Terms and Conditions

HERBICEPSCAM.COM TERMS OF USE USER AGREEMENT

Welcome to HerBicepsCam.com! Before you dig into the scintillating legalese that comprises this terms of use agreement, please understand that we want you to have fun and enjoy this site. If you stick to a few rules (that we hope are self-evident), we don’t anticipate any problems, but we want to highlight a couple of things just to make sure we are on the same page about expectations when you interact with the site and the models.

First of all, please keep the perspective of the models in mind as you enjoy this site. Don’t harass them, solicit them or make illegal copies of their broadcasts. Ripping their performances, making copies (and especially distributing them or posting them elsewhere) is a major legally enforceable violation of their privacy and intellectual property rights. Don’t do it!

Second, credits are not refundable. Please don’t purchase credits that you don’t intend to use or expect a refund after using them.

Third, this website is for adults only. If you aren’t an adult, you shouldn’t be here.

 

  1. INTRODUCTION

By accessing the site HerBicepsCam.com (the “Site”) you agree to all conditions and obligations set forth in this terms of use agreement (the “Agreement” or “TOU”). For purposes of this Agreement, the products and services offered by the Site will be referred to collectively as the “Service”. The Site and Service are operated by Eckstut Enterprises LLC (the “Company” or “we”). Please read the TOU carefully, as they form a contractual agreement between you, a user of the Site (“User” or “you”) and the Company, as operator of the Site and Service. THIS IS A LEGALLY BINDING AGREEMENT, AND IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR SERVICE, AND SHOULD NOT PROCEED TO REGISTER AN ACCOUNT OR OTHERWISE ACCESS THE SITE OR SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AMENDMENTS.

Service for Adults Only. The Site contains information, links, images and videos of sexually explicit material (collectively, “Sexually Explicit Material”). DO NOT ACCESS THE SITE OR SERVICE IF: (i) you are not at least 18 years of age or the age of majority in each jurisdiction in which you will or may view the Sexually Explicit Material, whichever is higher (the “Age of Majority”), (ii) such material offends you, or (iii) viewing the Sexually Explicit Material is not legal in each community where you choose to view it. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of these requirements. Additionally, we reserve the right to terminate your account and report you to the proper authorities if we suspect, in our sole and absolute discretion, that you or someone who has used your account has not attained the Age of Majority.

User Rights Limitations. Your right to use the Service is subject to any limitations, conditions and restrictions established by the Company at any time, in its sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability.

  1. PAID SERVICES

Credits. Aspects of the Service may include a virtual currency (“Credit(s)”) that may be purchased from us for “real-world” currency by legal adults who have reached the Age of Majority in their country of residence. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Credits as part of the Service, you have no right or title in or to any such Credits appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. The Company has an absolute right to manage, regulate, control, modify and/or eliminate such Credits in our sole discretion, and you acknowledge that we assume no liability to you or anyone for the exercise of such rights. Transfers of Credits are strictly prohibited except where explicitly authorized within the Service. Except as expressly provided in this Agreement, you may not sell any Credits for “real-world” currency or otherwise exchange such items for value. Any attempt to exchange Credits for actual currency, other than by following the process established by the Site, is in violation of this Agreement and may result in a lifetime ban from the Site and possible legal action. Any Credits that have not been purchased directly by you (e.g., tips from other users, referral commissions, etc.) will be forfeited if your account is terminated or suspended for any reason in our sole and absolute discretion, or if we discontinue providing the Service.

Tipping. The Site may permit gratuities or tips by users to age-verified performers (“Performers”) through the Service. To the extent that the Site permits tipping, you acknowledge and agree that:

  • Tips are a voluntary gratuity and may not be given in exchange for specific services; promising to tip in exchange for performance of any specific act is strictly prohibited by the Site and Performers are not obligated to perform specific services just because you tipped them.
  • Tipping is optional.
  • You may not provide tips though any means of payment other than Credits.
  • Tips are chargeable when made and not refundable. We will not return a tip made from your account except under circumstances that we deem extraordinary (at our discretion).

