Terms and Conditions of Use
Last modified date: September 24, 2020
1. Your Agreement
Before you entered, we also required you to attest under oath that you are an ADULT. You told us you are an adult and we have collected the IP address from where you acknowledged you are an adult, as we take the matter of your legal age very seriously.
YOU MUST BE AN ADULT TO USE THE GarçonCam WEBSITE. YOU MUST BE AT LEAST AGE 18 or the age of majority in your jurisdiction, whichever is older (the Age of Majority). IF YOU ARE NOT THE AGE OF MAJORITY, YOU MUST LEAVE THIS SITE NOW. YOU ARE NOT LEGALLY PERMITTED ON GarçonCam FOR ANY REASON AND IF WE FIND YOU ON THIS SITE WE WILL REPORT YOU TO LAW ENFORCEMENT.
You understand and agree that GarçonCam has ZERO TOLERANCE for minors accessing the https://www.garconcam.com/ Platform and that goes for anyone accessing our Platform and then pretending to be a minor in some misguided attempt at role-playing.
GarçonCam has ZERO TOLERANCE for any image of any minor being uploaded to our Platform and we reserve the right to AND WE DO report ANY suspected minor on our platform to all law enforcement agencies in your area and in each case we report to the National Center for Missing and Exploited Children.
If you suspect that someone you encounter on our Platform is a minor, we strongly suggest and request that you report that person by using our "Report Link" or by going to https://pinklabel.com/en/contact and telling us what you saw.
We reserve the right to modify these Terms. You are responsible for reviewing and becoming familiar with any modifications. Modifications are effective when posted, and your use of the services following any such posted modification constitutes your acceptance of the Terms as modified.
These Terms contain disclaimers and exclusive remedy provisions and we collected your IP address and time that you made the decision to be bound by our Terms. If you at any time decide you do not like these Terms or do not agree with them, you MUST IMMEDIATELY EXIT THE GARÇONCAM PLATFORM and not access our Platform again for any reason.
2. Our Service, the Platform
A. General Information. https://www.garconcam.com/ (the "Company","GarçonCam", or "us", "we", "our" or "ours") operates an online social networking platform (the "GarçonCam Platform" or "our Platform") designed to enable consenting adults to express themselves via streaming video and chat (each, a "GarçonCam Member"). We do NOT produce any of the broadcasted content, but are merely in the business of providing a platform that enables individuals (each, a "GarçonCam Guest") to access and share live video and audio content and interact with other GarçonCam Guests and Members, as further defined within these Terms and conditions of use. The live interactive video and audio content may be, at the GarçonCam Member’s discretion, of an adult nature.
GarçonCam Members who are age-verified and able to broadcast their live video streams through our Platform are "Independent Broadcaster(s)” and are subject only to the bare rules and restrictions imposed by GarçonCam in order to comply with applicable laws, community standards and safety rules. Beyond that, Independent Broadcasters produce broadcasts if and when they desire and they set their own rules for other GarçonCam Members and Guests who view their broadcasts. Independent Broadcasters are, in all respects, not subject to any direction from GarçonCam with regard to their broadcasts and are fully able and free to use other camming platforms whenever they want or even at the same time they are broadcasting on our Platform.
We allow for the uploading, sharing and viewing of adult content, including sexually explicit images of live performances streamed live or posted by Independent Broadcasters. You are allowed to view this material subject to these Terms. Note that https://www.garconcam.com/ merely arranges the technical, organizational and contractual framework required to provide and access content. https://www.garconcam.com/ therefore functions as a technical platform that allows you to view content posted by other Users and Independent Broadcasters and to engage with the Independent Broadcasters during their live and interactive performances.
B. GarçonCam Guests. Any adult person accessing the GarçonCam Platform may see graphic depictions of explicit sexual activity, genitalia, nudity and hetero-sexual, homosexual, bi- sexual activity and individuals engaged in acts of sexual fetishes.
By accessing the GarçonCam Platform you are expressly acknowledging that you wish to see such sexually explicit materials and that these materials conform with the standards of your community.
As a GarçonCam Guest, you may purchase tokens issued by GarçonCam (hereinafter, "Tokens") to spend on our platform, for example to tip Independent Broadcasters.
C. GarçonCam Member. You become a "GarçonCam Member" when you open an "Account" by providing certain information and personal data to us, which allows you to "chat" as well as to buy Tokens to spend on our platform, for example for tipping Independent Broadcasters. As a GarçonCam Member you may also purchase premium membership status and (such as "Gold Membership") and Entrepreneurial Generated Content-"EGC" as that term is defined below.
D. An "Independent Broadcaster" is someone who contributes "EGC" and is eligible to receive Tokens in their Accounts from other GarçonCam Members and Guests, either as gifts or as quid-pro-quo consideration for (accessing) a private show or for performance of specific acts or behaviors.
