Terms of use

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Please read the following Terms & Conditions carefully

1. General

1. By entering and using the site Smokingfetish.CamTogether.com (the 'Site') you agree to be bound by these Terms and Conditions. These terms and conditions are a binding agreement between you and I.M.L. SLU, a company organized under the laws of the Principality of Andorra and whose principal office is at Edifici Burge's Planta 3, Avinguda St. Antoni 27, La Massana AD 400 Principat d'Andorra, Tel: 1-866-831-7731 (the 'Operator').
2. By visiting or engaging with the Site, you affirmatively signify that you have read, understood, and agreed to be bound by these Terms as well as our privacy policy and cookie policy, and model-guest agreement, which we may update from time to time, each incorporated herein by reference ("Agreements"). If you do not agree to these Agreements, you must not register an account or otherwise use or access the Site.
3. The Operator is engaged in the business of providing agency and facilitation services to Models ('Models'), on the basis of which Models provide Model Services (as defined below) to guests of the Site ('you' or 'Guests'), and of selling credit to Guests which may be used to purchase such Model Services from Models ('Smokingfetish.CamTogether.com Credit'). The price of Smokingfetish.CamTogether.com Credit is displayed to the Guest upon purchase thereof. Models may use the Operator's video/audio/text chat communications system ('Chat System'), including a certain internet communications application (the 'Application') in order to chat with you in the event that you choose to receive information/content from them. Each time you wish to do so, you must enter into a Model-Guest Agreement, the form of which is available here ('Model-Guest Agreement'). Via the directory of Models located on the Site (the 'Directory'), Guests are able to initiate contact with Models (including in scheduled sessions) from whom they wish to receive information/content. Where the Model accepts the Guests into a Model-Guest Chat Session ('HGCS'), the Application enables the Model to connect through the internet with the computer of the Guest and provide information/content via audio/video (and text) chat. A Guest may also elect to chat via audio/video (or text) directly to the Model. In certain cases, more than one Guest can be connected to a certain Model at the same time It is clarified that every HGCS shall be subject to a Model-Guest Agreement, including with respect to the services provided by any Model to you under the terms of such Model-Guest Agreement in such HGCS using the Chat System and/or the Application or other Site services/features subject to such Model-Guest Agreement (all of the foregoing, the 'Model Services'), all as is more fully detailed in the Model-Guest Agreement entered into by the Model and each Guest at the commencement of each HGCS.
4. It is clarified that all such Model Services are provided solely by and are the sole responsibility of the applicable Model, and that the Operator is not the provider of any such Model Services to any Guest. On the Site, you are able to purchase from the Operator, in accordance with these Terms & Conditions, Smokingfetish.CamTogether.com Credit. Smokingfetish.CamTogether.com Credit expires 30 days from the date of purchase or after such shorter period as may be set out in these Terms & Conditions, at which time any funds used to purchase Smokingfetish.CamTogether.com Credit shall be forfeited to the Operator and shall not be refunded. It is clarified that neither Smokingfetish.CamTogether.com Credit will grant you any rights and/or credits to any of the Site's affiliated sites; and that Smokingfetish.CamTogether.com Credit is solely a payment method and does not constitute a good, service or right in itself.
5. These Terms and Conditions comprise the entire agreement between the Operator and you, superseding any prior agreements between the Operator or any predecessor Operator and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, as well as any Model-Guest Agreement in connection with your receipt of Model Services. The Operator, acting as agent on behalf of any particular Model or any and all Models who are or may be registered on the Site as Models during the applicable period of time (the 'Community of Models') shall vigorously enforce all these rules and regulations.
6. These Terms and Conditions contain disclaimers (including inter alia at Sections 7, 8, 9 and 10) as well as exclusive remedy provisions (including inter alia at Section 8).
7. The Operator may, from time to time, change the Terms and Conditions. In addition, the Operator may, from time to time, in its capacity as agent of the Community of Models, change the form of Model-Guest Agreement, including with respect to billing by Models and payment of Models by Guests by way of redemption of Smokingfetish.CamTogether.com Credit. You agree to review the Terms and Conditions, the applicable Model-Guest Agreement and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, the applicable Model-Guest Agreement or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Model Services following any change to the Terms and Conditions, the applicable Model-Guest Agreement or the relevant rules and regulations, constitutes acceptance of all such changes.
8. You acknowledge and agree that the Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the site occur, it is the sole responsibility of the parties involved.
9. Campaigns - The Operator in its capacity as agent of the Community of Models may change any campaign rules at any time, with no prior notice needed, even without cause. All campaigns are subject to these Terms and Conditions.
10. You acknowledge and agree that the Operator does not and cannot control the information and content transmitted by Models or the information and content transmitted by you in any HGCS.
11. If you wish to register as a Member, you acknowledge that you will be required to comply with the Operator Models – Agency and Facilitation Services Agreement and all requirement contained therein, including, but not limited, to any federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all content that contains visual depictions of actual or simulated sexually explicit conduct, including obtaining and keeping all records necessary to demonstrate that you comply with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual (including yourself) appearing in any content on the date of the production of that content and make available to Operator all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75. In respect of 18 U.S.C. 2257, please see our 2257 statement which you can also reach via our home page.
12. The Operator makes the Site available to you at the request of, and in its capacity as the agent of, the Community of Models. As such, whilst you may access some parts of the Site for free, certain parts of the Site (including participation in any HGCS) and some of the features and services thereon are not necessarily free of charge, and may be subject to a Model-Guest Agreement.

