Effective date: May 7th, 2020
Last modified: February 6, 2018
1. Eligibility of
Users must be at least eighteen (18) years old to use the Website, unless the user’s jurisdiction’s age of majority is older than eighteen (18) years of age, in which case the user must be at least the age of majority in their jurisdiction. The Website may not be used where prohibited by law.
2. Grant of Use
Users are granted limited, non-transferable and non-exclusive rights to use, non-publicly display, and access the Website, including all content available therein (the “Content”) on their mobile device or computer consistent with these Terms.
This grant may be terminated by us at our sole discretion, for any reason and at any time, with or without prior notice. Upon termination, we may, but will not be obligated to:
- delete or deactivate user accounts,
- block user’s IP addresses and/or email or otherwise terminate their use of and ability to use the Website,
- delete and/or remove any of a user’s Submissions (defined below).
Users agree not to attempt to use or use the Website after such termination. On termination, the grant of a user’s right to use the Website will terminate, but all other parts of the Terms shall survive. Users acknowledge that the Company is not responsible to them or any third party for the termination of the grant of use.
3. Intellectual Property
The Website’s Content, excluding Third Party Content and User Submissions (defined below), but including other graphical images, text, music, photographs, software, videos, scripts and service marks, logos and trademarks contained therein (collectively “Proprietary Materials”), are licensed to and/or owned by us. All Proprietary Materials are subject to trademark, copyright, and/or other rights under the laws of the applicable jurisdiction, including international conventions, foreign laws, and domestic laws. We reserve all rights over our Proprietary Materials.
Except unless explicitly permitted, users agree not to distribute, modify, copy, transmit, publish, participate in the sale or transfer of, create derivative works of, or in any other way exploit, in part or entirely, any Content.
4. User Submission
Users are wholly responsible for all and any materials they submit, upload, stream or otherwise make available to the Website, including profile information, videos or any other communications (collectively, “User Submission”). User Submission can’t always be withdrawn. Users acknowledge that any personal information they disclose in User Submissions may make them personally identifiable and that any confidentiality with respect to User Submissions is not guaranteed.
Users will be solely responsible for all and any of their own User Submissions and all and any consequences of publishing, uploading, positing, or otherwise making them available. For any User Submissions, users warrant, represent and/or affirm that:
- They will not post, or allow others to post, any material that depicts individuals younger than eighteen (18) years old and that they have inspected and maintained written documentation, pursuant to U.S. law18 U.S.C. § 2257, which we comply with voluntarily (and whether users are subject to U.S. law or not) and other applicable, relevant and/or analogous laws, to confirm that all individuals in the User Submission are, in fact, older than eighteen (18) years;
- They have written release, consent, and/or permission from all identifiable individuals in the User Submission to use the likeness and/or name of all such identifiable individuals to enable the User Submission to be used for all uses envisaged by these Terms and the Websites.
- They have or own the necessary permissions, licenses, consents or rights to authorize us to use and use all trade secrets, copyrights, trademarks, or other proprietary rights in User Submissions for all uses envisaged by these Terms and the Website;
Users further agree that material shall not be submitted that:
- Is vulgar, obscene, unlawful, illegal, fraudulent, defamatory, harmful, libelous, abusive, harassing, invasive of publicity or privacy rights, threatening, ethnically or racially offensive, hateful, inflammatory, or otherwise inappropriate as decided by us at our sole discretion;
- Is protected by trademark or trade secret laws, copyrighted or otherwise subject to third party proprietary rights, including publicity and privacy rights, unless the user owns such rights or the rightful owner has given explicit permission to submit the material and to grant us all of the license rights granted herein;
- Impersonates any entity or person or otherwise misrepresents the user in any way, including creating false identities;
- Portrays illegal activities, depicts or promotes physical injury or harm against any individual or group, or depicts or promotes any act of cruelty to animals;
- Is unauthorized or unsolicited promotion, advertising, “spam” or any other form of solicitation.
