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IMLIVE HOSTS - AGENCY AND FACILITATION SERVICES AGREEMENT
Thank you for your interest in receiving services from I.M.L. SLU a company orga
nized under the laws of the Principality of Andorra (the 'Company'). Please note
that you, in your capacity as a host ('Host') must accept and agree to the foll
owing Agency and Facilitation Services Agreement ('Agreement') in order to recei
ve the services which are described below. Entering into this agreement allows y
ou to receive services to which a Host is entitled (as detailed below) but it al
so entails certain responsibilities, requires you to make certain representation
s, and may require you to enter into additional agreements with persons ('Guest'
) who choose to receive information/content from you via chat ('Host Services'),
including in any Host-Guest Chat Session ('HGCS'), the form of which you can vi
ew here ('Host-Guest Agreement'). By clicking "I Accept", you expressly agree to
be bound by all of the terms of this Agreement and of any Host-Guest Agreement.
By accepting this Agreement and proceeding with your registration as a Host, you
agree that while using the services set out in this Agreement, including all se
rvices obtained via http://www.ImLive.com (the 'Site'), you shall adhere to the
terms of this Agreement with the Company and to the terms of any Host-Guest Agre
ement.
THE SERVICES: Subject to the terms and conditions set out in this Agreement
and to your full compliance with the terms of any Host-Guest Agreement, the Comp
any shall provide you with the following services ('Services'), in its capacity
as your agent and as a provider of the Services to you:
Advertising: The Company, on your behalf, shall advertise your Host Serv
ices (together with or separately from Host Services of other Hosts) by way of t
he Directory. The Company may furthermore, in its absolute discretion, advertise
your Host Services (together with or separately from Host Services of other Hos
ts) via the Site, on third party sites, or in any other media. Such advertising
shall be in the Company's sole discretion, including, without limitation, the lo
cation of the Host within the Directory and elsewhere on the Site, the manner of
representation of the Host on the Site and any ranking of the Host on the Site.
The Company may in its absolute discretion advertise particularly your Host Ser
vices on and off the Site and may in its absolute discretion grant access to thi
rd parties (including affiliates) to advertising materials (including details, p
hotographs and other materials regarding you) which such third parties may then
use to promote your Host Services.
Branding Goodwill: As an ImLive Host, your Host Services will be made av
ailable and accessible to a vast network of Guests and potential Guests who are
attracted to the Site by the ImLive brand. The benefits that you receive include
HOST AGE: Host hereby represents that he/she is at least 18 years of age and
of legal age in Host's jurisdiction (21 years where required under applicable l
aw).
AMENDMENT OF AGREEMENT: The Company shall be entitled to amend this Agreemen
t, the Terms and Conditions of the Site, the Host-Guest Agreement and the rules
and regulations appearing elsewhere on the Site, at any time by amending it on t
he Site. By entering into the Site or using the Services or the Ancillary Servic
es after the amendment, you indicate your agreement to the amendment. It is your
responsibility to regularly review this Agreement, the Terms and Conditions, th
e Host-Guest Agreement and the other rules and regulations appearing elsewhere o
n the Site.
NON-ASSIGNABILITY/THEFT OF LOGIN: Your rights and responsibilities under thi
s Agreement and any Host-Guest Agreement are strictly personal to you, and you m
ay not assign or transfer them or any part thereof (including use of the Service
s or the Ancillary Services or provision of your Host Services) to any other per
son, nor may you provide your username/password to any other person. You must im
mediately inform the Company of any apparent breach of security, such as loss, t
heft, or unauthorized disclosure or use of a username or password. You will be p
ersonally liable for any unauthorized use of the Services or the Ancillary Servi
ces or provision of your Host Services due to any failure by you to entirely ful
fill your obligations under this Agreement (including this Section 5) or any Hos
t-Guest Agreement.
INFORMATION/CONTENT You are entirely responsible and legally liable for all
information/content provided pursuant to your provision of Host Services, includ
ing in any HGCS, and the Company does not take any responsibility whatsoever for
such information/content. Without derogating from the above:
You undertake that all such information/content provided by you shall sa
tisfy the local laws and regulations applicable to you and to any Guest(s) parti
cipating in any HGCS, including laws and regulations of the EU and the United St
ates.
You represent to the Company that you possess all necessary intellectual
property rights, interests, and licenses in connection with any such informatio
n/content.
You undertake to ensure that all participants in any HGCS (including any
Guest) will be at least 18 years of age (21 years in jurisdictions in which age
of majority is 21) and of legal age in the jurisdiction of residence.
You may not cause or permit the image of any other person (excepting oth
er persons who are registered as Hosts or Guests with the Company and who consen
t to such transmission of such their image) to be transmitted in any HGCS.
