Last revision: March 16, 2011

Terms of Service and Conditions Agreement (hereinafter “TOS”)

READ ALL OF THE FOLLOWING TERMS. YOUR REGISTRATION AS TUBECAMGIRL MEMBER IS YOUR DIGITAL SIGNATURE INDICATING THAT YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY ALL THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT REGISTER. WHO DOES NOT AGREE TO ALL THE TERMS IS NOT AUTHORIZED TO USE TUBECAMGIRL.

1. DESCRIPTION OF SERVICE AND OWNERSHIP STATEMENT

The web site running on TubeCamGirl.com is solely owned and operated by the Dutch company MCAMnet B.V., CoC number 34286495, VAT number: NL8186.49.768.B01, address: Dokweg 33b, 1976CA IJmuiden, The Netherlands.
The service owner MCAMnet B.V. and all the entities or people who operate TubeCamGirl.com, including but not limited to its authors, its employees, directors, shareholders, independent contractors, representatives, agents, partners, co-branders, affiliates, licensors, service providers, suppliers, parents, subsidiaries, assigns and successors are hereinafter collectively referred as “TubeCamGirl”, “our”, “we”, or “us”.
TubeCamGirl is a neutral interactive communications provider acting as a passive conduit of Video Chats, available for adult people who independently decide and arrange to communicate with each other. The resources and services provided via or available in this web site at any time (hereinafter “Video Chat” or “The Service”) enable to transmit and receive texts, photos, audio, video, graphics, music, information or other multimedia material, including reproductions in any form of real or fictitious person, property, story, opinions, name and appearance (collectively hereinafter “Content”) from, to and between:
(1) independent women (hereinafter “Online Girls”) verified to be 18 years old or older via ID records as required by Dutch law and 18 U.S.C. 2257 law (see: 18 U.S.C. 2257 Compliance statement), who granted to TubeCamGirl a license to transmit their self-produced live video cam Content; and
(2) independent and mostly male individuals with capability to receive video (hereinafter “Members”), all verified to be 18 years old or older by own declaration at signup.
Online Girls and Members (collectively hereinafter “Users”) are not employees or contractors of TubeCamGirl, which does not directly control or necessarily endorse their online or offline conduct and Content, and does not hire, contract for, manage or otherwise arrange for the participation of any User in producing or receiving any Content.
You agree that for all claims arising hereunder we shall be deemed an Internet Service Provider (“ISP”) as that term is defined in the Digital Millennium Copyright Act (“DMCA”), and/or an Interactive Computer Service as that term is used in the Communications Decency Act, and/or as in 47 U.S.C. § 231(e) and § 231(f), and/or a provider of information society services as that term is defined in article 3:15d of the Dutch Civil Code (“Burgerlijk Wetboek”).
As confirmed by the California Supreme Court on November 20, 2006 in the Barrett v. Rosenthall case, the Section 230 of the federal Telecommunications Act of 1996 protects and immunizes Internet publishers or distributors who are non-authors, including TubeCamGirl, from being held liable for Content originally created and developed by others, including TubeCamGirl Users who, when authors of own Content, are solely liable for it.
TubeCamGirl exempts from liability as described in article 6:196c sub 1 of the Dutch Civil Code as the activity of TubeCamGirl is limited to the technical process of operating and giving access to a communication network over which information made available by third parties is transmitted or temporarily stored, for the sole purpose of making the transmission more efficient. This activity is of a mere technical, automatic and passive nature, which implies that TubeCamGirl as information society service provider has neither knowledge of nor control over the information which is transmitted or stored.


2. ELIGIBILITY AND REGISTRATION OF MEMBER ACCOUNT

TubeCamGirl may include depictions of full nudity and discussions of frank adult nature and should not be accessed by anyone who is not of majority age and/or does not wish or is not allowed to be exposed to such Content. The Service and its Content is directed only to whom is not prohibited to use it, and by making it available we do not intend to offer, enable or invite you to contravene any applicable law. Before registering a Member account, you are solely responsible for verifying that your use of The Service does not violate any laws or regulations of any jurisdiction that applies to you.
We reserve the right to request proof of age at any stage to verify that minors are not using The Service, and to cancel Member accounts of who we suspect to be underage. To prevent access to minors we labelled each page with both RTA and ICRA parental control filters and for the entire viewer Users age verification, based on a self declaration, is required prior to receive any Content. By using TubeCamGirl, you are making the following statements: “I affirm that as of this moment, under penalty of perjury, I am at least 18 years of age (or 21 in countries where 18 is not majority age).
I will not permit to any persons under the age of 18 years (or 21 where required) to view or access in any way TubeCamGirl and its Content, and I represent that I have the capability to do it effectively. I warrant that I am not offended by visuals of any type or detail of nudity even if including pubic area, lascivious manners or sexually explicit conduct and that such Content is legal, accepted, and normal in my city, local community, and family.
I acknowledge that it is my responsibility to determine what is acceptable in my local community, and hold TubeCamGirl harmless if any behavior I might engage in will result in any civil or criminal penalties in my local community. I am volunteering to view, hear, and be exposed to such Content solely for my own enjoyment and information.
I have never been convicted of a felony or any criminal act characterized as a sexual offense or harassment.”
We reserve the right to refuse or cancel your registration if we become aware that you were guilty of questionable behaviour at our or any other online site.
TubeCamGirl is for the personal use of individual members only. Organizations, groups, companies, and businesses may not become Members and should not use The Service for any purpose.
Neither the login Member name nor password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise. Please be warned that your Member name must be not offensive or questionable, since it will be displayed as your nickname (alias, handle) in Video Chats with the Users. Members are responsible for providing all personal computer and communications equipment necessary to gain access to The Service.
Your acceptance of the TOS and the creation of a Member account on the Service does not provide or create such forms of legal relations with the User as establishment, company, joint venture, labour relations or trading relations.