- Would provide instructions for, encourage or constitute a criminal act, a violation of any party’s rights, or would otherwise create liability or violate any international, state, local or national law;
No control or ownership is claimed over Third Party Content or User Submissions. Users or third party licensors, as appropriate, retain all User Submissions’ copyrights and users are responsible for protecting those rights as appropriate. A global, royalty-free, non-exclusive, non-cancelable, perpetual, sub-licenseable license is irrevocably granted to us to publicly perform, reproduce, distribute, publicly display, modify, adapt, translate, publish, create derivative works of or otherwise exploit User Submissions for any purpose, including without limitation any purpose envisaged by these Terms and the Website. Users also grant other Website users the license and right to download, stream and display User Submissions related to their use of the Website and for other personal use. Users also irrevocably cause to be waived and waive against us and any of our users any assertions and claims of attribution or moral rights with respect to User Submissions.
Users warrant and represent that they have all the authority, power and rights required to grant the rights mentioned herein to User Submissions. Users specifically warrant and represent that they own the title to the User Submissions, that they have the rights to upload the User Submissions to the Website, and that uploading the User Submissions won’t infringe on any other party’s rights or their contractual obligations to other parties.
Users acknowledge that we may at our sole discretion refuse to block, remove, or publish access to any User Submission for any reason, or for no reason at all, without or with notice.
Without the other indemnification provisions herein being limited, users agree to defend us against any proceeding, suit, demand, or claim brought or made against us by third-parties that alleges that the user’s User Submissions or their use of the Website in violation of these Terms misappropriates or infringes any third-party’s intellectual property rights or violates applicable law and users will indemnify us for all damages against us and for reasonable attorney’s fees and other costs incurred by us relating any such proceeding, demand, claim or suit.
5. Website Content
Users acknowledge and understand that when they use the Website they will be shown content from various sources including content made available on the Website by other providers and through automation (collectively, “Third Party Content”) and that we are not responsible for and don’t control any Third Party Content. Users acknowledge and understand that they may be shown content that is not accurate, indecent, offensive, or otherwise unpleasant or may harm computer systems and, without limiting the other limitation of liability provisions in these Terms, users agree to waive any equitable or legal remedies or rights they may have against us with respect hereto.
No control over or ownership of Third Party Content is claimed. Third parties retain all rights to their content and they are responsible for protecting their own rights as applicable.
Users acknowledge and understand that no responsibility whatsoever is assumed for monitoring the Website for conduct or content that is inappropriate. If we choose to monitor such content at our sole discretion and at any time, no responsibility for such content is assumed, nor do we have any obligation to remove or modify any such content (including Third Party Content and User Submissions), and no responsibility is assumed for the conduct of others that submit any such content (including Third Party Content and User Submissions).
Without the provisions below on disclaimers of warranties and limitations of liability being limited, all Content (including Third Party Content and User Submissions) on the Website is provided to users “AS-IS” for their personal use and information only and users will not use, reproduce, copy, transmit, distribute, display, broadcast, license, sell, or otherwise exploit the Content for any other purposes whatsoever without the prior written consent of the relevant licensors/owners of the Content.
Users acknowledge that at our sole discretion we may remove, refuse to publish, or block access to any Content for any or no reason, without or with notice.
6. Conduct of Users
Users warrant and represent that all the content and information provided by them to us is current and accurate and that they have all necessary authority, power and rights to
- perform the acts required of them under the Terms
- provide User Submissions, and
- agree to the Terms,
Users hereby expressly authorize us to log, record and monitor any of their activities on the Website, including interactions with other users, streams, chats, messages, and User Submissions.
