Performer agreement
Last revision: 05th June, 2024
This agreement (hereinafter referred to as the “Agreement”) regulates the relationship between:
Profithly s.r.o., with its registered address at Rybná 716/24, Staré Město, 110 00 Praha (henceforth referred to as the “Administrator”)
and
the Performer, henceforth referred to as the (“Performer”)
Agreement:
By filling out and submitting the Performer sign-up form, by checking boxes “I am over 18 years old or the Age of Majority in my region.”, “I have read, understood, and I accept the binding Agreement” and “I expressly declare the acceptance of the Privacy Policy” and by clicking on the Register new account button, the Performer gives her/his consent to, and notably express consent to the clauses regarding Basic rules (clause no.3), Performer Declarations (clause no.4) and Personal Data (clause no.11), and accepts the following Agreement:
Definitions
Administrator - The owner and Administrator of the Website, i.e., Profithly s.r.o. headquartered in the Czech Republic under the address Rybná 716/24, Staré Město, 110 00 Praha 1.
Performer – A person who has registered on the Website and verified to be over 18 years old, who voluntarily, without any compulsion, personally provides adult entertainment Services, undertakes shows, conversations or other interactive actions through the Website, including for a fee, based on the rules specified in this Agreement.
User - People visiting and/or buying the Services on the Websites and generally anyone who avails any functionality of the Website, especially by sending or receiving any electronic data and/or who has registered within the Website.
Account - An account conducted on the Website for the Performer, through which the Performer can use Services offered by the Website and its functions, provided by the Administrator under a unique name (login), serving as a resource pool where performer data and information about his activities within the Website are collected.
Registration – The completed process of setting up an Account by the User or Performers Account by the Performer indicating the conclusion of a contract
Services - Services rendered by the Performer on the Websites and the transmission and distribution of such content to the public through a satellite or cable network (i.e., broadcasting). Such Services namely comprise adult entertainment Services, more precisely performing live webcam shows, chat in front of cameras and uploading original content for the entertainment of Users all over the world, who have selected the Performer according to live streams, images, and paid videos, and within the form of online live streaming video shows, broadcasting and chat sessions usually sold on a pay-per-view basis.
Websites - Different websites, including www.privcam.com and any other website which might be operated by the Administrator.
Terms and Conditions - A set of rules and guidelines that a User must agree to and abide by in order to use the Website and/or access a Website. These rules outline the rights and responsibilities of the User, detailing what is and isn’t permitted while using the Website, as well as any limitations of liability, privacy policies, and procedures for handling disputes. By agreeing to the Terms and Conditions, the User enters into a legally binding agreement.
1. Purpose
Natural or legal Performers are acting under this Agreement as providers of professional services in the frame of their business/professional activities when rendering their services (not consumers).
Through this Agreement, the Performer explicitly expresses his intention to provide Services as a Performer on the Websites promoted and operated by the Administrator and its affiliates. These Websites are presently engaged in marketing products/services to consumers (B2C), which may include, but are not limited to, interactive live streaming video chat sites (such as www.privcam.com) and broadcasting, in accordance with the terms specified in this Agreement.
The Performer commits to refraining from delivering any illegal, harmful, obscene, hateful, racially, ethnically offensive, or objectionable content, including defamatory, abusive, or threatening material, while providing the Services under this Agreement.
The Performer hereby certifies that he operates independently, and the Administrator holds no authority or power of direction, subordination, or other forms of control over the Performer. Consequently, this Agreement does not dictate the Performers location or schedule for providing the Services. It is the Performers responsibility to deliver reliable and efficient Services in full compliance with applicable legislation and the objectives outlined in this Agreement.
The Performers affirms that he has thoroughly read and comprehended the Terms and Conditions applicable to Users of the Websites. The Performer understands the level of quality and obligations implied in these Terms and Conditions. In case of any inquiries regarding these terms, the Performer acknowledges his ability to contact the Administrator using the contact details provided in this Agreement.
The Performers may render Services in one or more of the areas/categories available on the Websites, subject to change without prior notice from the Administrator, while adhering to standard requirements related to the Websites' environment and consumer experience intended by the Administrator.
The Services will be rendered by the Performer with complete autonomy and technical independence. Therefore, the Performer bears full responsibility and liability for his actions, videos, audio, chat, dialogue, instructional videos, and advice, as a consenting responsible adult. All decisions related to the content of the Performers actions as a Performer are made at his own discretion.