Without derogating from any other provision of this Agreement or of any
Host-Guest Agreement, the following activities are generally considered obscene
and are illegal in many jurisdictions, and therefore, are strictly forbidden: be
stiality, child pornography, any presentation of minors engaged in intimate phys
ical contact or sexual situations (actual or depicted), incest, extreme/abusive
You hereby agree and confirm that you are the registered performer in th
is account and are a consenting adult who is performing services at your own fre
e will.
LICENSE: In order to allow the Company to provide the Services and Ancillary
Services and to facilitate the collective interests of the Community of Hosts i
n its capacity as their agent, you hereby grant the Company a general royalty-fr
ee, irrevocable, perpetual and exclusive license to use - including providing th
em to third party sites - still and video images (including audio, recorded sess
ions, videos and text portions) of you and your provision of Host Services. The
said license includes without limitation the right to reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such materials o
r incorporate such materials into any form, medium, or technology including with
out limitation for purposes of advertising on or off the Site and for purposes o
f providing third parties with promotional materials. It is hereby clarified tha
t termination of this Agreement or any Host-Guest Agreement, by any party hereto
or thereto, shall not affect in any way the aforementioned license, which shall
continue to be held by the Company in its entirety. Any materials created in co
nnection with the Host Services may not be used by or transferred by or to any p
erson (including any Host) for any purpose, without the prior written consent of
the Company.
REMITTANCE OF HOST SERVICE PAYMENTS:
HGCS billing rates and terms are set out in the Host-Guest Agreement, wh
ich may be changed from time to time on the Site, in which event any Host will b
e entitled to Host Service Payments according to the then new billing rates. Pri
cing to guests for tutorials, Q&A and other materials are not fixed and are dete
rmined by the Company in its capacity as your agent and as agent of the Communit
y of Hosts, as described on the Site.
The Company usually remits Host Service Payments (less any Deductions) t
o Hosts twice a month: on the 16th of the month (for the first two weeks of the
month) and on the 1st of the subsequent month (for the last two weeks of the pre
vious month). Such remittances are carried out only when any Host has accrued Ho
st Service Payments (less any Deductions) of a minimum of $50 per remittance per
iod. The Company is not responsible for any delays in remittances for up to 60 d
ays, as well as in any case of a delay due to factors not connected to the Compa
ny. You can also choose to wait for remittance until you have accrued Host Servi
ce Payments (less any Deductions) of a minimum of $100 or $500.
The Company offers two forms of remittance: transfer of funds to Host's
Payoneer account or by check.
In case you wish to receive your check by the courier (available to
residents of the US and Canada only), please note that:
You must provide a valid name and address (full address: City, C
ountry, Zip code) and NOT a P.O. Box address;
You must provide your phone number; and
Your minimum check amount must be at least $100.
Please note that ImLive's corporate policy is that ImLive is not res
ponsible for theft or loss of checks sent out to Hosts or Agents. In the case of
. You will not portray yourself as a "teenager", unless you specifically mention
that you are 18 or 19 years old. Otherwise, the use of the word "teen" in any f
orm relating to ages under 18 is strictly forbidden.
It is strictly prohibited to transmit Forbidden Content (as defined abov
e) via any Host Services.
30 minute and 60 minute Sessions: This section applies to all hosts, inc
luding Celebrity Porn Star Hosts who charge 5.80 ImLive Credits or less per minu
te. Where you offer your Guests a 30 minute or 60 minute session, the Company Fe
e shall be as stated in Section 12(b) above.
15 minute and 30 minute Sessions: This section applies only to Celebrity
Porn Star Hosts who charge 5.90 or more ImLive Credits per minute.. Where you o
ffer any Guest a 15 minute or a 30 minute session:
In the event that you provide a full session, the Company Fee is as
follows:
15 minute Session CS charge-per-minute multiplied
30 minute Session CS charge-per-minute multiplied
15
by
30
by
b. In the event that a Guest uses credits that were awarded to him/h
er as a bonus, The Company Fee will be 70%, of what such Guests pay when using b
onus credits, for every minute in your HGCS. This applies to all hosts including
'Hall Of Fame' Hosts, 'ImLive Diamond' Hosts and/or Celebrity Porn Star Hosts.
15 minute planned sessions - the number of minutes of the HGCS in fa
ct multiplied by the otherwise applicable HGCS charge-per-minute multiplied by 2
0%.
30 minute planned sessions - the number of minutes of the HGCS multi
plied by the otherwise applicable HGCS charge-per-minute multiplied by 30%.
