PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING YOUR INFORMATION TO USE THIS SITE AS A PERFORMER
Webcam Model Agreement
This agreement is entered into by and between UKGlamCam (“UKGlamCam”) and you (“Model” or “Performer” therein “the Performer”).
(1) UKGlamCam is the provider of internet video conferencing, web hosting and marketing services.
(2) The Performer is an entertainer who produces and performs original live entertainment for transmission and broadcast over the internet.
In this agreement:
“the Website” means https://ukglamcam.com, therein “the Website”
“Model Payout Percentage” means a sum of money which is retained by the model after reduction by UKGlamCam and which covers;
UKGlamCam’s fee for the Performer’s use of tools on the Website, advertising, third party, agency and referral fees collected by UKGlamCam on behalf of any third party or agency.
“Content” means the text, software, scripts, graphics, photos, camera and video camera real time or archived digital images, performance, sounds, music, videos, audiovisual combinations, interactive features, video chat sessions and other similar materials created, performed by or posted by the Performer on the Website and which is capable of being or which is viewed on or accessed through the Website.
“Users” means registered users of the Website.
“Introducer” means the person or the organisation who can be identified by a unique code as being the introducer of the Performer to the Website.
“Token” or “Tokens” means virtual currency used on the Website which can be purchased on the Website by the Users.”
Subject matter of the agreement
UKGlamCam has agreed to provide the Performer with access to tools, including technical, payment, marketing and other facilities to allow the Performer to engage in lawful production and performance of live entertainment for Users accessing the Website and the Performer has agreed to allow UKGlamCam to retain a percentage of earnings at a rate which is set out in the agreement.
UKGlamCam’s warrantees and representations: UKGlamCam agrees to grant the Performer access to the Website and to marketing, payment processing and broadcasting tools for the purpose of the Performer providing entertainment to Users in return for a proportion of the gross revenue which is generated by the Performer and which is collected by UKGlamCam or on its behalf from time to time.
The Performer’s warrantees and representations:
The Performer agrees to provide UKGlamCam with a true and complete proof of identity and associated real-time photo with submitted ID. ID would be a genuine, acceptable, proof of age which shall be at least one coloured photographic document (passport, a driving licence or a national photo identification card).
The performer agrees to only upload media which contains persons already authorised to appear on UKGlamCam.com. Media containing unauthorised persons will be denied approval and live streaming will be immediately cancelled with account being hidden until issue resolved. Additional persons to be featured on a performers account without an individual approved account on the website can send their ID to: email@example.com.
Acts which are prohibited and/or are unlawful;
The Performer agrees that he/she will not violate any law concerning obscenity or portray depictions of sex involving any person under the age of eighteen (18) years of age or any form of child pornography, role-playing as non-adults, incest, torture, bestiality, fisting, necrophilia, urination, sexual threats, humiliation or abuse which do not form part of a clearly consenting role-playing game, rape or any form of physical restraint which prevents participants from indicating a withdrawal of consent.
The Performer agrees that he/she will not solicit sexual services while using the Website for any sexual favours either monetary or gratuitously.
Responsibility for own property, equipment etc
The Performer agrees to be solely responsible for his/her own performance space, IT equipment to facilitate production, performance and creation of Content, costumes and for any other equipment which the Performer might use in the course of performing or creating Content.
Responsibility for own Content
The Performer is solely liable for Content he/she creates. The Performer ensures that none of the Content:
All media (Videos and photos) uploaded to the website by the performer will remain inactive and will not be visible until it is approved by UKGlamCam.
UKGlamCam will check there is no unauthorised third party in the media, it does not contain or indicate any prohibited content and does not advertise another service outside of UKGlamCam. Once approved (within 24 hours) the media will appear on the Performers profile.
Minimum speed of internet connection
The Performer commits that he/she will at all times whilst performing on UKGlamCam use an internet connection with upload speed of at least 1mps.
Access and monitoring
Costs and payment
The amount retained by the Performer
The Performer’s registration with UKGlamCam is free of charge.
UKGlamCam will facilitate payment by Users to the Performer by way of Tokens payable to the Performer’s virtual wallet.
Payment of Tokens to the Performer’s virtual wallet may take up to 24 hours to appear, minus the agreed % to UKGlamCam
The Performer may then:
(1) choose to leave the Tokens in the virtual wallet; or
(2) draw down Tokens, to request payment to their bank account
A typical % agreed to be retained by UKGlamCam is set at 45%, unless a promotional % has been agreed with advertising professionals.
Other charges that may apply include any foreign exchange rates/charges by the payment processing company.
Foreign Exchange rates are calculated at the time of payout to the models bank account using XE.com.
Changes to Model Payout Percentage
UKGlamCam is entitled to change the model payout percentage by notifying the Performer of such change by way of email to the Performer’s registered email address.
Changes to the model payout percentage will take effect 14 days after the change has been emailed or announced and will be deemed to be accepted by the Performer unless the Performer informs UKGlamCam that he/she does not accept the change and wish to terminate this agreement immediately upon notification by the Performer of the change.