Despite the above, the Performer acts under this Agreement as a professional when providing the Services. However, it is not intended that the Services rendered by the Performer are to be viewed as being certified by public authorities or by any necessary accreditations. It is the Performers responsibility to ensure that Users are duly informed of this fact. The Performer understands that he is not considered an employee of the Administrator and/or any other entity related to the Administrator.
The Performer declares under this Agreement that he will only provide high-quality Services and will not knowingly provide any wrongful or misleading information to the Users of the Websites. The Performer represents that he will always act honestly and professionally.
2. Age Verification
The Performer represents and warrants that she is at least eighteen (18) years old or has reached the age of majority in her jurisdiction or place of residence, whichever is greater. The Performer also represents that the jurisdiction from which she accesses the Website does not prohibit the subject matter of this Agreement.
3. Basic rules for the provision of Services
The following rules must be adhered to by all Performers rendering Services through the Websites:
Performers must have a valid and approved registration on the Websites. Any individual appearing in the camera area or in the pictures through privcam.com must be registered under the given Account.
Broadcasting a pre-recorded video or still image instead of a live camera stream is prohibited. Violation of this rule is considered a breach of this Agreement and may result in monetary deductions, suspension of the Account, immediate ban from the Websites, or discontinuation of payouts.
Sharing and requesting personal information, including that of Users and Performers, is prohibited. Personal information includes, but is not limited to, external email addresses, online messenger IDs (e.g., Yahoo!, Skype), physical addresses, and social media accounts (e.g., TikTok, LinkedIn). However, links to Performer’s accounts on Instagram, Twitter, and Facebook are allowed to be added to their Privcam Profile.
Any form of personal contact with Users of the Websites, soliciting for escort services, prostitution, or asking for any form of compensation is prohibited.
Underage sexual activity, bestiality, incest, demonstration of blood or animals, and mimicking such activities are prohibited. Role-playing that includes underage roles is also prohibited. Any attempt to display text material with celebrity names, offensive content, or suggestions of pedophilia, adolescence, bestiality, zoophilia, or the elimination or consumption of bodily waste, or any terms deemed unacceptable by good taste standards, will lead to immediate and permanent suspension of the account.
Advertising other websites or services is strictly prohibited unless expressly allowed by the Administrator in this Agreement.
All registered people of an Account must always be visible and recognizable in the camera area and in the pictures (showing only body parts is not acceptable). Performers must follow the basic category rules described on the Websites for each category of Services regarding the number of people, proper attire, activities, etc.
If the Performer misleads paying Users about their gender, preferences, or activities, the User is entitled to claim back any amounts paid. Promising Users certain performances for their tips or paid shows (private, fully private, group) and not delivering on these promises is considered misleading and may result in the return of any amounts received. However, rejecting Users’ offers or requests (either in free or paid chats) is not considered misleading.
The Webcam Administrator maintains a zero-tolerance policy regarding the violations listed below and will close the Performer’s account if any of these violations occur.
a. Child pornography, involving minors, photos/videos containing child pornography or photos/videos of naked children, including animations and so-called cartoons involving sex with minors or displaying minors.
b. Pornography involving animals, participating in sexual acts with animals, photos/videos involving animal pornography.
c. A show, attempt or imitation of suicide, encouraging users to commit suicide, as well as showing, an attempt or imitation of mutilation or self-mutilation or encouraging users to mutilate or self-mutilate.
d. Necrophilia (sexual acts, real or feigned, with the participation of human or animal corpses).
e. Unconscious people or those who appear unconscious, intoxicated with alcohol, drugs or other psychoactive substances, or involving people who despite physical consciousness are or appear unaware of the situation in which they are, especially in the presence of a webcam.
f. Rape or simulation or imitation of rape.
g. Demonstrating or presenting illegal use of weapons, drugs, alcohol, other intoxicants, as well as encouraging these activities.
h. Demonstrating/presenting violence against people and animals or calling for such violence.
i. Demonstrating/presenting incest.
j. Demonstrating/presenting menstrual bleeding.
k. Urination, defecation, “going to the bathroom”, enema play, breastfeeding .
l. Consumption of any bodily waste, vomiting.