3. MEMBER SECURITY OBLIGATIONS AND RESPONSIBILITIES

As a Member, you must keep your secret password strictly confidential and may not share the Member account with others including your family members, friends and co-workers. You should protect against unauthorized access to your computer using caution when logging in so that others are not able to record your password and ensure that you sign off and close The Service always prior to leave the computer unattended.
You agree to immediately notify us of any theft and unauthorized use of you Member account. You are entirely responsible and liable for all activities of the Member account, even if they occur without your permission.
The Service may contain links to third-party web sites that are not owned or controlled by TubeCamGirl. TubeCamGirl will not and cannot censor or edit the content of any third-party web site and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites. TubeCamGirl cannot and will not be liable for any loss or damage arising from your failure to comply with the above security provisions.


4. MEMBER IS GRANTED A LIMITED LICENSE FOR PRIVATE USE

TubeCamGirl grants to you a limited, personal, revocable, non-exclusive, and non-transferable right and license to access and use The Service, for private and non-commercial purposes only, via a unique access from one computer or device at a time. Except for the rights and licenses expressly granted in this TOS, you do not acquire any rights, title or interests whatsoever in the The Service and its ideas, structure, organisation and documentation.
All intellectual property rights in and to The Service are and shall be owned by TubeCamGirl, including, but not limited to, database rights as defined in the Dutch Database Act of 8 July 1999 (“Databankenwet”), copyrights as defined in the Dutch Copyright Act 1912 (“Auteurswet 1912”), design rights, trade secrets and trademarks (whether registered or unregistered), graphics, ideas, software code and text, including this TOS. You agree not to record, store, edit, modify, copy, reproduce, distribute or create derivative works based on The Service or its parts.
The Users, including Online Girls, grant a personal and non-transferable license to receive their Content solely to the other User(s) attending their own Video Chats. As Member you do not have the right to store or edit the Video Chats or transmit its copies to any person or entity, unless you obtain an express authorization to do it from the true author of the Content, who normally is the User from which such Content originated.
Unless you get a special license from the Content author, you must never keep, edit or distribute Content recordings and further, you must always hide your computer screen from people if you are in shops, offices, streets, friend’s homes or whatever public place during a Video Chat, to keep its Content private.
Prohibited uses include, under any circumstances: (a) permitting other person or entity to directly or indirectly use, access or be beneficiary of The Service or its Content, including showing Video Chats to third parties in private or public display; (b) modifying, translating, reproducing, making copies or creating derivative works based on The Service or its Content; (c) renting, leasing, selling, trading, reselling or transferring any portion, use or rights of The Service or its Content; (d) making any other use of The Service not specifically authorized in this TOS.
Member agrees not to resell, assign, sublicense, otherwise transfer, or delegate his or her rights or obligations under this TOS. All the rights and licenses granted to you in this TOS are automatically revoked upon termination of the Member account(s) or upon our banning of yourself as a person from viewing the service by any means. By exercising any rights to The Service provided herein, you accept and agree to be bound by the terms of this TOS, provided that the content of this TOS has been made sufficiently clear to you beforehand.


5. USER’S CONTENT: RIGHTS, LICENSES AND DMCA NOTICE

We will not claim to be the authors of the Content or works you post in The Service (for example, poetry you composed), however to make The Service possible we require from you, and you agree to grant us, the rights to host, transmit and modify (adapt and compress) your Video Chats and Content to the other Users which will be your intended recipient(s).
For each Video Chat submission and all the Content you post to The Service, including any of your performances embodied therein qualified as related rights as defined in the Dutch Related Rights Act (“Wet op de naburige rechten”, Stb. 1993, 178) and including reproductions in any form of your real or fictitious person, property, story, name and appearance, you automatically grant to TubeCamGirl, and you represent and warrant that you have the necessary licenses, legal rights, consents, and permissions to grant, a non-exclusive, royalty-free, fully-paid, perpetual, unlimited, worldwide, unconditional, irrevocable right, including any moral rights as in 17 U.S.C. §106(a) and in article 25 of the Dutch Copyright Act (“Auteurswet 1912”) or similar in the law of any other country, and fully sub licensable and transferable license to use, store, reproduce, distribute, modify, adapt, reformat, publish, transmit, arrange, merge, transfer, sell, loan, rent, lease, assign, share, outsource, make available to any person, communicate and display, in whole or in part in any form, media or technology now known or later developed, and to incorporate such Content into derivative works for any purposes, including adult-oriented adverts, with or without reference to your real or fictitious name, all without any notification or obligation to you, of compensation, attribution, approbation or otherwise.
You additionally permit and grant a limited and non-exclusive license to all the Users attending your Video Chats to access, display and view your Content for personal use and during the time of Video Chat only.
Please note that Content made available through websites, magazines, radio, TV, books and other sources, are protected by copyright and should not be inside your Content without the consent of the copyright owner. It is your sole responsibility, and not that of TubeCamGirl, to ensure that you obtain all authorisations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others in The Service. It is not permitted to use or post Content in The Service that includes a photograph or video of another person posted without that person’s consent.
We make a reasonable effort to avoid and/or stop all the copyright breach cases found, and we will process, investigate, and respond to any notification of infringement of any third party’s rights. In the event Video Chats transmits Content causing infringements including, but not limited to, copyrighted texts, music and videos or trademarks used without authorization or license, only the Users who participated are solely responsible. If you are a copyright owner or an agent and believe that any User content infringes upon your copyrights, please contact us giving the proper identification and information: we will respond to reported claims in accordance with the Digital Millennium Copyright Act (DMCA). This provision shall survive termination of this TOS.