As a condition of using the Website, users agree:
- to abide by all applicable local, state, national and international laws and regulations;
- not to use the Websites for any unlawful purpose or in any way that is prohibited by these Terms;
- that they are solely responsible for all acts and omissions that occur as a result of their use of the Website;
- not to use the Websites in any way that exposes us to criminal or civil liability;
- to maintain the security of their login password and to be fully responsible for any and all use of their account;
- that all their User Submissions that they provide to us belongs to they and that they have the right and authority to provide it to us;
- not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Website;
- not to use or attempt to use any other party’s account on the Websites without authorization;
- not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
- not to use the Website to collect usernames and/or email addresses for sending unsolicited messages of any kind;
- not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information they transmit;
- not to “stalk” or otherwise harass anyone on or through the Website;
- not to post, link to, or otherwise make available on the Website any material 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;
- not to disable, circumvent, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Website or the content therein;
- not to “frame” or “mirror” the Website; and
- not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Website or any Content to any third party;
- not to reverse engineer any portion of the Website.
The right to take appropriate action against any user for unauthorized use of the Website is reserved, including the termination of any user’s use of the Website and criminal and civil injunctive redress. Any use of our computer systems and the Website not authorized by these Terms is a violation of the Terms and certain domestic, foreign and international civil and criminal laws.
7. Payments and Tokens
Users must buy “tokens” which they can use to give them full use of additional features on the Website. Token prices will be posted on the Website and may at our sole discretion change from time to time. Prices are subject to change and may change due to several reasons, including limited and special promotional offers. All payments, including for token purchases, must be made with a valid debit or credit card, the information of which may be kept on file by our credit card processing contractor (a “Filed Card”) or by us. Tokens fees must be paid before they can be used.
Before making a purchase, users may be asked to supply specific information to allow us to authorize and process the purchase, including without limitation, your address, name, card expiration date, card security number, card number and other information. Users warrant and represent that:
- the information they provide with that type of payment is correct and true
- they have the legal right to use the type of payment that is used
Users acknowledge that a third party may be used for facilitating or processing any payment and that by submitting their information they grant us the right to furnish the information to such third parties.
We reserve the right to terminate, cancel or refuse orders for any reason or time at our sole discretion. Without the foregoing being limited, we reserve the right to terminate, cancel or refuse orders due to service or product unavailability, errors in service or product’s price or description, or errors in the user’s order.
A user’s filed card may be charged for future purchases automatically. Users hereby authorize us and our agents (including payment processors) to charge their filed card for these payments on their behalf.
Users agree not to report as stolen, lost or fraudulent any type of payment which they have used for payment to us, for which they don’t have a good reason to believe is in fact stolen, lost or fraudulent. Users agree not to report as unauthorized any charge for any services or goods, including subscriptions, for which they don’t have a good reason to believe is in fact unauthorized. Users agree that, without good faith, in the event of any such report they shall be liable to us for such obligation or charge plus an additional $100 administrative fee. Liabilities specified in this paragraph won’t limit our rights or any other liability users may have for any other reason, including a breach of any other provision of the Terms.
If at any time a user’s rights to use the Website is terminated because due to a breach of the Terms, users will not be entitled to a refund of any portion of their tokens not used. In all other cases, these fees will be governed by additional terms, rules, agreements or conditions posted on the Website and/or imposed by any payment processing company or sales agent, as may be changed from time to time.
Without the foregoing being limited, we may refund user tokens at our discretion when technical problems arise with the Website or when a user has had a provably unsatisfactory private show. We will never however refund tokens when a tip has been given or when a user is spying on another user’s private show.
If inactivity is detected in a user’s account for a period i.e. the account was not used, nor were any tokens purchased, we reserve the right to terminate the user’s rights to use the Website at our sole discretion.
Users hereby expressly acknowledge, agree and accept that in such a case, any portion of their unused tokens is forfeited and cannot be recovered subsequently.