m. Anti-Semitic, racist insults, promoting Nazi and/or fascist content or behaviors or calling for such behaviors.
n. Instructional information constituting actions contrary to the law or calling for actions contrary to the law, such as constructing explosive charges, using firearms, creating computer viruses and their distribution.
o. Attack (including non-physical) on another people, their privacy.
p. Arranging other forms of employment with Website Users.
q. Discussing or arranging prostitution or escort services.
r. Accepting/asking for personal meeting/contact with Users.
s. The Performer’s identity doesn’t comply with the ID documents previously provided to the website.
t. Using fake IDs for the account registration on the website.
u. Actions causing financial damage and/or impairment of goodwill of the Administrator and /or the website.
Please note that the Administrator reserves the right to suspend and/or close the Performer’s Account in case of repeated violations of these rules by the Performer.
This list of rules is not exhaustive and does not cover all possible violations of this Agreement. Therefore, an act not mentioned above may still constitute a breach of this Agreement, considering the situation and the general intent of this Agreement. In such cases, the Administrator is entitled to suspend the Performer’s Account.
If you do not wish to accept any part of the above statements or are not aware of pertinent laws and regulations, please do not enter or subscribe to the website.
4. Performer declarations
The Performer hereby declares that, under Performers Account, as well as any person appearing in the camera area or pictures, are at least 18 years of age (or 21 years old where required by local law) or have reached the age of majority in my/their legal jurisdiction, whichever is greater. By ticking the checkboxes “I am over 18 years old or the Age of Majority in my region,” “I have read, understood, and I accept the binding Agreement,” and “I expressly declare the acceptance of Privacy Policy,” the Performer confirms that he has reached the age of majority and that he will not provide the Administrator with false identification, including names, addresses, and/or dates of birth.
The Performer fully acknowledge and accept that the Administrator will not be held responsible, either jointly or severally, for any content, information, communication, opinion, expression, or action originating from the Users and/or Performers of the Websites, or from any other person or third party associated with this Agreement.
The Performer certifies that all decisions related to the rendering of Services are made at his discretion, that such Services do not violate the local community standards of 'obscenity' in my area, nor do they violate any other laws. The Performer is completely responsible for his actions as a consenting adult. The Performer also certifies that he is aware of his criminal liability and will act in accordance with local community standards of morality and applicable laws under all circumstances. Furthermore, he certifies that he is not under the influence of drugs or alcohol and that he is rendering the Services in the video/film and appearances of his own free will.
The Performer agrees to indemnify and hold the Administrator harmless from all liabilities related to the Services rendered under this Agreement. He hereby discharges all persons related to the Administrator from any past, present, or future liabilities in connection with this Agreement.
The Performer further represents that he has fully read and agreed with the contents of this Agreement before its execution. He has not been induced or forced by the Administrator, its agents, employees, or anyone acting on their behalf to sign this Agreement. By accepting the terms of this Agreement, he certifies that the foregoing representations are true and accurate. As a Performer, he certifies that he will provide any defamatory, abusive, threatening, racially offensive, or illegal material and has no intention of supporting immoral interests. He understands that if the Administrator suspects that he has provided forbidden content, his Account will be frozen immediately for further investigation, which may result in the permanent termination of his Account and the cancellation and forfeiture of all payments from the Administrator.
The Performer also certifies that he will not force anyone to render Services on Websites promoted by the Administrator. He will not solicit or partake in anything related to escort services or prostitution. By ticking the checkboxes “I am over 18 years old or the Age of Majority in my region,” “I have read, understood, and I accept the binding Agreement,” and “I expressly declare the acceptance of Privacy Policy,” he declares that all his Accounts, present or future, will be provided with true and accurate legal documents.
The Performer further declares that he understands that any physical contact or exchange of contact details with Users of the Websites, or contacting them in any other way, is prohibited. Any breach of this obligation will result in the immediate termination of this Agreement. He is aware that the Administrator may contact competent authorities, including the state prosecutor, to initiate criminal or administrative proceedings.
The Performer hereby acknowledges that the Administrator has the right to immediately and unilaterally terminate this Agreement and any Accounts upon the slightest suspicion of forgery or inappropriate conduct. He also acknowledges the right of the Administrator and/or any other designated entity to be fully indemnified for all damages caused by my unlawful conduct or breach of this Agreement.
