SpankHub, operated by SpankHub and residing at 6740 Fallbrook Ave Ste 202, West Hills, CA 91307, (the "Website") is a provider of online, interactive video, audio, and live content. Please carefully read through these Terms and Conditions (the "Terms") prior to registering for a membership or becoming a subscriber to Webcams.com. The Terms constitute a binding legal agreement (the "Agreement") between SpankHub and persons who decide to become subscribers to the Site (the "Members" or "You"). This Agreement is subject to change at any time and changes are effective upon posting. Your use of this Website after changes have been posted shall constitute your acceptance of the amended terms. Only adults are authorized to use this Website and services related to this Website.
1.1. The parties to this agreement (the "Agreement") are You, the User or Member of this Website, and (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Website; the term "You", "Your", “Free Member”, “Paid Member”, "Member" or "User" is used to refer to You, the user or member. The terms "You", "Your", and "Member" may be used interchangeably and nevertheless refer to both Members and Users of this Website.
1.2. You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting on the Website with an updated date of the revised Terms and Conditions, or via hyperlink to the Website.
2.1. All materials, including messages, and other communications, contained at the Website are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained at the Website do not violate any community standards or any federal, state or local law or regulation of the united states or any other country. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of the Website or place any orders for any goods or services advertised at or in the Website.
2.2. You hereby acknowledge and represent that you know and understand that the independent broadcasters are not under the control of Company with regard to what they elect to broadcast, except for guidelines and principles of the Website, and by using this Website, you acknowledge that a broadcaster has fairly broad discretion with regard to the material a broadcaster elects to broadcast which may include explicit visual, audio, and/or textual depictions of nudity and sexual activities. To the extent you encounter such content, you acknowledge that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to the company that with respect to this type of content, you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing.
2.3. You further represent and warrant that you have read all of the Terms and Conditions of this Agreement and that your acceptance of these terms and conditions constitutes a unequivocal request on your part to receive, in whole or in part, sexually explicit material from a broadcaster via the Website and that you have not notified any governmental agency that you do not wish to receive sexually oriented material.
2.4. You further represent, affirm and warrant that you are currently over the age of eighteen years (twenty-one (21) in places where eighteen years is not the age of majority) and are capable of lawfully entering into this agreement in the jurisdiction of your residence and present location.
2.5. You represent and warrant that all information supplied to the Company, including Your name and email address, is accurate. You acknowledge and agree to provide to the Company, upon request, verification of information submitted by You.
2.6. You agree that your use of the Website, and use of all services provided on, in, at, through or in association with, the Website, will, at all times, be for personal and non-commercial purposes only.
2.7. You acknowledge that all materials on this Website including all performances by broadcasters are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed use of such materials to the Company and your recording or download of such materials for commercial use or other distribution will violate such intellectual property laws. You agree to indemnify Company and its broadcasters from and against any and all damages and costs, including attorney's fees and costs arising from or related to your violation of such intellectual property rights.
2.8. You agree that you will not use the Website on behalf of any other person or entity and that any and all passwords and accounts You use in, on, or in association with the Website and/or goods and services related thereto, are personal to You and are not transferable.
2.9. You acknowledge and agree that all offers and use of the Website and all materials and services available in, at, through or in association with the Website are void where prohibited by law, regulation, rule or custom.
2.10. You acknowledge that You understand that the Company does not authorize access to any part of the Website in any manner contrary to the express provisions of this Agreement.
2.11. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use any materials available at or through the Website in a manner or place not expressly authorized by the Company.
2.12. You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Website to or by any person, INCLUDING YOU, who is located in any area where such material is prohibited.
2.13. You hereby acknowledge and agree that Company does not authorize access to any parts of the Website in any manner that bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs, video viewers or other materials inside the Website or directly access files designated as part of the Website except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
2.14. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Website in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in areas not authorized by your level of membership, in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
3.1. Any recurring subscriptions renew every 30 days until cancelled. To cancel, please contact our customer service at 1-866-257-3471 or visit this link
3.2. The fees may change from time to time upon electronic notice to you. Please review the available subscription plans and prices set forth on the Website.
4.1. Members can cancel their membership by visiting the customer service area of the Website. Our customer service agents can also be reached via emailing at [email protected] Monday-Friday 9am-6pm Pacific Standard Time.
4.2. Company may terminate Member's membership and corresponding access to the Website at any time with or without cause by sending notice to Member at the email address Member provided in Member's application for membership or such other email address as Member may later provide to Website. Failure to provide Company an accurate email address shall be deemed a breach.
4.3. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Member agrees that Company shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Website or services provided thereon.
