A-Live-Psychic will provide access to a pay-per-minute / membership video chat live cam network 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 websites under your own domain name/s utilizing the LiveCyberCash Video Chat Software. THE PARTIES AGREE THE FOLLOWING:
You agree that you shall acquire limited operation of the A-Live-Psychic Video Chat Software limited for up to three website/s (unless written permission is provided for more than 3)under your own domain name/s which shall use the A-Live-Psychic video chat software or such upgrades that A-Live-Psychic may provide, hosted exclusively on servers administered by A-Live-Psychic. 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
Account Balance means the account balance that is due to A-Live-Psychic.
Agreement means this agreement and any amendments, additions and/or modifications which may be made from time to time.
Billing Processors means third parties that collect payments and redistribute them after deduction of processing and/or transaction fees, hold backs, charge backs and/or any other deductions.
Continuous Service means that LiveCyberCash shall provide continuous bandwidth connection both up and down for transmission at the ratio of 99.6% of connection time.
Domain Name means the text name/s chosen by you under which you will use and operate the A-Live-Psychic live video chat software on A-Live-Psychic servers only.
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 theA-Live-Psychic video chat software.
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 software.
Subscription memberships means re-curing subscription VIP and/ Premium /Premier memberships.
You / Your means the specific person / business / corporation / entity granted access to and operation of the LiveCyberCash video chat software under this agreement, whereby you acquire the right to use the LiveCyberCash video chat software on your domain name/s, to provide streaming media content to your customers/clients.
A-Live-Psychic video chat software means any software developed by/for A-Live-Psychic which is used to run its video chat 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 without own content to offer live and non live content from shared content within the A-Live-Psychic video chat network.
A-Live-Psychic shall provide access to the A-Live-Psychic video chat chat, pay-per-minute and membership software system with features that may change from time to time.
Webmasters who set up a domain on our servers: A $150.00 minimum surety deposit must be paid and maintained and will be deducted from future payouts of your sales commission and/or studio commissions which means you shall payout your own performers as a studio from your own monies until this min $150.00 has been accumulated and deducted. This min $150.00 is to protect us all from potential possible charge backs and/or refunds or financial risks. It is mandatory and non negotiable This cost program includes Zero cost for all aspects of the A-Live-Psychic video chat software including bandwidth and hosting. Webmasters who do not set up a domain (affiliates) on our servers do not have to pay and or maintain a surety deposit.
Surety deposit must be maintained as a positive balance with A-Live-Psychic in sufficient amounts to cover any negative account balance chargebacks, refunds or financial risks that may occur in the operation and/or maintenance of your website/s. The reserve will cover charge backs and or refunds. The reserve as determined by A-Live-Psychic must be maintained as the minimum reserve each and every month once accumulated and must be accumulated within 6 months from initial webmaster registration. If the said minimum reserve is not accumulated within the first 6 months, contract termination may occur with forfeiture of all Webmaster account monies at the sole discretion of A-Live-Psychic.
Failure to maintain a positive minimum reserve on account shall permit A-Live-Psychic to limit and/or suspend services provided to you. A-Live-Psychic reserves the right to modify the minimum reserve amount and will notify of such via skype or email notification, minimum reserve amount notification will be immediate upon notification. No notice shall be given of said reserve change/s.
Failure to maintain the minimum reserve once accumulated will result in immediate forfeiture of any existing monies in your account/s or due to your account/s and withdrawal of the A-Live-Psychic video chat software.
Webmasters who choose to add optional customer subscription memberships, VIP and /or Premium to their websites must in the first instance accumulate the minimum surety and minimum payout prior to enabling said subscription memberships. Meaning subscription memberships can not be enabled until $250.00 shows in webmasters account ($150.00 minimum surety plus $100.00 minimum payout)
Chargeback / Refund fees:
These are passed directly to you and will be deducted from your minimum surety deposit at a rate of $25.00 per each chargeback and refund that the payment processors of A-Live-Psychic demand, you shall of course receive skype or email notification of such.
All local refund requests by customers of the entire network and not 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. Local refunds do not incur a $25.00 charge
Additionally all monies spent from fraudulent and or bad shows will be deducted from webmaster accounts and also the performers, studio and all downstream persons.
The A-Live-Psychic video chat software shall remain active operable and available for sales for an initial minimum period of six months, thereafter, so long as you maintain the minimum reserve requested by A-Live-Psychic in accordance with the terms of this agreement, unless terminated earlier according to the provisions allowed for in this agreement. This agreement shall automatically renew for an addition period of six months at the end of its initial term, and thereafter at the end of each renewal period, it shall automatically renew for another six month term, provided that you are not in default and have not received notice of default from A-Live-Psychic.
Should you decide not to renew this agreement, you shall notify A-Live-Psychic in writing at least six months prior to the expiration of 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 program within a delay of approximately 2 days.
A-Live-Psych icshall 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.
A-Live-Psychic if requested may provide technical support not included by this agreement; this may be provided for a fee.