6. YOUR VIDEO CHATS PRIVACY LEVEL IS YOUR RESPONSIBILITY

TubeCamGirl does not sell or rent your Member account registration data including personal information such as real name, e-mail and credit card to third parties, as described in the Privacy Policy (online at: TubeCamGirl.com), that you accept by agreeing to this TOS.
We keep confidential and do not publish the Content of your own Video Chats outside your intended recipient(s) list, and we respect your privacy. All the Users, including you, must warrant, by accepting this TOS, to keep confidential all the Content and information received or learned about in the attended Video Chats.
However, we are not responsible for, and cannot control effectively, the use by other Users of any Content, including personal information, which you may choose to disclose and provide to them through The Service. It is the User who independently takes the initiative at own risk to disclose and disseminate personal information and own life Content via Video Chats, accordingly all the consequences of such disclosure, including the unknown or unanticipated ones, are his sole responsibility and he/she waives all recourse against TubeCamGirl for any possible damage or loss of image, honour, reputation or privacy, resulting from the disclosure.
In the Video Chats you will always use your judgment and common sense before making available or trusting whatever information or data, the dissemination of which you consider may cause harm or damage to you or others.
You will not assume that other Users are who they say they are, and use caution when giving out any personal or confidential information, including personal contacts and credit card numbers, as you do so at your own risk. You agree and acknowledge that all the Content you post to Users attending Video Chats may be misused by them, so you are prepared and accept the risk that Users may use and disclose your Content in undesired or unexpected manners to unauthorized people, re-posting it and making it public to a wide audience of people, online and offline, including unknown strangers and/or your friends, fiancée or relatives.
You are warned and agree that in the event of monitoring solicited by law officers, by reports of TOS infringement or any other reason, certain Video Chats, including yours, can and may be attended and read by authorized TubeCamGirl staff, whether or not they are the intended recipient(s).
You acknowledge that TubeCamGirl has no control of the international internet lines used to access The Service because such lines are provided by a third party and, as such, that the security of transmissions to and from The Service, or possible private data theft or leakage done outside our servers, is not the responsibility of TubeCamGirl.


7. LIABILITY OF MEMBERS AND INDEMNIFICATION

TubeCamGirl cannot pre-screen and does not guarantee the accuracy or quality of the Video Chats and Content and you must evaluate, and bear all risks associated with, the use of The Service. You understand and agree that all the Content of Video Chats is the sole responsibility of the User from whom such Content originated, and that TubeCamGirl is not responsible for such Content or its derived activities, despite having a license to transmit such Content live, in real-time.
You acknowledge and agree that you are entirely responsible for the Video Chat you transmit to other Users, and that you are solely liable for the consequences, foreseen or unforeseen, including the unknown or unanticipated ones, of all information and interactive activities which you disseminate and do through The Service, even if a claim should arise after termination of The Service.
Under no circumstances will TubeCamGirl and its affiliates be liable in any way for any Content or activity transmitted or done via the Video Chat, including any legal ramifications that may arise as a result of fraudulent entry into or use of the Video Chat and its Content.
Failure by TubeCamGirl to discover or address prohibited behavior in breach of the TOS or any law, on any occasion, shall not constitute a waiver by TubeCamGirl with respect to any similar behavior in the future.
You acknowledge and agree that if you do not dissociate from breaching Users, and do not report the breach to us within 24 hours, you can be considered as actively endorsing the breach and its author(s).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TubeCamGirl AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, CLAIM, COST OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY AND ALL THIRD PARTIES DUE TO, ARISING FROM OR IN CONNECTION WITH THE USE OR MISUSE OF YOUR MEMBER ACCOUNT, YOUR NEGLIGENT OR WRONGFUL CONDUCT IN THE SERVICE, OR YOUR VIOLATION(S) OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT, OR YOUR VIOLATION(S) OF ANY TERM OF THE TOS OR ANY LAW, INCLUDING BUT NOT LIMITED TO OBSCENE, DEFAMATORY, ILLEGAL OR COPYRIGHT BREACHING CONTENT THAT YOU MAY HAVE TRANSMITTED OR RECEIVED BY OR THROUGH MEMBER ACCOUNTS.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. Notwithstanding the above, TubeCamGirl reserves the exclusive right, but not the obligation, to assume the exclusive defence and control of any matter otherwise subject to defence and indemnification by you, in which event you will cooperate with us and in no event shall you settle any such claim without TubeCamGirl prior written approval.
This provision shall survive termination of this TOS.