The Performer further declares that he is fully aware and accepts the fact that:
a. By docking image transmission with his participation, he will be visible to an unspecified number of Users and other Performers to the extent that the image from the webcam will cover him,
b. Presenting content, including erotic content, such as his naked body or content involving sexual acts - can be rated by Users and other Performers, including those ratings, posts and comments can refer to the Performer's appearance and sexual sphere,
c. Bears full legal responsibility, both civil and criminal, for the content and photos posted within the profile, as well as for the content of comments and posts directed to other Users and Performers.
The Performer acknowledges and accepts that by transmitting the image via a webcam or placing any photos within the Website, he cannot place within the transmitted image or in the photos, other people who are not Performers. The exception is the situation in which the Performer's profile has been created for two or more people, who perform together during real-time transmission and all these people actively participate in the transmission. If, despite the provisions set out in the previous sentences, the transmitted image or photos include third parties, the Performer declares under penalty of criminal liability, that these people are adults, have consented to participate in the transmission and are aware that an unlimited number of Users and other Performers can watch them, and also that they will not receive tokens (their equivalent) from viewing Users, including tips.
The Performer may not without written consent of the Administrator under penalty of invalidity advertise directly or indirectly any products, services or other websites or other entities within the Website, especially erotic accessories and gadgets. In particular, the Performer may not place any products, logos, trademarks of other entities, including in the background, in the background, on worn clothing etc., in the photos or within the transmitted image.
The Performer undertakes that during real-time image transmission via a webcam he will be visible at all times to other Users and Performers and for the User who has used private show, with the proviso that it is permissible for the Performer to momentarily leave the position in front of the webcam (e.g. for the purpose of using the toilet etc.) however this does not apply to private shows and may not occur during the show within the public transmission, for which Users have paid. The Performer declares that he acknowledges and accepts the fact that he cannot transmit a previously recorded movie with his participation or any other movies, including erotic and pornographic ones, mobile phone recordings, recordings available on the Internet etc. via a webcam, regardless of whether the Performers have copyright/licensing/property rights to such content or not.
The Performer declares that he acknowledges and accepts the fact that the Administrator has the right to inspect private show in order to verify whether the Performer during such transmission or in connection with it does not violate the provisions of this Regulations and Privacy Policy.
The Performer undertakes not to provide other Performers and Users with his contact details, addresses of websites other than directly related to the Website, or in any other way providing data that enable contact between the Performer and Users outside the Website.
The Performer undertakes not to provide in the description of the transmission or in other places of the Website his age inconsistent with the truth.
The Performer understands and agrees, and where applicable, is responsible that the Administrator is entitled, at any time and at its sole discretion, to delete, remove, edit, and adapt any photo, video, audio, or text content uploaded, written, published, or displayed by the Performer.
The Performer declares that he is responsible for ensuring compliance with all local laws, filing, and registration obligations. This includes, but is not limited to, registering to conduct business, filing and payment of taxes (including Sales, VAT, withholding, or any other applicable tax), submitting relevant tax declarations to tax authorities, and providing the Administrator with relevant tax/VAT IDs should he exceed the local threshold that requires registration and payment of any value added or similar tax where applicable. Upon request from the Administrator, he will promptly provide confirmation of the paid taxes.
The Performer may not create a separate User Account for himself for the purpose of transferring remuneration equivalent to tokens to himself, or for entering his own transmission from the User Account and persuading other Users to use tokens and to transfer remuneration (so-called artificial boosting of transmission results). The Performer should also not enter into collusion with other Users or Performers in order to achieve effects, as in the previous sentence, or other fraudulent ones or contrary to the principles of social coexistence.
5. Duties
The Performer undertakes the duty to provide the Administrator, in writing, with updated information regarding any changes to his data within five days of the occurrence or notification of such changes.
The Performer undertakes the duty to renew expired documents and provide such documents to the Administrator. The Performer understands that without providing valid documents to the Administrator, he will not be permitted to fully utilize the Services of the website.
Additionally, the Performer undertakes the duty to obtain and maintain, at his expense, the necessary working instruments (including IT tools) required for the efficient rendering of the Services established in this Agreement.
The Performer undertakes the duty to obtain all necessary written permissions and/or licenses for the commercial use of audio, video, photo, text, and/or any other third-party content prior to the submission, upload, transmission, live streaming, or any other method of making the content available while rendering Services.