E. Prior to your use of the GarçonCam platform in any capacity and certainly before you engage in any monetary transaction with us, it is imperative that you understand and agree to the division of services between the companies we refer to as "Surecom”, "Granity” and "TLE”. To that end, the Site is brought to you by Surecom Corporation, NV ("Surecom"), a Curaçao corporation operating as 'https://www.garconcam.com/' and under the trademark 'GarçonCam'. Surecom owns the platform you are accessing and all the GarçonCam intellectual properties. Surecom’s accounting, management and direction of GarçonCam is performed in its offices located in the country of Curaçao. Surecom provides the technical, organizational and contractual framework required to provide and access live and interactive content. Any services rendered to you by Surecom are limited to the provision of such live and interactive content services.
Any and all other services provided to you via the GarçonCam Platform are directly rendered to you by Granity Entertainment, DAC, a Dublin, Ireland corporation ("Granity DAC”) and TLE Opportunities LLC, a New York, US Corp ("TLE”) that, amongst others, provides access to static, non-live EGC on the GarçonCam Platform through memberships and services fees.
F. References to "GarçonCam" and "https://www.garconcam.com/" or any other "GarçonCam" URL or domain name owned by Surecom or a Surecom Affiliate are synonymous with Surecom Corporation, NV, and in the case of sales to EU residents of memberships, static video and other electronic services related to static content, synonymous with Granity Entertainment, DAC.
G. GarçonCam earns its revenues primarily via the sale of Tokens to GarçonCam Guests and GarçonCam Members. Tokens can be redeemed by:
- Gifting Tokens to Independent Broadcasters (‘tipping’);
- Paying Tokens to Independent Broadcasters as quid-pro-quo consideration for (accessing) a private show or for performance of specific acts or behaviors; and
- Paying Tokens to Granity Entertainment, DAC, as consideration for memberships, static video and other electronic services related to static content.
3. No Child Pornography
Those who choose to use the GarçonCam Platform are strictly prohibited from distributing, accessing, soliciting or discussing Child Pornography. You may not engage in any conduct or speech that intends, even if only in a "role-playing” scenario, to exploit any person under the Age of Majority.
IF YOU SEEK OR HAVE ANY INTEREST IN PEDOPHILIA OR PEDERASTIC CONTENT, YOU MUST IMMEDIATELY LEAVE THIS SITE. IF WE DISCOVER ANY EVIDENCE WHATSOEVER, INCLUDING ROLE PLAY, IN WHICH YOU ARE INVOLVED IN ANY SUCH ACTIVITY OR DISCUSSION, WE WILL REPORT YOU TO THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN AND LAW ENFORCEMENT AGENCIES WHERE YOU LIVE AND WE WILL BAN YOU FOREVER FROM OUR PLATFORM. YOU WILL ALSO BE REPORTED AND BANNED IF YOU ATTEMPT TO DISCUSS OR ARRANGE TO DISCUSS CHILD PORNOGRAPHY ON ANOTHER SITE. CRIMES AGAINST CHILDREN WILL BE DEALT WITH IN THE MOST AGGRESSIVE MANNER POSSIBLE.
As a GarçonCam Member using the GarçonCam Platform, please report anything that you think may violate this provision please report it to us immediately by using our "Report Link” or by going to https://pinklabel.com/en/contact and telling us what you saw. We will pursue the matter and take all the appropriate action to investigate, report to authorities and prosecute.
4. Your Account
A. In general. GarçonCam is a free website and if you are over the Age of Majority you may view live cams and spend Tokens, for example for tipping Independent Broadcasters, without creating an Account.
In order to access non-public areas of the GarçonCam Platform, so that you can access videos, join fan clubs and enjoy enhanced features, you must first create an Account and become a GarçonCam Member.
To create an Account, you must provide us with a valid email address and select a password and screen name, one which is not offensive to others and does not infringe on copyright or trademarks, and one that does not contain the numbers 11-17 or anything else that suggests you may be less than the Age of Majority or otherwise contributing illegal content.
If you are an Independent Broadcaster-and want to use the GarçonCam Platform to post your content, you must first create an Account, become a GarçonCam Member and provide us with additional, true and correct personal information, including age-verification documentation discussed below, along with your commitment to retain such documentation and provide us with it upon our request.
C. Correct information. The information you provide to us must be true and correct. If you provide us with falsified identification or any information that is determined to be untrue, your account will be terminated immediately and you may be reported to appropriate law enforcement agencies.
D. Security. It is imperative that you keep your password safe and secure and that you do not let anyone else use your Account. You are solely responsible for the activity that occurs on your Account, and you 1) agree to notify GarçonCam if you believe there has been the slightest breach of security or unauthorized use of your Account and 2) you will log out of your Account each time you stop interacting on the GarçonCam Platform. Please see Article 19 (Security) for more information on keeping your Account safe and secure.
F. License grant. As a User of the GarçonCam Platform, you are granted a limited, revocable and non-exclusive license to access the GarçonCam Platform for your own personal use and enjoyment. You may, but only with the express permission of another Account holder or Independent Broadcaster, link to, sell, download, or rent content made available via our Platform.
