A-Live-Psychic will provide access to a pay-per-minute /membership live video chat software program. A-Live-Psychic is the sole owner and holder of all copyright to the program.
A-Live-Psychic operates and continues to operate on its domain A-Live-Psychic.com which you have viewed and determined that you wish to operate one or more studios under the website whose link you followed to the A-Live-Psychic program.
THE PARTIES AGREE THE FOLLOWING:
You agree that you shall acquire limited operation of the A-Live-Psychic program as a studio manager. Each party shall remain independent of the other, nothing in this agreement shall constitute or be interpreted in any form as creating or forming the appearance of a joint venture, partnership or association, except that of a service provider to you as an independent contractor.
ABBREVIATIONS & DEFINITIONS
Agreement means this agreement and any amendments, additions and/or modifications which may be made from time to time.
Domain Name means the website whose link you followed to register or the domain /website you are assigned to by A-Live-Psychic.
Charge back means the sums withheld by and/or refunded by the billing processors and A-Live-Psychic in the collection of payments from your clients / customers to prevent losses due to fraud and/or refunds made directly due to the complaint of a clients / member of any website utilizing the A-Live-Psychic program.
Intellectual property means, without limitation, any intellectual property right, title and interest in the program and source code created for A-Live-Psychic under the name of A-Live-Psychic or any other name that A-Live-Psychic may use for its program.
Studio means the studio owner operator /manager must manage and maintain a minimum 4 active performers.
You / Your means the specific person /business /corporation /entity granted access to and operation of the A-Live-Psychic program under this agreement, whereby you acquire the right to use the A-Live-Psychic program, to provide streaming media content to customers/clients.
A-Live-Psychic program means any software developed by /for A-Live-Psychic which is used to run its program under the name of A-Live-Psychic Program or any other variation. Detail of which can be found at www.A-Live-Psychic.com
A-Live-Psychic allows you provide both live and non live content shared within the A-Live-Psychic video chat network.
A-Live-Psychic shall provide access to the A-Live-Psychic video chat software, pay-per-minute video chat system with features that may change from time to time.
Chargeback / Refund fees:
All local refund requests by customers of the entire network and also via payment processor will be granted at the discretion of A-Live-Psychic with discussion and after viewing said shows and chat logs. A-Live-Psychic decision is final.
Additionally all monies spent from fraudulent and or bad shows will be deducted from your studio accounts and also the performers, and all downstream persons.
The A-Live-Psychic video chat software program shall remain active operable and available for your performers on a month by month recurring basis unless terminated earlier according to the provisions allowed for in this agreement.
SERVICES PROVIDED AND OBLIGATIONS OF A-Live-Psychic
A-Live-Psychic shall provide you with A-Live-Psychic video chat software running on a server configuration chosen by A-Live-Psychic.
A-Live-Psychic shall activate your studio account within delay of approximately 1 day.
A-Live-Psychic shall maintain operation of the program related services on a continuous basis as provided for in this agreement.
A-Live-Psychic shall monitor the quality of the services in order to assure high quality of streaming, video and audio used in its streaming content.
What you must do to maintain the program service:
You shall operate your studio in accordance and in compliance with the terms and conditions of this agreement, including Acceptable Use Policy and you shall not carry on any activity which, in the sole discretion of A-Live-Psychic, would be harmful or detrimental to A-Live-Psychic or any of its A-Live-Psychic video chat software operators / website network.
You must manage, train and monitor your performers and ensure that they are fully aware of how to use the broadcast software, how to use block of time billing and how to convert free users into paying customers.
You must manage and maintain a minimum of 4 active performers that each log in and appear live online for a combined minimum 60 hours each and every 30 day period. Each performer must appear live online a minimum 15 hours every 30 day period. Failure to maintain this minimum studio requirement will result in studio termination /deletion and forfeiture of any studio account balance unless the studio also holds a webmaster account that has been open and active for a minimum of 90 days. Studio balance will be transferred into webmaster account prior to closure of the studio account and thereafter deemed to be webmasters funds and subject to webmaster terms & conditions. No notice of studio account closure need be given.
Any performer that does not login and appear live online for 30 days will automatically be disabled and unable to log into their performer account admin. Re-activation of the performer account may take up to 7 days from the date A-Live-Psychic receives a performer re-activation request via email. Re-activated performers must login and appear live online for a minimum 3 hours during the 7 days after re-activation, else the performer is disabled and the re-activation process repeats.
A-Live-Psychic does not allow your performers or studio /studio managers to promote verbally, textually or by any other means any website whatsoever anywhere in any chat room or on any blog or forum in the A-Live-Psychic network. Any instance of, or the breaking of this condition, will result in the instant termination of said performer and loss of this performers entire account balance and any monies relating to this performer in any studio or down stream studio account. No second chances.