Performer Content. Performers may post pictures, videos or other content (collectively, “Performer Content”) in connection with the Site or Service. Performers may choose to offer Performer Content which will be accessible only after payment of a specified amount of Credits (“Paid Performer Content”). Performers retain copyright interest in all Performer Content, and User access to Performer Content will be for personal use only in all circumstances. You agree not to sell, distribute or otherwise permit any non-personal use of copyrighted Performer Content. You also agree that either the Company or Performer may pursue legal action against you for any intellectual property violations related to Performer Content. 

The Company and Performers have the absolute right to remove any Performer Content from the Site, in whole or in part, for any or no reason at all. By purchasing or accessing any Performer Content, you expressly acknowledge and agree that (i) the Site is not the creator of Performer Content; (ii) the Performer owns copyright in Performer Content and is responsible for any claims or liabilities associated with, arising from, or relating to Performer Content posted by that Performer; (iii) your purchase or use of any Performer Content is solely at your own risk without warrantees of any kind; (iv) the Site assumes no responsibility for viewing or screening any Performer Content; and (v) you forever release the Site, the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys from any and all claims and liabilities associated with, arising from, or in any way relating to Performer Content.

Subscriptions: Some components of the Service may be accessible on a subscription basis ("Subscription(s)"). If you purchase a Subscription, you will be billed in advance on a recurring basis in accordance with the terms listed at the time of purchase.

Live Performer Content: Some components of the Service may allow you to electronically interact with Performers including via paid and unpaid webcam shows (“Live Performer Content”) and associated communication tools. Live Performer Content is proprietary and User has no copyright interest in it. You are responsible to pay the posted rate in Credits for any time you purchase with Performers.

User Limitations Related to Live Performer Content: Performers owns copyright and all other legal rights to their Live Performer Content, and your rights to Live Performer Content are limited to personal use and enjoyment. Please note that reproducing or redistributing intimate photos or videos of a person without that person’s explicit permission or consent is a crime in many jurisdictions, and that Company may cooperate or assist Performers in enforcing their civil or criminal legal rights under such laws. For clarity and emphasis, you are expressly forbidden to "rip" or otherwise capture video or image files of  Live Performer Content or any other content on the Site. CAPTURING, SHARING OR DISTRIBUTING VIDEO OR IMAGES OF LIVE PERFORMER CONTENT MAY RESULT IN LEGAL ACTION AND THE COMPANY MAY BAN YOU FOR SUCH MISUSE.

No Solicitation. You may not use the Site or Service to solicit Performers for outside communication or anything else and Performers are discouraged from engaging in outside communication with you by Site guidelines. Repeated attempts to engage Performers in this manner may result in a ban from the Site.

No Warranties. The Site and Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTIES AND ASSUME NO LIABILITY RELATED TO DATA PRIVACY OR DATA SECURITY AND YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR PRIVACY THAT RESULTS FROM INTERACTION WITH THE SITE OR SERVICE THE DOWNLOAD OF SUCH CONTENT. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

Termination by the Site. Without limiting other remedies, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide services to you at any time, with or without advance notice, if: (a) the Company believes that you have breached any of these TOU; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site ceases operations or otherwise discontinues any components of the Service. You agree the Company (nor any third party acting on our behalf) shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by us, you will not attempt to re-register as a user without prior written consent from the Site. You accept that when you cancel your membership with the Site or Service (or access is terminated) you will be automatically locked out of the Service and you will be unable to access your account.  You also agree and accept that upon cancellation your account, we have no obligation to maintain or store any mail or other membership materials and that such information may be irretrievable.

Indemnification. You agree to defend, indemnify, and hold the Site and Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorney fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service or Site; (iii) any costs incurred on your behalf as a result of your failure to comply with local or federal laws of the United States; and/or (iv) any violation of this Agreement. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion.

Governing Law. All claims and disputes related to this Agreement (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration in Las Vegas, NV in accordance with the arbitration rules of the American Arbitration Association and applying Nevada law. Such disputes encompass any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

Miscellaneous Clauses. The Site and  Service may contain links to third ­party websites that are not owned or controlled by The Company. The Company assumes no responsibility or liability for third party websites.

Contact Us. If you have any questions about these Terms please contact us at help@herbicepscam.com.