8. Services on Website
Users may use the Website in many ways which may change at our discretion. Chat sessions may be offered which allows users to chat with models and other users on the website while models’ video streams are viewed. A model may be “tipped” by using purchased tokens. Group shows may be offered where a model’s video stream can be viewed while users chat with the model together with other users, for a per-minute or per-second fee billed against the user’s purchased tokens in accordance with the rates published on the Website. Private shows may be offered where a model’s video stream can be viewed and users can chat with the model privately (although other users are able to spy without interacting), for a per-minute or per-second fee billed against the user’s purchased tokens in accordance with the rates published on the Website. Users may be permitted to spy on other users’ private shows with a model, for a per-minute or per-second fee billed against the user’s purchased tokens in accordance with the rates published on the Website. Users acknowledge that further services may be added or that some of the aforementioned services may be removed or modified at our discretion and that all such services will be in accordance with the rules published on the Website, as they may from time to time be modified.
Users acknowledge that if they engage in any activity that bills per-minute or per-second, they must exit these activities to stop the billing of the same. Users also acknowledge that if they deplete their purchased tokens while engaging in such activities, their ability to engage in such activities will stop. Prices may be rounded at our discretion.
Users acknowledge that other users and models may engage in any activities at their discretion while in accordance with these Terms and other regulations and rules published on the Website and pursuant to the Website’s functionality. Users acknowledge that models may decline to engage in any activities at their discretion. Without the general release provisions below being limited, if a user has any dispute with any of the models, the user acknowledges that such dispute is solely with said model and we are released from any liability.
10. Intellectual Property and Copyright Claims
The intellectual property rights of others is respected. Users may not infringe any proprietary informational rights, trademark or copyright of any party. Content we have reason to believe violates any of the intellectual property rights of others may be removed at our sole discretion and a user’s use of the Website may be terminated if they submit any such Content.
Repeat infringers. Our repeat-infringement policy allows for any user for whose material three effective and good-faith complaints have been received within a contiguous six-month period to have their grant of use of the websites terminated.
Although we are not subject to US law, we comply voluntarily with the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2) of the US Code. If any individual or company believes that any of their copyrighted material is being infringed on the Website, an agent has been designated to process claimed copyright infringement notifications. Notifications should be sent to help@StripChat.com or:
Notifications ineffective under the law or not relevant to us will not receive a response or action thereupon. An effective notification of claimed infringement must be in the form of a written communication that substantially includes the following:
- Identification of copyrighted work that is alleged to be infringed, together with a description of the work and where possible, a copy or the location of an authorized version of the work;
- Identification of material that is alleged to be infringing and its location, together with a description of the material and a URL or any other relevant information that will allow the material to be located on the Website;
- Contact information, including address, telephone number and email address;
- A statement that you believe in good faith that the use of the material complained of is not authorized by you, your agent or the law;
- A statement that the notification’s information is accurate and that under penalty of perjury that you are the legal owner or are authorized to act on behalf of the legal owner of the work that is allegedly infringed; and
- An electronic or physical signature from the copyright holder or an authorized representative.
If a User Submission is removed pursuant to a notification of claimed copyright infringement, the user may provide a counter-notification in the form of a written communication to the agent listed above and satisfactory to us in that it substantially includes the following:
- An electronic or physical signature;
- Identification of the material to which access has been disabled or that has been removed and the location at which the material was published prior to access to it being disabled or it being removed;
- A statement under penalty of perjury that you in good faith believe that the material was disabled or removed as a result of a misidentification or mistake of the material to be disabled or removed;
- Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of the courts in the address you provided, the Republic of StripChat and the location(s) in which the purported copyright owner is located; and
- A statement that you will accept service of process from the purported copyright owner or its agent.
11. Modification of Terms
The right to amend the Terms at any time are reserved by publishing such amended Terms on the Website. No other notification about any amendments are made to users. A user’s continued use of the Website after such amendments will constitute their acceptance of such amendments, regardless of whether they have actually read them.
12. Release and Indemnification
Users hereby agree hold us harmless and to indemnify us from all and any third-party expenses and claims, and damages, including attorney’s fees, arising from their use of the Website or from their breach of the Terms.