2. Member's Account and Account Information

1. You certify to the Operator, both on its own account and in its capacity as agent of the Community of Models, that: (1) you are at least 18 years of age; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you will provide all other information or verification as we require from time to time; (4) you are permitted by the laws of your jurisdiction to join the Site and to view any materials or contents available on the Site and to use any functionality provided by our Services; and (5) you are able and willing to make payment (where required) to view any materials or contents available on the Site that you wish to view. Please note that if you do not meet all the requirements in this section, you must not access or use the Site. You hereby agree to provide the Operator with true, complete and up-to-date information regarding your registration and billing information. Any Guest providing the Operator with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any HGCS, and may be subject to civil and criminal liability.
2. Every new Guest chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
3. It is clarified that the Operator owns all screen names used on the Site.
4. You hereby acknowledge and agree that the Operator may collect certain information and data from your computer which will enable it to recognize some of your personal details and to improve the fraud prevention of the Operator’s websites.
5. You also agree to provide the Operator with a valid email address for Site verification purposes and for services quality assurance. This means that the Operator can send you verification emails and also emails from the message center which any Model has requested that the Operator convey to you. By becoming a registered member in Smokingfetish.CamTogether.com, you agree to receive commercial emails from Smokingfetish.CamTogether.com about the services and products of the site and its partners.
6. You are solely and entirely liable for all of the activities on the Site, including in any HGCS, conducted through your account. Please note that as a Guest you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions or under any Model-Guest Agreement, your username or your password, to any other person or entity. You must promptly inform the Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
7. If you previously had an account on the Site, we did not suspend or terminate that account for breach of this agreement or any other agreement between you and Operator;
8. You are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone;
9. We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
10. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Site and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. We will obtain your consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications.
11. In the event you encounter any objectionable content, including Prohibited Content as detailed in these Terms, in an HGCS or on the Site or find any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, sex trafficking; rape or torture etc.), please report it immediately to us. You acknowledge that our content moderation and content removal practices are detailed below in these Terms. Please note that while reviewing notices, we will prioritize notices submitted by Trusted Flaggers (“Trusted Flaggers”, under the EU Digital Service Act, are individuals granted this status by the Digital Service Coordinator of relevant EU Member State).
12. If you have any questions or concerns regarding the Models, their security or their well-being, or regarding the transmission of Forbidden Content in an HGCS and/or MMCS or any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.). You are required to report IMMEDIATELY to the Company's Customer Service Department: info@usersupportteam.com
13. Guests who are not permitted to continue to use the Site or participate in any HGCS may not access the Site or receive any Model Services without the prior express written permission of the Operator.
14. Cancellation of your Guest account:
    You may cancel your Guest account on the Site, at any time, by going to: Smokingfetish.CamTogether.com/unsubscribe. In all cases of cancellation of your Guest account you will remain liable for all payments due on your Guest account as well as any liabilities arising from these Terms and Conditions or any Model-Guest Agreement. In case of cancellation of your Guest account for any reason, any outstanding Smokingfetish.CamTogether.com Credit that you have will immediately expire and be forfeited to the Operator, and no such payment previously made to purchase Smokingfetish.CamTogether.com Credit will be credited or reimbursed to you.
15. Termination of your Guest account:
    The Operator reserves the right to cause you to cease using the Site and/or participating in any HGCS, at any time, and may delete your Guest account. Furthermore, in the event that the Site and/or the provision of Model Services is terminated or suspended, all Guest accounts (of all kinds) will be terminated immediately without any prior notifications from the Operator. In any such case, you will remain liable for all payments due from your Guest account as well as any other liabilities arising under these Terms and Conditions or any Model-Guest Agreement. In case of cancellation of your Guest account for any reason, any outstanding Smokingfetish.CamTogether.com Credit that you have will expire and be forfeited to the Operator, and no such payment previously made to purchase Smokingfetish.CamTogether.com Credit will be credited or reimbursed to you.