8. MEMBERS CODE OF CONDUCT AND LIABILITY FOR BREACHES

You and all the Users agree not to use, or allow others to use their own TubeCamGirl account, either directly or indirectly, to transmit, link to, suggest or advertise any Content or action that in our sole judgment is:
(1) harmful, damaging others, fraudulent, threatening, abusive, harassing, defamatory of living or dead persons, hateful, racist, profane, bigoted, indecent, excessively violent, violating the rights of other Members or otherwise objectionable;
(2) causing or intended to cause annoyance, inconvenience or worry in any way and to any person;
(3) letting you impersonate any person, create false identities, misrepresent or falsely state your affiliation with a person or entity, including the claim to be a TubeCamGirl representative, for the purpose of misleading others;
(4) confidential or private, whether personally identifiable or not, of which you do not have rights or authorization to disclose it, including other people’s phone numbers or home addresses or discrediting, scandalous private information concerning any person or entity without the prior consent of the latter to disclose it, or intentionally causing moral or financial harm;
(5) infringing any patent, trademark, trade secret, copyright or other proprietary rights;
(6) unsolicited or unauthorized advertising, junk mail or spam;
(7) generally considered obscene or indecent including, but not limited to: bestiality, incest, pedophilia, necrophilia, rape, torture, bodily injury, sadistic or masochistic abuse, bodily fluids (defecation, vomiting, blood) in a sexual context;
(8) intentionally or unintentionally violating any local, state, national, international or foreign law, or providing instructions or information about how to engage in illegal conduct and activities;
(9) rated as “for adults only” but made available to a minor or involving minors, or harming a minor in any way;
(10) representing or letting understand that you or other Users are minors, even if as a joke and no one is really a minor;
(11) offering or asking for a massage, escort or any service requiring physical contact or resembling prostitution;
(12) promoting the distribution of illegal drugs or smuggled prescription pharmaceuticals;
(13) a threat, damaging TubeCamGirl, contrary to our purposes, or unsafe for the Users.
You will not use the Video Chat or its Content to harass, abuse, defraud, or harm another person outside TubeCamGirl site, online or offline, prior to or after termination of The Service. You will not express or imply that any statements or actions you make, either online or offline, are known and/or endorsed by TubeCamGirl, except the case of your statements containing exclusively text parts taken from this TOS “as is”.
Even though all of the above Content and conduct is strictly prohibited, we give a warning, and you understand and accept the risk, that you might become involuntarily exposed to prohibited Content while using The Service, but you understand and agree that if it happens, TubeCamGirl will not be responsible or liable for any damages (to or from any party) related to any such exposure, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TubeCamGirl with respect thereto, and agree to indemnify and hold TubeCamGirl harmless to the fullest extent allowed by law regarding all matters related to your use of The Service.
You must notify us in writing immediately if you become aware of any TOS breach by any other User, who is fully responsible and liable (and not TubeCamGirl that instead prohibits breaches), for all the Content that such User transmits onto or via The Service.
YOU AGREE THAT YOU REMAIN SOLELY RESPONSIBLE AND LIABLE FOR YOUR CONTENT POSTS AND CONDUCT ON THE SERVICE, AND THAT YOU MAY RECEIVE UNPLEASANT CONTENT FROM OTHER USER(S) WHO ARE SOLELY RESPONSIBLE FOR THEIR POSTED CONTENT.
If you violate the TOS, whether or not your Content was received by the intended recipient(s), we reserve the right to share and disclose any of your information and Content with any third party as necessary to satisfy any law, regulation, governmental request or partner request, in its discretion.
This provision shall survive termination of this TOS.


9. MANDATORY TubeCamGirl CODE OF ETHICS

The legal issues regulating nudity display, necessitates compliance with certain ethical standards, which goes farther than the base applicable laws.
TubeCamGirl endorse the freedom of expression; however require all the Users to adhere to a code of ethics, part of this TOS. You agree and certify that:
(1) you will safeguard and promote the good reputation of TubeCamGirl and do not make defamatory, untrue and malicious statements about us or any User, either online or offline, including associating or grouping us with different services which, unlike us, include sick or cruel obscenity, unwilling prostitution and/or being abusively rude with women.
You will not commit any acts or display any conduct that damages the reputation of TubeCamGirl and, even in the event that you commit or display such acts or conduct, you shall not claim our endorsement, and do not invite or advise anyone to use TubeCamGirl falsely advertising The Service as suitable for those who wish to commit acts and conducts forbidden in this TOS;
(2) if you are married you must have the authorization from spouse to use TubeCamGirl and in any case you will not use The Service to try solicit contacts for the purpose of extra marital (de facto or relationship) secret encounters or affairs;
(3) you will not post to The Service any information for which you were compensated or granted any consideration by any third party;
(4) if an Online Girl no longer accepts or answers your Video Chats, you will not circumvent her wish to avoid you in any way, including the creation of Member accounts under false names;
(5) you will notify TubeCamGirl promptly of any User’s violation of the code of ethics, and we apology in the case you will be involuntarily exposed to inappropriate or unethical content of other Users, but you understand that such User, and not us, is solely responsible.
YOU AGREE TO INDEMNIFY TubeCamGirl FROM AND AGAINST ANY CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING FROM YOUR BREACH OF ANY OF THE TERMS OF THE TOS IN THE EVENT THAT IT WILL REFLECT NEGATIVELY ON TubeCamGirl, OUR GOODWILL, NAME OR REPUTATION, OR THAT WILL DISCOURAGE ANY PERSON OR ENTITY (INCLUDING ONLINE GIRLS OR OTHER MEMBERS) FROM USING, ENDORSING OR ADVERTISING THE SERVICE. This provision shall survive termination of this TOS.