G. Studio Accounts. Any User may create a "Studio” account on our Platform by adhering to the rules for creation of a Studio Account found within the Webcam Studio Agreement here: Webcam Studio Agreement.
Independent Broadcasters are eligible to join a Studio by accepting a Studio’s invitation and adding their existing Account profiles. In that event, the Account ownership remains with the Independent Broadcaster who may thereafter resume their independent status if they desire. Any Independent Broadcaster account created by a Studio, while "owned” by the Studio, exists only for so long as that Independent Broadcaster remains active on the GarçonCam Platform-we don’t permit Studios to switch out Independent Broadcasters.
H. Shared Accounts. If an Account has more than one GarçonCam Member on it, the Member who created the Account is the owner of the Account and retains control over it. Any material changes must be done via primary email address associated with the Account.
I. Fan Clubs. Our Platform supports payment for fan clubs. If you are an Independent Broadcaster qualified to accept tips on our Platform you may create a Fan Club so long as we offer the Fan Club feature. The fee for admittance to any Fan Club is set and administered by the club’s Independent Broadcaster. When you purchase a membership to an Independent Broadcaster’s Fan Club it will renew monthly and your payment method will be re-billed monthly for as long as you remain a member of that Fan Club.
If you are the Independent Broadcaster hosting a Fan Club the features and benefits you offer your fans is entirely up to you. Of course, what you offer to GarçonCam Members must comply with the rules and regulations of our Site and these Terms. In addition to our right to recover losses generated by your Fan Club, we reserve the right, at our sole discretion and for any reason, to suspend your ability to maintain a Fan Club.
J. Private Shows. We offer GarçonCam Members the ability to view and engage with Independent Broadcasters in live, real-time interactive private shows in a number of different formats:
- Pay per minute: Charged per minute with the rate being set by the Independent Broadcaster providing the show;
- Fixed Rate: Independent Broadcasters can offer private shows for specific blocks of time for a set price (e.g. 10 minutes for XX Tokens);
- Group Shows: Independent Broadcasters can sell tickets offering a group show to enable private shows for a small group rather than an individual;
- Skype Billing: By connecting their Skype ID to their GarçonCam profile, Independent Broadcasters and GarçonCam Members can set up Private Shows in Skype. Payment for the show is made in GarçonCam Tokens billed automatically by our Platform.
Please note that Independent Broadcasters can add a password to control entry to a room and provide a show for one or more people over a specified time.
At the present time, we do not offer the ability to record private shows or provide them to GarçonCam Members- payment is for a "live” private, interactive show with no recorded copy.
K. Account termination policy. You may terminate any memberships on our Platform, or your entire Account, at any time by simply going to your My Account page. If you have difficulties, please contact our Customer Support at Support@https://www.garconcam.com/ . If you are able to provide the correct email address associated with your account and can prove ownership of the account, we will be able to assist you. At termination, your Account username and password will be deleted and may not be retrieved and any remaining Tokens will be forfeited.
We can and will terminate your Account, at our sole and exclusive discretion, if we find that you have engaged in activity that we think is illegal, abusive, fraudulent or in violation of these Terms, either by your conduct or by virtue of complaints concerning the nature of your submitted Entrepreneurial Generated Content "EGC”, as that term is defined below. In the event we terminate your Account, you will not have access to any part of the GarçonCam Platform, and we reserve the right to retain evidence of your conduct and report the offending conduct to appropriate law enforcement agencies.
In the event we terminate your Account for illegal, abusive or fraudulent conduct, or violation of these Terms, any Tokens balance will be forfeited.
Once your Account is terminated, we have no obligation to retain EGC (whether yours or content you received through use of our Platform), mail, chat or anything else connected to your Account.
L. Interactions with other GarçonCam Members. You use our Platform and interact with other GarçonCam Members at your own risk. You acknowledge and agree that we are not responsible for your decision to interact with anyone, in-person or otherwise, off the GarçonCam Platform. You acknowledge and agree that, as in any walk of life, it may be dangerous to meet and interact with someone you do not know is safe. You are strictly prohibited from using our Platform to meet with anyone for an illegal purpose.
You ARE ABSOLUTELY PROHIBITED from soliciting Independent Broadcasters or other GarçonCam Members for any unlawful purpose or act, OR for any paid sexual act, even if prostitution is legal in that jurisdiction. Any such solicitation is grounds for immediate account termination. WE DO NOT AND WILL NOT FACILITATE PROSTITUTION.
Remember too, any giving of Tokens, money or gifts you send to others directly, indirectly, on or off our Platform is done at your own risk and we will not get involved in any disputes between GarçonCam Members.
M. Disputes. We will not intervene in any disputes that originate or take place outside of our Platform. Consequently, do not send us records of chat or screen captures as we cannot and will not get involved in trying to verify them or sort your difficulties. Report only misbehavior occurring on our Platform to Customer Service at firstname.lastname@example.org. False reporting will result in deletion of your account.