3. VIRTUAL ITEMS

1. The Site includes virtual items, including but not limited to Smokingfetish.CamTogether.com Credits (“Virtual Item(s)”) that you may either purchase from the Site for “real-world” money or acquire from us as part of a promotion to access certain content offered by Hosts through the Site. All transactions and interactions between users facilitated through the Site are agreements between the Guest and the Host.
2. Although we facilitate transactions and interactions between you and Hosts by providing the Site and acting as a payment intermediary, we are not a party to any agreement or arrangement that might exist between you and a Host, and we are not responsible for any transactions or interactions between you and Hosts. Hosts are solely responsible for determining (within the Site’s pricing parameters) the pricing applicable to transactions and interactions and the Content to which a Guest may access or purchase.
3. You acknowledge all the following:
1. All Virtual Items created through the Services are solely and exclusively belong to us.
2. To the extent we do not automatically own any Virtual Item, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual Items, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world.
3. If you have any rights to Virtual Items that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (1) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual Items, (2) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual Items, and (3) to exercise any and all other present or future rights not yet known in Virtual Items. Subject to these Terms, we grant you a limited license to use the Virtual Items, subject to the limitations and other terms set out in these Terms, through your own Account solely for your personal use of the Services.
4. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from the Company or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with your account or stored on the Services. Accordingly, you may not sublicense, trade, sell or attempt to sell Virtual Items, or anything that appears or originates in the Services, for "real" money, or exchange Virtual Items for value of any kind outside of the Services, without Company's written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you, any such transfer, sell, purchase, or attempted transfer, sell or purchase is prohibited and void. We retain the right to manage, regulate, control, modify and/or eliminate Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Virtual Items are subject to change without notice. In addition to the foregoing, we may selectively remove or revoke Virtual Items associated with your account at our sole discretion.
5. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize.
6. We do not recognize any purchase or transfer made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the Users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
7. We accept payment for Smokingfetish.CamTogether.com Credits through our third-party payment processor using the payment methods identified on the Site at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method.
8. You hereby agree to give your payment card details to our payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds for any later price reduction or promotional offering. You are responsible for checking the price before making a purchase.
9. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. We will charge your payment method for the price listed plus any other amounts for applicable taxes, bank fees, and currency fluctuations.
10. Smokingfetish.CamTogether.com Credits expire 30 days from the date of purchase or after that shorter period as might be set out in these Terms.
11. You have no interest in any Virtual Items appearing or originating on the Site, or any other attributes associated with the Site or stored within the Site, other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items as part of the Services.
12. On the cancellation, closure, blocking, or termination of your account for any reason, any outstanding Virtual Items associated with your account will immediately expire.
13. You are responsible for all sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a purchase, you will be responsible for those taxes or fees if they are later found to be payable on that purchase. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
14. Please note that you may tip Hosts through the Site. You acknowledge the following about tipping:
• Tipping is not required to use the Services;
• You tip at your option and own risk;
• You must only tip using the Site’s gifting function;
• You must not tip Host by any means of payment other than through the means provided on the Site;
• Tips are a voluntary gratuity and must not be given in exchange for specific services;
• Promising to tip in exchange for performing any specific act is prohibited and will result in an immediate and lifetime ban from the Site; and
• Tips are chargeable when made—we will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.

