Mahé, Seychelles
Nothing further follows.
Privacy Policy
Created: November 10, 2014
Last Updated: November 10, 2014
Oikawa Limited-the owner and operator of OnWebcam.com-welcomes you to the Website, an adult entertainment website. Because your privacy is important to us, we have developed this privacy policy. It describes what we will and won't do with personal information you give us when accessing our Website. This privacy policy is in addition to our terms of use, which supplement this privacy policy. That is, all of the provisions in our terms of use, including disclaimers, limitations on liability, exclusive forum for resolving disputes, notices, and arbitration, all apply to this privacy policy. If you do not agree with anything contained in this privacy policy, please stop using the Website (if you are a member, please contact us and we will cancel your membership).
This privacy policy applies only to our Website. It does not apply to any third party website or service linked to our Website, or recommended or referred by our Website or by our staff. And it does not apply to any other website or online service operated by us or to any of our offline ac-tivities.
Minors Not Eligible to Use the Website. This Website is not intended for minors. The Website expressly and strictly limits membership and viewing privileges to adults' 18-years old or over and having reached the age of majority in their community and country. We strictly forbid all persons who do not meet these age requirements from accessing or viewing the contents of the Website. We do not knowingly collect any personal information from minors and minors may not lawfully visit the Website or use any of its services.
- What kind of information do we collect?
Registration and account information. On our Website, you can sign up to become an adult entertainment model. While using our Website, we may ask you to create an account or complete an application by providing us with personally identifiable information that we use to contact or identify you, as well as administer your account. The types of personally identifiable information that you provide as part of your account may include: name, address, email address, telephone number, fax number, credit card and billing information, and other information that you provide to us. By registering with the Website, you consent to the use and disclosure of your personally identifiable information as described in this privacy policy.
Information from other sources. On one or more occasions, we may combine information we receive online with outside records and use the information according to this privacy pol-icy.
Social media. You can also engage with our content and other offerings, such as videos, and applications, on or through third-party social media websites. When you link your account or engage with our content on or through third-party social media websites, services, plug-ins, or applications, you may allow us to have ongoing access to certain information from your social media account. We may also receive nonpersonally identifiable information from your interaction with our content. "Nonpersonally identifiable information" means information that, without the aid of additional information, cannot be directly associated with a specific person.
When you provide information to the Website from your social media account, it can help enable us to do things like: (1) give you exclusive content; (2) personalize your online experience with us within and outside our Website; and (3) contact you through the social media websites or directly with the latest news, special offerings, and rewards. By providing this information, you consent to our use of the information according to this privacy policy.
If you post information or content (if applicable), such as by posting photos, commenting on a blog, or participating in online forums or communities at our Website, or when you interact with our Website through social media websites, plug-ins, or other applications, depending on your privacy settings, this information may become public on the Internet. You understand that we cannot prevent further use of this information. You can control what data you share through privacy settings available on some social media websites. For more information about how you can customize your privacy settings and how third-party social media websites handle your personally identifiable information, please refer to their privacy help guides, privacy policies, and terms of use. You assume all responsibility for any loss of privacy or other harm resulting from your voluntary disclosure of personally identifying infor-mation.
Information collected from mobile devices. If you access our Website through a mobile device (e.g., smartphone, tablet, etc.), we also may collect your unique device identifier and mobile device IP address, as well as information about your mobile device's operating system, mobile carrier, mobile Internet browser, your precise geographic location, and other information described in this privacy policy.
Technical and usage information. We also collect certain nonpersonally identifiable information when you use our Website. For example, we collect information on the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider or mobile carrier, IP address, and certain usage information including the locations of the webpages that you viewed right before arriving at, while navigating, and immediately after leaving the Website.
DMCA infringement notifications, notices of violations of Website terms of use, and other communications directed to us. By submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the Website), you consent to have these communications forwarded to the person or entity who stored, transmitted, or linked to the content addressed by your communication, in order to facilitate a prompt resolution. For notices of violations of Website terms of use or other communications (but not DMCA infringement notifications), on request we will edit out your name and contact information. However, we will forward DMCA infringement notifications (including any personally identifying information contained in the notifications) as submitted to us without any deletions.
Providing requested information. In some cases, only persons who provide us with the requested personally identifiable information will be able to order products and services, or otherwise participate in the Website's offerings.
- Who sees your personal information?
Legal and law enforcement purposes. We may disclose personally identifiable information in response to legal process, including court orders and subpoenas, or in response to a law enforcement agency's request. We also may disclose your information to third parties for fraud detection and prevention activities. Finally, we may disclose your information if necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of another person, violations of any of our terms of use or other policies, to protect our rights and the rights of others, or as otherwise required by law.
Change of control. We may transfer any information about you if we sell to or merge with another company.
Vendors and service providers. Our agents, employees, and contractors may have access to your personally identifiable information to help carry out the services they are per-forming for us.
Sponsors and co-promotions. We sometimes may offer content or programs that are sponsored by or co-branded with identified third parties. Because of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the activity. We have no control over these third parties' use of this information.
Advertisement servers. At our Website, reputable third parties may present or serve advertisements, provide us with data collection, reporting, ad response measurement, and website analytics, as well as assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. The use of these technologies by these third parties is subject to their own privacy policies and governed by this privacy policy. They may also obtain information about other applications that you have downloaded to your mobile device, the mobile websites you visit, and other information about you or your device in order to help analyze and serve anonymous targeted advertising on the Website and elsewhere.