5. Tokens, Token Usage and Payouts
A. Tokens. GarçonCam Members and Guests can purchase Tokens which may be used to tip Independent Broadcasters, purchase gifts for Independent Broadcasters, pay Independent Broadcasters a quid-pro-quo consideration for (accessing) a private interactive show or for performance of specific acts or behaviors and to buy memberships.
Tokens are not money. Tokens have NO redemption value (other than as Payouts to Independent Broadcasters per 5(C), below) and are merely a means of payment for your entertainment purposes on the GarçonCam Platform only. Tokens may not be traded or used as currency outside of the GarçonCam Platform. If you do so, your Account will be terminated and all Tokens forfeited.
We do not segregate Tokens or hold them in trust for you, and all Tokens may be commingled. Your Token balance is updated in your account and may be viewed at any time by logging into GarçonCam. Tokens you purchase are spent from your Account in the order received.
Unused Tokens are not eligible for any refunds except as expressly set forth herein.
Any Tokens not used within 6 months of purchase will expire and will be cancelled from your account.
GarçonCam may modify the number of Tokens held in your account for any reason, including but not limited to: purchases, refunds, chargebacks, fraud, customer support issues, account inactivity, credit card association or bank penalties or fines, or technical errors.
You agree that If we terminate your membership for breach of this Agreement you will not be entitled to any refund of any unused Tokens or subscription fees.
B. Token Usage. You may use your Tokens to tip Independent Broadcasters and to buy Gold Memberships, gifts and services from Independent Broadcasters as defined under A. above.
Tipping is 100% optional; you are not required to tip Independent Broadcasters. Tipping is not in anyway a consideration for any acts or services (to be) performed by Independent Broadcasters and tipping does not in anyway create an agreement between you and the Independent Broadcaster. Though not required, tipping is highly appreciated and you can do so at any level you deem appropriate. Once you tip an Independent Broadcaster, those Tokens are a gift and cannot be retrieved or returned.
Tips are gifts and not payments or bribes, so please do not send tips and then demand something in return, that's not fair to the Independent Broadcasters. You should review the partial list of Prohibited Content at Article 7B, as it is forbidden to ask an Independent Broadcaster to engage in any of these activities or to ask another GarçonCam Member to share such content with you. If you do so, your Account will be terminated and all your Tokens forfeited.
C. Payouts. Independent Broadcasters who have received Tokens through gifting or quid-pro-quo consideration for (accessing) a private show or for performance of specific acts or behaviors may redeem them in accordance with https://www.garconcam.com/'s rules concerning the redemption of tipped Tokens. If you are in default of your obligations, your tokens cannot be redeemed, or if you have redeemed your tokens and GarçonCam determines that you were not qualified to do so, your account will be fined the value of the tokens errantly redeemed.
Our Account Management Tool presents a visual representation of the potential redemption value of Tokens received by an Independent Broadcaster. We are not holding these amounts in trust or segregating these Tokens and we will only redeem them once we have confirmed the Independent Broadcaster has complied with all our legal requirements.
It is imperative that we have all the information we require for every person appearing on an Independent Broadcaster’s cam, no exceptions, or Tokens will not be redeemed.
As part of the redemption process, we will send your identification to our payment service providers in order to remain compliant with PSD 2 (Payment Services Directive or Directive (EU) 2015/2366) and/or any other such legal directives or Acts.
6. Entrepreneurial Generated Content ("EGC”)
A. In general. If you are an Independent Broadcaster you may submit live video and chat content to the GarçonCam Platform. This sort of content is collectively referred to as "Entrepreneurial Generated Content" or "EGC” and this term also includes photographs, biographies and recorded videos posted to the GarçonCam Platform by any GarçonCam Member.
B. Compliance with US Law Title 18 United States Code §2257. If you are subject to the United States federal laws governing your broadcast, performance, shared content or posts depicting actual or simulated "sexually explicit conduct” or "depictions of the genitals or pubic area” as those terms are defined in 18 USC §2256(2)(A)(i)-(iv) and §2257A you are considered the "producer” of this content and you are required to maintain the records described in 18 USC §2257 and post a 18 USC §2257 Record- Keeping Requirements Compliance Statement. Failure to comply with the provisions of this United States federal law may subject you to criminal prosecution. In connection with the EGC you stream, share or post to our Platform, you affirm, represent, and warrant that you will keep all documents required by 18 USC §2257 and §2257A, and 28 C.F.R. Part 75 for any and all individuals who appear on your cam or posts and will provide that information to us upon our request.
C. Ownership and licensing of EGC. All content you stream or submit to our Platform is and remains your property. You either own it outright or you have the necessary licenses, rights, consents, and permissions to use it and you authorize us to use all trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all your EGC to enable inclusion and use of it in the manner contemplated by the GarçonCam Site and these Terms.
