Terms and Conditions
1. Basic 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.
Website - Different websites, including www.privcam.com and any other website which might be operated by the Administrator.
Service/Services - services mentioned in clause 2, paragraph 3, of these Terms.
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.
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.
Registration – the completed process of setting up an Account by the User or Performers Account by the Performer indicating the conclusion of a contract.
Account - an account conducted in the Service for the User, through which the User can use services offered by the Service and its functions, provided by the Administrator under a unique name (login), serving as a resource pool where user data and information abou t his activities within the Service are collected.
Partner – an entity providing services for the Administrator, for example payment processing or KYC verification services.
Terms - these Terms including a set of rules for using the Website and the rights and obligations of Users, Performers, and the Administrator, also acting as the terms for providing services electronically.
Privacy Policy - a document containing detailed information about personal data processing and privacy protection rules applied to Users and Performers.
KYC – (ang. Know Your Customer) – a procedure mandated by international law requiring the Administrator to confirm the identity of the Performer.
Transmission (or public transmission) – online sending of video or audio content by the Performer (including through streaming data transmission) in real-time via internet cameras using the Website's functionalities, in such a way that these contents are publicly available for an unspecified number of Users and Performers.
Private show - means the same as public transmission, with the difference that the recipient of such transmission is only the User who paid for such transmission.
Ticket show – means the same as public transmission, with the difference that the recipients of such transmission are only Users who purchased/received access to such transmission.
Private message - a paid text message which a User/Performer can send to another User/Performer. The recipient of such a message is exclusively the indicated User and other Users do not have access to it. Private messages are automatically monitored by the Website and in case of violation of the terms, the message content which is a violation is blocked. The sender bears the cost of sending a private message. The User being the recipient of the message chats for free from the moment the conversation starts.
2. General provisions
1. This set of Terms determines the rules for providing and functioning of the Website (located at: www.privcam.com) along with the guidelines for using the Website, particularly the rights and obligations of Users, Performers and the Administrator.
2. The Terms and the conditions stated within constitute a binding agreement between an adult User and the Administrator, regarding the use of the Website (at www.privcam.com). These Terms also detail the legal relationships between the User and the Performer. The Administrator is not a party to the contract between the User and the Performer.
3. The Website provided by the Administrator includes only basic transmission, caching, and hosting services (specified below in lit. a, b, and c). In this scope, the Administrator provides services involving the provision of ICT infrastructure to facilitate data transmission and storage and sharing by Users and Performers (especially in the form of electronic files).
a. The Administrator enables data transmission provided by a particular recipient (User and/or Performer) and also ensures access to the telecommunication network. However, the Administrator: 1) does not initiate data transmission, 2) does not select the data transmission recipient, 3) does not select or modify information contained in the transmission. In this scope, the Administrator can perform automatic and temporary indirect storage of transmitted data solely for the purpose of carrying out the transmission, with the data not being stored longer than is necessary under normal conditions for transmission execution.
b. The Administrator enables data transmission and ensures automatic and temporary indirect data storage to accelerate repeated access to them. However, the Administrator: 1) does not change the data, 2) uses recognized and applied IT techniques specifying the technical parameters of data access and updating, 3) does not disrupt the use of IT techniques.
c. The Administrator provides resources of the IT system for data storage by Users and Performers.
4.The Website is exclusively for adults. The User declares to the Administrator that he/she is at least eighteen (18) years old, has full legal capacity, and agrees to the Terms specified by the Terms and Conditions. If the User uses the Website on behalf of a third party being a legal person, the User declares to the Administrator that he/she is authorized to incur obligations arising from this agreement on behalf of such a person, and acceptance of these Terms by such a User is tantamount to their acceptance by the third party. In such a case, the term "User" in these Terms refers to the above-mentioned third party. If there is no real authority to commit to the obligations on behalf of a third party, a person who claims to act for the third party is treated as a User who has concluded an agreement with the Administrator in his/her own name and on his/her own behalf.
5. The Performer hereby declares to the Administrator, that he/she is at least eighteen (18) years old, has full legal capacity and agrees to the conditions mentioned in the Terms.
6. The Performer and the User declare that they are aware of the existing terms regarding access to erotic content and that they are entitled to access such content.
7. The declarations referred to in Sections 4, 5 and 6 above are made by the User and the Performer under penalty of criminal liability. Due to live broadcasting, the Administrator cannot verify whether a crime has been committed, the User and the Performer bear any potential criminal liability.
8. The Administrator reserves the right to change and modify these Terms, including adding new or removing existing provisions, which can be done at their discretion at any time by publishing an amended Terms on the Website. In case of a change, the User and the Performer will always be separately notified, asked to read and agree to the new terms in a clear and understandable way.