- How do we use your personal information?
Providing our products and services. We use the information we collect about you: (1) to fulfill your requests for our products, programs, and services; (2) to respond to your inquiries about our offerings; (3) to provide, personalize, and improve our offerings; and (4) to offer you other products, programs, or services from us and our affiliates, business partners, and selected third parties that we believe may be of interest to you.
We use the information we collect for our online forums and communities to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, on one or more occasions, to offer you products, programs, or services.
If you choose to submit content, we may publish your screen name and other information you have provided to us on our Website, the Internet, or elsewhere.
Communications. We use information about you to communicate with you, including: (1) to notify you when we make changes to our terms; (2) to fulfill a request by you for an online newsletter; (3) to confirm purchasers you have made through our Website; or (4) to contact you about your account with us. If offered, you may also choose to receive push notifications from us on your mobile device.
We use the information that you provide about others to allow us to send them invitations, gifts, cards, or other content on your behalf or through our Website. Occasionally, we also may use this information to offer products, programs, or services to them.
Mobile device data usage. When you access our Website on a mobile device, we may use the information collected for any purpose so long as it complies with the terms stated in this privacy policy.
Use of nonpersonally identifiable information. We use aggregate information about our users and nonpersonally identifiable information that we collect to improve the design, functionality, and content of our Website and to allow us to personalize your experience with our Website and offerings. We use this information to (1) provide, maintain, personalize, protect, improve, and develop our products, programs, and services and to operate our business; (2) to analyze usage and performance of our Website; and (3) for us and our affiliates, business partners, and selected third parties to offer you products, programs, or services.
- How do we use cookies and other technical information?
Cookies and Web beacons. Third-party service providers, our business partners, our affiliates, and we may send "cookies" to your computer or use similar technologies to enhance your online experience at our Website. "Cookies" are a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the website. Cookies can identify you as a unique customer and store your personal preferences as well as technical information. Cookies manage and measure the performance of advertisements displayed on or delivered by or through us or other networks or websites. Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).
Our Website may use locally stored objects (sometimes referred to as "Flash cookies") to provide certain content, such as video on demand, video clips, or animation. Adobe's Flash player and similar applications use this technology to remember settings, preferences, and usage similar to browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools from Adobe's website.
We may also use "Web beacons" that monitor your use of our Website. Web beacons (also known as clear gifs, pixel tags, or Web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users or to access cookies. Unlike cookies, which are stored on the user's device, Web beacons are embedded invisibly on the webpages (or in email) and are about the size of the period at the end of this sentence. We use Web beacons to collect the following information: (1) the IP (Internet Protocol) address of the computer that downloaded the webpage on which the Web beacon appears; (2) the URL (Uniform Resource Locator) of the webpage on which the Web beacon appears; (3) the time the webpage containing the Web beacon was viewed; (4) the types of browser that fetched the Web beacon; and (5) the identification number of any cookie on the computer previously placed by that server.
When corresponding with you through HTML capable email, Web beacons let us know whether you received and opened our email.
On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. But if you choose to furnish personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.
Managing cookies and Web beacons. By accepting this privacy policy, you specifically agree to our use of cookies and Web beacons as described in this privacy policy. You may adjust your browser to reject cookies from us or from any other website. Additionally, by setting your Web browser to display HTML emails as text only, you may be able to prevent the use of some Web beacons. Please consult the "Help" section of your browser for more information. Please understand that certain areas of our Website can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content or Website features. You assume all responsibility for any resulting loss of functionality because of disabling cookies or similar devices.
- Can you opt-out of marketing communications?
Yes. We provide you with an opportunity to express your preferences for receiving marketing communications from us or from unaffiliated third parties. If you ever decide in the future that you would like to update these preferences: (1) you may log into your account to adjust your settings; (2) you may follow the "unsubscribe" instructions provided in any marketing email you receive from us; or (3) you may send us an email at support@oikawaltd.com, and we will edit your preferences based on your instructions. If you previously chose to receive push notifications on your mobile device from us but no longer wish to receive them, you can manage your preferences either through your device or app settings, depending on the type of device.
- How secure is your personal information?
We take reasonable administrative, physical, and electronic measures designed to safeguard and protect your information from unauthorized access or disclosure. This includes using Secure Sockets Layer (SSL) software, which encrypts the personal information you input, and storing your information in encrypted form behind a firewall designed to block access from outside our network.
Although we use commercially reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Moreover, we cannot assure you that your personally identifiable information that we collect will not be used or disclosed inconsistently with this privacy policy. We assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our reasonable control.
- What about other websites linked to our Website?
Third parties are under no obligation to comply with this privacy policy concerning personally identifying information that you provide directly to those third parties or that those third parties collect for themselves. We neither own nor control the third-party websites accessible through our Website. Thus, this privacy policy does not apply to information provided to or gathered by third parties that operate them. We assume no responsibility for the content or the privacy policies of any other websites that may provide links to our Website or to whom we may provide links, or for the privacy policies of any of their advertisers. Before visiting a third party website, whether by means of a link on this Website or otherwise, and before providing any personally identifying information to any third party, you should inform yourself of the privacy policies any practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect your privacy.
- What is "Do Not Track" and does the Website follow it?