The Performer undertakes the duty to clear my/their recording area of all objects that are subject to forbidden and/or abusive content, trademarks, or any other intellectual property rights of third parties. The Performer will comply with legal requirements (including those concerning author rights) at all times, avoiding the unlawful use of trademarks, brands, imagery, and/or registered music. Additionally, the Performer will adhere to the terms, rules, and mandatory requirements imposed by the Administrator.
The Performer will immediately inform the Administrator of any apparent breach of security, such as the loss, theft, or unauthorized disclosure or use of a username or password. Additionally, the Performer will remain exclusively and personally liable for any unauthorized use of the Services offered through his Account.
6. Compensation & Fees
The Performer acknowledges that the compensation for the Services rendered under this Agreement will be clearly outlined in his registered Account. The Performer’s registered Account comprehensively displays all information regarding the Performer’s earnings from the Services rendered, settlements from the Administrator, statistics, and other relevant details.
The Performer understands that the Website operates on a token-based system, whereby users may opt to remunerate in tokens for tips, shows, or other Services. The Administrator commits to remunerate the Performer at a rate of PLN 0.11 zł (eleven cents of the Polish Złoty) or the equivalent in another currency, for each token earned by the Performer. This compensation will be subject to refunds and chargebacks, for which the Performer will not receive payment. Payment will be made according to the Administrator’s established or modified standard practices. The Administrator may request the Performer to complete specific tax documents and may withhold all compensation until such documents are submitted. The Administrator may suspend the Performer’s access to the Website until the required documents are provided. The Administrator bears no responsibility for any taxes, banking commissions, or currency fees on behalf of the Performer, who assumes sole responsibility for any related financial obligations.
The Performer acknowledges that the Administrator does not guarantee receipt of tips at any time, as tipping remains optional for users of the Website. This includes whether or not a user will tip and the amount thereof. However, the Administrator may, at his discretion, allow the Performer to set minimum tip amounts.
Regarding inactive accounts, if no activity is detected on the Performer's account for a period exceeding 6 months, the Administrator reserves the right to terminate the Performer's access to the Website at its sole discretion. In such an event, the Performer agrees that any token balance in the account will be forfeited and cannot be recovered subsequently. For clarity, if the Performer does not log into the account for a period of 6 months, the account will be deemed inactive.
If the Performer has a contractual arrangement with a Performer studio (the “Studio”), and the Studio has referred the Performer to the Website to appear on it, with a contractual relationship existing between the Studio and the Administrator, then the Administrator shall remunerate the Studio, not the Performer. The Performer acknowledges that any portion of the compensation owed by the Studio to the Performer shall be governed by the contractual relationship between the Performer and the Studio. The Performer shall provide evidence of such a contractual relationship with the Studio upon request by the Administrator for legal purposes.
The Administrator will deduct and withhold from any payments owed to the Performer under this Agreement such amounts as required by applicable laws (including Value Added Tax) and remit these deductions and withholdings to the appropriate governmental entity.
The Performer shall adhere to all applicable laws and regulations concerning the Prevention and Suppression of Money Laundering and Terrorist Financing.
The Administrator may engage its Affiliates or third-party companies to facilitate payment of the compensation owed to the Performer. For clarity, an "Affiliate" refers to any entity, individual, firm, or corporation directly or indirectly connected to the Administrator.
Payment of the compensation will only be made once the minimum payout amount has been reached. Depending on the available payment methods, the minimum payout amount may vary per method. Any balance below the minimum payout amount will be carried forward until the minimum payout amount is reached and paid on the subsequent payment date.
The Performer acknowledges and agrees that any breach or violation of the Rules for Performers may result in the blocking of the Performer's account by the Administrator. In such cases, any outstanding compensation will be withheld by the Administrator and will not be paid to the Performer, who shall have no claim in relation to such outstanding compensation.
Notwithstanding anything to the contrary in this Agreement, the Administrator may, at his sole discretion, alter the compensation scheme, including the method of calculation and correspondence of the compensation to the tokens earned by the Performer. The Administrator shall provide the Performer with at least thirty (30) days’ notice of any such changes. The Performer may reject such changes by providing written notice of termination of this Agreement to the Administrator at least seven (7) days before the changes take effect. If the Performer continues to appear on the Website following the 30 days’ notice provided by the Administrator, it shall be considered full and unconditional acceptance of the amendments by the Performer.