4. Charges, Billing and Payments

1. The Operator does not charge Guests any basic fee to use the Site or to download or use the User Software. However, Models may charge Guests for Model Services and other features on the Site, in accordance with the terms of the applicable Model-Guest Agreement. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
2. Recurring option - In the event of an offer resulting in recurring billing, as clearly displayed on the site, you may cancel that offer at any time via your member’s page or alternatively by contacting Customer Support directly.
3. You are (and the Operator is not) responsible for all charges associated with connecting to the Site.
4. Refunds
   The basic policy of the Operator (in its capacity as agent of the Community of Models) is not to arrange for any refunds from Models to Guests unless specific extraordinary circumstances apply. In some cases, the Operator (in its capacity as agent of the Community of Models) may issue refunds to Guests that approach the Operator, in the form of Smokingfetish.CamTogether.com Credit.
1. It is clarified that Model Discount Club are provided by Models to Guests, and the Operator does not charge any party for use or facilitation of any such Model Discount Club.
2. Refunds can't be made by cash or check.
3. Please note that in the case of cancellation or other closure or termination of your account, all Smokingfetish.CamTogether.com Credit will immediately expire and be forfeited to the Operator, and you will not receive any or other reimbursement.

5. Smokingfetish.CamTogether.com Content

In order to enable the Community of Models to provide Model Services through the agency of the Operator and to facilitate the provision of agency and facilitation services by the Operator to the Models, you agree as follows:

1. You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Model Services. All such information and content is either owned by the Operator or the various Models (as the case may be) and is subject to any agreement as to ownership thereof between the Operator and the Models). Any content provided by you is hereby licensed by you to the Operator pursuant to Section 4(C) below, and you shall have no claims, demands or suits in this respect.
2. It is clarified that the Operator does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Model Services (including in any HGCS) or other features of the Site. However, the Operator shall have the right to remove content. In addition, the Operator shall be entitled to cause you to cease using the Site and obtaining any Model Services, and to terminate your Guest account immediately, in the event that the Operator deems that any content transmitted in an HGCS in which you participated or any content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms and Conditions.
3. All materials on the Site, including pursuant to the provision of any Model Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Operator. If you believe that any material or content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and entering a Video Chat room you grant the Operator the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content. You hereby warrant and represent that any content submitted by you is not infringing on any third party rights, including any intellectual property and publicity rights.
4. The names "Smokingfetish.CamTogether.com" and "Smokingfetish.CamTogether.com" are protected by trademark law as are other brand names on the Site.
5. Please note that some of the features of the Site and Model Services may contain content that is inappropriate for minors. You acknowledge that the Operator cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Model Services, in advance. Therefore, the Operator shall not be held liable for any of the content provided by Guests and/or Models on the Site or pursuant to provision of the Model Services. However, the Operator may, at its sole discretion, choose to monitor some or all of the content.
6. It is hereby clarified that in any event that the Operator decides that any conduct by a Guest restricts or inhibits any other Guest and/or Model, person or entity from using or enjoying the Site or any Model Services, the Operator shall be entitled to cause you to cease using the Site and obtaining any Model Services, and to terminate your Guest account immediately.
7. Please note that the Site and Model Services may contain content that is inappropriate for minors, therefore the access by minors is strictly prohibited. If we become aware that you are a minor and you use our Services, we will terminate your account immediately without prior notice.
8. The access to our Site is not recommended to persons who might be sensitive to adult entertainment content and any eventual access to the Site by these person will be their sole responsibility.
9. The Operator hereby grants you a single, limited, personal, nontransferable, non-sublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Site for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content or material on the Site.
10. If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the content or materials in breach of this agreement, your right to use the Site will terminate immediately, and you must, at our option, return or destroy any copies of the material or content you have in your possession. No interest in the Site or any material or content on the Site is transferred to you, and Smokingfetish.CamTogether.com reserves all rights not expressly granted. Any use of the Site not expressly permitted by these Terms can be deemed by the Operator as a breach of these Terms and might violate copyright, trademark, and any other applicable laws.
11. You are hereby committed to use the Site and any Model Services for lawful purposes only. Under no circumstances will you use the Site and/or any Model Services and/or your account to do the following:
1. Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
2. Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Guest and/or Model and/or user of the Site or any other person or entity;
3. Disturb any other Guest and/or Model while on the Site;
4. Impersonate any person or entity, including but not limited to a minor or an official representative of the Operator;
5. Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Model Services any materials advertising any business other than the Site; or
6. Seek to obtain any password, account, or private financial information from any Guest and/or Model.