10. LIMITS AND NOTES ON VIDEO CHATS WITH ONLINE GIRLS

Most of the Online Girls are known to have modeled completely nude for web sites and/or magazines. The Online Girls may wish to show their naked body, including sexually oriented exhibitionism, but please note they are not prostitutes or sex workers.
Accordingly you acknowledge and agree that TubeCamGirl does not represent or warrant that any Online Girl will get nude or do any sexsual acs, and more generally that she will answer your chat posts, or that she will do any action that you will wish or ask, no matter if you have paid to her a tip (donation). The Online Girls are independent, and not under the control of TubeCamGirl.
Members noticing Online Girls actually breaching or just proposing to breach the TOS or any law must suggest them to stop repeating the breach. If an Online Girl insists on repeating the breach, the Member must promptly terminate the Video Chat as sign of non-endorsement of the breach, and report all the details within 24 hours to TubeCamGirl, helping the monitoring.


11. VIDEO CHATS RECORDINGS NOT ENDORSED

TubeCamGirl does not record Video Chats and does not provide functions to save Video Chats, but we warn you that we can not technically prevent the User(s), to whom you send Content, from using tools on their computers to capture and copy their screens. Accordingly, you understand that it is possible for User(s) with whom you have Video Chats, if such User(s) are breaching this TOS, to record and distribute your Content to third parties (via email, youtube or blog-like systems) without asking permission.
TubeCamGirl only gives rights to attend the Video Chat in real-time, live, when it happens, and does not make available or license or publish recordings of the Video Chats, not even to intended recipient(s) who attended it originally in real-time.
If you for whatever reason, for a certain time fail to see a correctly transmitted Video Chat, for example if you keep your eyes away from screen or have a PC monitor or internet failure, you are losing forever such time and piece of Video Chat as we have not, and we will not send you, the recordings of parts that you have not watched or otherwise missed.
In the event that Video Chat recordings exist, it is the sole responsibility of the Member who made such recording, using screen capture software on own PC or in other independent ways, and eventually of the Online Girl or other Members who agreed that the recording be made and/or published, and it is in no way the responsibility, production or endorsement of TubeCamGirl.
In the event that a Member and an Online Girl, as primary and/or secondary producer, create via Video Chat a recording falling under 18 U.S.C. 2257 or other international laws regulating the lascivious display of the pubic area, it is their duty, and not TubeCamGirl duty or responsibility, to comply with 18 U.S.C. 2257 or other laws for each recording, including proof of age ID(s), labeling and storing in database(s) as applicable.
This provision shall survive termination of this TOS.


12. YOUR MANDATORY HELP IN MONITORING THE VIDEO CHATS

TubeCamGirl is a neutral interactive communications provider, simply acting as a passive conduit of User originated Content and Video Chats between independent private individuals, at their sole responsibility. However, we are committed to respecting our obligations to the law.
In our Service, we do not tolerate TOS or law violations from any User, and we make a reasonable effort to discover all the violators, both Members and Online Girls, to either warn them or terminate their accounts.
You recognize that Video Chats occurs live, in real time between the Users only, with no TubeCamGirl obligation to have people supervising or attending, accordingly you agree that we cannot practically, and do not intend to, control, filter, and pre-screen or monitor the Video Chats for accuracy or conformance to the TOS or any laws.
You further understand that even in the event that TubeCamGirl administrator or moderator staff is attending, we can only stop Users from repeated breaches, but not forecast and stop in advance their first one. We apologize in advance for any offensive or otherwise displeasing Content, not endorsed by us, that you may be involuntarily exposed.
In the events and moments when there are no administrators or moderators attending the Video Chat, we further require you, and you agree, to monitor actively The Service in our behalf, so if you notice a Member or Online Girl breaching the TOS or any law, you must report the violation immediately to us including all the details.
If you fail to report to us any violations of the TOS, made when no administrator or moderator attends, by contacting us via e-mail at , you agree that you can be associated with the violators and liable for endorsing them. WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT A VIDEO CHAT CONTENT WAS INFRINGING, YOU MAY BE SUBJECT TO PENALTY OF PERJURY AND/OR DEFAMATION OF OTHER USER(S).
Although TubeCamGirl does not exercise editorial, supervisory or management of User Content, you acknowledge that we reserve the right, but not the obligation, to investigate, monitor some, all, or none of the Video Chats for adherence to the TOS, at any time without prior notice, including when learning via User reports of any violation or alleged violation of this TOS or any law, and take appropriate actions in its sole discretion including, but not limited to, giving warnings, terminating Member or Online Girl accounts and reporting law violations, if any, to authorities.
You acknowledge that TubeCamGirl shall have no liability or responsibility for any action or inaction, failure or delay with respect to monitoring, stopping, storing or removing any Content or conduct of any User. You acknowledge and agree that we may, without further notice to you, access, monitor, preserve, store your Content and disclose it to a limited number of people or entities, if required by law or if in good faith we believe that it is reasonably necessary to: (a) comply with legal process or claims; (b) enforce this TOS, investigate, prevent, or take action regarding illegal or questionable activities; (c) respond to claims that any material violates the rights of third parties, including copyrights and privacy rights; or (d) in our sole judgment, protect the rights, property, prestige or safety of TubeCamGirl, its Users or the public.