5.1. This Website is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this Website and shall not use the Website for any purpose including but not limited to: including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial e-mail to members, sending advertisements for other websites and services in this Website's chat rooms, or using member personal identifying information for commercial purposes ("Prohibited Acts"). Prohibited acts shall also include:
a. Any activities that are considered illegal according to your local community standards;
b. Allowing anyone under the age of 18 to access the Website;
c. Allowing other people to login and use your account;
d. Impersonating other users, Website administrators or law enforcement officials;
e. Misrepresentation of gender;
f. Fraudulently acquiring a subscription;
g. Any activity that promotes other adult companies or platforms.
5.2. Illegal and/or unauthorized uses of the Website, including the Prohibited Acts will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Company's sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, Company may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail
6.1. By posting content to any public area of Website, you automatically grant, and you represent and warrant that you have the right to grant, to Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
6.2. You are solely responsible for the content that you publish or display, including all communications (hereinafter, "post") on the Website, or transmit to other Company members, even if a claim arises after termination of your membership. The following is a partial list of the kind of content that is illegal or prohibited on the Website - content that:
a. violates any copyright, trademark, privacy rights, right of publicity or other rights of any person or entity;
b. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
c. violates any federal, state, or local law in the United States or anywhere else in the world,
d. ridicules, intimidates, embarrasses, disturbs, creates unwanted attention or discomfort, causes distress, harasses or advocates harassment of any other Member or any other person or entity;
e. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
f. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
g. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
i. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
j. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
k. engages in commercial activities and/or sales without our prior written Company consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
l. Any activity that promotes other webcam websites or webcam platforms.
m. Any activity that is obscene, including without limitation, bestiality or any simulated or implied sexual acts with animals, any activity that involves blood, violent acts or torture, insertion of inappropriate foreign objects into physical orifices, or any acts that may be deemed to be obscene according to your local community standards.
n. Violates the USA Patriot Act.
6.3. Company has the right to immediately terminate your membership, your access to the Website and all material you have posted to the Website if you post contact or engage in communications on the Website that is prohibited.
6.4. This Website is intended to, and to the fullest extent possible shall be interpreted to, fall within the immunity from liability for content provided by third parties and members under the Communications Decency Act and nothing in this Agreement is intended to waive, remove, or circumvent such immunity. Member acknowledges and agrees that Company may delete any content, messages, photos or profiles (collectively, "Content") that in Company's sole judgment violates this Agreement or which might violate the rights, harm, or threaten the safety of Company and/or its Members. Company may investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions.
6.5. Your use of the services on the Website, including the posting of your profile, must be consistent with any and all applicable laws and regulations.
6.6. For your protection, you may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
6.7. All information Member posts in his or her Member profile must be accurate, current and complete. A Member may use a screen name in any publically accessible profile.
6.8. Member acknowledges that a Member's profile (and the contents thereof) is not private and may be searchable by third-party publicly available search engines or by Members of affiliate websites of Company.
7.1. Member agrees that (i) Member will not use any robot, spider, other automatic device, or manual process to monitor or copy Website's web pages or the content contained herein without Company's prior express written consent; (ii) Member will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Website; and (iii) Member will not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
7.2. Members may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service.
7.3. Members will not transmit any chain letters or junk email to other Website members.
7.4. Members shall not use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
7.5. Member shall not "stalk" or otherwise harass any person.
7.6. Member will not express or imply that any statements you make are endorsed by Company without Company's express prior written consent.
7.7. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
7.8. You will not interfere with or disrupt the Services or the Website or the servers or networks connected to the Services or the Website.
7.9. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7.10. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
7.11. You will not "frame" or "mirror" any part of the Service or the Website. You also shall not use meta tags or code or other devices containing any reference to the Website or the services provided by the Website in order to direct any person to any other website for any purpose.
7.12. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the service of the Website or any software used on or for the Service or cause others to do so.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by others without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if anyone believes that their work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Website including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows: [email protected]
It is the intention of Company to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
9.1. Members understand, acknowledge, and agree that some of the initial user profiles posted on this Website may be fictitious, and are associated with our Website Guides, ("Guides"). The Website's Guides work for the Website in an effort to stimulate conversation with users, in order to encourage further and broader participation in all of our Website's services, including the posting of additional information and/or pictures to the users' profiles. The Guides, together with customer service, serve to sample user activities and communications to ensure compliance with our Terms and Conditions. Members understand, acknowledge, and agree that the information, text, and pictures contained in the Guides' profiles do not pertain to any actual person, but are included for the purposes above stated and for entertainment only. Nothing contained in any Guide profile is intended to describe or resemble any real person - living or dead. Any similarity between Guide user profile descriptions and any person is purely coincidental. Please also note that a single Guide may be associated with more than one (1) profile on our Website.
9.2. Members further understand, acknowledge, and agree that, from time-to-time, Guides may contact both Members via computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Website's services and/or to monitor user activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Guides will contain the uniform designation "Guide" to notify the user that a message has been received from a Website Guide. In the event the user responds to a Guide message, either via email or Instant Message, the user may receive one or more additional personal or form responses from the Guide. Members understand, acknowledge, and agree that no physical meeting will never take place between Members and our Guides, and that the exchange of messages between Members and Guides is for entertainment purposes, as well as to encourage further or broader participation in our Website's services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a Guide (or another user).