You may promote your performers and they may promote themselves, in any and all forums, blogs within the network, as listed in the A-Live-Psychic forum. But do not promote any website whatsoever.
The same post or article may not be posted more than twice. These post should be about the performer themselves, self promoting to gain new visitors and paid chat shows. Your performers may choose up to 4 niches on registration thus enabling themselves to appear on many more websites with the A-Live-Psychic live video chat network.
You must pay your performers on time and in full, and use the studio administrator program correctly.
You must ensure the weekly completion of the chat schedule within the performer /studio area.
A-Live-Psychic shall pay commissions on or around the 1st & 16th of each month only when your account balance reaches a positive balance of $100.00 as $100.00 is the minimum payout amount. All payments with be in USD $ only and made via PayPal, Payoneer or Direct Bank Transfer at zero charge.
You shall not allow any illegal activity in any live video chat room or in any video, photographic content.
All communication from A-Live-Psychic and communications from you shall be in the English language only. Therefore, you agree that you shall use the English language, spoken and /or written, to communicate on any matter relating to or arising from this agreement.
WARRANTY AND ONGOING NOTIFICATION
A-Live-Psychic offers no express warranty to you, other than to warrant that A-Live-Psychic owns the rights to the A-Live-Psychic video chat software. A-Live-Psychic cannot and does not warrant that the content used with the program is compliant with all laws in force in every jurisdiction where the program may be used, since A-Live-Psychic has no control over what jurisdictions you will use its content /program. You accept that you are the sole party liable for any infringement of laws that may be applicable to the operation by you of the A-Live-Psychic video chat software program, and you further acknowledge that it is your duty to inquire and determine with your independent legal counsel whether or not the program can be used in full compliance with all applicable laws and regulations. A-Live-Psychic disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of use for a particular purpose to the extent permitted by the Laws of the United States of America.
You shall receive notification of all relevant information regarding the operation of the A-Live-Psychic video chat software program from A-Live-Psychic.com emails that are sent from time to time.
You shall be deemed conclusively to have received notification of any notice or matter posted by A-Live-Psychic on said medias, and failure of you to take notice of any matters that have been posted shall bar you from making any demand, claim or from taking any recourse against A-Live-Psychic for any matter that A-Live-Psychic has posted on said sections.
A-Live-Psychicshall not be liable for any damages or losses whatsoever that are, or maybe, incurred in the use of the A-Live-Psychic video chat software or in the acquisition and /or use of any other product or service provided to you by A-Live-Psychic, and this shall include any form of damages, whether direct or indirect, punitive or exemplary, and whether or not there is any loss of profits or loss of opportunity.
Furthermore, you agree to indemnify and /or hold harmless A-Live-Psychic from any claim which may arise out of the use of the A-Live-Psychic video chat software, including its misuse. This limitation of liability shall be applicable to any claim presented to A-Live-Psychic whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.
You hereby agree to indemnify and hold A-Live-Psychic harmless for injury or damages to persons or property, for any and all liability, loss, damages, cost, or expenses, including all legal fees and costs, including the cost of experts, which are incurred to defend against claims or to enforce the terms of this agreement. In no event will A-Live-Psychic or its suppliers be liable to you or any party dealing with you, for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if A-Live-Psychic has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by English law.
A-Live-Psychic shall not be liable for any losses which are beyond the direct control of A-Live-Psychic, and in particular, the following list is indicative, but not limitative as to the type of situations which are beyond A-Live-Psychic control:
Malicious attacks over the internet, such as DOS (denial of service) attacks, as well as any slowdown or shutdown of service related to internet security issues such as internet worms or viruses.
Non-malicious slowdowns or shutdowns over the internet, or to A-Live-Psychic hosting servers, such as a temporary flood of internet traffic.
Any other delays resulting from acts of god, war, insurrection, strike, blackouts, or from any other situation which is beyond A-Live-Psychic control.
DEFAULT AND RECOURSE
Should you default in any of your obligations contained herein, then A-Live-Psychic has the right to terminate this agreement forthwith, and shall give you notice to this effect.
In addition to the right to terminate this agreement and any services provided hereunder, should you be in default in any of your obligations A-Live-Psychic shall also have the right to suspend your services by giving notice to that effect and said notice need not be in accordance with the notification provisions of this agreement, but will be deemed received by you if sent by e-mail.
If you become bankrupt or insolvent or takes steps, or allow an order to be made to end your corporate existence then, in any such case, A-Live-Psychic, at its sole discretion may forthwith terminate this agreement retroactive to the date of the act of bankruptcy or insolvency. All undistributed sales commissions as well as all deposits and other guarantees shall be considered as liquidated damages which become immediately due and payable and will belong to A-Live-Psychic.