13. TRANSACTIONS, CONTACTS, AND DISPUTES BETWEEN THE USERS

You agree that TubeCamGirl cannot guarantee the identity of any other Users with whom you may interact. Additionally, we cannot guarantee the authenticity of any data which Users may provide about themselves or relationships they may describe. You can question us only about any Users’ negative feedback or claim about TubeCamGirl and its staff specifically, to which we can respond. We register and agree terms with each Online Girl directly, one by one as User(s), and it is their duty, responsibility and choice from where and with the help of whoever, they get access to TubeCamGirl. Please note we are independent from any so called studio bosses, model managers, or any person or organization renting equipment to Users.
You agree that we cannot guarantee, and assume no responsibilities or liabilities for verifying, any inaccuracies, intentional or unintentional, in the information or Content provided to you by any User. This includes age, marital or relationship status, health condition, sexual preferences or habits, their feelings about you, having no children, loving you or others, betraying you or others, being a student, non drinker, non smoker, wishing to marry you or others, etc.
No third parties, including so called studio bosses or model managers, are authorized to speak or act on our behalf.
You are warned that if you decide to send money to any User, they may not use it for the purpose declared to you, and they may be also receiving other and possibly larger amounts from other sources not stated to you. Users may urge you to donate for specific purposes, including paying for university studies, expiring loans or debts, medicines for sick relatives or other, but we advise you of the possibility of different usage for the money, such as luxury clothes and gadgets, vacation packages, gifts for local boyfriend, with whom they may live without your knowledge.
You are solely responsible for your interactions with other Users. You acknowledge and agree that TubeCamGirl shall not be held responsible in any way for the outcome of any contacts outside The Service or meeting between the Users, whether in person, by telephone or any other means, resulting from or related to Video Chats use.
Please use caution, common sense, and safety when using The Service as TubeCamGirl does not control, endorse, encourage, recommend or arrange communications other than Video Chats, and does not endorse or verify external web links.
TubeCamGirl does not suggest, sell, resell, license or endorse any products, services or merchants that may be offered, described or discussed in Video Chats between Users from and to any source.
TubeCamGirl does not provide functions intended to send payments or rewards between Users: it would be a misuse/abuse of The Service, being intended as exclusively a neutral communication system, and not a way to buy services from Users. The billing and send tip (donation) functions in TubeCamGirl must not be (mis)used as bribes or payments for extra services from the Online Girls, they may do nothing specific in exchange for gratuity payments (tips, donations), especially not to breach TOS for a price or sell extra services. Accordingly, TubeCamGirl does not endorse, monitor or warrant any product or service offered by other Users or third-party providers of products or services through The Service, and will not be responsible or liable for any result of any negotiation, deal, or transaction between you and third-party providers of products or services.
In the event that you make deals with other Users in Video Chat, including payment and delivery of goods or services, you agree that TubeCamGirl shall not be involved, and accordingly not responsible or liable. TubeCamGirl reserves the right, but has no obligation, to monitor disputes between you and other Users.
You release TubeCamGirl and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, contacts or transactions outside The Service, even if negotiated using The Service.


14. BILLING TERMS FOR TIP (DONATION) GRATUITY PAYMENTS

Before paying us, you must agree to all the billing terms in this TOS. Sending a tip (donation) is optional, and it will incur in charges, at fees prominently disclosed to you prior to each sale, consuming your previously deposited credits. There are no recurring or periodic subscription fees: you are only required to deposit enough funds in advance as needed to send a tip (donation) for the amount of your choice.
The cost per tip (donation) item are detailed in the order pages, where credits are sold in prepaid blocks. Please pay attention only to the prices that appear in TubeCamGirl site, and never rely on representations or advices from Users or other web sites. When you send a tip (donation) to an Online Girl, your credits will be consumed and deducted from your Member account according to the tip amount you can freely choice from a list.
We use the services of third party billing companies VXSBill, Zombaio and Epoch, that you will authorize to charge your credit card (or other approved facility) on behalf of TubeCamGirl, through an encrypted secure connection. Note that you will give to VXSBill or Zombaio or Epoch only, and not to TubeCamGirl, your credit card and home address: please do not send personal details to us. For every single purchase of a credits block, depending if you use VXSBill Zombaio or Epoch, the text “WWW.MCAMNET.COM“ or “WWW.IOBILLING.COM“ or “EPOCH.COM *MCAMNETBV“ will appear on your credit card or bank statement, and you will receive an e-mail receipt (that we suggest to print) to the address you provided us.
If you think that there is an error or incorrect amount in completed transactions, or you have any disagreement with the charges made, you must report it to us immediately. Always contact us and wait for our answer, before contacting your credit card company for the purpose of cancelling any charges (charge-back). You understand and agree that you shall be liable for fraudulent reporting of an authorized charge as unauthorized, and that if you do not notify TubeCamGirl for discrepancies later than fifteen (15) days after they appear on your account statement, they will be deemed acceptable by you for all purposes.
TubeCamGirl reserves the right, at any time, to change its fees and billing methods, and to limit Users to a maximum daily or monthly expense for any purpose, including preventing addicted users from going bankrupt. This provision shall survive termination of this TOS.


15. MISSED, CANCELED OR INTERRUPTED VIDEO CHATS

If an Online Girl fails, without prior notification, to show up for a Video Chat, or if TubeCamGirl site does not work correctly at a certain time, we apologize. We can not warranty that you can see a particular Online Girl of your choice, as they are independent from us, not under TubeCamGirl control, with rights to refuse requests and to disappear at any time, unpredictably.