9.3. We reserve the right to utilize Guides in connection with other features of our Website, either now existing, or to be developed in the future. Members understand, acknowledge, and agree that any involvement or communication with Guides shall be subject to the conditions, limitations, and acknowledgements contained in this Section and elsewhere in this Agreement.
9.4. Nothing contained in this Section shall create any right to, or expectation of, interaction between users and Guides. Any question regarding Guide participation on our Website should be directed to our Customer Service Department.
Company does not solicit or control the information provided by other Members that is made available through our system. You may find other Member's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at various other places throughout the Website. Please also use caution, common sense, and safety when using our Website. You are solely responsible for your interactions with other Website members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Website, you release Company, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Company reserves the right, but has no obligation, to monitor disputes between you and other members.
The Website may provide, or third parties may provide, links to other websites as a resource to our Members. Because Company has no control over such websites and resources, you acknowledge and agree that Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such website or resource.
Company, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website service, whether caused by broadcasters, users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Website service whether online or offline. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of Member information or unauthorized access to, or alteration of, user and/or member communications. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Website service. Under no circumstances will Company, be responsible for any loss or damage resulting from anyone's use of the Website or the service and/or any content posted on the Website or transmitted to Website Members. The Website and the service are provided "AS-IS" and Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Company cannot guarantee and does not promise any specific results from use of the Website service.
13.1. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Company service, even if Company has been advised of the possibility of such damages. You further agree to hold Company, including its officers, directors, agents, subsidiaries and employees harmless for claims, costs or fees, including reasonable attorney's fees, arising out of or related to another Member's profile being offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, Company 's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the service during the term of membership.
13.2. Members acknowledge that the Website provides electronic facilities for Members to communicate with each other, but that the Website undertakes no responsibility to monitor or control such communications between Members, and therefore assumes no responsibility for the content in such communications. Members are warned that communications with other Members may be made public by other Members and Members should act accordingly in their communications on this Website. Members hereby further agree to hold Company, including its officers, directors, agents, subsidiaries and employees harmless for any claims, costs or fees, including reasonable attorney fees arising out of or related to such communications, including without limitation, liability for invasion of privacy, defamation, false light, and related torts.
As a responsible member of the cyber community, Company maintains a strict policy forbidding any third party from sending any sort of promotional emails on behalf of the Company or the Website that violate the Can-Spam Act. To make things even clearer for everybody, WE HAVE A ZERO TOLERANCE FOR SPAM. Moreover, the company itself only sends emails to persons who have registered on the Website.
Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Website and all services 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 Website; (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 Website; and (iv) any warranties of merchantability or fitness for a particular purpose. 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 Website will be free of infection by viruses, or anything else manifesting contaminating or destructive properties, or (2) that the functions performed by the Website will be uninterrupted or error-free or that defects in the Website will be corrected. It is your sole responsibility to execute anti-contamination/virus software and otherwise take steps to ensure that the Website, if contaminated or infected, will not damage your information or system.
19.2. You acknowledge that neither Company nor Website prescreens the Members or verifies the accuracy of descriptive information posted on the Website by Members. In the event you elect to share any personal information with another Member or arrange to meet another Member, you agree to take full responsibility for such activities and further agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, arising out of or related to such sharing of personal information or meeting another Member.
21.1. Any notice required or permitted herein may be given by email to the Member at the email address provided by Member when Member registered as a Member, as may have been updated by Member notifying Company in writing, and to Company at: [email protected], or as an alternative with respect to Member, may be given by certified mail, postage prepaid and return receipt to the address provided by Member when Member registered as a Member, as may have been updated by Member notifying Company in writing. Notice shall be deemed given on the day following when the email is sent and five (5) days after the date of mailing. Company shall have fully discharged its responsibilities for notice herein by delivering notice to such email or mailing addresses and shall have no responsibility to undertake an investigation of new addresses if Member provided an incorrect email or mailing address or failed to update their addresses if such addresses changed.
21.2. These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you.
21.3. 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 these Terms and Conditions will continue in full force and effect.
21.4. No employee, agent or representative, including without limitation any customer service representative, of the Company shall be entitled to waive any term of this Agreement. Company's failure to promptly act with regard to a breach of this Agreement by a Member shall not constitute a waiver of such breach or any other breach by Member.
21.5. Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.
21.6. This Agreement may be assigned by Company, in its sole discretion, to a third party. In the event of such assignment, Member hereby consents and authorizes Company to transfer his or her sign up information and credit card information to such assignee for the sole purpose of implementing the terms of this agreement including purchasing of memberships and authorizes such assignee to charge such membership or other member purchases at this Website to Member's credit card on file with Company.