Do Not Track ("DNT") is a privacy preference that you can set in your Web browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt-out. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
- Do special rules apply to California residents?
Yes. If you are a California resident, you have the right to receive: (1) information identifying any third party company to whom we may have disclosed, within the past calendar year, personal information concerning you and your family for our direct marketing purposes; and (2) a description of the categories of personal information disclosed. You must make a request in writing to us to obtain this information. We will not process your request unless it includes your name and email address, the URL for the website you visited, and a return address. We will only honor one request per calendar year. Please email your request to support@oikawaltd.com.
- How do you update or correct your information?
To access the personally identifiable information that our Website collected about you, to correct factual errors in this information, or to update your information, please log into your account (if applicable) or send an email to support@oikawaltd.com. To help protect your privacy and security, we will take commercially reasonable steps to help verify your identity before granting access or making corrections.
- Can we change this privacy policy?
Yes. We may amend this privacy policy, as we believe necessary or convenient to operate our Website. If we do make a change, we will use all commercially reasonable efforts to provide you with advance notice of any change by posting notice of the amended privacy policy on our Website at least 15 days before its effective date. Each version of this privacy policy will identify when we last modified it at the top of the webpage and we will keep prior versions of this privacy policy in an archive for your review. Unless we obtain your express consent, any revised privacy policy will apply only to information collected after its effective date, and not to information collected under any earlier privacy policies. We encourage you to frequently check this webpage for any changes to this privacy policy. If you do not agree to our amended privacy policy, you may cancel your membership before or after the amended privacy policy becomes effective as provided in the terms of use. If we do not hear from you, we will assume, and you agree, that your continued access to our Website after the amended privacy policy's effective date shows your acceptance of our amended privacy policy, and thus the amended privacy policy will govern your access to or use of the Website after the effective date.
- What if you have more questions or want to contact us?
If you have any questions about our privacy policy, our practices, or your dealings with us, please email us at support@oikawaltd.com. Please note that persons under 18-years old or the applicable age of majority are prohibited from accessing our Website, and we do not collect any personal information from persons under 18-years old or the applicable age of majority.
Website operated by: Protranstech BV.
Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Digital Millenium Copyright Act (“DMCA”)
Copyright Infringement Notification Instructions
Thank you for visiting our website (the “Website”). These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, please email us at abuse@oikawaltd.com.
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. 512(k), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Bill Text of the Digital Millenium Copyright Act (“DMCA”), you may click HERE or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE. The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. 512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
Claim of Infringement-
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. 512(c)(3); if you do not understand the language please seek independent legal advice):
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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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;
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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 the service provider to locate the material;
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Information reasonably sufficient to permit the service provider 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;
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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;
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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;
Please send your Claim of Infringement to:
Email: dmca@oikawaltd.comFailure to submit copyright infringement notifications as described above will result in no legal notice or action on behalf of Oikawa Limited.
Claim of Infringement Counter-Notification-
If you have received a Copyright Infringement Notification and you feel that material you have placed online that has been removed following an infringement complaint is in fact not an infringement, you may file a counter- notification. 17 U.S.C. 512 (g)(3) requires that to be valid, the counter-notification must be written and addressed to our designated agent (listed above) and must provide the following information (the list below comes straight from the statute; if you do not understand the language please seek independent advice):
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Identification of the specific URLs of material that the Website has removed or to which the Website has disabled access;
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Your full name, address, telephone number, and email address;
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The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
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The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
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Signature. A scanned physical signature or a valid electronic signature will be accepted.
Our designated agent will present your counter-notification to the Complaining Party. Once your counter- notification has been delivered, Oikawa Limited, is allowed under the provisions of 17 U.S.C. 512 to restore the removed material in no less than 10, nor more than 14, business days, unless the Complaining Party notifies us that it has filed an action seeking a court order to restrain you, the subscriber, from engaging in infringing activity related to the material on Oikawa Limited.'s system or network.
Please note that when we forward the counter-notification to the Complaining Party, it includes your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way.
Oikawa Limited is not required to respond to counter-notifications that do not meet the requirements above.
Claim of Infringement Retractions-
In the event that after you submit a Copyright Infringement Notification, you realize that you have either misidentified content, failed to comply with the requirements of the DMCA or that you simply changed your mind, you may retract your Copyright Infringement Notification by sending us a Notification of Retraction with all of the following:
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A statement indicating that you are retracting your Copyright Infringement Notification;
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The complete and specific URL of the material in question;
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An electronic signature; and
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A copy of your original Copyright Infringement Notification.
Repeat Offenders-
This Website terminates the account(s) of any repeat copyright infringer, when appropriate and maintains a Repeat Infringer Policy pursuant to 17 U.S.C. 512(i).
* * *
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
Our Copyright Infringement Agent is not associated with this Website or the legal entity that controls this Website. Do not send any other information or material to our DMCA Agent.
Broadcast Terms-of-Service Agreement
Created: January 5, 2014
Last Updated: April 3, 2015
This broadcast terms-of-service agreement applies only to live.porn.com (the "Website"), powered by OnWebcam.com. These terms governs your use of the Website and the services we offer to you through the Website. These terms apply to the entire contents of this Website (regardless if you purchase services)and to any email correspondence between you and us. Please read these terms carefully before using our Website because they create a binding agreement between you and us.Please pay special attention to the following provisions: (1) user conduct and interactive features (sections 9 and 10); (2) disclaimer of warranties (section 15); (3) disclaimer of liability and limitation of damages (sections 16 and 17); (4) exclusive forum for resolving disputes (section 23.1); and (5) mandatory arbitration (section 24.4). Checking the designated box and clicking on the "I Agree" button on the registration page formsyour acceptance of and agreement to these terms even if you do not read them. If you do not want to accept these terms, you must leave the Website immediately. If you violate any of these terms, we will cancel your account.We may change these terms on one or more occasions by updating this webpage as discussed below.We will consider your continued use of the Website after we post the changes as your acceptance of the changes.