A-Live-Psychic may use any or all of the rights and remedies available to it under this agreement or at law or at equity if you default in observing or performing your obligations or if A-Live-Psychic is entitled to terminate the agreement. Those remedies will be cumulative and not alternative.
Only written waivers of your default will bind A-Live-Psychic. Not condoning, excusing, or overlooking by A-Live-Psychic of any default by you will operate as a waiver of the rights or remedies on any subsequent default.
If A-Live-Psychic exercises any of its rights or remedies as a result of your default, you will pay all A-Live-Psychic reasonable legal costs /fees and shall also pay all out-of-pocket expenses and /or disbursements associated with the exercise of its legal recourses.
Any notice, request, or demand required or permitted to be given must be in writing and will be sufficiently given if delivered by Federal Express or similar courier, to - David S. Dodson 2744 Old US Hwy 52 Rd. North, Pinnacle, NC. 27043.
Either party will give notice to the other of any change of its address for service.
This agreement shall be interpreted in accordance with the laws of the United States of America. Any dispute regarding this agreement shall be resolved before the Unites States courts of stokes county, Pinnacle, NC.
You unconditionally guarantee that any elements, text, photos, video, designs, trademarks, or other artwork used and/or furnished to A-Live-Psychic for inclusion in any web site are owned, or that the proper permissions were received by you from the rightful owner to use these elements in the web site. You further guarantee that A-Live-Psychic will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by you.
ACCEPTABLE USE POLICY
A-Live-Psychic reserves the right to change and update these policies as it deems necessary.
In order to avoid situations where A-Live-Psychic could be blocked by its service providers due to violations of their acceptable use policy, and because one persons actions could result in blocking of all A-Live-Psychic traffic, A-Live-Psychic has adopted the following acceptable use policy for the protection of all A-Live-Psychic program users.
A-Live-Psychic must retain the right to take whatever action is appropriate when it learns of activities that program operators may engage in over the internet and which may cause the service providers which are used by A-Live-Psychic, to limit or restrict access to the internet.
As a result, A-Live-Psychic may take whatever action it considers, in its sole and absolute discretion, to be in the best interests of A-Live-Psychic in order to prevent or curtail activities, which, in the sole opinion of A-Live-Psychic, would place A-Live-Psychic at risk, and such action would be taken by A-Live-Psychic, with or without prior notice, to you that engages in such objectionable activities.
A-Live-Psychic has drawn upon what it considers to be generally accepted practices and standards of Internet Conduct that are commonly used over the internet for the benefit of all users.
ACCESS TO A-Live-Psychic SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING:
You and your performers and any and all customers are responsible for all use of their account/s and confidentiality of password/s which are supplied to you by A-Live-Psychic or to them via the A-Live-Psychic program. A-Live-Psychic will suspend or change access to any account/s immediately upon notification by you or them that a password has been lost, stolen or otherwise compromised. A-Live-Psychic is not liable for any usage and or charges prior to making the necessary account alteration. You acknowledge that no computer network can ever be considered completely safe from intrusion or attack.
The following types of conduct are grounds for immediate suspension of service pending investigation by A-Live-Psychic and may result in termination of any and all accounts held by the individual, corporation, entity or website /studio associated with these violations.
You will also be held responsible for the actions of your business relationships (studio, webmaster, affiliates, performers etc) that impact A-Live-Psychic. Your co-operation is necessary to insure that those involved in these relationships comply with A-Live-Psychic acceptable use policy and those of A-Live-Psychic providers. If they violate any of the following policies, A-Live-Psychic expects you to make certain that they immediately cease the non compliant action or that you discontinue your association with them.
Continuing violations by your business relationships may result in A-Live-Psychic at its discretion having to terminate payment to your business relationships or A-Live-Psychic agreement with you.
Sending unsolicited email "SPAM" messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside A-Live-Psychic. In addition, A-Live-Psychic customers, and customers of A-Live-Psychic customers or any downstream customers, are prohibited from sending and shall not allow their connection to A-Live-Psychic to be used for sending spam. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at A-Live-Psychic sole discretion, proof that permission was not obtained. Direct or attempted violations of the policy, and actual or attempted violations by a third party on behalf of an A-Live-Psychic customer or a customer's end user, shall be considered violations of the policy by such customer or end user.
Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
Attempts to interfere with the regular workings of A-Live-Psychic systems or network connections or which adversely affect the ability of other people or systems to use A-Live-Psychic services or the Internet.
Any unauthorized attempts by a user to gain access to any account not belonging to that user on this or any other of A-Live-Psychic systems, any activity which violates any local, provincial, or federal law, as well as UK, U.S. or international law or regulation.