6. PROHIBITED CONTENT AND MODERATION – DIGITAL SERVICES ACT (FOR EU USERS ONLY)

   1. We have implemented various measures to counter the presence of illegal and Prohibited Content on our Site to ensure compliance with European Regulation 2022/2065, known as the Digital Services Act (“DSA”).
   2. Prohibited Content: By using our Site, you understand that we implement and use content moderation mechanisms in order to prohibit the following categories of content (referred to as “Prohibited Content”):
   1. Illegal activity: content promoting or facilitating illegal activities, including violence, terrorism, drug use, or hate crimes;
   2. Hate speech: content that attacks a person or group on the basis of race, ethnicity, religion, nationality, disability, sexual orientation, gender identity, or other protected characteristics;
   3. Harassment and bullying: content intended to intimidate, threaten, or abuse another person. This includes cyberbullying and doxing;
   4. Child sexual abuse content (CSAM): content depicting the sexual abuse of a minor. We have zero tolerance for CSAM and will report all instances to the authorities
   5. Violent threats: content that threatens violence against an individual or group;
   6. Copyright infringement: content that violates intellectual property rights, such as unauthorized streaming of copyrighted material;
   7. Misinformation and disinformation: spreading demonstrably false or misleading information particularly regarding public health of safety;
   8. Spam and malicious content: unsolicited commercial messages, phishing attempts, or malware distribution;
   9. Promotion of self-harm: content that encourages or glorifies self-harm or suicide.
   3. We encourage you as well as any members and Models to report any Prohibited Content that violates these Terms by using the designated notice tools within our Site.
   4. Prohibited Content: We shall employ either automated, semi-automated tools, or human to identify and verify any material, content or information provided by you or Models on the Site that could potentially infringe these terms.
      However, you understand and agree that we may not be able to identify all Prohibited Content and we make no warranties to you regarding any Models or members’ content. We reserve the right per our own discretion and at any time, to remove, refuse to share, transmit, upload, display or publish any material, content or information provided by you or the Model for the purpose of enforcing these terms, or for any other reason deemed by us.
      We take our content moderation obligations very seriously and we ensure at all time that our employees receive adequate guidelines and training on how to handle and respond to your notices and complaints. In this regard, we have implemented escalation processes to ensure that any notices or complaints are appropriately reviewed and, if necessary, escalated to the relevant department for further investigation and action. This escalation process aims to uphold the integrity of the content moderation system and address any issues promptly and effectively.
      Having said this, you accept that we do not guarantee the accuracy, completeness, or timeliness of our moderation efforts.
   5. Content Removal: You acknowledge that we provide you and the Model with effective mechanisms to report any Prohibited Content (e.g., report button, through the customer service live chat and internal system email) shared, transmitted, uploaded, displayed or published within our Services. By reporting the alleged Prohibited Content, it shall assist us in promptly identifying illegal material, including Prohibited Content. You acknowledge that we will review all reported alleged illegal content and, where applicable, take the necessary action to remove it if it violates our Terms, based on the nature of your complaint, which may include, among others, removing the Prohibited Content, issuing a warning to you or the Model, or suspending/banning Model's or your account. If we accept your complaint and identify any Prohibited Content or any illegal content that violates our terms, we will promptly remove it and notify you of our actions via e-mail or your account.
      In case we have found that a user of the Services utilizes its account to disseminate manifestly illegal content, including Prohibited Content, we reserve the right to suspend their access to the Services for a reasonable period of time, as will be determined on a case-by-case-basis, taking into consideration relevant factors such as prior posts, the nature of the content, and other pertinent circumstances.
      You acknowledge and agree that we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any material, content or information on the Service. In this regard, by acknowledging this, you waive and release us from any liability associated with disclosing data to such law enforcement entities.
   6. Complaint Handling Procedure: You acknowledge and agree that you may lodge a complaint against any of our decision related to: (a) any action taken against you, your account, or any material, content or information that you attempted to or uploaded on the Services; (b) any notice you submitted for content reporting or removal.
      In this regard, you understand that the deadline for submission of a complaint is six (6) months after notification of the respective decision has been communicated to you.
      You have the option to lodge a complaint via the email linked to your account or the email address provided in the applicable decision notification. You understand that your complaint must contain adequate information for us to conduct an investigation, including an explanation of why you believe your complaint is justified. Failure to provide sufficient details may result in the rejection of your complaint.
      Please note that we will review all complaints in a non-discriminatory, non-arbitrary, diligent and timely manner. Note that your complaints will always be subject to human review. We may reverse previous decision if the complaint sufficiently demonstrate that, inter alia: (a) the alleged material, content or information did not in fact violate applicable law, third party rights or these terms; (b) our prior decision was unjustified, disproportionate in any other manner.
   7. Misuse and Abuse: By submitting any material information on our Site, including any report alleging illegal content or complaint on the Site for content moderation, you agree not to abuse such feature or misuse our systems. We will promptly issue notification letters where legally required if we identify any abuse of our reporting mechanisms or misuse of our Site.
      You acknowledge and agree that any abuse or misuse of any mechanisms, systems or processes within our Site may result in appropriate action, including but not limited to the suspension or termination of your account, for example if your notices or complaints sent are manifestly unfounded, without prejudice of a first warning when legally required.
      You recognize that misuse or abuse encompasses various behaviors, such as: (a) repeatedly submitting unfounded notices or complaints regarding illegal or improper content, including Prohibited Content, particularly over a specific timeframe or for purpose of harassment, intimidation, or any other malicious intent and so regardless the content’s legality; (b) intentionally circumventing geographic or other restrictions to access, distribute, share, or post content; (c) generating a substantial number of reports lacking sufficient or valid information compared to the total notices or complaints made within a set period; (d) repeatedly infringing our terms.
      Before undertaking any necessary actions in response to misuse or abuse, we will evaluate each case individually. This evaluation will take into account factors such as the nature, frequency, context, and potential harm caused by the misuse or abuse.
      In case a user of the Site abuses the notice or complaint-handling mechanisms, we reserve the right to suspend their ability to utilize such mechanisms.
   8. Out-of-court Dispute Resolutions Mechanisms: In case you reside in the EU, you have the right to choose a dispute resolution body, that have been certified in accordance with the DSA, to assist in resolving disputes related to our decision on your uploaded content, notices or complaints that you submitted to us.
      We may, however, decline our co-operation with your chosen Dispute Resolution Body if: (a) the dispute has already been resolved by court or another dispute resolution body; (b) you have contacted the dispute resolution body after six (6) months from our decision notification without previously using our complaint handling mechanism.
      You acknowledge that per the DSA any decisions taken by such dispute settlement bodies shall not be binding on either you or us.
   9. Point of Contact for matters related to the DSA: In accordance with the DSA, privacy@usersupportteam.com is the designated, single point of contact for communications with recipients of the Site offered herein, as well as for the European Union Member State authorities, the Commission, and the Board for the Digital Services. Please conduct all communication in English.