By distributing your EGC through our Platform, you hereby grant GarçonCam a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display, and broadcast the EGC in connection with our service including, without limitation, to promote and redistribute part or all of the GarçonCam Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Guest of the GarçonCam Site (or any such alternate or additional media formats or channels) a non-exclusive license to access your EGC through the Site, and to use, display and perform such EGC as permitted through the functionality of the Site and under these Terms. The above licenses granted by you are perpetual and irrevocable.
D. GarçonCam is not liable for your content. GarçonCam operates a software platform- it is not in the business of producing cam shows and it does not undertake any obligation or liability relating to any content or activity on the Site. Our Platform is a user-driven interactive platform that contains content provided by Independent Broadcasters. As such, GarçonCam acts merely as a host provider lacking any editorial role and is merely a forum for the expression of ideas, thoughts, and information. GarçonCam is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is streamed, posted or shared on the GarçonCam Platform.
We expect that you comply with all federal, state, provincial and local laws when using our Platform and when submitting or posting EGC to the Site. If you are unsure whether or not your content will violate a law, you are urged to contact an attorney prior to posting it.
E. Section 230 of the Communications Decency Act. Because our Platform relies on content provided by Independent Broadcasters (over whom we have no editorial control other than bare minimums to assure compliance with applicable laws, safety of our GarçonCam Members and continuity of the GarçonCam Platform) and because we are not in the business of producing cam shows (we operate an online software platform), we embrace the protections afforded us by Section 230 of the Communications Decency Act. Essentially, Section 230 provides us with immunity from suit for content published through the GarçonCam Platform by GarçonCam Members and Independent Broadcasters.
F. No endorsement of EGC. We reserve the right to refuse, delete, move or edit any and all EGC that we deem is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by us is not to be construed as endorsement of any remaining content. You expressly agree that you will never assert that GarçonCam edits or amends any content for the purpose of establishing that we are a producer or author of any EGC viewed via our Platform.
G. Confidentiality. You understand GarçonCam does not guarantee any confidentiality with respect to any content streamed, shared or posted and that EGC is specifically intended to be viewed by any age-appropriate person viewing the GarçonCam Site.
H. WARNING about EGC you submit. We can make no guarantees that your EGC, posts, chats or streaming video has not been or will not be illegally copied or recorded and re-broadcast online or via another media. YOU ASSUME ALL RISK FOR CONTENT YOU SHARE ON OUR PLATFORM AND YOU HEREBY RELEASE AND HOLD US HARMLESS AND AGREE TO INDEMNIFY US against all manner of claims arising out of such activities, including defamation, copyright violations, invasion of your privacy and any other infringement of intellectual property rights.
I. Personal information. We cannot assure the privacy of your information you share on the GarçonCam Platform, whether by text, chat, images or live streaming video. We obviously cannot control the use by others of any of your information shared on our Platform, so please use caution when deciding what personal information you share.
J. Deleting EGC by request. If you want us to delete content you supplied to us, you may make that request to email@example.com. We will promptly remove the content you request we delete from your account and it will not be available to other GarçonCam Members- but if another GarçonCam Member has already acquired it before you requested deletion, we cannot remove it from that Member’s account. Your license to us of your EGC is not revocable.
7. Prohibited images/activities
A. In general. While we do not create or publish content, but rather provide a software Platform that allows others to share Entrepreneurial Generated Content "EGC”, we do reserve the right (but not the obligation) to refuse, delete, move or edit any and all EGC, content or activity that we deem to be in violation of the law (including trademark and copyright law), violates our Terms or is abusive, defamatory, obscene or otherwise unacceptable. We do this to maintain our Platform as a safe place for Users to express themselves. What follows is a brief list of content that will result in an immediate suspension or termination or of your account, and other potential civil and criminal legal action.
B. Prohibited Content. As you already know from the Terms above, child pornography is never allowed on GarçonCam and we do not ever allow children to be shown on camera in any capacity. This includes depictions of nudity or sexuality by an age-inappropriate-looking Independent Broadcaster (i.e., someone who looks younger than 18), regardless of their actual age or by anyone made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, setting or props. This limitation includes the mere discussion of minors. In the event of a breach of this rule, we will immediately report you to the National Center for Missing and Exploited Children (NCMEC) and any and all law enforcement that we consider appropriate in our sole and absolute discretion.
There can be no:
- actual or simulated minors, children, babies or unauthorized persons (persons for whom we do not have proper name and ID on file) on camera or in the same room;
- animated or cartoon images of underage or child sex;
- bestiality (sex, actual or pretend, with animals);
- person on cam who appears to be unconscious or sleeping, under the influence of drugs (legal or illegal) or alcohol, or who appears to be unaware of the presence of a cam;
- depictions of menstruation, feces or vomit;
- depictions of real or simulated rape, incest, necrophilia, bestiality (if you cannot do it without committing a crime, do not pretend to do it);
- depictions of violence, gun use, blood, torture, pain, erotic asphyxiation, rape scenes, fisting or any actions designed for physical or emotional harm;
- Offensive and degrading conduct such as the use of degrading or verbally abusive dialog, racial slurs, bigotry or hate speech;
- Illegal drugs (or drugs that may be perceived as illegal in other locations, such as medicinal marijuana) are strictly prohibited;
- images or actions that may be considered obscene or illegal in your community. Obscene materials include any actual or simulated rape, incest (and depictions of incest), child pornography (or any depiction of child pornography), and bestiality.