Minors prohibited. This Website contains pornographic content and is not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
- Description of Service; Age of Majority; & Age and Legal Certifications
- This Website provides online interactive video, audio, and live content primarily posted by users, models, and performersthat is adult-oriented in nature. By accessing this Website, you may see graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. Access and registration to the Website is free. The only time you have to pay is if you purchase tokens to use on the Website.
- You must be at least 18-years old or the age of majority in your community to access this Website. We do not intend anyone under 18-years old or the age of majority in their community to access this Website. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you are not the age of majority in your jurisdiction, you must leave this Website immediately. Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of these protections may be found on the Internet by searching "parental control protection" or similar terms.
- By accessing the Website or purchasing tokens, you certify to us that:
- You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
- If purchasing tokens, you own (or have permission to use) the credit card you pay with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the package you chose;
- You are aware of the pornographicnature of the content availableonthe Website and that you are not offended by content of this nature;
- You are familiar with your jurisdiction's laws affecting your right to access pornographic materials;
- You have the legal right to pornographic materials and we have the legal right to transmit them to you;
- You are voluntarily requesting pornographic materials for your own private enjoyment; and
- You will notshare these materials with a minor or otherwise make them available to a minor.
- Child Pornography Prohibited
All persons who appear in any visual depiction of actual or simulated sexually explicit conductfound on the Website must be 18-years old or older at the time of the creation of the depictions.We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at support@oikawaltd.com. Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
- Ownership of Content; Limited License
- We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, "look and feel," and the arrangement of this content, contained on this Website. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Website and its content.
- We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms.By "access," we mean visit the Website, use its services, and view or download its content. By "content," we mean any materials, including text, communications, images, sounds, streams, profiles, software, data, or other information found on this Website.
- You may only access the Website for your personal, noncommercial use. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental. You willnot make any content available on any peer-to-peer network, file sharing service, or other system for sending information to others. Finally, you will not solicit any other members or performers for services, including soliciting memberships to other websites or similar services. Doing any of this will subject you to immediate civil and criminal liability-we will pursue legal action againstanyone engaging in commercial solicitations on this Website.
- Trademarks
- The trademarks, service marks, logos, slogans, and domain names ("marks") referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to us, and trademark laws in the Republic of Seychelles and other countries, and international laws and treaties, protect them. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by us or with us. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other "hidden text" using marks that belong to us and our licensors, without advanced written permission from us or the third party who may own the mark.
- You will not reproduce, imitate, or use the Website's trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may infringe our rights or the rights of third parties.
- We neither endorse nor recommend the owner of any trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
- Registration; Purchases
- Registration. To fully access the Website, you must register for a free account by completing an online registration form that the Website must accept. On submission of the online registration form, our authorized agent or we will process your application. As part of the registration process, you must give accurate, current, and complete information about yourself as prompted by the registration form and update this information when necessary to keep it accurate, current, and complete at all times while you are a registered user of the Website. You must promptly inform the Website of all changes to your registration information. If you fail to do so, we may suspend or terminate your account with us and suspend or block your access to the Website.
- Username and Password.On registering, you will createa unique username and password to access the Website. You must keep your username and password confidential because we will hold you responsible for all activity initiated under your username and password. For example, if you allow another person to use your username and password, we will hold you responsible for anything they do. You will not allow anyone under 18-years old or the age of majority where you live, whichever is older, to use your username or password or access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advanced notice. Please tell us immediately if you know or suspect that someone is using your username or password without your permission. You will need to give us all information you have about the unauthorized use and fully cooperate with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
- No Username or Password Sharing.Your username and password are for your personal use only. You may not share them with any other person. Sometimes multiple access is not your fault-like when hackers try to compromise the Website by bundling multiple users with the same username or password. Regardless of the reason, we cannot allow multiple persons to use the same username and password, and the Website has several techniques to detect unauthorized multiple use. If we discoverthat multiple persons are using your username or password, we may block your access to the Website through your username or password. But we will send you a new username or password to the email address you signed up with toallow you to regain access to the Website. We will not be responsible for, and will not refund any charge because of any down time or inability to access the Website that you experience because of the username or password change.
- Tokens; Tipping; & Other Fees and Promotions.
- Tokens. The only thing that costs money on the Website is tokens. You can spend tokens on private shows, group shows, and tips. Tokens have no cash value and are for entertainment purposes only. Unused tokens are not eligible for any refunds and forfeited if you or we terminate or suspend your account for any reason. You many not transfer,sell, or exchange tokens to other persons for value except as permitted on the Website. We offer you the opportunity to purchase different amounts of tokens. There may be a slight discount for purchasing more tokens at once. There are no additional fees or future charges unless you purchase more tokens.