What you must do to maintain the program service:
You shall operate your website/s 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 including the attempt to entice studio's, performer and or customers by advertising your domain in any chat room within the A-Live-Psychic network. You shall not sell or offer for sale any content provided within the promotional materials area of your Webmaster Administration account. This includes your own owned content whilst operating within the scope of this agreement.
A-Live-Psychic may at its own discretion disable and /or delete any registered webmaster account and webmasters website if said website is not fully customized and submitted for e-commerce approval within 21 days of creation (being visible via a browser in non customized state) on servers operated by A-Live-Psychic or managed on A-Live-Psychic behalf, without any notification to webmaster.
A-Live-Psychic shall pay commissions on or around the 1st & 15th (example pay period 1st to 15th inclusive will be paid on the 1st - pay period 16th to 31st paid on the 15th) of each month only once the surety deposit of $150.00 minimum has accumulated and been deducted and then 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 your website/s to carry on any illegal activity.
You shall maintain for a minimum period of 26 weeks after termination of this agreement domain name/s pointed to the domain name server DNS as specifically designated by A-Live-Psychic, and you shall not move, switch or point your domain/s to any other domain name server unless A-Live-Psychic has provided prior written authorization. Failure to respect this provision will cause the forfeiture of all monies held by A-Live-Psychic, at the time of failure and thereafter. You will be liable for all damages caused by this default. A-Live-Psychic shall be entitled to recover all losses or damages caused by any DNS violation. In the event of any DNS violation, A-Live-Psychic shall also be entitled to redirect all traffic from your domain/s to that of A-Live-Psychic or a domain of our choice.
No Assignment or Transfer:
You shall not assign / give away / sell / promise / or bequeath your A-Live-Psychic video chat software or any of the rights granted herein to any other person or entity without obtaining the prior written consent of A-Live-Psychic.
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 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 by skype messaging and /or emails that are sent from time to time.
You shall be deemed conclusively to have received notification of any notice or matter over any said medias, and failure of you to take notice of any matters that have been notified 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 notified on.
A-Live-Psychic shall not be liable for any damages or losses whatsoever that are or may be 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 United States of America law.
A-Live-Psychic shall not be liable for any delays 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.
You / your related delays, where, for example, you cause damage to the set up templates used by A-Live-Psychic to set up the program service and any delays resulting from any other circumstances beyond A-Live-Psychic control.
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.
Any delays or downtime resulting from causes contained above shall not be calculated in the determination of A-Live-Psychic obligation to provide continuous service.
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, including obligations to pay or to maintain sufficient surety to guarantee potential charges and /or financial risk as previously advised. 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 or skype.
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, A-Live-Psychic Program, 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 United States of America courts of Stokes County, Pinnacle, NC.
You unconditionally guarantee that any elements, photos, designs, trademarks, or other artwork used and/or furnished to A-Live-Psychic for inclusion in the 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 clients / 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 video chat software. 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 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.
A-Live-Psychic expressly forbids the linking of any A-Live-Psychic network website to any other website /domain /Url that does not return via a link to the A-Live-Psychic network website that contains the original out going external link. Links of any kind to non A-Live-Psychic system websites may be permitted only with prior written consent from A-Live-Psychic. Failure to comply will result in immediate termination of this agreement and forfeiture of all monies.
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 websites must comply with the 18 U.S.C. 2257. All 2257 records will be maintained and kept by relevant webmaster. You must determine your legal responsibility to and method of complying with 18 U.S.C. 2257 where required to do so.
Any attempt to mislead the consumer as to the site's content or actual initial or recurring pricing of the venue.
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 your website / A-Live-Psychic video chat software 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 must comply with the rules for that network as well as with 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 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 Webmaster 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 agreement.
A-Live-Psychic expects Webmasters to promote and generate traffic to their websites. A-Live-Psychic reserve the right to terminate this agreement and delete Webmasters website solely at the discretion of A-Live-Psychic without notification whatsoever and Webmaster shall forfeit all Webmaster account monies if your video chat website is not receiving an absolute minimum of 300 new (three hundred) unique visitors per calendar month, as confirmed by Google Analytics.
Webmasters enabling gold show performer categories on their websites must comply with a minimum traffic requirement of 15000 unique visitors per calendar month as confirmed by Google Analytics.
A-Live-Psychic Video Chat Software pays out 35% to Tier1 Webmaster website operators, reducing by 5% per your referred tier, this reduction of 5% is passed upwards to you. For all purchases using the commissions 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. Commission on subscription memberships are paid based on 15% of the actual membership cost and not credits. In calculating subscription membership commissions one Euro is deemed to be the same monitory value as one USD. Your commissions are allocated to your account immediately upon customer purchase of credits not after spend of the purchased credits. Webmaster affiliates that do not operate a domain on our servers receive 25% deducted from Webmasters commissions on the same basis. If you have any doubts questions or concerns regarding this paragraph about payouts please ask prior to clicking acceptance of this agreement. All webmaster tools can be found in the webmaster administration area upon log in. A-Live-Psychic may make changes, alterations and addition to terms & conditions from time to time and you accept totally your responsibility to read on a regular basis to ascertain any changes made. A-Live-Psychic need not give any notification of any kind to said changes.