Performers /broadcasters registering to perform /broadcast on any live video chat website utilizing the A-Live-Psychic video chat software must read, understand & agree to these terms & conditions. This is a legally binding agreement between A-Live-Psychic.com of 2744 Old US Hwy 52 Rd. North, commonly referred to as A-Live-Psychic, all webmasters and you.
Please be aware that the terms and condition you are agreeing upon include what is written on the a-live-psychic.com advisors Code of Ethics
pages as well.
A-Live-Psychic welcomes any broadcaster 18 years of age or older (21 in some countries) to appear live for video chat. A-Live-Psychic wishes to make clear from the beginning its broadcaster terms & conditions and by accepting this agreement you certify under penalty of perjury that you are providing us upon registration as a broadcaster with a real state issued picture ID showing your name, age and/or date of birth (this may vary from country to country). You must be at least 18 years old. By accepting this agreement you certify under penalty of perjury that you will never give away your broadcaster username and or password nor allow it to used by anyone, broadcaster and/ or member. Please keep in mind that we log all actions and hold all records, you will be found out. It is dangerous and unwise to share any personal information about yourself or any other broadcaster, member or even friend in public, private & group chat room. You are strictly forbidden to make any derogatory statements about other broadcasters or user /visitor in live chat. Solicitation for escort, prostitution or personal contact with viewers /visitors is strictly forbidden. You are also strictly forbidden to have any other person broadcasting or appearing on your video chat unless they have previously registered and approved by A-Live-Psychic. This includes but is not limited to family and /or friends etc. Never leave your video chat room when logged in, when not actively chatting on webcam you must change your status to break mode, log off, log out or close down your broadcast. We completely forbid any broadcast involving, showing and /or including, role play of bestiality, role playing depicting underage sex, rape, incest, blood, blood excretion, or any sexual acts in any form. A-Live-Psychic is a non adult site, and is for psychic entertainment purposes only. People under the age of 18 are strictly prohibited from appearing on webcam as is urination, defecation, illegal drugs, drugs that may be perceived as illegal, excessive consumption of alcohol or other legal or prescribed medicines or narcotics, sleeping or "passing out", torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself, breastfeeding or lactation, minors, children and or babies may not be on camera or even in the same room when broadcasting. If found playing any recorded content,and the performer is not present to interact with members in live chat, and to provide services if taken to private for such services, in any live broadcast room or chat mode or if you break these broadcaster /performer rules you will be deleted, permanently banned and your IP blocked. A-Live-Psychic and all websites you appear on are membership organizations and you have not been hired to work here, nor are you being paid as an employee or self employed contractor nor are you a partner or associate of A-Live-Psychic or any other website using the software including the website you are registering with. Promoting other websites is strictly forbidden.
Please note the kick & ban feature is to be used only in emergencies. Whilst we know there might be difficult people out there, they are all users /visitors /potential members of our websites so we prefer that you contact us and let us deal with the annoying, offensive, abusive and difficult ones. We are here to help and support you. Any violation of these rules will lead to your permanent removal and banning. Any decision regarding any and all matters taken by A-Live-Psychic is final and irreversible, decisions are not open to discussion. We will pass on your details to any law enforcement agency if requested or we even have suspicions that something is not legal. We also expect users /broadcasters and or visitors to help us police live video chat rooms to keep any bad element away, because it is impossible for us to remain vigilant 24/7/365. You are wholly liable for any false disclosures and responsible for any legal ramifications that may arise from viewing, reading, or downloading materials and or images contained within this and all websites using the A-Live-Psychic software. No website and or its software provider can be held responsible for any legal ramifications that may arise as a result of entry into, or use of, this website and/or any materials contain herein. This document constitutes a legal agreement between A-Live-Psychic and /or any live video chat site using the A-Live-Psychic software and yourself, as well as any business entity of which you have any legal or equitable interest. If any portion of this agreement is deemed unenforceable by a court of competent jurisdiction, it shall not affect the enforceability of the other portions of this agreement. By accepting these terms & conditions any video chat host /performer /model /broadcaster agrees to transfer full license to A-Live-Psychic now or in the future to use any and all copyrights, trademarks, service marks, recordings, trade secrets and all other proprietary rights in and to the productions, or any portion thereof, via an unlimited, perpetual, worldwide, universal, royalty-fee, irrevocable, sub-licensable, transferable, exclusive license to LiveCyberCash. With the rights granted herein, A-Live-Psychic may, without limitation, record, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and /or create derivative works of the productions in any medium or technology whatsoever, now known or to be developed in the future. You further agree that A-Live-Psychic shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from said materials. A-Live-Psychic does not allow performers 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 your account and loss of your entire account balance. No second chances. You may self promote on any and all forums, blogs within the network, as listed in the A-Live-Psychic forum. Do not promote any website whatsoever. Do not post the same article more than twice. Posts should be about you, self promoting to gain new visitors and paid chat. Do not promote the studio and /or website you signed up with or are assigned too. You must ensure the weekly completion of the chat schedule within the performer / studio area. PAYMENT & MINIMUM HOURS: Payment of commissions are made through PayPal, our main paymnt processor, daily for solo performer/ advisors only when your account reaches a minimum of $100. Affiliate commissions will be paid through PayPal, Bank Transfers and Payoneer, and are paid 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 are made in USD $ only and made via PayPal, Payoneer or Direct Bank Transfer. Alternative arrangements may be made with the website /studio manager you are allocated with. The studio and /or website that you signed up for is solely responsible for paying you.