16. REFUND POLICY FOR TIP (DONATION) CREDITS

TubeCamGirl is a free service, the deposit of money in the Member Account and its usage to send tip (donation) to an Online Girl is optional, and limited to a gifting purpose, with no warranties. If the wish to cancel or refund a deposit of money in the tip (donation) credits account is reported promptly, TubeCamGirl may, at its own sole discretion on a case by case basis, grant a refund.
Note that TubeCamGirl is not responsible for any faults at the Online Girl side such as her bad mood or ugly furniture, and that gifts are supposed to be final and not to be claimed back, even if the happiness level resulting from the Online Girl is lower than the expectations. You understand and agree that whatever the Online Girl will do, including if she doesn’t do what you request or expect causing dissatisfaction, TubeCamGirl provided correctly and fully The Service, as long as the tip sending system worked with no technical faults.
If you have unpleasant experiences with an Online Girl, your only remedy is to avoid her in future and doesn’t send her a tip (donation) again. We suggest that you experience and learn in advance about each Online Girl, prior to sending them any tip (donation). We do not advise or suggest to you what Online Girl is more appropriate for your wishes, because we do not know it: you are exclusively in charge and responsible for Online Girl choice, without TubeCamGirl interferences, representations or warranties whatsoever. You are welcome to report us negative comments on Online Girls: we may take action at our sole discretion (including banning her), but with no obligation to issue a refund as response, especially if your feedback is not related to technical faults. This provision shall survive termination of this TOS.


17. MODIFICATIONS OF TOS, THE SERVICE, AND FEES

TubeCamGirl reserves the right at any time and from time to time to modify or discontinue in its sole discretion, temporarily or permanently, The Service features (or any part thereof) and/or the TOS and/or the fees and billing methods, with or without notice, for any reason or no reason.
You agree that TubeCamGirl shall not be liable to you or to any third party for any modification, suspension or discontinuance of The Service and/or the TOS and/or the fees and billing methods, all of which will be effective immediately upon posting them at or via hyperlink to the website, and shall supersede any prior version.
It is your responsibility to regularly review the TOS, checking if the effective date at the top of this page changed, indicating a new revision. If you do not agree with any of the modifications, your only remedy is to discontinue using the The Service. You agree to all the changes by continuing your use of TubeCamGirl after any of the changes are effective.


18. SUSPENSION AND TERMINATION

You agree that TubeCamGirl in its sole discretion may, at any time and without warning or notice, terminate, suspend, or limit your Member account and The Service associated, with no obligations to provide any details or valid reasons.
Cause for termination shall include, but not be limited to: (1) our belief that you breached or violated the TOS or any law; (2) requests by you, by law enforcement or by other qualified entities; (3) nonpayment of any fees owed by you in connection with The Service; (4) long account inactivity or your failure or delay to provide us with sufficient information or explanations that we may demand of you.
All provisions, which must survive in order to give effect to their meaning, shall survive any expiration or termination of the TOS, including without limitation, all of your representations, licensing, liabilities, warranties and indemnification obligations. You agree that termination shall take effect without prejudice to any damages that TubeCamGirl might claim from you, and we shall not be liable to you or any third party for any termination or suspension.


19. DISCLAIMER OF WARRANTIES

TubeCamGirl DOES NOT SUGGEST, ENDORSE OR GUARANTEE ANY PRODUCT, CONTENT (INCLUDING CONTAINED STATEMENTS, OPINIONS OR ADVICES), EXTERNAL WEB LINK OR SERVICES OFFERED OR RETRIEVED THROUGH OR IN CONNECTION WITH VIDEO CHATS BY AND BETWEEN THE USERS, WHO ARE THE SOLE AUTHORS AND RESPONSIBLE FOR THEIR RESPECTIVE CONTENT, CONDUCT, ACTS AND OMISSIONS, EITHER ONLINE OR OFFLINE.
YOU SPECIFICALLY ACKNOWLEDGE THAT TubeCamGirl DOES NOT WARRANT THAT USER CONTENT WILL NOT BE DEFAMATORY, OFFENSIVE, OR ILLEGAL AND WARN YOU THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BY PRESENTING AN ONLINE GIRL IN THE LIST AS AVAILABLE FOR VIDEO CHAT(S), WE DO NOT REPRESENT OR WARRANT THAT HAVING VIDEO CHAT(S) WITH HER IS ADVISABLE OR WITHOUT RISK. THE PICTURES DISPLAYED IN BIO PAGES ARE PROVIDED BY THE RESPECTIVE ONLINE GIRLS AND ARE NOT WARRANTED OR NECESSARILY VERIFIED FOR ACCURACY BY US.
WE DO NOT CONDUCT BACKGROUND CHECKS OR SCREEN THE USERS IN ANY WAY SO THEY MAY HAVE CRIMINAL HISTORIES OR MENTAL ILLNESS AND WE CAN NOT, AND DON’T INTEND TO VERIFY THE ACCURACY OF THEIR CONTENT OR STATEMENTS.
YOU ARE WARNED TO APPLY YOUR OWN JUDGMENT OVER USERS CONTENT, PRIOR TO USE, TRUST, OR RELY ON IT AS THE BASIS FOR ANY CONCLUSIONS. TubeCamGirl WILL NOT BE A PARTY TO, OR BE REQUIRED TO MONITOR, ANY DISCUSSION OR TRANSACTION BETWEEN YOU AND OTHER USERS AS THEY ARE FULLY INDEPENDENT OF US. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) WE ASSUME NO RESPONSIBILITY FOR THE SELECTION OF THIS SERVICE TO ACHIEVE ANY INTENDED PURPOSES;
(2) YOUR CHOICE AND USE OF TubeCamGirl IS AT YOUR SOLE RISK, INCLUDING YOUR SELF-SELECTION OF ONLINE GIRLS FROM THE AVAILABLE LIST, DONE IN YOUR FULL AUTONOMY WITH NO INTERFERENCES FROM TubeCamGirl, WHO DO NOT RECOMMEND YOU ANY SPECIFIC ONLINE GIRL OR GROUP OF THEM, BUT JUST PROVIDE AN AUTOMATED SOFTWARE THAT IS USED BY ONLINE GIRLS AUTONOMOUSLY TO PUBLISH THE TIMES AND DATES WHEN THEY CAN AND WISH TO DO VIDEO CHATS, THAT YOU MAY DECIDE TO ATTEND.
(3) THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR OWN PERSONAL USE ONLY. TubeCamGirl AND ITS AFFILIATES MAKE NO AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
(4) TubeCamGirl AND ITS AFFILIATES ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK SYSTEMS AND MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS WITH ACCURATE, SUITABLE, RELIABLE RESULTS OF SATISFACTORY QUALITY; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, CURRENT, SECURE, ERROR-FREE AND ACCESSIBLE AT A TIME OR LOCATION OF YOUR CHOICE; (c) DEFECTS, ERRORS AND PROBLEMS OF THE SERVICE WILL BE CORRECTED, INCLUDING UNAUTHORIZED ACCESSES AND ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) THE SERVICE WILL NOT LET YOU ACCESS CONTENT WHICH IS ILLEGAL OR THAT YOU MAY DEEM UNDESIRABLE OR OBJECTIONABLE; (e) VIDEO CHAT OR MEMBER ACCOUNT CONTENTS WILL NOT BE LOST; (f) THE SERVICE WILL BE ABLE TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE. (g) THE ONLINE GIRLS WILL ALWAYS AGREE TO DO VIDEO CHATS WITH YOU. (h) THE ONLINE GIRLS WILL NEVER MISS OR DELAY VIDEO CHAT SCHEDULED APPOINTMENTS.