Remember, YOU are solely responsible for any content you post, and we will remove you from our Platform, terminate your account and take legal action (in our sole discretion), against anyone who violates the law or these Terms.
C. Prohibited activities. All content on our Platform is provided by others, Independent Broadcasters who determine for themselves when and if to broadcast or post EGC, and who set their own rules for doing so. GarçonCam does put minimum restrictions in place designed to comply with applicable laws and community standards, and for the safety of our Users. For example, but not by way of limitation, you may not:
- use our Platform for any unlawful purpose or in any way that subjects us to civil or criminal liability;
- broadcast recorded content (or any other type of non-interactive content). You may only give access to recorded video through your profile page;
- impersonate another or do anything to mask your own identity such as using fake profiles or header information or other mechanisms used to conceal your identity in any communication;
- solicit passwords or personal identifying information from other GarçonCam Members;
- threaten suicide or harm to oneself or others;
- harass, bully or invade the privacy of another person;
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- promote an illegal or unauthorized copy of another’s copyrighted work or provide information to circumvent manufacturer-installed copy-protect devices or provide pirated music or links to pirated music files or otherwise create or distribute unlawful copies of copyrighted material. This includes posting or requesting materials that either you or the party you are requesting them from do not have any legal right to possess.
- transmit "junk” mail, "chain letters” or unsolicited commercial email, "spam" or advertisements;
- include any file or data stream that contains viruses, worms, "Trojan horses" or any other malicious or destructive code or links to third parties;
- attempt to defeat any security features of the site or reverse engineer any code or content;
- alter or modify any part of our Platform or access GarçonCam content through any technology or means other than those authorized. You cannot use any robot, spider, crawler or other automatic device, or manual process or software to monitor or copy our web pages or content or to bypass or interfere with the proper working of the GarçonCam Platform;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- stream your GarçonCam EGC on any other cam site, under any circumstances, and you may not advertise commercial websites that offer live webcam streams, under any circumstances, on our Platform. Independent Broadcasters MAY mention their own profiles, homepages and wish-lists, and they are free to broadcast anywhere they choose, at any time.
- create an account in an attempt to circumvent a ban by us.
- promote or solicit business on our Platform for another cam site.
The above lists are not exclusive, and at any time, we may prohibit any activity that we determine, in our sole and absolute discretion, is inappropriate. We reserve the right to terminate or suspend your access to our Platform for engaging in any inappropriate activity.
You ARE ABSOLUTELY PROHIBITED from soliciting Independent Broadcasters or other GarçonCam Members for any unlawful purpose or act, OR for any paid sexual act, even if prostitution is legal in that jurisdiction. Any such solicitation is grounds for immediate account termination. WE DO NOT AND WILL NOT FACILITATE PROSTITUTION.
8. Avatars, Hentai, Manga
Animated erotica of any nature, as well as any other digitally created interactive images or cartoons may comprise Independent Broadcasters’ EGC, but such images must always comply with these Terms.
A. Streaming content (games). Independent Broadcasters are allowed and encouraged to stream video games or similar content, such as found on Amazon’s Twitch.
B. Appearances. If you are going to stream a game on cam, you must appear on cam at the same time along with the game or appear "picture-in-picture” using an external encoder.
10. Outdoor Shows
A. Rules. While outdoor broadcasting is encouraged, you must abide by our Content Outdoor shows follow the same guidelines and rules herein and in particular those rules concerning prohibited content and activities as found at Paragraphs 7B and 7C.
B. More rules. Children, babies and people under the Age of Majority are everywhere in the Great Outdoors. They MUST NOT appear on your cam feed as they are not permitted on the GarçonCam Platform at any time, in any way.
- Broadcasting from public locations is permitted, but anyone who is unaware they are being displayed or viewed on GarçonCam may NOT be on your cam; and
- Broadcasting from a car is permitted, provided that the car is parked and is not running or moving; and
- GarçonCam recommends that broadcasts do not cam from a height of more than 5’5” above ground, in order to avoid claims of invasion of privacy; and
- Broadcasting from playgrounds, schools, graveyards or churches is not permitted.
11. Fraud or Money Laundering
A. If an Independent Broadcaster or GarçonCam Member gives the impression or otherwise causes us to suspect money laundering or any other form of fraudulent activity, we will terminate and permanently ban any associated Accounts and initiate legal and criminal probes, without prejudice to any other legal remedy we may undertake.