Solo performer websites may be paid daily by wire transfer only when your account balance reaches a positive balance of $100.00 as $100.00 is the minimum payout amount.
Performers must appear live online in front of webcam and broadcast making themselves available to potential customers for an absolute minimum 15 hours each and every 30 days unless alternative minimum hours are agreed and confirmed in writing by A-Live-Psychic. If a performer fails to attain 15 hours live as stated the performers account shall be disabled and inaccessible pending completion of re-activation.
Solo performer websites will also be disabled if the performer fails to adhere to the min 15 hours live online as stated above. Illegal activity: You must 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 English only, and you agree that you will use English, spoken and/or written, to communicate on any matter. LIABILITY: A-Live-Psychic will not be liable for any damages or losses whatsoever that are, or maybe incurred in the use of the LiveCyberCash video chat software program or in the acquisition and /or use of any other product or service provided to you by A-Live-Psychic. This includes 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 from the use of the A-Live-Psychic video chat software program, 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 any 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-LivePsychic 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 without notification. 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. NOTICES: 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, A-Live-Psychic Program, 2744 Old US Hwy 52Rd. North. Pinnacle, NC. 27043. Either party will give notice to the other of any change of its address for service. MISCELLANEOUS: 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 USA courts of the state of North Carolina, Stokes County. SPECIAL PROVISIONS: You unconditionally guarantee that any elements, text, photos, video, designs, trademarks, or other artwork used and /or furnished to A-Live-Psychc for inclusion in any website 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.
Any performer that does not attain the previously stated 15 hour minimum live online in 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 re-activation request via email. Re-activated performers must login and appear live online for a minimum 4 hours during the 7 days after re-activation, else the performer is disabled and the re-activation process repeats. 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 video chat software users. A-Live-Psychic must retain the right to take whatever action is appropriate when it learns of activities that software 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: The following types of conduct are grounds for immediate suspension of service by A-Live-Psychic and may result in termination of any and all accounts held by you. You will also be held responsible for the actions of your business relationships 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. 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 performer, host or broadcaster under the age of 18 years anywhere on the site whether the broadcasters 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 broadcasters /performers, chat hosts are less than 18 years of age is not permitted anywhere on the A-Live-Psychic network or any website using A-Live-Psychic software. 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. The posting or display of any image or wording depicting or related to bestiality anywhere. 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.
Non Adult performers /broadcasters must also complete the 2257 section but to confirm minimum age only.
Any attempt to mislead the consumer as to any websites content or actual initial or recurring pricing. RIGHT TO CANCEL: In the event that your account is suspended for unacceptable conduct or suspicion of fraud, all transactions of yours and your website 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 video chat software program must comply with the rules for that network as well as with the A-Live-Psychic rules. Monitoring/Privacy:
A-Live-Psychic reserves the right without your permission to monitor any and all communications through or with its facilities as well as all websites 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-Pschic 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, 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 performer /broadcaster 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 broadcaster agreement. COMMISSIONS: Performers commissions are agreed between studio manager and performer but by default set as 70% of the studio income. All commission calculation are based on the value of one credit being $1.00 USD regardless of the actual price to buy credits and or which currency was used. If you have any doubts questions or concerns regarding this paragraph about payouts please ask prior to clicking acceptance of this agreement. Studios managers / Websites webmasters are solely responsible for paying you, not A-Live-Psychic unless otherwise agreed in writing.