Failure to fulfil access or services sold to customer in a regular transaction, or recurring transaction. The posting, display, or advertising of any image using a chat host or chat hosts under the age of 18 years anywhere on the site whether the chat hosts are clothed or unclothed. Marketing the site utilizing content including banned words such as: "Kids", "Lolita", "Pedo", "Peta", "Peto", "Pre-teen", "Teen", "School Girl", "Paedophile", "Underage", "Child" or any other words, images, or descriptions that would lead someone to believe that the chat hosts are less than 18 years of age is not permitted anywhere on venue including the URL and meta tags. The posting or display of any image or wording depicting or related to extreme violence, incest, snuff, scat or the elimination of any bodily waste on another person, mutilation, or rape anywhere on the site, including the URL and meta tags. The posting or display of any image or wording depicting or related to bestiality anywhere on the site. Including the URL and meta tags.
Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libellous or threatening.
Reproduction or transmission of any material in violation of any local, provincial, or federal law, as well as UK, U.S. or international law or regulation is prohibited. A-Live-Psychic makes every attempt in such cases to work with any law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any provincial, federal, or international law.
Adult performer studios must comply with the 18 U.S.C. 2257. All 2257 records will be maintained and kept by you. You must determine your legal responsibility to and method of complying with 18 U.S.C. 2257 where required to do so.
Non adult performer /broadcaster studios must also complete 2257 section but only to confirm minimum age.
Any attempt to mislead the consumer as to the site's content or actual initial or recurring pricing of the venue.
Any attempt to interfere with or entice any registered performer /broadcaster /studio /webmaster /customer /member within the entire A-Live-Psychic network, appearing live or otherwise whether registered or not, in the past, present or future from any studio, broadcaster or website via email or any electronic communications or via private messaging or in any live broadcast /chat room.
A-Live-Psychic RIGHT TO CANCEL:
In the event that your account is suspended for unacceptable conduct or suspicion of fraud, all transactions of yours and that of your performers /website using the A-Live-Psychic program may be cancelled and all monies held for a period of six months. In addition, A-Live-Psychic reserves the right, where feasible, to implement technical mechanisms, which prevent the occurrences listed above. Furthermore, A-Live-Psychic is under no obligation to notify client of its actions, however, A-Live-Psychic will notify you where notification does not impede or compromise any ongoing investigation into the alleged unacceptable conduct or suspicion of fraud.
COMPLIANCE WITH RULES OF OTHER NETWORKS:
Any access to other networks connected to A-Live-Psychic program must comply with the rules for that network as well as with A-Live-Psychic rules.
A-Live-Psychic reserves the right without your permission to monitor any and all communications through or with its facilities as well as all your sites for compliance with this acceptable use policy and A-Live-Psychic terms and conditions. You agree that A-Live-Psychic is not considered a secure communications medium for the purposes of the electronic communications privacy act, and that no expectation of privacy is afforded. It may become necessary for A-Live-Psychic employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred.
A-Live-Psychic reserves the right to co-operate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or e-mail containing threats of violence or other illegal activity.
A-Live-Psychic will not release any information about you your clients or customer personal information, or billing information, to any third party except upon presentation of a valid court order, or request to which A-Live-Psychic is legally required to respond to. You agree that A-Live-Psychic judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.
A-Live-Psychic may modify the acceptable use policy in any way, at any time. It is your responsibility to review the acceptable use policy on the website on a regular basis to ensure compliance with the latest version of this acceptable use policy. Your use of A-Live-Psychic services after such changes have been posted shall constitute your acceptance of the modifications to these policies.
While all traffic, media streams, chat conversations and purchases are monitored around the clock to prevent misuse, A-Live-Psychic accepts no responsibility for any illegal use or misuse of its services. At our own discretion, A-Live-Psychic may refuse access to any chat customer, as well as to any performer for any reason whatsoever. Control is maintained as best as possible to keep the chat experience a positive and fun one for all visitors to your website, and to keep the overall chat system as profitable for you as possible.
A-Live-Psychic reserves the right to obtain documentary evidence of the companies, entities, corporations and of the person/s A-Live-Psychic does business with for compliance with fiscal laws.
By clicking acceptance of these Studio / Studio Managers terms you agree to be bound by them, you declare you have read understood and fully accept all the terms in this A-Live-Psychic video chat software studio agreement.
A-Live-Psychic video chat software program pays out 45% to Tier1 Studio / Studio Managers, reducing by 5% per tier referred by you (this 5% is paid upwards to you), of every credit spent by any customer in any pay per view chat modes with your performers. All commission calculation based on the value of one credit being $1.00 USD regardless of the actual price to buy credits and /or which currency is used. If you have any doubts questions or concerns regarding this paragraph about payouts please ask prior to clicking acceptance of this agreement. You are solely responsible for paying your performers from your income. Commission may differ than as stated but must be agree prior to set up and confirmed in writing.