- Tipping. You may tip models and performers through the Website using the tokens that you purchase from us. You tip at your option and risk. You do not have to tip to use the Website. You may only tip using tokens. Models and performers may not solicit tips through means of anything but tokens. All tips are chargeable when made and we will not return a tip made from your account except in situations we consider extraordinary. Tipping does not alter these terms; we prohibit giving or receiving tips in exchange for actual or promised conduct that violates these terms.
- Right to Charge Additional Fees. We may charge additional fees for access to the Website in the future.We may also change our fee structure on one or more occasions.
- Foreign Transaction Fees. We may use credit card processors or banks to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge depending on where you live. In addition, if you are making a purchase in a currency other than U.S. Dollars, the payment processor may add a surcharge for the currency conversion. Before purchasing any tokens, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
- Promotional Credits. You acknowledge that we may end any promotion that provides points, pre-recorded shows, or similar credits or benefits. If you have not logged into your account for 180 days or you or we terminate your account for any reason, you will lose any promotional credits that you have. Promotional credits have no cash value and you may not redeem for cash, convert for other services, or transfer to other persons.
- Payment.All purchases are one-time charges, meaning we will not charge you again for the same purchase. We do not use recurring charges. We will bill you using the billing method you selected when you made your purchase. You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate.
- Billing Providers. The Website may use one or more billing providers to process credit card transactions. Neither the billing providers nor any person related to the billing providers hold any ownership interest in this Website, nor receives any financial benefit from this Website, other than a fee paid by the owner of this Website to the billing provider for the services performed by the billing provider. The billing provider has no control over the Website, or any of the design, layout, content, subject matter, products, services, or persons that appear on or that are linked to the Website, or the geographical areas into which the Website may disseminate, broadcast, or permit the downloading of or access to the content or services offered by the Website.
- Billing Errors. If you become aware of any errors in billing, please notify us promptly for proper credit. We will waive any error in your favor that we do not correct within six months of the bill where the error first appeared. You will waive any error in our favor unless you give us notice of the error within two months after you receive the bill in which it first appears. You hereby release us from all liability for any error you do not report to us within two months after you receive the bill in which the error first appeared.
- Refunds. All sales and transactions are final and we do not guarantee the availability of a refund, whether in tokens or money, for any reason. We may provide refunds, but we have no duty to do so. We do not issue token refunds unless extenuating circumstances exist that we feel warrant a refund. Extenuating circumstances include things like the website not working properly for some reason (e.g., the Website goes down and takes your tokens). In cases like these, we may issue token refunds after investigating on a case-by-case basis. We will take into consideration things like other complaints received or other customer comments. We do not guarantee satisfaction and thus will not consider dissatisfaction with the Website or buyer's remorse as grounds for a token refund. We cannot grant token refunds for tips (just like in real life, tips are gifts that you cannot revoke) or group shows. To ask for a refund, you must contact our customer service department by emailing us at support@oikawaltd.com.If you contact the payment processer or credit card company to ask for a refund, our system will automatically assume that the charge came from a stolen credit card and will thus blacklist you from returning to the Website.
- Cancellation
- Your Right to Cancel.Since we do not offer paid memberships or subscriptions, there is never a need to cancel your account.If you want your account deleted, please email us at support@oikawaltd.com and we will delete your account.
- Our Right to Cancel.We may cancel your account or suspend your access to the Website for any reason. If your credit card provider seeks return of any payments you made to us, but we believe in good faith you are liable for the charges, we may, subject to applicable law, seek payment from you for the amounts due.
- Feedback
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
- Links to Third-Party Websites
- As a convenience to you, we may provide on this Website links to websites owned or operated by other entities that are completely independent from us. These linked websites may contain content that some people may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us.
- Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (1) any linked website; (2) any information or content found on any linked website; or (3) any websites linked to or from any linked website. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website, including embedded or third-party feeds from other cam websites. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own risk. We may discontinue linking to any linked website at any time without notice. Please contact the webmasters of any linked websites regarding any information, goods, or services appearing on them.
- User Conduct
- You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
- You acknowledge that you are responsible for your own submissions and the consequences of uploading or otherwise making them available on the Website. You are solely responsible for all acts and omissions that occur because of your use of the Website.
- As a condition of your use of the Website:
- You willcomply with all applicable laws and regulations of any applicable governmental body;
- You will maintain the security of your username and password and be fully responsible for all use of your account;
- You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
- You will not use the Website in any way that exposes us to criminal or civil liability;
- You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
- You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, harmful, obscene, offensive, hateful, discriminatory, or illegal material to any other user of this Website;
- You will not "stalk" or harass anyone on the Website, including using language that could be considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person or group of persons;
- You will not use the Website to invade the privacy of another person (including the dissemination of personal information);
- You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
- You will not use or attempt to use any other user's account on the Website without permission;
- You will not impersonate another person during your use of the Website;
- You willnot use any automated means-including robots, crawlers, or data mining tools-to download, monitor, or use data or content from the Website;
- You will not modify, build on, or block any portion or functionality of any embeddable player, including links back to this Website;
- You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
- You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
- You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management functionality;
- You will not remove any proprietary notices or labels, including copyright notices, on the content;
- You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
- You will not send, create, or reply to so-called "mail bombs"-that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent-or engage in "spamming"-that is, unsolicited emailing for business or other purposes-or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
- You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to a third party;
- You will not "frame" or "mirror" the Website; and
- You willnot reverse engineer any part of the Website.
