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Studio Communications and Advertising Services Agreement
Thank you for your interest in receiving services from Gayonstream.com. Please note that you must accept and agree to the following Communications and Advertising Services Agreement in order to receive the services which are described below. Entering into this agreement allows you to receive services to which an Gayonstream.com model is entitled (as detailed below) but it also entails certain responsibilities and requires you to make certain representations. By clicking "accept", you expressly agree to be bound by all of the terms of this Services Agreement.
By accepting this Agreement and proceeding with your registration, you agree that while using the Gayonstream.com services obtained via http://www.Gayonstream.com (the 'Site'), you shall adhere to the terms of this Agreement with us � Stafford Management LLC (the operator of the Site and Communications Services defined below).
You as an "Studio" will be provided services by Gayonstream.com pursuant to this Agreement. Models whom you select and we approve ("Model") shall also be able to use these services, but for all legal purposes our agreement and legal relationship is exclusively with you as the Studio. For purposes of convenience, references to "Model" below shall be deemed to refer to your Models. Studiot is liable for ensuring that Studio's Models act in compliance with this Studio Services Agreement.
1. THE SERVICES:
Gayonstream.com shall provide you and the Models you engage with the following services: a. Communications Services:
Gayonstream.com shall provide you with the following communications services (the 'Communications Services'):
1.1. Gayonstream.com shall provide video/audio/text chat communications system ('Chat System') allowing Models to chat with persons who choose to receive information/content from them via chat ('Guest').
1.2. Gayonstream.com shall provide Model with use of a message center which allow Members to put queries or requests to Models and allows Models to communicate and provide content/information to Members by text messaging with Members ("Message Center"). Gayonstream.com disclaims any and all liability in the event of the disruption or malfunction of the Communications Services. Your only remedy in such a case is to cease using the Communications Services. b. Advertising Services
1.3. Gayonstream.com may in its absolute discretion advertise the services offered generally via the Site and on third party sites. Gayonstream.comshall decide in its absolute discretion upon the way of promoting the Model on the Site.
1.4. Gayonstream.com may in its absolute discretion advertise a particular Model's services on and off the Site (e.g. - on any other web site) and may in its absolute discretion grant access to third parties (affiliates of Gayonstream.com) to advertising materials which the third parties may then use to promote the Site and the Communications Services generally and/or the services of the particular Model. (together, the 'Advertising Services') (the Advertising Services and the Communications Services, together the "Services")

2. MODEL AGE: Studio represents that all Models engaged by Studio are at least 18 years of age and of legal age in Model's jurisdiction (21 years where required under applicable law).

3. AMENDMENT OF AGREEMENT:
Gayonstream.com shall be entitled to amend this Agreement, the Terms and Conditions of the Site and the rules and regulations appearing elsewhere on the Site, at any time by amending it on the Site. By you or your Models entering into the Site or using the Communications Services after the amendment you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement, the Terms and Conditions and the other rules and regulations appearing elsewhere on the Site.

4. NON-ASSIGNABILITY/THEFT OF LOGIN:
Persons approved by us to act as Models and Studios, shall not be entitled to assign or transfer that eligibility to any other person. Model or Studio, as the case may be, must immediately inform us of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Studio will remain personally liable for any unauthorized use of the Services.

5. INFORMATION/CONTENT:  Information/content provided by Model is determined in his/her absolute discretion. Gayonstream.com shall not (and cannot reasonably) control the information/content communicated by you.  You are responsible and legally liable for the information/content provided by all participants particularly in your stream room and as a general matter by you .
a. Model undertakes that all information/content provided by himself shall satisfy the local laws and regulations applicable to the Model and to the Guest(s) including in the EU and the United States.
b. Model shall possess all necessary intellectual property rights, interests, and licenses necessary to allow him/her to present the information/content presented by the Model via the Communications Services.
c. Model hereby represents that all participants in an stream room will be at least 18 years of age (21 years in jurisdictions in which age of majority is 21) and of legal age in the jurisdiction of residence. 
d. Model shall not cause the image of any other person to be transmitted via the Communications Services.
e. Without derogating from the requirement that all users of Communications  Services (Models, Guests and Members) must have reached their legal majority, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden when using the Communications Services.   bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations - actual or depicted, incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture and any conduct which may be judged "obscene" by the standards of Model's community, or the community of Guest/s. If Gayonstream.com suspects that Model has provided Forbidden Content via the Communications Services or has allowed Forbidden Content on an stream room, Model's account will be frozen immediately for further investigation and the Model faces permanent termination, cancellation and forfeiture of all credits from Gayonstream.com.
f.   You have no obligation to Gayonstream.com or anyone else to perform as a Model or to accept a Guests' requests.  Do not accept requests which would cause you to violate this Agreement or applicable law.