You understand that products which may be made available or sold on the Site
are not manufactured by the Company but are manufactured by others. You underst
and and agree that you will use any such products only in compliance with any ma
nufacturer's instructions for use accompanying such products. ANY WARRANTIES COV
ERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODU
CTS AND THE COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODU
CTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FI
TNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DISCLAIMER OF WARRANTIES
THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION ARE PROVI
DED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY K
IND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICAB
LE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMIT
ED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, CO
MPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SER
VICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION OR THE ABILITY OF
THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION TO INTERO
PERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS APPLICATION OR HARDWAR
E; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III
) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE
CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVE
S FROM THE USE OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICAT
ION; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE ANC
ILLARY SERVICES, THE SITE OR THE APPLICATION OR THAT THE SERVICES, THE ANCILLARY
SERVICES, THE SITE OR THE APPLICATION DO NOT INFRINGE THE INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A
RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETI
ON, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILUR
E, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY O
R LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CON
TRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO
NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE
AND THE APPLICATION OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES
, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) T
HAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE ANCILLARY SERVICES, THE SITE AN
D THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SER
VICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION WILL BE CORRECTED. IT
IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS APPLICATION AND
OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE ANCILLARY SERVICES, THE S
ITE AND THE APPLICATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFOR
MATION OR SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR AFFILIATES OR SUPPLIERS OR OUR/OUR AFFILIATES'/SU
PPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES,
LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOE
VER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PU
NITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMA
GES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM O
R THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER
DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE
OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE ANCILLARY SERVICES, THE
SITE AND THE APPLICATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAM
AGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR O
THERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE ANCILLARY SERVICES, THE
SITE OR THE APPLICATION OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE
SAME, THIS AGREEMENT OR ANY HOST-GUEST AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE R
EMEDY IS TO STOP USING THE SERVICES, THE ANCILLARY SERVICES AND THE SITE AND PRO
VIDING ANY HOST SERVICES, AND TO CEASE USING THE APPLICATION.
THIRD PARTY LINKS AND PRODUCTS
VIA OR IN CONNECTION WITH THE SERVICES, THE ANCILLARY SERVICES AND THE SITE
WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF
THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SER
VICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THI
RD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C
) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE
FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD
PARTIES.
INDEMNIFICATION
You shall indemnify and hold the Company, the owners, operators and supplier
s of the Site as well as their officers, directors and employees (collectively '
Indemnified Parties') harmless, against any and all expenses and/or losses, incl
uding reasonable attorney fees, incurred by the Indemnified Parties in connectio
n with any claims of any kind, that result directly or indirectly from your acti
vities in connection with the Site including without limitation via the Chat Sys
tem. Such claims shall include, without limitation, claims in respect of any vio
lation of law in an HGCS (or in the content/information transmitted in the HGCS
and/or transmission of Forbidden Content) by you or any participant therein, cla
ims of infringements of the intellectual property rights of any third party or c
laims that you are or were an employee of any of the Indemnified Parties.
TERMINATION
Both the Host and the Company may terminate this Agreement at will subject t
o the fulfillment of all liabilities and/or remaining obligations to the other p
arty. In the event of such termination, the Host shall immediately cease using t
he Services and the Ancillary Services, and cease providing the Host Services.
BREACH
If the Company suspects that any Host has breached any provision of this
Agreement, including any of the following sections: Section 6(e) (Forbidden Con
tent); 6(f) (Adult Activity other than in Live Sex Chat zone); 7(b) (Non-Provisi
on or Falsification of Documents); 8(b) (Promoting Other Businesses using the Se
rvices or Ancillary Services); 8(c) (Promoting Other Businesses to any Guest); 8
(e) (Forbidden Emailing Activities); 13 (Live Sex Chat); or 14(b)(iii) (Non-Avai
lability During Happy Hour Video Chat); or has breached any provision of any Hos
t-Guest Agreement, the Company shall be entitled to delay remittance of any Host
Service Payments to the Host and block access of the Host to the Servicesand th
e Ancillary Services during an investigation period.
In the event that the Company determines in its sole discretion that the
is in fact in breach as aforementioned, the Host shall cease using the Ser
and the Ancillary Services immediately, and the Company shall permanently
the access of the Host to the Services and the Ancillary Services. In addi
the Company shall be entitled to fine the Host in the amount of:
$5,000, in the event of breach of Section 8(b) (Promoting Other Busi
nesses using the Services or Ancillary Services) or 8(c) (Promoting Other Busine
sses to any Guest); or
Host
vices
block
tion,
sole discretion).
CONFIDENTIALITY
Host shall keep in strict confidence any and all materials and information r
egarding the Company's technological systems and business, commercial and market
ing methods and trade secrets. This provision shall survive termination of this
Agreement by either party.
SEVERABILITY
To the extent that a court of competent jurisdiction determines that any spe
cific term or terms of this Agreement is/are unenforceable, the other terms of t
his Agreement will continue in full force and effect.
WAIVER
No employee, agent or representative, including without limitation any custo
mer service representative, of the Company shall be entitled to waive any term o
f this Agreement.
HEADINGS
Headings of sections in this Agreement are included for convenience only and
shall not be used to interpret the Agreement.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the law
s of the Principality of Andorra, without giving effect to the principles thereo
f relating to conflict of laws.