Should a user have a dispute with any third parties or other users (including models), they hereby release us, our agents, employees, officers and successors-in-right from damages, demands and claims (consequential and actual) of every nature or kind, unknown or known, unsuspected or suspected, undisclosed or disclosed, in any way related to or arising out of such disputes and/or the Website.
13. Limitations of Liabilities and Disclaimer of Warranties
Links to third-party websites which are independent of us may be contained in the Website. No responsibility is assume for the practices, privacy policies, or content of and no warranty or representation made as to the authenticity, completeness or accuracy of information contained in any third party websites. We do not have the ability or right to modify the content of any third party websites. Users acknowledge that we shall not be liable for all and any liabilities arising from their use of any third party websites.
The Website is published “AS-IS” and without any condition or warranty, statutory, implied or express. We specifically disclaim to the fullest extent any implied fitness for a particular purpose, warranties of merchantability, information accuracy, non-infringement, interoperability integration, or quiet enjoyment. We disclaim any warranties for any other harmful components including viruses in connection with the Websites. Some jurisdictions don’t allow implied warranties to be disclaimed, in such jurisdictions therefore, some of the aforementioned disclaimers may not apply to users insofar as they relate to such implied warranties.
Under no circumstances shall we be liable for indirect incidental, direct, consequential, special, or exemplary damages resulting from any aspect of use of the website, whether, without limitation, such damages arise from:
- a user’s use, misuse or inability to use the website,
- a user’s reliance on any website content,
- the suspension, interruption, alteration, modification, or complete discontinuance of the website or
- the termination of service.
These limitations also apply to damages incurred due to other products or services advertised or received in connection with the website. Some jurisdictions don’t allow some limitations of liability. In such jurisdictions therefore, some of the foregoing limitations may not apply to users.
We do not warrant that
- the website will meet users’ expectations or requirements,
- the website will be timely, uninterrupted, error-free, or secure,
- the results obtained from the website’s use will be reliable or accurate,
- the quality of any products, services, information, content or other material obtained through the website will meet your requirements or expectations, or
- any errors in content will be corrected.
Any content obtained through using the website is obtained at users’ own risk and discretion. Users are solely responsible for any damage to their computer systems or devices or loss of data that results from such content.
Users’ exclusive and sole remedy and right in case of dissatisfaction with the website or any other grievances shall be the termination of their use of the website. Without the foregoing being limited, in no case shall our maximum liability relating to or arising from users’ use of the websites exceed $100.
14. Choice of Venue and Law
These Terms as well as any cause of action, claim, or dispute that may arise between users and us are governed by the laws of StripChat without regard to conflict of law provisions. For any claim brought by a user against us, the user agrees to consent and submit to the exclusive and personal jurisdiction in, and the exclusive venue of the courts in the republic of StripChat. For any claim brought by us against a user, the user agrees to consent and submit to personal jurisdiction in and the venue of the courts in the republic of StripChat and anywhere else the user may be found.
15. General Terms
- These Terms, as amended from time to time, constitute the entire agreement between users and us and supersede all previous agreements between users and us and may not be modified without written consent.
- If any part of these Terms is determined to be unenforceable or invalid pursuant to applicable law, then the unenforceable and invalid provision will be deemed superseded by an enforceable and valid provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect.
- Our failure to enforce any provision of these Terms will not be construed as a waiver of any right or provision.
- These Terms are not sub-licensable, transferable or assignable by users except with our prior written consent, but may be transferred or assigned without restriction by us.
- Nothing herein will be deemed, nor is intended to confer remedies or rights upon any third party.
- The section titles in these Terms are for convenience only and have no contractual or legal effect.
- Users agree that we may provide them with notices by regular mail, email, or postings on the Website.
- As used in these Terms, the term “including” is not limitative but illustrative.
- If these Terms or any other documents between users and us are translated and executed in any language other than English and there is any conflict between the English version and the translation, the English version shall control.