6. APPROVALS AND REQUIREMENTS OF GAYONSTREAM.COM
a. Gayonstream.com's approval is required in order to act as a Model. Such approval is within the absolute discretion of Gayonstream.com .
b. Gayonstream.com may request at any time, and Studio and Model will be obligated to provide Gayonstream.com with any required document including but not excluding: legally identifying identification documents, which prove the Models age and a signed copy of this Agreement. In any case Studio and Model do not provide Gayonstream.com with requested documents, Model and Studio face immediate and permanent termination, cancellation and forfeiture of all credits from Gayonstream.com. In the event that Gayonstream.com suspects that Model or Studio has provided false documents, Studio's and/or Model's account will be frozen immediately for further investigation and the Studio and Model face permanent termination, cancellation and forfeiture of all credits from Gayonstream.com.
c. If Gayonstream.com requests to receive a signed copy of this Agreement, Studio must provide the same or the Studio faces immediate and permanent termination, cancellation and forfeiture of all credits from Gayonstream.com.

7. CERTAIN OBLIGATIONS OF HOST
a. The Studio and Studio's Models shall be subject to the Terms and Conditions of the Site. The Studio and Models shall not act in violation of those Terms of Use or cause or procure any other person to violate them. In addition to this Agreement and the Terms and Conditions of the Site, the Site includes additional terms and conditions that are published on specific pages on the Site, and shall also apply to Studios and Models..
b. Studio and Models shall not use the Communications Services or any of the other services, features and/or facilities available on or through the Site for any commercial purposes whatsoever, except as specified in this Agreement and to the extent they mutually benefit Gayonstream.com and the Studio and Models. Studio and Models may not use the Communications Services or any of the other services, features and/or facilities available on or through the Site to promote or act on behalf of any other person, entity or business on or off the internet.
c. Studio and Models shall not contact any Member of the Site for the purpose of supplying the Member with services outside the framework of the Communications Services thereby circumventing payment by the Member via Gayonstream.com 's payment system. Model shall not solicit or encourage members to purchase services and/or features which may directly or indirectly compete with the Site or the Communications Services or the services provided by our Models.
d. Under no circumstances will Studio and/or Models make use of Gayonstream.com services in any way, to request or procure financial help and/or assistance and/or payment of any kind.
e. Under no circumstances will Studio and/or Models use or try to use the Communications Services in order to promote or procure any meetings or direct physical contact with any Members and/or any other third party.

8. Studio & GAYONSTREAM.COM RELATIONS Relationship Between Studio and Gayonstream.com: Gayonstream.com is an independent contractor providing services to the Studio. Neither party is employed by the other party through a common-law employee/employer relationship or actual employee/employer relationship. Model shall not present himself/herself as an employee or any other kind of representative of Gayonstream.com. Gayonstream.com has no legal relationship with Hosts.

9. LICENSE: Studio hereby grant Gayonstream.com.a general royalty-free, perpetual and exclusive license to use � including providing them to third party sites - still and video images (including audio, recorded sessions, videos and text portions) of you held by Gayonstream.com.  The said license includes without limitation the right to reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology including without limitation for purposes of advertising the Site on the site or off the Site and for purposes of providing third parties with promotional materials. It is hereby clarified that upon termination of this Agreement, by either party, Gayonstream.com shall continue to hold the aforesaid license in its entirety.  Materials created in connection with the Advertising Services or the Communication Services may not be used for any commercial purpose, outside the Gayonstream.com site, without the prior written consent of Gayonstream.com..

