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MODEL-MEMBER AGREEMENT

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  1. This Model-Member Agreement ("Agreement") constitutes a legally binding agreement between each Model ("Model") who uses the certain Agency and Facilitation Services provided by I.M.L. SLU, a company organized under the laws of the Principality of Andorra (the "Company") via Smokingfetish.CamTogether.com (the "Site"), and each Member ("Member") who chooses to receive information/content ("Services") from such Model via chat in any Model-Member Chat Session ("HGCS"). By entering into or participating in any HGCS, or obtaining any other Services through the Site, you expressly agree to be bound by all of the terms of this Agreement.
  2. Role of Company: It is clarified that, other than as stated in Section 4 below, including in connection with selling credit to Members which may be used to purchase Services from Models ("Smokingfetish.CamTogether.com Credit"), the Company acts solely as the agent of, and service provider to, any and all Models who are or may be registered on the Site as Models during the applicable period ("Community of Models"), and shall not be or be deemed to be contracting on its own behalf with any Member.
  3. Amendment: The Company, in its capacity as agent of the Community of Models, shall be entitled to amend this Agreement at any time by amending it on the Site. By entering into the Site or using the Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement as it appears on the Site.
  4. Smokingfetish.CamTogether.com Credit

    1. Smokingfetish.CamTogether.com Credit is made available by the Company for purchase by Members in order to purchase Services from Models. The price of Smokingfetish.CamTogether.com Credit is displayed to the Member upon purchase thereof.
    2. Where charges for Services provided to Members by Models are expressed in this Agreement and/or on the Site in terms of Smokingfetish.CamTogether.com Credits, the Model is deemed to charge the Member US $1 for each Smokingfetish.CamTogether.com Credit redeemed by such Member in paying for such Services, however the Member is permitted to pay such amount solely by way of redemption of the equivalent amount of Smokingfetish.CamTogether.com Credit purchased from the Company.
    3. Smokingfetish.CamTogether.com Credit may be purchased by Members solely from the Company through the payment methods offered from time to time on the Site. Payments by Members to Models may be made solely by way of redemption of Smokingfetish.CamTogether.com Credit through the mechanisms provided on the Site.
  5. Model Charges

    1. Model may charge the following credits per minute based on her discretion- 0.98, 1.49, 1.99, 2.49, 2.99, 3.49, 3.99, 4.49, 4.99, 5.49, 5.99.
    2. Model shall not be required to charge Member the highest per-minute-charge.
    3. Available rates may change at any time upon the company’s sole discretion.
  6. Taxes: All Model Charges set out in this agreement are inclusive of any indirect taxes that may be chargeable (including value added taxes and goods and services taxes) in accordance with applicable law. Models are solely responsible and liable for any taxes chargeable as a result of provision of Services by such Model.
  7. Information/Content

    1. Model and Member both declare and represent that he/she is at least 18 years of age and of legal age in such person's jurisdiction (21 years where required under applicable law).
    2. Members and Models are entirely responsible and legally liable for all information/content provided by such Member or Model in any HGCS. Without derogating from the above:
    3. Member and Model undertake that all information/content provided by such Member or Model in any HGCS shall satisfy the local laws and regulations applicable to such Member or Model, including laws and regulations of the EU and the United States.
    4. Member and Model represent that each possesses all necessary intellectual property rights, interests, and licenses in connection with any information/content transmitted in any HGCS.
    5. Member and Model undertake to ensure that all participants in any HGCS 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.
    6. Member and Model undertake not to cause or permit the image of any other person (excepting other persons who are registered as Models or Members) to be transmitted in any HGCS.
    7. Without derogating from any other provision of this Agreement, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden in any HGCS: bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations (actual or depicted), incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, defamatory, abusive, obscene, threatening, racially offensive, or illegal material, and any conduct which may be judged "obscene" by the standards of any Member's or Model's community. Member and Model undertake to consult a local attorney at law in order to get advice on where Member's or Model's community draws the line on obscenity.
    8. Member and Model undertake to report IMMEDIATELY to the Company's Customer Service Department regarding any case of the transmission of any forbidden content mentioned above in an HGCS or any other forbidden activity, including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.
  8. Miscellaneous

    1. To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
    2. Headings of sections in this Agreement are included for convenience only and shall not be used to interpret the Agreement.
    3. This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra.
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