The Performer may select the account to receive compensation. However, if the account is under the name of a third party or a joint account, the Administrator may request identification documents for the third party and/or joint owner. Failure to provide such documents may result in non-processing of the compensation payment without further liability to the Performer.
By agreeing to this Agreement, you acknowledge and consent to the provisions concerning self-billing. You undertake not to generate any sales invoices for the Administrator from the date of accepting this Agreement. Invoices will be automatically generated and accessible within your profile on the Website. Furthermore, you acknowledge and consent to the following:
a. Accepting invoices raised by the Administrator on your behalf in connection with this Agreement.
b. Refraining from generating sales invoices for any transactions related to this Agreement.
c. Promptly informing the Administrator and updating your company and/or personal details on the Website if:
i. Your VAT registration number changes.
ii. There is a change in your name and/or address.
iii. You cease to be VAT registered.
iv. You sell your business or part thereof.
All invoices will be generated based on the Administrator’s statistics unless specified otherwise in a separate agreement with the Administrator.
Acceptance of each payment confirms acceptance of each self-billed invoice and constitutes the ongoing nature of self-billing.
This section remains enforceable and valid for the duration of this Agreement unless terminated.
7. Grant of License
The Performer hereby grants the Administrator full rights and licenses to utilize the Performer’s likeness, performances, and any other content, expressions, or materials arising from the Performer’s appearance on the Website. This includes, but is not limited to, the following perpetual rights:
a. To photograph or reproduce, in any form, all or any part of the Performer’s performances, acts, poses, plays, and appearances conducted on the Website.
b. To record or reproduce the Performer’s voice, as well as any sound effects produced by the Performer during their appearance on the Website, and to reproduce, sell, and transmit such recordings.
c. To exhibit, sell, assign, transmit, and reproduce the Performer’s appearance on the Website through various means including motion pictures, photographs, radio, television, and other media.
d. To utilize the Performer’s appearance on the Website for advertising and promotional purposes related to the Website.
e. To use the Performer’s appearance on the Website for other works, motion pictures, or commercial endeavors, and to reproduce and transmit such materials through any media.
f. To edit, modify, rearrange, or revise the Performer’s appearance on the Website as deemed fit by the Administrator, and to change the title of the Website as necessary.
Furthermore, the Performer grants the Administrator perpetual rights to exploit and license others to exploit the Performer’s name, biography, physical likeness, and voice for advertising and promotional purposes related to any product embodying the Performer’s appearance on the Website. This includes the right to utilize such rights for commercial advertising or publicity in connection with products or Services offered by the Administrator.
Additionally, the Performer licenses to the Administrator, in perpetuity, all existing and future rights of every kind pertaining to the results and proceeds of the Performer’s appearance on the Website. This encompasses any material, works, writings, ideas, characters, or dialogue created or submitted by the Performer in connection with their appearance. All such rights, including any copyrights or proprietary rights, are hereby licensed to the Administrator.
The Performer also grants the Administrator the right to use the Performer’s stage name, as well as any other stage names utilized now or in the future, including those that may be trademarked.
The Performer waives any moral rights or analogous rights in every jurisdiction. Additionally, the Performer acknowledges that all works created under this Agreement shall be deemed “works made for hire.”
In the event that any rights, including intellectual property rights, do not automatically vest in the Administrator, the Performer appoints the Administrator as her attorney-in-fact to execute documents and take necessary actions to obtain such rights for the Administrator or its nominee.
8. Acknowledgement and Waiver (Explicit/Sexual Activities)
The Performer understands and agrees to the following terms and waives all related claims that may arise:
a. The Website contains, and the Performer may engage in, sexually graphic or explicit conduct, activities, and/or material.
b. The Performer may, at her discretion, engage in sexual acts, whether simulated or actual, without any change in the rate of compensation.
c. The Administrator is under no obligation to release the Performer’s appearance, continue to permit the Performer to appear on the Website, or market the Performer’s appearance.
d. The Performer acknowledges that the Website and her activities may portray her in a false or unfavorable light, whether intentionally or otherwise.
e. The Performer, at her discretion, may engage in sexual acts with others that are explicit or potentially dangerous (including oral sex, anal sex, group sex, or otherwise) and does so voluntarily, with the understanding that she has the right to stop at any time without penalty.
f. The Administrator may prohibit the Performer from wearing any apparel bearing a logo, trademark, or copyright without the express, prior consent of the Administrator.
g. The Administrator may require the Performer to use a condom.