9. The Administrator does not allow and does not consent to any violation of legal terms and third-party rights by the Users and Performers, especially copyright, industrial property rights, or personal rights. Except as provided in the Terms, all data, including files, are shared by Users and Performers at their responsibility, risk, and peril, and they assure that they have all rights, particularly to sharing, disclosure, or dissemination of data.
10. All text, graphic materials, interactive features, logos, photos, files, software, and all other materials within the Website, except those posted, transmitted, shared, published by Users and Performers, as well as the selection, organization, coordination, compilation of materials and the general appearance and character of the Website are the intellectual property of the Administrator. They are protected by copyright, design rights, patent rights, trademark rights, and other terms, including international conventions and property rights. All such rights are reserved for the Administrator. All trademarks, Website marks and trade names are the property of the Administrator. Without the explicit consent of the Administrator, the User and Performer have no right to sell, distribute, copy, modify, reproduce, display or broadcast publicly, publish, edit or adapt these elements, license them, create derivative works based on them, or use them in any other way.
11. Any person, including the User and the Performer, who enters the Website for the first time is informed that the Website contains erotic content, including displays of sexual activity, intended only for adult visitors and must - before gaining access to the content posted within the Website - accept the terms and privacy policy, and thus expresses the will to access this content, which is done by clicking on the "I accept" button.
3. Account creation
1. To set up an Account, the User and Performer must complete the registration process by filling out the registration form provided through the Website. During registration, the User must provide a current email address, username, and password, designate their gender, and accept the Terms and Conditions and Privacy Policy. Additionally, the Performer must pass the identity verification.
2. After verification of the registration form data, the User receives an email from the Administrator to the address provided by the User with a message about the establishment of the Account. To conclude the registration process, the User must activate the Account by clicking on the link sent via email to the User along with the account creation information.
3. After the User/Performer registers and verifies successfully within the Website, they gain access to the full functionality of the Website by entering their username and password on the login page.
4. For Users who have registered, an Account is created where the User can edit their data. The Administrator denies account creation to Users who are not of legal age or do not have full legal capacity. For Performers, a Performer Account is created. The Administrator denies account creation to Performers who are not of legal age or do not have full legal capacity.
5. Each User can have more than one Account, as long as it does not serve to infringe or circumvent the provisions of the Terms and Conditions. Each Performer can only have one Performer Account.
6. The User/Performer registration within the Website signifies that the User/Performer has read and fully accepted the Terms and Conditions, including the Privacy Policy, and in the case of the Performer also accepts the Performer agreement, and has agreed to allow the Administrator to process their personal data now and in the future, submitted during the registration process in the Website (or later) – for the purposes of providing services available within the Website, payment processing, and implementation of the "notice and takedown" procedure. Consent to data processing is a separate document covered by a separate independent User/Performer's consent. However, the nature of the Website requires providing data for accounting and tax purposes, and only in this scope will the data necessary to provide the Website have to be processed, and the provision of services to the user without the possibility of processing their data will be impossible.
7. The User is obliged to ensure that their Account in the Website is always linked to a current email address. The same obligation applies to the Performer.
8. The Account is provided to the User/Performer by the Website Administrator free of charge and allows for the use of the service offered within the Website, which is accessible from any location via the Internet.
9. Each Performer has the opportunity to edit their profile within the Performer Account. Within the profile, the Performer can specify their name (including username), country origin, languages spoken, age, general description, height, weight, ethnicity, hair, pubic hair, eyes, gender, member since, last broadcast hour and date, social links and general tags. The Performer declares that if they provide this data, it will be truthful. The Performer's profile is posted in the "profile list" tab and is therefore publicly available for all Users and Performers.
10. In the case of detecting a violation of the rules of these Terms and Conditions, legal provisions, etc., by the User or Performer, the Administrator reserves the right to block the Account/Performer Account (the person is blocked, not a specific nickname. If this person sets up a new account under a new nickname, they automatically inherit the blockade from their previous Account).
11. The Administrator reserves the right to temporary service or Account/Performer Account outages that may be caused by modernization works or technical issues. In the event of technical problems, the Administrator commits to resolve them as soon as possible.
12. In case of suspicion of a crime or other violation of rights - such as incitement to hatred or presentation of pedophilic content - the Administrator will have the right to verify the User or Performer's data by asking Users or Performers to present relevant documents, their copies, scans, etc. In particular, the Administrator may require a scan of the identity document, a document including a statement confirming personal data, other documents confirming age, etc. Documents (their scans or copies) confirming the above data should be submitted within 7 days from the day when the Administrator made such a request to the person who wants to register in the Website. Failure to provide these documents (scans, copies) may result in refusal of Website registration. In the exceptional case described above, the Administrator may also request relevant documents (scans, copies) after the User or Performer's registration – in this case, failure to fulfill the obligation to present documents (scans, copies) may be the basis for blocking the Account of the respective Performer or User or inability of the Performer to perform appropriate transmissions. The Administrator has the right to ask the Performer or User to provide a photo where the Performer (or User) is holding next to their face their own ID, passport, or another document with a photo confirming their identity. This is solely for the purpose of protecting other users from becoming victims of a crime.
13. Every Performer and User, by registering within the Website, agrees to be informed by the Administrator by electronic means of all important circumstances related to the contract (binding the Administrator with the User or Performer), especially regarding changes to the Terms and Conditions, media releases, periodic promotions, contests, new features. The User/Performer may revoke their consent at any time.
4. User and Performer joint declarations
1. The User and the Performer bear sole responsibility for all data transmitted, shared, disseminated, and stored within the Website. Both parties acknowledge that the Website is merely a tool for data transmission and storage, as part of standard delivery, caching, and hosting services outlined in point 2, paragraph 3 of the Terms. Consequently, the User/Performer is solely responsible for all data they transmit, share, store and the consequences of their publication.
2. Within the confines of the law, the User, and Performer acknowledge and declare that:
a. By inserting or transmitting any data on the Website, including files, they certify these are free from defects (physical and legal) and claims from third parties. They possess all rights to such data, especially copyright, and have necessary licenses, permissions, and consents for their use, dissemination, sharing, publication etc., particularly the right to publish and distribute online, and the right to use the image. Moreover, these rights are not limited in any way.
b. The data (a) does not infringe on any third-party rights, including copyright, trademark rights, patent rights, trade secrets, privacy rights, image rights, or any other property or intellectual property rights. It does not (b) defame, slander, libel, insult any individuals or entities nor infringe their rights, including privacy and image rights, or any other personal rights;
c. The data does not contain viruses, adware, spyware, or any other harmful software, or any content or files that could access content outside the Website and infringe upon third-party rights;
d. The data does not contain any promotional, advertising materials, or commercial offers.
e. They commit to using the Website, all its functionalities, and their Account/Performer Account in accordance with these Terms, legal provisions, societal norms, and good manners,
f. They commit to respect the opinions and views of other Users and Performers and to not infringe upon their rights,
3. Data transmitted or shared by the User/Performer must not breach the commands and prohibitions specified in the Terms, especially in point 5, 6 and 8.
4. The User and the Performer declare they are aware and accept the fact that while using the Website, they will have access to erotic content, nudity, content involving sexual activity and they will be exposed to images, descriptions, and sounds related to sexual or vulgar actions. By entering the Website, each User and Performer voluntarily decides to watch, receive, read, listen to and/or transmit content described in the previous sentence.
5. Users and Performers are strictly forbidden from organizing lotteries or contests with token prizes.
6. Users and Performers are made aware that the Administrator collaborates with law enforcement agencies, in particular the Police, and any actions suspected of constituting a crime will be promptly reported by the Administrator to these bodies.
7. All comments, opinions, etc. should be expressed by Users and Performers in a polite manner.
8. The use of comments with the purpose of promoting websites, products, or other entities is inconsistent with these Terms.
9. The use of registered trademarks by Users or Performers using the Website should not infringe the protective rights of entities authorized to the trademark and may only be for descriptive, informative or to express permissible criticism.
10. The use of content protected by copyright of third parties by Users or Performers (even indirectly) in the Website can only be done with the consent of authorized personnel or only within the limits of permitted use. Sharing (even indirect) of content to which Users or Performers hold copyright is allowed as long as it does not infringe the rights of third parties.
11. The User and the Performer are fully responsible for any infringement of copyright, industrial property rights, personal rights, and other rights related to the transmission, sharing, publishing, dissemination, storing, etc. of certain data, as well as for violating the law or the provisions of these Terms.
12. A User or Performer who, contrary to these Terms, uses the Website for marketing or promotional purposes, is obliged to repair the damage resulting from this, in particular to reimburse the Administrator for any lost benefits calculated according to the rates of advertising remuneration used by the Administrator for advertisers using the Website.
13. If the User or Performer learns of any violation of the Terms and Conditions by another User, Performer or any other person, they are obligated to immediately notify the Administrator.
14. Content posted on the Website by the User and Performer (with the exceptions specified in the Terms and Conditions) is publicly accessible through the Internet. Access to some of the Website functionalities requires registration or payment.
15. The User and Performer are obligated to use the Website in accordance with the provisions of the Terms and Conditions, the applicable law and good manners, and social coexistence rules. The Administrator operates in the same manner while fulfilling their obligations.
16. The User and Performer declare that they have familiarized themselves with the content of the Terms and Conditions and accept them in their entirety.
5. Performer declarations
1. The Performer declares that under no circumstances can he publish/share/transmit within the Service content and materials:
a. with 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. with pornography involving animals, participating in sexual acts with animals, photos/videos involving animal pornography,
c. involving 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. involving necrophilia (sexual acts, real or feigned, with the participation of human or animal corpses),
e. involving 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. including 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. including anti-Semitic, racist insults, promoting Nazi and/or fascist content or behaviors or calling for such behaviors,
k. including 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,
l. involving the (non-physical) attack on another person, their privacy.
2. 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. retains all copyright to the image transmitted in real time and photos posted within the Service, however, at the same time the Performer grants the Administrator, Users and Performers a non-exclusive, free, unlimited territorial license to share online in real time the transmitted image for an unlimited number of Users and Performers and the right to a non-exclusive, free, unlimited territorial license to use, duplicate, capture using any techniques, public exhibition, display and sharing online of photos, which are posted by Performers within the Service - except that Users and other Performers do not have the right to share or transfer photos or broadcasts of a given Performer to any third parties, especially for the purpose of obtaining financial benefits,
d. 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.
3. The Performer acknowledges and accepts that by transmitting the image via a webcam or placing any photos within the Service, he can not 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.
4. 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 Service, 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.
5. 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 can not 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.
6. 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.
7. The Performer undertakes not to provide other Performers and Users with his contact details, addresses of websites other than directly related to the Service, or in any other way providing data that enable contact between the Performer and Users outside the Service.
8. The Performer undertakes to make descriptions of transmissions, including private shows/ticket shows, in a clear, detailed and unambiguous manner. Descriptions should indicate what specific shows will be performed within the transmission, for how many tokens (and therefore for what monetary remuneration) and whether a given show is performed within a public transmission, private show, or ticket show. In connection with the fact that the Service is erotic in nature, all descriptions, especially those that could have more than one meaning in Polish, will be treated as used in the erotic meaning and context, and in connection with such meaning the Performer is obliged to perform the show. This does not apply to those Performers who do not perform erotic shows at all and this is clearly evident from their profiles and/or descriptions. The description of the transmission is decisive, even if the Performer and User have agreed on a different show.
9. The Performer undertakes not to provide in the description of the transmission or in other places of the Service his age inconsistent with the truth.
10. The Performer within the Service may not offer prostitution services, arrange with Users for the provision of prostitution services or commission such services through the Service.
11. 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 may 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.
6. User declarations
1. The user commits not to disclose to other Performers and Users their contact details, web page addresses different from those directly related to the Website, or share any data that enables contact between the Performer and Users outside the Website in any other way.
2. The user acknowledges and agrees that the access to private shows and the performance of a specific show by the Performer (both within general and private shows) is payable. Charges may also apply to engaging in a chat with a specific Performer. The User simultaneously agrees that the rates for specific shows or Performer's activities are set by Performers individually, and these rates may differ amongst various Performers.
3. Under no circumstances may the User record or register transmissions or their parts performed by Performers, disseminate such contents, duplicate, etc.
4. The User is not allowed to:
a. Threaten Performers, insult, offend them, etc., unless the convention under which the transmission is performed indicates that the Performer agrees to offensive content and obscenities (e.g. BDSM),
b. Encourage or persuade to behaviors specified in point 8 paragraph 1.
c. Violate personal rights of the Performers,
d. Encourage or persuade Performers to violate the law or these Terms & Conditions.
5. The User acknowledges and accepts the fact that transmissions take place in real time and may be interrupted due to malfunctioning of their workstation or installed software, failure or malfunctioning of a webcam, Performer's workstation or software installed on the Performer's computer, as well as due to reasons on the Administrator's side.
6. The User should not post executable scripts, programs, or perform other actions that could disrupt the proper functioning of the Website.
7. The User should not cause excessive, beyond reasonable use, server load supporting the Website.
7. Website functionality
1. An account with our Website provides the user complete access to the functionality provided by the Administrator. If the User or the Performer uses a computer terminal that is also available to third parties, they are obligated to log out each time they leave the terminal, and to ensure that their username and password are not saved in the browser.
2. The Service is an interactive Website intended exclusively for adult use. In particular, users can access content broadcasted by the Performers in real time through webcams (streaming cams).
3. The Website features a chat. The chat function is available only in conjunction with a specific Performer's broadcast. Next to the icon displaying the Performer's live feed, logged in users can post comments. The Performer can respond to comments and engage with users during the broadcast. In the case of a private broadcast for a user, a private chat with the Performer is available.
4. Users may be required to provide a certain amount of payment, represented in tokens, in order to chat. Whether a user is required to use tokens in order to chat will depend on the user's activity within the Website with regard to payment to Performers.
5. The Website offers a comments function to both Users and Performers. Comments can be used by Users to subjectively rate Performers, Performer profiles, or contents posted by the moderator/Administrator.
6. Every User and Performer acknowledges that comments are public and accessible to all other visitors of the Website, especially other Users and Performers.
7. Every User and Performer is responsible for their comments and chat entries, including the content of these comments and entries.
8. Users and Performers are prohibited from posting comments and chat entries that are:
a. Offensive or vulgar, unless the convention of the broadcast allows the Performer to consent to offensive content or profanity (e.g., BDSM),
b. Demeaning, racist, antisemitic, promoting illegal activity, spreading hatred, xenophobia, praising or referencing Nazi or fascist ideologies,
c. Containing advertising for any products, services or other websites, or content similar to advertising,
d. Containing personal data of any other individuals, especially other Users and Performers,
e. Containing threats.
f. Violating the rights of other Users and Performers, especially personal rights
9. The Administrator reserves the right to remove any comments and entries made in violation of clause 8 above, to which Performers and Users agree.
10. Users and Performers can send private messages to other Users and Performers. Private messages are not public and are not generally accessible to Users and Performers of the Website. The provisions of clauses 7 and 8 above apply to private messages correspondingly.
11. All content is reviewed before publication.
8. Prohibited uses of the Website
1. By using our Website, both User and Performer declare and assure that they will not engage in the following activities:
a. Users/Performers will not post, create or disseminate any data through the Website that infringes any laws, contract provisions or third-party rights, including all trade secrets, intellectual property rights, copyrights, personal rights, or data protection rights;
b. Users/Performers will not publish false or misleading information that could harm the Administrator or third parties, including other Users and Performers;
c. Users/Performers will not publish, share, stream or post on the Website any data that is illegal, defamatory, contains slander or threats, nor promote phonographic or computer piracy, disclose hacking techniques, viruses, or any other similar content and materials;
d. Users/Performers will not publish advertisements or commercial offers without the Administrator's consent;
e. Users/Performers will not impersonate any other person or entity, real or fictitious, falsely claim an affiliation with any person or entity, access other Users' or Performers' accounts, provide false information about the source, nature or content of the data transmitted via the Website, or otherwise mislead other Users, Performers, or the Administrator;
f. Users/Performers will not use the Website for any purpose other than using the Services provided by the Administrator;
g. Users/Performers will not evade or deactivate the Security of the Website;
h. Users/Performers will not post offers, advertisements, suggestions or send spam to other Users and Performers, including advertising materials, promotions or offers, distribute commercial information to multiple Users/Performers, "forward" messages, announcements, requests for charitable donations or to sign petitions, in particular, Users/Performers may not post links referring to other websites, banners and other advertising creations, nor distribute advertisements and commercial offers via emails (or private messages) addressed to other Users or Performers - without the Administrator's consent.
i. Users/Performers will not use the Website for any illegal purposes or to violate national or international laws, including copyright protection, industrial property rights and other property rights, as well as data protection laws and criminal terms particularly concerning prostitution, pimping, pornography, procuring, pimping, etc.,
j. Users/Performers will not defame, harass, offend, cheat other Users or Performers, collect or attempt to collect their personal data or the personal data of third parties without their consent, or threaten them.
k. Users/Performers will not attempt to break the source code of the Website or any of its parts, or manipulate it in any way,
l. Users/Performers will not modify, adapt, translate the Website or any of its parts (including the Terms), or create derivative works based on them;
m. Users/Performers will not intentionally disrupt the operation of the Website or interfere with other Users or Performers' use of it, especially by posting or spreading viruses or other harmful software such as adware, spyware, etc.;
n. Users/Performers will not disrupt or attempt to disrupt the operation of the Website or any operations performed using the Website;
o. Users/Performers will not take actions aimed at reading other Users' or Performers' access passwords, including attempts to guess passwords;
p. Users/Performers will not transfer for a consideration or otherwise provide for a consideration a part or the entirety of their Account/Performer's Account,
q. Users/Performers may not post data on the Website containing any personal data of third parties,
r. Users/Performers may not impede the use of the Website by other Users and Performers in any way,
s. Users/Performers may not incite other Users and Performers to violate the provisions of these Terms,
t. They may not collude to gain financial or non-financial benefits by defrauding other Users, cheating them in any way, making unfounded promises, etc., including behaviors referred to in point 5 paragraph 11.
9. Payments and tokens
1. Upon meeting the requirements of the present terms, the Administrator should facilitate live image transmission on the Website for each Performer using webcams.
2. The Performer has the autonomy to set the number of tokens that a User or Users must pay if they wish to see a specific show, including via private show or ticket show.
3. Users compensate Performers by giving them tokens. Users can purchase tokens through the Website and its available payment channels by clicking the “buy tokens” icon or similar. Upon clicking this icon, a price list will appear, displaying the amount to be transferred and information regarding how many tokens a User can purchase for what price.
4. After acquiring tokens, Users can give these to Performers. The compensation given by the User to the Performer is voluntary. The Performer receives compensation in the amount of PLN 0.11 zł (eleven cents of the Polish Złoty) or the equivalent in another currency, for each token given by the User. Users acknowledge that by giving a certain number of tokens to the Performer, they are effectively paying the Performer a value equivalent to PLN 0.11 zł for each given token.
5. A token merely represents the monetary value that a User wishes to give to a Performer. Tokens are not a virtual currency. Neither the Administrator nor the Performer is obligated to buy back tokens from the User, and they cannot purchase tokens. The concept of tokens serves simply as a simplified representation of monetary transactions carried out within the Website. Giving tokens to a Performer represents the Administrator's duty to give a Performer monetary means from the pool of funds deposited by that User when purchasing tokens, in an amount corresponding to the number of tokens multiplied by PLN 0.11 zł.
6. Parties agree that the compensation payable by Users, due to the Performer, will be paid by those Users through the chosen payment channel (e.g., HotPay) into the Administrator's bank account. Performers and Users hereby authorize the Administrator to collect all amounts due from Users to Performers on the Administrator's bank account. The Administrator deducts commissions due to him from the User by retaining an amount corresponding to that compensation on his account, and the rest (i.e., the value of the tokens given to a certain Performer) is transferred to the Performer's bank account after the User has given tokens to that Performer. The Administrator is not a party to the contract between the User and the Performer, but merely aids in payment processing. The contract binding the User or Users and the Performer encompasses the Performer's commitment to performing a suitable show.
7. To transfer the equivalent amount corresponding to the number of tokens to the Performer, the User must click on the "Send Tip" tab or similar. After clicking, a window will appear in which the User can enter how many tokens they wish to transfer and confirm by pressing the "Send Tip" button or similar. Tokens will automatically be deducted from the User's account, and their equivalent value will be deposited on behalf of the Performer. There is no possibility of reversing this operation.
8. Tokens can be given to the Performer both during transmission, including private show or ticket show, and by clicking on the “Send Tip” tab available on each Performer's profile.
9. The amount of compensation accumulated by the Performer will be transferred to his bank account upon his submission of a statement, including electronically, that incorporates a request to transfer the compensation to a bank account. The Performer can request withdrawal of funds when the number of funds in his account is at least 4,500 tokens.
10. The condition for making a Payout is the confirmation of bank account data with the Performer's data required by KYC.
11. A Performer who wants to withdraw funds is asked to:
a. Sending a clear photo/scan in .jpg or .png format of his identity document to the Administrator – ID card or passport.
b. Confirm the Performer's bank account data.
c. Start a video transmission and show your face to the Moderator in real time for comparison with the document you previously sent according to point a above.
and/or
d. Go through the whole KYC procedure with an external licensed financial payout partner, who will perform the identity checks individually.
12. After the Moderator approves the Performer's identity consistent with the data provided by the Partner within KYC, the Administrator will order the transfer of funds.
13. Payments to the Performer are made within a period of up to 7 business days.
14. The responsibility for paying taxes, fees, and any other charges that, in accordance with relevant terms, are the duty of the Performer in connection with compensation received from the Users through the Website, is entirely within the Performer's purview, which the Performer accepts without reservation.
15. The determination of compensation by a Performer, expressed in the number of tokens for carrying out a certain show (via transmission, including private show or a ticket show) constitutes an offer for sale pursuant to civil law terms. The offer binds indefinitely, but no later than the moment of purchase of the show by the User or Users. After the purchase, the Performer is obliged to perform the specific show, including within the framework of private show or ticket show, subject to clause 17 below. However, the User acknowledges and accepts that the Performer alone specifies the duration of the transmission (which may not be specified in advance) and the duration of the private show or ticket show (the Performer must specify in advance for what compensation he performs the private show and what the duration is of the private show or ticket show for that compensation).
16. The User may also transfer specific amounts of money without wishing to receive any equivalent from the Performer in the form of tips, for example, in order to express sympathy for a certain Performer. Given the character of the amounts being transferred, they constitute a gift to the Performer, the User cannot demand anything in return from the Performer and such resources are transferred non-refundably.
17. Within transmissions, including private/group-private ones, the User can report a breach by the Performer of the obligation to perform a specific show to the Administrator. In such cases, the Administrator initiates an explanatory procedure aimed at establishing the cause of the request for a refund of tokens to the User, and depending on the outcome of this procedure, tokens are refunded to the User or are not returned to the User, who may claim from the Performer their claims before the court or in another chosen way.
18. Apart from the cases described above, the Administrator has no rights to manage or dispose of funds transferred by Users in connection with the purchase of services from Performers.
19. In the event of a User's Account being blocked, he cannot demand the return of the equivalent value of owned tokens for the duration of the blockade.
20. In case of intending to delete the Account, the User is obliged to fully use the owned tokens before its removal. If not done, these tokens (the amount constituting their equivalent value expressed in Euros) are not returned to the User.
21. Any User participating in a private show/ticket show can alert the Administrator of abuse for verification by the Administrator to see if the Performer violates Terms, in particular not performing the show for which the User paid or performing the show in a way inconsistent with the description of the transmission. In the event of reporting abuse, suspension of the Performer's compensation payout equivalent to the value of transferred tokens occurs until verification of the transmission by the Administrator, but no longer than for 7 days (A ticket show must be reported in the manner described above by a minimum of 30% of Users who bought a ticket for it). In the event that the Administrator determines that the Performer is not performing the show for which the User paid, or is performing the show in a way inconsistent with the description of the transmission, the Administrator may refuse to transfer the payout to the Performer in an amount equivalent to the tokens transferred by the User to participate in the private show/ticket show. In such a case, a User who used tokens in connection with a private show / ticket show does not lose them.
22. In the event that, for any reason, the Administrator does not make a transfer of the monetary equivalent of tokens for a given Performer, the Performer is entitled to a complaint under the procedure described in point 13 paragraph 6. The User is also entitled to a complaint in the scope of payment to the Performer of the equivalent of tokens converted into Euros. Any liability of the Administrator in the scope of the above mentioned claims is limited to the amount of:
a. in the case of the Performer – which was to be transferred by the User and is the equivalent of tokens converted into Euros (1 token = PLN 0.11 zł),
b. in the case of the User – paid to the Administrator during the last, directly preceding the submission of the complaint, purchase of tokens.
23. The Administrator may suspend all monetary transactions between the User and the Performer, and also monitor payments made by Users into the Administrator's bank account, in the event of suspicion that these actions bear the hallmarks of illegal behavior, in particular related to money laundering.
10. Disclaimer of liability
1. To the extent permitted by law, the Administrator's liability is excluded for:
a. any damages resulting from the use of the Website, access to it, or inability to use the Website by the User or Performer due to causes beyond the Administrator's control,
b. any damages resulting from viruses, trojan horses, etc., which may be transmitted to the Website or through it by third parties,
c. the consequences of the User's or Performer's access password being obtained by third parties, if this occurred for reasons attributable to the User or Performer, in particular, the cause is considered to be the User or Performer providing a password to a third party,
d. any damages to the User or Performer resulting from improper content sharing,
e. any actions taken by the Administrator in relation to the User or Performer related to their violation of legal terms or provisions of the Terms, in particular, such as blocking the Account or access to the Website, limiting the ability to use certain Services or functions within the Website,
f. any damages resulting from transmitted or stored data,
g. violation and consequences of the violation by the User or Performer of legal terms or the rights of third parties, in particular, for any damages caused to third parties by the User or Performer as a result of violating copyright, industrial property rights, etc., in particular, for damages resulting from transmitting, disseminating, publishing, sharing data, to which the User or Performer does not have the required copyright or other rights,
h. all actions and their consequences resulting from the User or Performer violating the provisions of these Terms or providing by the User or Performer false or untrue information or making by them false or untrue statements and assurances referred to in these Terms,
i. any actions consisting in the User or Performer collecting personal data in a way contrary to the law, and their processing, in particular sharing unauthorized third parties' personal data of other Users or Performers,
j. any damages resulting from the use of the Website in a way contrary to the provisions of point 6 and 8 of the Terms,
k. any damages, demands, compensations, reimbursements related to the claims of one User against another User of the Website (exclusion of the Administrator from disputes between Users) or in connection with the User's claims against the Performer or vice versa (exclusion of the Administrator from disputes between Users and Performers).
2. The Administrator is not liable in particular towards third parties related, in particular, to the non-performance or improper performance by the User or Performer of this agreement, the commission by the User or Performer of an act prohibited, violation by the User or Performer of legal terms and associated with providing by the User or Performer false information, assurances or statements. In the event that third parties direct to the Administrator any allegations, claims, complaints, petitions, demands, complaints etc. related to the behaviors of the User or Performer, referred to in the previous sentence or in paragraph 1 above, the User or Performer respectively undertake to bear full liability towards these entities, which means in particular, that the User or Performer will cover all costs related to the above incurred by the Administrator or to which the Administrator will be obliged in any form to incur, including in particular legal aid costs, fees, damages, fines, surcharges, cash penalties, contractual penalties, costs of summonses, appearances in court or before a state body or public administration, correspondence costs and all other possible costs, fees etc. In addition, in the event of third parties bringing any claims against the Administrator due to the violation of their rights by the User or Performer, in particular copyrights, the User or Performer will take the place of the Administrator in the proceedings or join the case as an auxiliary intervenor.
11. Copyright and Intellectual Property Claims
Although this website is not headquartered in the United States, the Administrator uphold the principles of intellectual property rights and acknowledge the significance of copyright protection. Therefore, the Administrator voluntarily adheres to the Notice and Takedown procedures outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”). The administrator strictly prohibit any activities that infringe upon copyright or other intellectual property rights on our platform. Upon receiving proper notification of infringements on third-party intellectual property rights, the Administrator will promptly remove the content without prior notice. Additionally, individuals who repeatedly infringe upon these rights will have their access and privileges revoked.
If you are the rightful copyright owner or an authorized agent and have reason to believe that any material on privcam.com violates your copyright, you are encouraged to submit a formal notification in accordance with the provisions outlined in the Digital Millennium Copyright Act ("DMCA").
Please note that the information contained in this legal notice will be communicated to the individual responsible for the allegedly infringing content.
This notice should be sent to the following e-mail address: support@privcam.com
The DMCA complaint should include the following details, as specified in 17 U.S.C. § 512(c)(3):
1. Provide your full legal name, physical address, phone number, email address.
2. An identification of the copyrighted work claimed to have been infringed
3. An explanation of the type and specific location of the material that you assert infringes your copyright is required. For instance, we request a link to the exact post containing the material and a description of the specific element of the post—such as an image, a hyperlink, the text, etc. that your complaint pertains to.
4. A physical or electronic signature from the copyright owner or an individual duly authorized to represent them is required.
5. A statement indicating your genuine belief that the utilization of the material, as outlined in the complaint, is not sanctioned by the copyright owner, their representative, or by applicable law;
6. A statement, under penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are either the copyright or intellectual property owner, or are authorized to act on behalf of the owner.
Counter-Notice Procedure
If the Recipient of a Notice of Claimed Infringement (“Notice”) believes that the Notice is false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against our site relating to the actions taken in response to the counter-notification.
To submit a counter-notice, please send an e-mail to: support@privcam.com, with to the following information:
1. The Recipient’s full legal name, physical address, phone number, and email address.
2. A detailed description of the material that was removed or disabled in accordance with the Notice.
3. A description of where the material was located within our site or the content before its removal, including specific URLs associated with the material.
4. A statement indicating the Recipient’s belief that the removal or disabling of the material was done erroneously. For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
12. Termination of contract
1. Both the Users and Performers, as well as the Administrator, have the right to terminate the agreement.
2. The termination of the contract by the Administrator takes place by deleting the Account or Performer's Account or blocking the User / Performer's access to the Website. Deletion of the Account or Performer's Account or blocking the User / Performer's access to the Website can happen after 14 days from sending to the User / Performer's e-mail address information containing a declaration of termination / blocking access. However, in the event of a serious breach of this agreement's provisions by the User / Performer, especially committing a copyright infringement or third party personal rights, violation of the law or essential provisions of these Terms, the Administrator may terminate with immediate effect by immediately deleting the Account/Performer Account or blocking the User / Performer's access to the Website.
3. Termination of the contract by the user or the Performer takes place by liquidating the Account or Performer's Account accordingly. The User / Performer can at any time request electronically to delete the Account / Performer's Account by the Administrator. The Administrator has the obligation to immediately delete the Account / Performer's Account, no later than within 3 days from the receipt of the request from the User or Performer. After the ineffective expiry of the above deadline, the contract is terminated.
4. The Administrator also has the right to temporarily block access to the Account or Performer's Account in the event of a breach of the Terms provisions of lesser severity.
5. Regardless of the above, the agreement between the Performer or the User and the Administrator expires if the given Performer or User has not logged into the Website for the next 730 days. Unpaid or used up to this point amounts expressed in tokens are zeroed without equivalent from this title on behalf of the Performer or User.
13. Final provisions
1. Changes to the Terms are announced on this subpage and sent to the User by email, to the address provided during registration.
2. Any alteration of annex content is announced on this subpage and does not constitute a change to the Terms.
3. All data acquired by the Website Administrator in connection with the Website operation is processed in accordance with the Privacy Policy, to which the User and Performer agree upon accepting the Terms. This consent is also expressed separately when agreeing to processing and constitutes an independent clause. It is repeated here as crucial information for the user.
4. Any communication with the Website Administration should be conducted via email, using the email address support@privcam.com.
5. Any observations regarding violations of the Terms by Users or Performers can be reported to the Administrator at the following email address: support@privcam.com.
6. The User and the Performer have the right to lodge complaints about the Services provided by the Administrator within the Service. Complaints should be sent electronically to the email address: support@privcam.com. Complaints will be considered within 7 days from receipt by the Administrator. The response to the complaint will be sent to the email address from which the complaint was sent, or to another provided by the User or Performer.
7. Any provisions that prove to be invalid or ineffective will not affect the validity of the remaining provisions. Invalid provisions will be replaced by valid provisions that most closely match the economic meaning, the intentions of the parties, and the purpose of the ineffective provisions.
8. The User and the Performer consent to the transfer of rights, obligations, claims and/or receivables from the agreement binding them with the Administrator to a third party.
9. The present Terms come into effect on 02.04.2024.