7. PROMOTIONS AND CAMPAIGNS

   From time to time The Site may make certain promotions and Campaigns available to its Members. It is clarified that promotion and/or Campaign eligibility and duration is determined at the site's sole discretion. Promotion and/or Campaign offers are subject to the Member's purchase limitations and refer to online purchases only. Promotion and/or Campaign offers refer to Site credits only.
   
   Any Member who commits fraud, violates The Site's acceptable usage policy or whose account is terminated shall be disqualified from participation in the promotions and/or Campaign and will not be entitled to receive any bonus credits and/or awards. The Site is entitled to amend the Campaign rules at its sole discretion and/or cancel the Campaign at any time, without any prior notice, and you agree that you shall not be entitled to any compensation in such cases. Participation in any Campaign may limit eligibility for participation in future Campaigns. The Site may at its sole discretion require any Member who participates in the promotions and/or Campaign to provide it with authenticating documentation. The Site is entitled to amend the promotion and/or Campaign rules at its sole discretion and/or cancel the promotion and/or Campaign at any time and you agree that you shall not be entitled to any compensation in such cases. Participation in any promotion and/or Campaign may limit eligibility for participation in future promotions and/or Campaigns.
   New Member offers/Campaign. Any special credit and/or campaign offer for new Members will only be available for Members who have no previous paying accounts with Smokingfetish.CamTogether.com and/or its associated network sites. New Members who sign up to Smokingfetish.CamTogether.com using a non-existent and/or disposable email address will not be eligible to use any special credit and/or campaign offer made available to new Members.
   The Site reserves the right to revoke any bonus credits and/or awards in the event it finds that credit was used and/or acquired due to a system error and/or illegitimate actions. The Site reserves the right to terminate any promotion and/or Campaign at any time, at its sole discretion without any prior notice.