9. Appearance by Third Parties
The Performer shall not allow any third parties to appear on the Website through the Performer’s account or otherwise unless such third party has been expressly approved to appear on the Website by the Administrator, at the Administrator’s sole discretion.
In addition to other requirements concerning third party appearances, the Performer must, in all instances, obtain, maintain, and provide to the Administrator upon request, written consents from all individuals depicted in the uploaded content, including consent:
a. To be depicted in the content.
b. For the public distribution of the content.
c. To upload the content to our Website.
d. To allow the content to be downloaded by Users.
In addition to the age verification performed by the Administrator for all Performers appearing on the Website, the Performer must verify the identity and age of all individuals depicted in the content uploaded to its account to ensure that all persons depicted are adults and must provide supporting documents to the Administrator upon request.
10. Independent Contractor Status
The Performer shall act as an independent contractor, and nothing in this Agreement shall be construed to create an employer-employee relationship, principal-agent relationship, partnership, joint venture, or any other fiduciary relationship.
The Performer shall not possess the right, power, or authority to enter into any obligation, contract, agreement, or undertaking, or make any representation, express or implied, on behalf of the Administrator.
The Performer shall be fully responsible for and indemnify the Administrator against any liability, assessment, or claim arising from or made in connection with the performance of this Agreement, including but not limited to:
a. Taxation arising from the performance of the Agreement.
b. Any employment-related claim or any other claim based on worker status and/or any other claim (including reasonable costs and expenses) brought by the Performer or any substitute against the Administrator in connection with the Agreement. The Administrator may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to the Performer.
c. The Performer will not be entitled to worker’s compensation, retirement, insurance, or other benefits provided to employees of the Administrator.
The Performer agrees to cooperate with and hold harmless the Administrator in the event that a third party brings or threatens to bring a claim against the Administrator regarding the status, acts, or omissions of the Performer.
Should the Performer be deemed entitled to any benefits or employee rights from the Administrator by operation of law or otherwise, the Performer expressly waives all such benefits.
11. Personal Data Processing Consent
This statement serves as the requisite consent that each Performer must provide. Through this consent, the Administrator is designated as the Personal Data Controller in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
"Personal Data" refers to any data or information pertaining to an identified or identifiable natural person.
The "Controller" is the entity responsible for determining the purposes and means of processing Personal Data. For the purposes of the applicable data protection legislation, we shall act as the Controller.
Any Personal Data and Sensitive Personal Data will be handled in accordance with the European General Data Protection Regulation, as amended from time to time.
A "Data Subject" is the natural person to whom the Personal Data pertains.
"Sensitive Personal Data" encompasses personal data relating to, among other things, biometric and health data, sexual orientation, as well as data revealing racial and ethnic origin.
As the Controller of your personal data, we shall process your personal data during and after your relationship with us.
Upon entering into this Agreement, you consent, agree, and acknowledge that we shall process your personal data, including special categories of personal data.
We will undertake the processing of your personal data for the following purposes: (i) provision of our Services to you, (ii) furnishing you with information about us and our Services, and improving our Services periodically, (iii) complying with any requirements of the law and/or regulation, and (iv) for any other reason described in the Privacy Policy uploaded on the Website, as amended.
You possess the right to request access to, and rectification or erasure of, personal data, or restriction of processing concerning you, or to object to processing and to withdraw your consent (where applicable) at any time by notifying us in writing, as well as the right to data portability.
You acknowledge that we shall retain your personal data and any records of your transactions with us for as long as your account remains active and/or as required under applicable law.
Your personal data may be disclosed to Affiliate companies, marketing entities, business partners, IT service providers, and other financial institutions such as payment service providers and banks.
In the event that a transfer of personal data is made to countries located outside the EEA, we shall carry out such disclosure to a recipient (i) situated in a country providing an adequate level of protection for personal data or (ii) by entering into an agreement in the form of standard contractual clauses adopted by the European Commission.