B. GarçonCam will not tolerate the use of Tokens to perpetuate a fraud upon us, GarçonCam Members or Independent Broadcasters, and we will vigorously prosecute in the criminal courts any such attempts.
C. Independent Broadcasters are required to report all such suspicious activity, or the Independent Broadcaster may be considered complicit, and subject to Account deletion, Token and Tip forfeiture, damages and criminal prosecution.
12. Copyright and the Digital Millennium Copyright Act
We champion the rights of intellectual property owners and we do all we can to protect copyrights. If you believe that any content on our Platform infringes upon a copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").
A. Notice of infringement. To give notice under the DMCA, please provide our Copyright Agent with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right;
- A description of the copyrighted work or other intellectual property you think has been infringed;
- A description of where on our Platform the infringing material can be found;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- Your statement under penalty of perjury that the information in your notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Send your Notice to our designated DMCA Copyright Agent: Paul T. Eidsness, Esq. Eidsness Law Offices, PLC 1217 Cape Coral Parkway East, Ste 346 Cape Coral, FL 33904 EMAIL: Paul@Eidsnesslaw.com.
B. Counter-Notice. If you believe your EGC we removed per a DMCA notice is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to our DMCA Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, GarçonCam may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or GarçonCam Member the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
C. Repeat offenders. It is our policy to terminate the account of repeat copyright infringers. To that end, anytime a GarçonCam Member is found to have multiple notifications of claimed infringements, their Account will be terminated.
13. Privacy Rights
14. Representations You Make
Before we offer you our Platform and services, and as a material inducement for us to do so, you hereby affirm, represent and warrant to us that:
A. You are aware and you agree that you are solely responsible for your own EGC and the consequences of posting or publishing content.
B. You are familiar with your community’s standards regarding sexually-oriented material and that if you encounter content on our Platform that does not meet your community’s standards, you will leave our site immediately.
C. Any EGC you stream or upload is content YOU own as original work(s) or you have the necessary licenses, rights, consents, or permissions to use and you will not violate any civil rights of other GarçonCam Members or any third parties.
D. You will keep all documents required by Title 18 U.S.C. §2257 and §2257A, and 28 C.F.R. Part 75 as required by law for yourself and any other individuals who appear on your cam while broadcasting over our Platform and you will provide it to us upon request.
E. You understand that unless you have provided us with sufficient identification for all who broadcast on your cam, you will be ineligible to cash out any Tokens or tips received by you in association with your account.
F. You acknowledge and agree that GarçonCam plays no editorial role as to EGC and is merely a forum for the expression of ideas, thoughts, and information and that you will never assert that we edit or amend any content in your attempt to establish that GarçonCam is a producer or author of any EGC viewed on our Platform.
H. It is your desire to share your private and personal behaviors and to comment, rate, criticize, organize and recommend based on what you are exposed to by utilizing the GarçonCam Platform provided by GarçonCam, while inviting others to do the same; and
I. You further represent and warrant that you have not notified any governmental agency that you do not wish to receive sexually oriented material.
15. GarçonCam Member Indemnity
A. Indemnity is your obligation to pay us for losses you cause by your actions using our Platform. To that end, you hereby agree to indemnify and defend GarçonCam for and against any claims and losses, including reasonable attorneys’ fees and costs, arising out of your use of our Platform that violates the law or any of these Terms. This Paragraph creates an obligation on your part to protect us and it is a material inducement for us to provide the GarçonCam Platform for your use. As we have stated before, if you do not agree with this or any of our other Terms you must leave our Platform and not access it again.
B. For you folks in California, you agree to waive California Civil Code Section 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."
C. This defense and indemnification obligation will survive these Terms and your use of our Platform.
16. No Guarantee of Access and Benefits
We do not guarantee that you will be able to access or use any or all parts of this Site, and you agree that GarçonCam shall have no liability to you whatsoever for any such inaccessibility.
Specifically, the availability of any archived content, chat, shows or recordings are not guaranteed in any way. Archives, along with any other feature or benefit of this Site, may become permanently inaccessible for any reason and you agree that GarçonCam shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal due to such inaccessibility.
17. Uploading Videos for Sale on GarçonCam
GarçonCam has developed a means to allow you to sell access to videos of yourself online. This ability is found on GarçonCam under the offering called, "My Shop”. Of course, there are rules you must agree to in order to do this. Here are the Rules, please read them carefully as you will be asked to acknowledge you understand them prior to submitting your video. Video Upload Rules.
A. In general. How you handle your Account should be very important to you as it may save you a great deal of anguish and it may save us from having to take measures against you or other GarçonCam Members. Please read and pay attention to our requirements below that impact the security of your Account.
B. Underage. You will not allow any person below the Age of Majority to appear in any EGC you submit or allow any such person to access or use our Platform.
C. Access. You will not allow anyone to have access to your username or password and you will maintain the safety and security of your login information to prevent any unauthorized access. You must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password.