8. EMAILS AND SPAM

   AS A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE OPERATOR MAINTAINS A STRICT POLICYFORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THEOPERATOR OR THE SITE – SOLICITED OR UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE OPERATOR ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM POLICY". We do allow Guests to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Operator causing you to cease using the Site and obtaining any Model Services, and terminating your Guest account immediately. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies – Smokingfetish.CamTogether.com/anti-spam-policy.

9. BOOKMARKING

   The Site is designed such that a user wishing to visit portions of the Site potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and Conditions and/or any Model-Guest Agreement. You hereby agree that use of such bookmarks to enter into the Site constitutes acceptance of the Terms and Conditions and any applicable Model-Guest Agreement.

10. DISCLAIMER OF WARRANTIES

    THE SITE AND ANY Model SERVICES UNDER A Model-GUEST AGREEMENT ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY Model SERVICES OR THE ABILITY OF THE SITE OR ANY Model SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (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 DERIVES FROM THE USE OF THE SITE OR ANY Model SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE OPERATOR IN THE SITE AND ANY Model SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY Model SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY 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, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SITE OR ANY Model SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PR OPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY Model SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY Model SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY Model SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

11. LIMITATION OF LIABILITY

    IN NO EVENT WILL THE OPERATOR OR ITS AFFILIATES OR SUPPLIERS OR THE OPERATOR'S/ITS AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR 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 SITE OR ANY Model SERVICES, EVEN IF THE OPERATOR OR ANY Model WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY Model SERVICES OR YOU HAVE ANY DISPUTE WITH THE OPERATOR OR ANY Model IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE Model SERVICES (AND UNINSTALL THE USER SOFTWARE).
    IN ANY CASE, COMPANY'S TOTAL LIABILITY TO YOU, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US OVER THE SIX MONTHS PRECEDING YOUR CLAIM.

12. THIRD PARTY LINKS AND PRODUCTS

    via or in connection with the site and the communication services 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 services. we are not responsible for and do not endorse (a) the content of such third 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.

13. PATENTS

    Streaming may be covered by, among others, one or more of U.S. Patent Nos. 6,766,376; 7,716,358; 8,122,141; 8,185,611; 8,327,011; 8,364,839; 8,595,372; 9,762,636; 9,742,824; 9,729,594; 10,567,453; 10,298,638; and 10,298,639, based on claims of patent holders.

14. ADULT ACTIVITIES (Live Sex Chat Category)

    PARTS OF THIS SITE AND COMMUNICATION SERVICES ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS (INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE Model SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
    "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE. I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE Model SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE Model SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."

15. RESTRICTED LOCATIONS

    the site and Model services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. without derogating from the above, the operator may restrict or deny access to the site to guests in any country or location at any time at its sole discretion, and shall not be held liable in any way by any guest (including in connection with loss of Smokingfetish.CamTogether.com credits) in such respect.

16. INDEMNIFICATION

    You shall indemnify and hold the Operator, the owners and operators of the Operator and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Operator in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Operator including without limitation on the Site or via the Model Services. Such claims shall include, without limitation, claims in respect of any violation of law in any HGCS.

17. NOTICES

    Notices by the Operator to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Operator may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.

18. SEVERABILITY

    To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.

19. WAIVER

    No employee, agent or representative, including without limitation any customer service representative, of the Operator or any Model shall be entitled to waive any term of these Terms & Conditions.

20. HEADERS

    Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.

21. GOVERNING LAW

    This Agreement shall be governed by and construed and interpreted solely in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws. The authorized courts in the Principality of Andorra shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity and/or termination. You agree that you shall not bring a claim arising out of this agreement or access or use of the Site more than one year after the cause of action arose.