Further details regarding how we process personal data, including inter alia our lawful basis for processing personal data, rights of Data Subjects, and information regarding transfers of personal data, are specified in our Privacy Policy and Cookies Policy available on our Website.
If there is a change in your personal data, it is imperative that you ensure this data is promptly updated and accurate by contacting us.
All personal data will be destroyed when no longer necessary in accordance with our Retention Policy. You also reserve the right to delete your personal account at any time. Please note that upon closure of your account, your profile will be deleted, rendering you unable to log in or appear on the Website, and your data will be retained solely for tax and/or audit purposes as required for us to fulfill our obligations under such regulations. Therefore, you consent to such processing of personal data.
12. Force Majeure
The Administrator shall not be considered in default or otherwise liable for any delay in or failure of its performance under this Agreement due to an Act of God, fire, natural disaster, accident, riot, government action, strike or labor dispute, or any other cause beyond the reasonable control of the Administrator. The period of performance shall be extended by a duration equivalent to the time lost due to such delay.
13. Limitation of the liability
The Administrator assumes all responsibilities to the Performer in relation to or arising from this Agreement. However, to the extent permitted by law, under no circumstances shall the Administrator, its employees, independent contractors, authors, representatives, assignees, or successors be liable to the Performer for any direct or indirect losses, injuries, or incidental or consequential damages of any kind. This includes, but is not limited to, damages for loss, unauthorized access to, and/or disclosure of personal data by a third party, loss of business profits, business interruption, loss of business information, other incidental or consequential damages, or any other financial loss related to or arising from this Agreement, or due to any errors, omissions, delays, interruptions in transmission, or in connection with the activities of the Administrator, its Services, Websites, content, or program materials. This includes losses resulting from server problems, hacker attacks, cyber fraud, or incorrect placement of HTML or other programming languages.
The Administrator is not responsible for damages and/or loss of the Performers data resulting from hacker attacks or any other unlawful acts directed against the websites privcam.com, and/or any other website operated by the Administrator and/or its successor.
14. Electronic Signature
The Performer hereby agrees and acknowledges that by typing her name below, she intends it to serve as a digital signature, holding the same legal validity and binding effect as if she had physically signed this document. The Performer understands that she may retain a paper copy of this agreement for her personal records.
15. Amendments
The Administrator reserves the right to make changes to this Agreement, but commits to informing me of such changes before they take effect. Should the Administrator amend this Agreement, the Studio is obligated to incorporate these changes into the Studio Performer Contract to ensure its compliance with the Studio’s rights and obligations under the Agreement.
The latest revision of this Agreement, indicated at the top of this document, takes precedence over all previous versions.
If any modification is unacceptable, you may cease providing services to the Administrator or terminate this Agreement. If you do not cease rendering services, it will be conclusively deemed that you have accepted the changes.
For any queries, I may contact support@privcam.com directly. I hereby acknowledge that the terms and conditions (including the privacy policy) of the Agreement may be consulted at any time by visiting the following page.
16. Termination
Either party may terminate this Agreement at any time, for any reason or no reason, upon providing prior and express written notice (including via email) to the other party with a minimum notice period of five business days. The Administrator reserves the right to terminate this Agreement immediately, without prior notice, in the event of a serious violation of its terms by the counterparty.
17. Duration
This Agreement shall come into immediate effect on the date when the Performer completes and submits the sign-up form. This action includes checking the boxes affirming "I am over 18 years old or the Age of Majority in my region," "I have read, understood, and I accept the binding Agreement," and "I expressly declare the acceptance of the Privacy Policy," followed by clicking on the Create Account button. It shall remain valid and enforceable until properly terminated by either party, adhering fully to the terms and conditions explicitly outlined in this Agreement.
18. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic without regard to its conflict of laws provisions. The Parties agree to submit to the exclusive jurisdiction of the courts in the Czech Republic.
19. Notices
Any notice, recommendation, or advice exchanged between the parties under this Agreement shall be directed to the following contacts:
• Administrator: support@privcam.com
• Performer: The contact information provided in the sign-up/registration form or as subsequently amended.
I have carefully read the terms of this Agreement and have indicated my consent and express agreement to the clause regarding Declarations and Personal Data by clicking the buttons: "I am over 18 years old or the Age of Majority in my region," "I have read, understood, and I accept the binding Agreement," and "I expressly declare the acceptance of the Privacy Policy."