- We may take appropriate action against you for any unauthorized use of the Website, including civil, criminal, injunctive relief, and cancellation of your account. An unauthorized use of the Website and our computer systems violates these terms and certain international, foreign, and domestic laws.
- Interactive Features
- This Website includes certain interactive features that allow you to interact with other users and performers. Your use of the interactive features of this Website is at your own risk and subject to the disclaimers and limitations stated in these terms. You may not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals when using the interactive features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You may not use vulgar, abusive, or hateful language. If you violate this provision, we may block you from accessing this Website and hold you responsible.
- The following are some-though not all-of the violations that may result in our terminating your access to the Website. You will not do any of the following actions while using the chat room (including private chat) or while otherwise communicating to others on or through the Website:
- Harass, threaten, embarrass, or cause distress or discomfort to another chat room participant, including amodel, performer, user, or other person;
- Transmit by chat room any information, data, text, files, links, software, communication, or other materials that we reasonably consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
- Cause any chat room screen to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
- Record or distribute the video or other content found on this Website;
- Post private or personal information of any person, including a model, performer, or user;
- Impersonate any person, including a model, performer, or user;
- Request money from, or otherwise defraud models, performers, or users of the Website;
- Engage in or simulate bestiality on camera in a sexual or provocative context;
- Engage in any activity that may be considered obscene in your community or may be generally considered obscene worldwide;
- Consume or display alcohol, medicines, or narcotics while on camera;
- Allow anyone under 18-years old on camera at any time;
- Allow anyone other than the account owner on camera;
- Perform while intoxicated or under the influence of drugs;
- Perform in public or in a public or semi-public area;
- Discuss illegal activity (including prostitution or escort services) or post links to other websites that deal with those activities;
- Discuss or engage in pedophilia, the exploitation of children, age-play, rape, or incest;
- Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including any regulations having the force of law while using or accessing chat room;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation in the chat room, including the solicitation of models or performers for commercial ventures; or
- Engage in antisocial, disruptive, or destructive behavior, including "bombing," "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- We do not endorse the opinions expressed in any posting on this Website. We do not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We may monitor and delete any information or postings we consider inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at support@oikawaltd.com. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
- We do not recommend or condone any form of user interaction outside of the Website. Use of the Website to arrange face-to-face meetings to engage in illegal activity is prohibited and may subject your account to termination. If you choose to interact with any user, model, or performer offline, you do this at your own risk and we have no liability to you for any consequences of any choice to interact offline.
- User Submissions
- You may submit content to the Website. Except for personally identifiable information covered under our privacy policy, we will consider any content submitted to this Website nonconfidential and nonproprietary. We will have no obligation for this content and we do not guarantee any confidentiality for any submissions. We may freely use and otherwise exploit this content for any purpose without any obligation to pay you unless we agree otherwise in writing.
- For each submission you make to the Website, you state that:
- You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, or other proprietary rights in the submission to allow inclusion and use of the submission in the manner contemplated by the Website and these terms;
- You are not posting any content depicting or simulating any person under 18-years old;
- You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
- You have the written consent or release of each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the manner contemplated by the Website and these terms.
- You understand that 18 U.S.C. § 2257 requires that you keep records for any visual depictions that you post, share, or perform on this Website that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity as 18 U.S.C. §§ 2256(2)(A)(i)-(iv) and 2257A defines these terms. Any postings that you make must contain an "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 prosecution and civil liability for the violation of United States law.
- You retain all of your ownership rights in your submissions. However, you hereby grant www.onwebcam.com a worldwide, nonexclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and its (its successor's) business, including for promoting and redistributing any part of the Website-and derivative works of it-in any media formats and through any media channels. You further waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted. You also hereby grant each user a nonexclusive license to access your submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions as permitted through the functionality of the Website and under these terms. This license terminates once you remove or delete your submission from the Website. You understand that we have no control over what other users may do with copies of your content once you remove your submissions from the Website and we do not guarantee that others will honor the termination of the license you grant here.
- You are solely responsible for your submissions and the consequences of posting them to the Website or to any other website through an embedded player provided by the Website or any other material or information that you transmit or share with other users or unrelated persons through the Website. You willnot submit to the Website any content:
- That is copyrighted, patented, trademarked (or service marked), protected by trade secret, or otherwise subject to another person's intellectual or proprietary rights-including privacy and publicity rights-unless you own or control the rights or have received permission from the rightful owner to post the content and to grant www.onwebcam.com all of the license rights granted in section 11.4;
- That you do not have a right to transmit under contractual or fiduciary relationships, including insider information, proprietary information, and confidential information learned or disclosed as party of employment relationships or under nondisclosure agreements;
- That publishes falsehoods or misrepresentations that could damage us or any other person;
- That is illegal, unlawful, threatening, defamatory, libelous, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or may cause annoyance or inconvenience;
- That disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any person appearing in or referred to in the submission;
- That seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information for improper purposes, or otherwise;
- That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any other person in any jurisdiction in the world;
- That constitutes or depicts animal cruelty or bestiality;
- That constitutes or depicts child pornography or pedophilia;
- That advertises or solicits business, including unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- That advertises any commercial endeavor or otherwise engages in any commercial activity except as specifically authorized on this Website;
- That solicits funds, advertisers, or sponsors;
- That impersonates another person or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- That is technically harmful, including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data; or
- That otherwise violates these terms.
- We have no responsibility for, we do not endorse (expressly or implicitly), and we disclaim all liability for any content you submit to the Website or to any other website through an embedded player provided by the Website. We do not permit copyright infringing activities or infringement of any other intellectual property rights on the Website (including trademarks), and we will remove all content and submissions if properly notified that the content or submission infringes on another person's intellectual property rights. We may remove content and submissions without advance notice or delay. We may also terminate a user's access to the Website, if we determine the user is an infringer or a repeat infringer. While we accept pornographic content, only we decide if the content or submission is appropriate and complies with these terms for violations other than copyright infringement and violations of intellectual property law, such as obscene or defamatory material, or excessive length. We may remove a submission or terminate a user's access for uploading content that violates these terms without advance notice.
- You understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You also understand that you may be exposed to submissions that are inaccurate, offensive, obscene, indecent, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We may refuse to publish, remove, or block access to any user submission that is available through the Website or our network or services without notice.
- We provide this Website as a service to our users. You understand that users (including models and performers) primarily submit the content available on this Website and that we do not prescreen or preemptively monitor the content. We assume no responsibility for monitoring the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person's rights. You are solely responsible for the submissions that you make visible on the Website or to any other website through an embedded player provided by the Website, and for any other material or information that you transmit or share with other users or unrelated persons through the Website.
- We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content in breach of these terms.
- DMCA Notice of Copyright Infringement
- We respect the intellectual property rights of others. We will respond to legitimate requests under the Digital Millennium Copyright Act (DMCA), and we may remove content we have reason to believe infringes the copyright of others. If you become aware of content on the Website that infringes your copyright, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to us.
- Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action under the DMCA. You should send any DMCA request to our designated agent to receive notice of claimed copyright infringements as follows:
Copyright Agent c/o Corey D. Silverstein, Esq. Law Offices of Corey D. Silverstein, P.C. 30150 Telegraph Road, Suite 444 Bingham Farms, Michigan 48025 United States of America Fax: (248) 645-1222 Email: dmca@oikawaltd.com
Please do not send any other inquiries or information to our designated agent. If you do, you will not receive a response.
- Please send our copyright agent the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed, or a representative list of the works;
- The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you-made under penalty of perjury-that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- If you believe your content was wrongly removed from the Website because of a DMCA request, you may request a copy of the DMCA notice and you may file a counter-notification by sending us the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it disabled;
- A statement by you-under penalty of perjury-that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notice under the DMCA (17 U.S.C. § 512(c)(1)(c)) or an agent of the person.
- Repeat Infringer Policy. In appropriate circumstances, we will terminate a user's access to the Website if we receive three good faith and effective complaints about material that user submits to the Website within a contiguous six-month period.
- Privacy Policy; Usage Information
- We have a separate privacy policy posted on the Website at www.onwebcam.com/ and we make it part of these terms by this reference. Please read it. Your agreement to these terms or your continued access to the Website establishes your agreement to the privacy policy.
- By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
- We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
- Modifications and Interruption to Service
- You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Website and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Website. Nor do we guarantee that you will be able to access or use all parts of this Website, and specifically, we do not guarantee the availability of recorded private shows and chat conversations. Archives, along with any other feature or benefit of this Website, may become permanently inaccessible. You understand that we will have no liability to you for any inaccessibility, including liability issue a refund or any other transaction reversal because of inaccessibility.
- We may modify or discontinue this Website without notice to you. We have no liability to you or any other person if we modify or discontinue this Website.
- We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
- We may suspend, terminate, or block your access to this Website if we believe that you have violated these terms.
- Warranty Disclaimers
- We provide you access to this Website and its content "as is," "with all faults," and "as available." You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties-express, statutory, or implied-including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, suitability, security, privacy, title, exclusivity, quiet enjoyment, noninfringement, and warranties that your access to the Website will be uninterrupted, virus-free, error-free, or that content loss will not occur. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the truth or reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting our customer support department at support@customerhelponline.com.
- Assumption of Risk; Release and Disclaimer of Liability
- You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website. You further acknowledge that we will not be liable to you for submissions or the defamatory, libelous, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you.
- You release us from all claims, demands, and damages arising out of your use of the Website, including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
- We disclaim all liability to you for any of the following:
- Errors, mistakes, or inaccuracies of content;
- Personal injury or property damage of any nature resulting from your access to and use of the Website;
- Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
- Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
- Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
- Interruption or cessation of transmission to or from the Website;
- Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
- Incompatibility between the Website and your other services, hardware, or software; or
- Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
- Limitation of Damages
- Unless caused by our gross negligence or willful and wanton misconduct, we limit our total damages to you for any claims arising out of your access to the Website to your incidental and direct damages, if any. But our total damages to you will not exceed the greater of $100 USD or the total amount you paid us for any premium membership during the 12-month period before you made your claim. Recovery of these damages will be your sole and exclusive remedy.
- Unless caused by the other party's gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages for any claims arising out of these terms or access to the Website. This exclusion applies even if the other party knew or should have known about the possibility of these damages.
- The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages in section 16.2 is independent of your exclusive remedy in section 16.1 and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise holds your exclusive remedy unenforceable.
- The limitations and exclusions in this section apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory).
- Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 15, 16, and 17 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
- Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the Republic of Seychelles. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
- Loss Payment (also known as Indemnification)
- In General. You must pay us for any loss of ours that is caused by (1) your use of the Website, including your conduct on the Website; (2) your breach of these terms; (3) your violation of rights of another person, including intellectual property rights; or (4) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
- Definitions
- Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
- A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
- Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. Our failure to give you timely notice does not terminate your obligation, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information or cannot obtain your contact information in a commercially reasonable manner).
- Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we directyou to control the defense.You and we must cooperate with each other in good faith on a claim.
- No Exclusivity. Our rights under this section do not affect other rights we might have.
- Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within 1 year after the claim arises. If a party fails to bring any claim that party may have against the other party within this 1-year period, the claim is permanently barred.
- Governing Law
Seychelles law governs these terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."
- Place for Resolving Disputes
- Except for disputes subject to arbitration (section 23.4), all disputes arising under these terms or your access to the Website will be subject to the exclusive jurisdiction and venue of the courts in the Republic of Seychelles. You hereby submit to the personal jurisdiction of the courts in the Republic of Seychelles to resolve all disputes not subject to arbitration exception. You waive any right to seek another forum or venue because of improper or inconvenient forum.
- This Website will be deemed solely based in the Republic of Seychelles and will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
- Dispute Resolution
- In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under theseterms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties arising out of these terms or the use of the Website.
- Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. The Website may elect to litigate billing or payment disputes or collection matters.
- 24.3 Mediation. If the parties cannot settle a dispute through negotiation within 30-days after beginning negotiations, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. The parties will conduct the mediation in Amsterdam, Netherlands, unless the parties agree otherwise in writing. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in writing.
- 24.4 Arbitration. If the parties fail to reach settlement within 60 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms or the use of the Website by arbitration administered by the International Centre for Dispute Resolution according to its International Arbitration Rules. Any arbitration conducted under theseterms will take place in Amsterdam, Netherlands before a single arbitrator. The language of the arbitration and related proceedings will be English. Subject to repayment under section 26.10, the parties will bear equally the costs of the arbitration, including the fees and expenses of the arbitrator; each party will bear the costs associated with its case. The arbitrator will make a determination and issue an award within 30-days of the close of the evidence in the arbitration proceeding. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator's decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator's award. Except as stated in sections 24.1, 24.2, and 24.3, this is the exclusive remedy and forum for resolving disputes.
24.5 Waiver of Jury Trial. Both parties waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this section are waived.
- Class Action Waiver
The parties will conduct any proceedings to resolve or litigate any dispute in any forum solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
- Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
- User Submissions
- Entire Agreement. These terms, together with the privacy policy and any other legal notice published by us on the Website,formthe entire agreement between you and us concerning your access to the Website. It supersedes all earlier terms between you and us regarding access to the Website. A printed version of these terms will be admissible in any proceedings arising out of these terms to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
- Copy of these Terms. You may-and we recommend that you-print these terms on your printer or save them to your computer. If you are having trouble printing a copy or saving them to your computer, please email us at support@oikawaltd.com and we will send you a copy.
- Changes.We may change these terms if we believe necessary to operate this Website. We will try to post changes on the Website (http://www.onwebcam.com/legal#terms-broadcast) at least 15 days before they become effective. Changes will become effective on the last updated date noted at the top of the revised terms, but changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to cancel your membership if you are a member or to stop accessing the Website if you are not a member. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@oikawaltd.com.
- Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party without notice to you. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
- Waiver. If we do not enforce any right or provision of these terms, thisfailure is not to be deemed a waiver of our right to do so in the future.
- Severability. If any provision of these terms is for any reason held unenforceable, that provision will be changed to the extent necessary to make it enforceable without losing its intent. If no change is possible, that provision will be severed from the rest of these terms.
- Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
- Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these terms.
- Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
- Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Fiber cuts;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server, network, or software.
- Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated these terms, the breaching party will reimburse the nonbreaching party for all actual costs and reasonable attorney fees incurred in enforcing these terms.
- Notices
- Sending Notice to Us. You may send notice to us by email or by calling our customer support department. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on this Website or on the customer support website. Please check the bottom of this Website for the most current information for sending notice to us.
- Sending Notice to You¬-Electronic Notice. You consent to receiving any notice from us in electronic form either: (1) by sending email to the email address you specified when you signed up; or (2) by posting the notice on a location on the Website designated for this purpose. We will consider notices sent to you by email received when our email service indicates transmission to your email address. You confirm that the email address you specified when you signed up is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
- Authorization and Permission to Send Emails to You. You authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list.
- Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages transmitted to us or from usas open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and designated recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
- Electronic Signatures. You will be bound by any affirmation, assent, or agreement you transmit through this Website. You acknowledge that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
- Consumer Rights Information-California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Oikawa Limited Suite 9 Ansuya Estate Revolution Avenue Victoria, Mahe Seychelles support@oikawaltd.com
Users who wish to gain access to the members-only section of the Website must be a member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change the membership fees. You may contact us at support@oikawaltd.com to resolve any billing disputes or to receive further information about the Website.
- Complaints-California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
- English language. We have written these terms in the English language. We assume that you can read and understand English. We are not liable to you or any third party for any costs or expenses that you incur in translating these terms into another language. Only the English language version of these terms control.
- Usages
In these terms, the following usages apply:
- Actions permitted under these terms may be taken at any time and from time to time in the actor's sole discretion.
- References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
- References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
- In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
- References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
- "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
- "Including" means "including, but not limited to."