20. LIMITATION OF LIABILITY

IN NO EVENT SHALL TubeCamGirl AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM ANY LOSS, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, HEALTH, MARRIAGE STATUS, REPUTATION, CONFIDENTIALITY OR PRIVACY, ARISING OUT OF OR IN CONNECTION WITH THE USE, MISUSE OR INABILITY TO USE THE SERVICE, THE FAILURE, BAD PERFORMANCE OR DELAY OF THE SERVICE, OR THE CONTENT AND CONDUCT EITHER ONLINE OR OFFLINE OF ANY THIRD PARTY USER, EITHER AUTHORIZED OR UNAUTHORIZED (I.E. BY “HACKERS”), NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, GROSS NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER TubeCamGirl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT, SHALL TubeCamGirl BE LIABLE FOR ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. TubeCamGirl IS NOT A SWINGERS OR MATRIMONIAL AGENCY AND DOES NOT SOLICIT OR ENDORSE MEETINGS.
IN NO EVENT, SHALL TubeCamGirl BE LIABLE FOR ANY DAMAGE INCLUDING PHYSICAL DAMAGES, BODILY INJURY AND/OR EMOTIONAL DISTRESS AND DISCOMFORT, ARISING OUT OF ANY COMMUNICATION, MEETING, OR CONTACT WHETHER IN PERSON, BY TELEPHONE, EMAIL OR BY OR THROUGH ANY OTHER MEANS WITH OTHER USERS, OR INDIVIDUALS INTRODUCED TO YOU DIRECTLY OR INDIRECTLY VIA THE SERVICE.
TubeCamGirl DOES NOT PROVIDE RECORDINGS OR ARCHIVES AND DISCLAIMS ANY LIABILITY FOR WHATEVER UNAUTHORIZED REPRODUCTIONS OR RECORDINGS OF YOUR VIDEO CHATS THAT MAY BE INTERCEPTED, OBTAINED, ALTERATED, MISUSED AND DISSEMINATED BY USERS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
TubeCamGirl’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH TubeCamGirl OR ANY MATTER RELATING TO THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. IF IN CERTAIN STATES OR JURISDICTIONS SOME OF THE ABOVE EXCLUSIONS ARE INVALID AND WE ARE FOUND TO BE LIABLE, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) THE TOTAL FEES YOU PAID TO US, IF ANY, UNDER THIS AGREEMENT IN THE 31 DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY AND (b) ONE HUNDRED DOLLARS ($100), EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU AND/OR ANY THIRD PARTY AND FAILS OF ITS ESSENTIAL PURPOSE.
THIS PROVISION SHALL SURVIVE TERMINATION OF THIS TOS.


21. CHOICE OF LAW AND MISCELLANEUS

TubeCamGirl does not claim that The Service may be lawfully used or accessed outside The Netherlands. The TOS constitute the entire agreement between you and TubeCamGirl and govern your use of The Service, superseding any prior agreements. By accepting these terms and conditions and becoming a Member of TubeCamGirl, you agree that this TOS and all disputes or controversies of any kind arising under, or related to this TOS shall be governed by and construed under the laws of The Netherlands without regard to its conflict of law provisions. Any claim or dispute between you and TubeCamGirl that arises in whole or in part from the usage of The Service shall be decided exclusively by a court of competent jurisdiction located in The Netherlands.
The parties have agreed that this TOS shall be written in the English language. If any provision is held invalid, the remainder of this TOS shall continue in full force and effect. No waiver of any term of this TOS shall be deemed a further or continuing waiver of such term or any other term, and TubeCamGirl failure to assert any right or provision under this TOS shall not constitute a waiver of such right or provision.
Any claim related to this TOS or The Service may not be brought unless brought within twelve (12) months from the date when the claim first could be filed otherwise that claim is permanently barred.

I HAVE READ THIS ELECTRONIC TOS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

This TOS will become effective on the day you register.

Please report any violations of the TOS via e-mail: .