10. PAYMENTS TO STUDIO:

Every stream room is timed and priced according to the billing rate and terms specified in the relevant sections below.It is hereby clarified that Gayonstream.com may, at its own discretion and at any time, change these billing rates and Studio shall be entitled to payments according to the then new billing rates.
a. Payments to Studio are dependent upon receipt of payment from specific Guests to whom Model provided service. To the extent a Guest does not pay for the services provided by Model to the Guest including due to a refund or chargeback, the portion of that payment due to the Studio shall not be made or shall be deducted from future payments.
b. All Payments are aggregated and processed through a third party and will be transferred to Agent only upon receipt from the third party processor.
c. Studio is able to check the Gayonstream.com records regarding a Model's performance and credits. It is hereby clarified that only the Gayonstream.com records shall determine the credits and payments to which the Studio is entitled. Gayonstream.com shall not be obligated to present to Studio and/or any other third party any documents regarding charge backs or refunds made by Guests.

II. THIRD PARTY PRODUCTS:

Studio understand that products which may be made available or sold on the Site are not manufactured by Gayonstream.com but are manufactured by others. You understand and agree that you will use any such products only in compliance with any manufacturer's instructions for use accompanying such products. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND IMLIVE.COM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1. DISCLAIMER OF WARRANTIES
THE SERVICES, THE SITE AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, SITE AND/OR THE SOFTWARE OR THE ABILITY OF THE SERVICES, THE SITE AND/OR THE SOFTWARE TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE SITE OR THE SOFTWARE; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE SITE OR THE SOFTWARE OR THAT THE SERVICES, THE SITE OR THE SOFTWARE DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE SITE AND THE SOFTWARE OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE SITE AND THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE SITE OR THE SOFTWARE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE SITE AND THE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.

2. LIMITATION OF LIABILITY

IN NO EVENT WILL WE OR OUR SUBSIDIARIES OR SUPPLIERS OR OUR/OUR SUBSIDIARIES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE SITE AND THE SOFTWARE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE SOFTWARE OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME OR THESE TERMS OF USE THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND THE SITE AND UNINSTALL THE SOFTWARE.
3. THIRD PARTY LINKS AND PRODUCTS

VIA OR IN CONNECTION WITH SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
4. INDEMNIFICATION:

Studio shall indemnify and hold Gayonstream.com, the owners, operators and suppliers of Gayonstream.com as well as their officers, directors and employees (collectively "Indemnified Parties") harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from the Studio's or Studio's Models activities in connection with Gayonstream.com including without limitation via the Communications System. Such claims shall include, without limitation, claims in respect of any violation of law in an stream room (or in the content/information transmitted in the stream room) by a Model or any participant, claims of infringements of the intellectual property rights of any third party or claims that the Studio or any of Studio's Models is or was an employee of Gayonstream.com.
5. BREACH AND TERMINATION:

Both Studio and Gayonstream.com may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of a material breach of this Agreement, such as Forbidden Emailing Activities, transmission of Forbidden Content, Falsification of Document, fraud or any other illegal activity, Gayonstream.com reserves the right to freeze the Studio's and Models account immediately for further investigation and the Studio and Model faces permanent termination, cancellation and forfeiture of all credits from Gayonstream.com.
6. PENALTIES:

Without derogating from the Site's right to terminate this Agreement with Studio, the Site reserves the right to fine or otherwise penalize the Studio including without limitation by forfeiture of outstanding or future credits/earnings in any case in which the Site determines that the Studio or one or more of Studio's Models has violated this Service Agreement, the terms of use of the Site and/or any instructions given by the Site to the Studio or to Studio's Models. Moreover, any Model promoting a third party site to guests of the Site may cause the penalization of the Studio by the Site of up to US$5,000 at its discretion.
7. CONFIDENTIALITY:

Agent shall keep in strict confidence any and all materials and information regarding the ImLive.com technological systems and business, commercial and marketing methods and trade secrets. This provision shall survive termination of this Agreement by either party.
8. SEVERABILITY

To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms of Use is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
9. WAIVER

No employee, agent or representative, including without representation a customer service representative, of ours shall be entitled to waive any term of this Agreement.
10. HEADERS
Headers of sections in this Agreement are included for convenience only and shall not be used to interpret these the Agreement.

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