GarçonCam is not liable for your losses caused by any unauthorized use of your account and you specifically waive any such claim and agree to defend and indemnify GarçonCam against any such claims made against it by third parties.
D. Other’s Accounts. You will not attempt to, or actually use, anyone else’s Account. You may not transfer your Account to another person. You may not ask for another GarçonCam Member’s account information.
E. Confidentiality. You agree to keep all information contained on or provided through the GarçonCam Platform as private and confidential and agree not give such information to anyone without the permission of the person who provided it to you.
F. If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out off our Platform by clicking the logout button, and not to allow the browser to save or otherwise store your personal username and password.
G. Personal information. You will not reveal any personally identifiable information about any User or request any such information.
H. Sales must remain on the GarçonCam Platform. Independent Broadcasters may exchange information with GarçonCam Members, including contact information, but Independent Broadcasters MAY NOT use GarçonCam Members’ information to provide webcam shows or receive payments outside of the GarçonCam Platform. Any transactions entered into via the GarçonCam Platform, must be completed in exchange for Tokens and must comply with all obligations in their respective jurisdictions, including but not limited to charging, reporting and paying any sales tax, value added taxes or duties. In no event will https://www.garconcam.com/ be deemed the seller, exporter, or importer in the jurisdiction where the Interactive Broadcaster or a user resides or is deemed to reside nor will https://www.garconcam.com/ be liable for charging, reporting or paying any of such taxes or duties. If https://www.garconcam.com/ however does become liable for such taxes or duties by application of law, then https://www.garconcam.com/ is entitiled to recharge any costs to the Independent Broadcaster, either directly or by means of settlement through their Tokens balance, subject to the preference of https://www.garconcam.com/.
I. No advertising other cam sites. You may not advertise commercial websites that offer live webcam streams, under any circumstances; but Independent Broadcasters are allowed to mention their own personal profiles, homepages and wish lists whether on our Platform or another as they are independent of our control.
J. Only non-commercial use. You will only use the GarçonCam Platform for your personal enjoyment. Unless expressly authorized by GarçonCam, you will not commercially exploit, otherwise sell, reproduce in any manner or hyperlink this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) for any reason. Further, you are not allowed to reference the url (website address) of our Site in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the Site. You specifically agree to cooperate with us to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
19. CAN-SPAM ACT 15 USC §7703 et. seq.; Newsletters, Correspondence, and Opt-out Policy
We may send you e-mails or other notices regarding new services, promotions, or other information that may be of general interest. These communications may include transactional information, but they may also be of a commercial nature. We will ask your consent to send you commercial communications, and GarçonCam Members who no longer wish to receive materials from us may opt-out of receiving these communications by unsubscribing in their Account. We will comply with all requests for removal. Please be advised that we may need to send you information directly related to your Account, and usually at your request. For example – request to set a new password. In order to ensure you receive these important communications related to your Account, please add https://www.garconcam.com/ to your safe senders list. Our email policies and practices have been certified by Return Path.
20. Warranty Disclaimer
You agree that your use of our Platform is at your own risk. We do not warrant that the Site is available uninterrupted or error-free. TO THE FULLEST EXTENT PERMITTED BY LAW, GarçonCam DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GarçonCam PLATFORM. GarçonCam does not warrant or assume responsibility for any product or service advertised by a third party through the GarçonCam Site or any hyper-linked website, and we will not in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
21. Limitation of Liability
By agreeing to use the Internet services offered by GarçonCam, you agree that GarçonCam is immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act as to any content, and nothing in these Terms is intended to waive or diminish such immunity. IN NO EVENT SHALL GarçonCam BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF ITS PLATFORM, EXCEPT WHERE CAUSED BY OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE. TO THE FULLEST EXTENT PERMITED BY LAW, GarçonCam’S LIABILITY IN ANY CASE SHALL NOT EXCEED THE SUM OF $500.00USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that GarçonCam shall not be liable for EGC or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
A. Complaints/Requests for refunds. GarçonCam is dedicated to customer satisfaction; whenever possible we want to solve any problem or questions you have with any of our services. To report any issue with your use of our Platform or a problem with any other GarçonCam Member, or to ask for a refund or transaction reversal, please email us for assistance! firstname.lastname@example.org.
B. Disputes/Arbitration. You hereby agree that any disputes between us arising out of your use of our Platform will be resolved by binding individual arbitration and not in court. The English version of the UNCITRAL Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law, apply to these Terms. To commence an arbitration proceeding, you must send a notice to us at email@example.com. Payment and fees for the arbitration are governed by the UNCITRAL rules. The arbitration will be held in Curaçao and the law under which the dispute will be decided shall be the law of Curaçao. Neither party will be entitled to an award of its attorneys' fees or costs incurred in arbitration, except where the arbitrator has ruled that the other party's claim is frivolous.
To the fullest extent permitted by law, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, regardless of where you reside.
C. Entire Agreement. These terms plus any policies referenced herein or on the site represent the entire agreement between you and us. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.
D. Severability. These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect.