Terms & Conditions Last Updated July 14, 2014, Version 2.0 1. Introduction Norfex Services Ltd (“us” or “we” or “our”) provides a website and mobile application to help you connect and interact with other users of our website and application (the “Service“) through the http://iwantucams.com website (the “Site” or “site”). These Terms and Conditions set out the terms under which the Service is provided to you. By registering with the Site you become a member of the Service (a 'Member'). The Service is being provided to you pursuant to these terms and conditions, our Privacy Policy and any operating rules, policies, and procedures as published on the Site (collectively, the “Agreement”). We reserve the right to change the terms and conditions of the Agreement, change the Site (including discontinuing any content on or feature of the site) or change any fees or charges for using the Site or Service at any time. You understand that by accessing or using the Service, you may encounter content that may be deemed sexually explicit, mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Service. In addition certain content and materials available on or through the Service are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material. By using the Service, you agree to be bound by everything contained in the Agreement. The Agreement constitutes a legally binding contract and in the event that you do not agree to any portion or provision contained in the Agreement, do not continue to use the Service and leave the Site immediately. 2. Use of the Site 2.1 Eligibility To be eligible to use the Service: You must be over 18 years of age or have reached the age of legal majority in the jurisdiction in which you are accessing any portion of the Service from, whichever is greater (the “Age of Majority”). You will not allow any third party to utilize the Service who has not reached the Age of Majority. You must provide certain current, complete, and accurate information about yourself at registration and maintain and update such registration information ('Registration Data') so that such information remains current, complete and accurate. You have not and will not access or use the Service from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction. Your use of the Service is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs of all applicable jurisdictions. The Site may refuse to offer the Service to anyone without the need to give any reason and may change its criteria for Membership at any time whatsoever in its sole and absolute discretion. The Site will notify you if you have been accepted and registered as a Member. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, the Site retains the right to terminate your Membership immediately and without a refund. 2.2 Restrictions on Use You agree that you will not post any content on or through the Service, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Service that, in our sole and absolute judgment: impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity; discloses any personal or confidential information of any person or organization without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes discloses, solicits or requests personal information from anyone under the Age of Majority or discloses or solicit passwords for unlawful purposes; uses any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent and without our prior express consent; contains any material which is or can be harmful to technology (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, junk mail, chain letters, harmful components, corrupted data or other malicious software or harmful data); promotes racism, bigotry, hatred or physical harm against any group or individual; promotes, facilitates, or enables illegal or unlawful activities; is intended to harass, annoy, threaten or intimidate any Member or any other people or organizations; is defamatory, inaccurate, obscene, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience; is deliberately misleading or fraudulent contains another’s copyrighted material (such as music, videos, photographs, images, etc.), trademarks, patents, trade secret or other proprietary information, without first obtaining their consent; advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of unauthorized commercial solicitation; interferes or disrupts networks connected to the Service or attempts to interfere with the proper functioning of the Service (including imposing an unreasonable load on the technical infrastructure used to operate the Site) contains any material which may infringe or violate any third party’s rights violates any applicable local, state, national or international law; provides material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organization; “stalks” or otherwise harasses another person or user or Member collects or stores personal data about other users or Members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information; deletes or revises any content or material posted by any other person or entity access data not intended for such user or logging into a server or account which the user is not authorized to access attempts to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization; attempts to interfere with service to any user, host or network; forges headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services sends unsolicited messages, including promotions and/or advertising of products or services. If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Service, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Service. We actively encourage all users to report any breaches of the Agreement to us. 2.3 Email and Text Messaging As part of the Service, the Site offers email updates that inform our Members of exclusive discounts and promotions as well as a number of reward opportunities. By submitting your email address you are agreeing to receive this regular correspondence from us. You can easily unsubscribe or reduce the number of emails and/or text messages you receive from us from any email that we send you by texting STOP as a reply to the text message or contacting us directly by telephone. 3. Password and Security Access to and use of the Service is through a combination of User Name or email and Password. You are responsible for ensuring that you maintain the confidentiality of your User Name and Password and you must not permit any third party to use the Service on your behalf. You agree to immediately notify us of any unauthorized use of the Service through your account or any other breach of security known or suspected by you. 4. Changes to the Service We reserve the right, without liability, to modify or discontinue any part of the service, temporarily or permanently. We will give you the maximum amount of notice of such modification or discontinuance as is practicable in the circumstances. Notice of any changes to the service will be made by posting the changes on this site. 5. Modifications to Terms and Conditions We may change anything contained in the agreement from time to time. We will post any portion of the amended agreement on the site upon any such change. The amendments automatically become effective immediately after they are initially posted on the site and any use of the service occurring after such date is subject to the amendments. Your continued use of the service after the posting of the amended agreement on the site constitutes your acknowledgement of the agreement and its modifications and agreement to abide by and be bound by the agreement, as amended. The terms and conditions of the agreement may not otherwise be amended, except in writing and agreed to by all parties. 6. Rights 6.1 Limitations on Use of Content Content presented to you as part of the Service ('Content') is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use this Content as expressly authorized by us. These terms and conditions do not transfer any right, title, or interest in the Service or the Content to you and you may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by us. 6.2 Our Rights to Use Information in your Profile You authorize us to reproduce and broadcast the information contained in your profile including your name, photograph, preferences, or any other information you provide in your profile, throughout all or part of our Site and our Affiliate Company Sites and our Partner Companies Sites for the purposes of delivering the Services to you and for marketing and other purposes as explained in more detail just below. By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and Affiliated Companies, a non-exclusive, royalty free, worldwide, irrevocable license to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorize our sub-licensees to do the same. You further waive any moral or potential infringements rights you may have in any such information or content. Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us. Full details on how we use your information are contained within our Privacy Policy 7. Privacy Policy and Data Protection We want to be very clear about what we do with the information we gather from you. This is explained below and in our Privacy Policy. We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you are accurate. Account information sent outside the EEA by registering and creating an account you consent to the wider dissemination of the information you provide in that account to the other users of the service, our affiliated companies and third party service providers, some of whom may be outside the European Economic Area (‘EEA’), to allow you to communicate in an online environment and otherwise take advantage of the service. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; (ii) to the extent that we are compelled to disclose it by law (iii) to comply with an instruction of a legal or regulatory body of competent jurisdiction or (iv) as part of a sale, merger, or acquisition. For full details on how, where and for what purposes your data is stored and transferred please review our Privacy Policy. 8. Conduct You are solely responsible for the actions of anyone using any User Name provided to you and the content of your transmissions through the Service. You agree to abide by all restrictions on use of the Site described in Section 2.2 above. You agree to comply with all applicable laws and regulations in your use of the Service including, without limitation, the Data protection Act 1998. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the Service for illegal or immoral purposes and to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to publish, post, promote or otherwise transmit through the Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You agree not to transmit or post any material that is defamatory, libellous or slanderous or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations. You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on the site belonging to you or any third party. Under these Terms and Conditions you agree not to engage in surveys, contests, chain letters or post or transmit 'junk mail', 'spam', 'chain letters', or unsolicited mass distribution of e-mail. You agree not to use the Service to promote another service, site and/or business or solicit other Members' business or to buy or sell products and/or services. We do not endorse the content of any Member postings or data and we do not assume any responsibility for any threatening, libelous, defamatory, slanderous, abusive, hateful, vulgar, harmful, pornographic, obscene, harassing, racially, ethnically or otherwise objectionable material of any kind or nature or any offensive material contained in such materials, or any crime facilitated by use of this Site. By using the Services, you agree not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another's computer. You agree not to interfere or disrupt networks connected to the Service. You agree not to use any device, software or routine to attempt to interfere with the proper functioning of this website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure. In the event that you post or make accessible communications or other materials that infringe the copyright of a third party, we may immediately terminate your access to the Service and you agree to indemnify us for any all claims, demands, causes of damages related to said infringing materials. We may, in our sole and absolute discretion, immediately terminate your access to the Service should your conduct fail to conform with any provision of this Agreement or if we decide in our sole and absolute discretion that your use of the Service may cause liability to us or any other user or Member. You acknowledge and accept that any details posted by you on the service will be displayed on this site and will therefore be accessible by other members. We have no control over the quality, compatibility or safety of the members; or of the truthfulness, accuracy or completeness of any posting on this website. Because we do not review the substance of the postings on this website, you must be careful in dealing with other members to recognize the possibility that other members' information may, despite the prohibitions set out in these terms and conditions, be inaccurate or deceptive. We reserve the right, but have no obligation, to monitor the information or content you or anyone using your account submits to the services or post in the public areas of the services. We have the right to remove any such information or content: (i) that in our sole opinion violates, or may violate, any applicable law, or these terms of use; (ii) or upon the request of any third party e.g. in the event that a third party alleges you have infringed their intellectual property rights. Be aware, we do not conduct background checks, criminal or otherwise on any model, user or member of our services in any jurisdiction. 9. Affiliates and Partnerships We cannot offer affiliate programs to individuals/companies or websites which contain illegal photographic material or illegal content. 10. Disclaimer of Warranties This section will apply to the maximum extent permitted by applicable law. We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. We do not warrant that your use of the services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the service will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the services. Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service, provided through the service, or transmitted to or by any guests, basic members or paid members 11. Storage of Data We reserve the right to establish a limit on the amount of computer storage a Member may use through the Service. We assume no responsibility for the deletion of or failure of the Service to store transmissions, data or posting. 12. Limitation of Liability and Indemnification 12.1 Limitation of Liability To the maximum extent permitted by applicable law, in no event will we be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the service, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising. To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the service. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you. Where legally prohibited, we do not exclude or limit any liability for death or personal injury due to our negligence. We do not accept responsibility for the security or content of any information which members supply through the site and will not be liable for the content of any communications or messages received by you from any other member. Our liability to you in any circumstances is limited to the amount of fees or commissions collected by the site from you or $100.00, if you are a non-paying member. 12.2 Indemnity You agree to indemnify, defend and hold us, our parents, subsidiaries, affiliates, officers, directors, owners, agents and employees harmless from and against all liabilities, claims, causes of action, debts, losses, costs and expenses (including reasonable attorneys fees) relating to or arising, directly or indirectly, out of: (i) your, or anyone using your account’s, use of or inability to use the services, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account in violation of these terms of use or your or anyone’s using your account in violation of any rights of a third party, or (iv) your or anyone’s using your account in violation of any applicable laws, rules or regulations. Any breach of these terms and conditions by you. This indemnity shall be applicable without regard to the negligence of any party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right. 12.3 links to other third party sites Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 13. Payments & pricing We offer a wide range of service packages for our users. Please click here for more information. You may also click on the [Payments] tab on our home page. 13.1 Funds Our services are paid for with Funds purchased through our site. We will advise you of the charge for the Funds before you make a payment and get billed. Once we start to action your request, you will not be able to cancel it, but you may cancel the following period’s charges by changing your account (in case you have chosen such an option when you paid for your purchase). Just go to the payment page and untick the checkbox. Once cancelled, you may have to pay a different amount of Funds to rejoin the services. 13.2 Webcam and Live Chat Our Site provides the opportunity to view models for free and to engage in a live chat with our models for a fee to be paid by Funds. We offer the opportunity to chat with our models over your mobile device or the internet. You may use Funds that you have purchased to participate in this service. 13.3 Tips We offer you the opportunity to tip any model available through our Site. If you are especially pleased with the services a model offers you and would like to provide the model a tip, just go to the “Leave a Tip” button in that model’s profile and follow the instructions there. You will be asked to type in an amount or chose an amount from a list. You will then be asked to confirm your decision. Once confirmed, we will deduct that payment from your Funds or if you have insufficient Funds, we will charge your credit card the tip amount. Tips are not refundable under any circumstances. 13.4 Price Changes We reserve the right to change our pricing at any time and notice of any change will be listed under our Payment Information tab. 13.5 Questions about Billing If you have questions about a charge made to your account, please contact us prior to contacting your credit card company. You may contact us by email or telephone +44 8000517318, and explain why you dispute the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your account with the disputed amount in a timely manner to avoid any further inconvenience to you. 14. Refund Policy The billing system used by the Website or our authorized agents provides extensive credit card fraud protection measures and includes many features to protect users from accidental charges. The Website will issue refunds in its sole and absolute discretion. Requests for refunds are taken very seriously and will be carefully reviewed and considered. Only genuine requests will be considered. If there is evidence that you have made use of the website during a period of time when you claim you have not, we will not offer any form of refund. The Website does not provide cash refunds; the requested transaction is refunded back to the customer by our authorized billing agent. If an issued refund is for a recurring billing, only the most recent payment will be refunded. A refund for a recurring billing will result in an immediate cancellation of recurring service. A refund of fees for any non-recurring service(s) will result in immediate termination of access to the service(s). On issuing a refund, the Website reserves the right to add the customer to the negative databases of our associated authorized billing agents, and to any third party fraud prevention agents associated with our products. Under no circumstance will Tips be refunded. 15. Termination of Account You may terminate your account at any time with immediate effect by providing written or electronic notice. Should you object to any provision of the terms and conditions or any subsequent modifications, your only recourse is to immediately terminate use of the Service and notify us of termination. For written termination notices only, please mail to and allow 10 days for processing: Norfex Services Ltd Msida Valley Road , Floor 5, 115A Birkirkara BKR 9024 Malta +44 8000517318 Email: support@iwantucams.com In our sole and absolute discretion and without refund, we may terminate or suspend your account at any time by serving 1 day's notice of termination on you, or immediately and without notice if you have breached this agreement. Upon termination of the service, your right to use the service immediately ceases and you acknowledge and agree that we may immediately delete the files in your account, barring any further access by you to such files or the service. We shall not be liable to you or any third party for termination of your membership in accordance with this agreement. If your access to any of the services is suspended due to any suspected (in our opinion acting reasonably) or actual breach of these terms of use, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due. Following any termination of your use of the services, we reserve the right to send a notice explaining such termination to other members you have contacted through the services. 16. Cancellation Should you desire to cancel your membership please contact us by email at support@iwantucams.com. 17. Contact You can contact us about any problems or questions with this Site at support@iwantucams.com. We reserve the right not to respond to any membership queries that do not include your Site User Name. 18. Jurisdiction and applicable law, assignment and class action waiver 18.1 Jurisdiction and Applicable Law This Agreement shall be governed by and construed in accordance with Cyprus law (excluding its conflict of law rules). Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the relevant Arbitration Laws of the Republic of Cyprus, which are deemed to be incorporated by reference to this clause. Any of the Parties to this Agreement may refer to arbitration by resorting to the Cyprus Eurosia Dispute Resolution and Arbitration Center (“CEDRAC”) or the Cyprus Arbitration and Mediation Centre (“CAMC”), if the CEDRAC is unavailable. The arbitral tribunal shall be composed of a single arbitrator to be nominated by the CEDRAC or the CAMC (if the CEDRAC is unavailable). The place of arbitration shall be Nicosia, Cyprus. The language of the arbitration proceedings shall be English. The arbitral award shall be final and binding on the Parties. Nothing herein limits the right of any Party to bring proceedings against the other Party before the Cyprus courts or any other courts of competent jurisdiction in order to enforce an arbitration award rendered in accordance with this section; or make a claim for interim or injunctive relief. 18.2 Assignment You agree that we have the right to assign or sub-contract any or all of our obligations under this agreement. You shall not, without our prior written consent, assign this agreement. 18.3 Class action waiver In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