The Performer will provide complete, up-to-date and correct registration information and information about his/her bank account and will keep this information up-to-date, current and correct.
The Performer acknowledges UKGlamCam’s role as agent, which among other things processes payments due to the Performer from Users and that UKGlamCam is not a party to any transaction between the Performer and Users.
The Performer will set his/her own performing rates but will understand that UKGlamCam’s base rate is recommended at £2 per minute (2 Tokens) with the understanding that £0.9 per minute is payable to UKGlamCam. Tips are set as 1 token per tip (£1).
UKGlamCam run a weekly payment run on a Friday, payments will be made by BACS into the performers account and the performer payout screen will be updated with status.
The Performer is liable for informing HMRC of this paid work and for arranging any payments of Tax, NI, or other deductions payable to HMRC (or the performers country related tax body).
The Performer agrees and acknowledges that UKGlamCam is not a party to and is not responsible for any dispute between a User and the Performer, but will look to protect both parties and take relevant action where it feels necessary. This could include a website ban, removal of the account, withholding of earnings from user for session in dispute and escalation to authorities.
The Performer agrees that should payment that had been paid to, is due to be paid or which is due to be credited to the Performer by a User be called back, reversed, cancelled or failed to be authorised for whatever reason, UKGlamCam is entitled to recover the payment from the Performer by debiting the sum from other amounts which are otherwise due to the Performer or withhold or refuse such payment as applicable.
UKGlamCam has a right to reserve 5% percent of any amount which is due to the Performer in relation to each payment by a User for a maximum of 90 days to cover potential payment cancellations.
UKGlamCam may suspend the Performer’s right to exchange Tokens if, at its own discretion,
UKGlamCam suspects that a transaction which relate to a User is based on a factual error or is fraudulent, and within 7 days of its decision to suspend, it will notify the Performer about the suspension.
UKGlamCam is not liable to the Performer or to third parties for any loss suffered by the Performer as a result of UKGlamCam’s decision to:
UKGlamCam is not required to pay the Performer interest on any balance which it may hold on behalf of the Performer.
Suspension/termination of account due to criminal activity
UKGlamCam may without prejudice to any other legal remedy, suspend or terminate the Performer’s Account if actions on the part of the Performer cause UKGlamCam to reasonably suspect that there is any form of involvement or association with fraudulent activities, money laundering, computer crime, or any other serious crime or if UKGlamCam is unable to verify the correctness of the information provided by the Performer or if it believes that the Performer User of the Website is carried out with the intention of causing harm to UKGlamCam or a User.
Own original Content
The Performer represents that he/she created and thus owns or has obtained all intellectual property rights, interests, and licenses in the Content.
The Performer may not reproduce in the Content, any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights and obtaining UKGlamCam approval to feature third party.
Rights in Content
Although UKGlamCam will seek to obtain approval for use of media from the performer prior to use. The Performer grants UKGlamCam a non-exclusive, worldwide, uninterrupted, irrevocable, royalty-free and transferable (via several third parties) licence to exercise the copyrights, trademarks, publicity and database rights with respect to the Performer’s Content to the extent that this is necessary to operate the Website and related services. With the rights granted herein, UKGlamCam may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Content in any medium or technology whatsoever, now known or to be developed in the future. The Performer further agrees that UKGlamCam shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from the Content.
UKGlamCam grants the Performer a non-exclusive, non-transferable, royalty-free, revocable worldwide sublicense to use UKGlamCam’s name, trademark or service mark for the purpose of marketing activities on or in relation to the Website.
The Performer may not use UKGlamCam or any of its intellectual properties to promote or solicit any website or internet service other than that of UKGlamCam.
Indemnity and limitation of liability
The Performer shall indemnify and hold harmless UKGlamCam, its officers, directors, employees, its consultants and agents against any and all harm including but not limited to expenses and losses (including reasonable solicitors’ fees and costs) directly or indirectly incurred by UKGlamCam in connection with any claims of any kind by any party arising from the breach of any terms, conditions, warranties or representations made by the Performer in this agreement.
Relationship between the Parties
Nothing in this agreement shall be construed as creating a relationship of employer and employee between UKGlamCam and the Performer.
The Performer shall conduct his/her business at its own cost, expense and liability.
The Performer represents that he/she shall be solely responsible for any applicable insurance policies and all taxes associated with the revenue received from the sale of goods and services that are generated through the Website.
The Performer agrees that he/she is solely responsible for the Content. The Performer acknowledges and agrees that UKGlamCam will approve all media prior to release on the website for public or client viewing but may, at its sole discretion, delete and/or modify any aspect of the Content, including without limitation messages, photos or profiles, that, in UKGlamCam’s sole discretion, violate the terms of any of its respective agreements or polices with the Performer and/or with third parties and the Performer warrants that he/she will have no legal claim for damages or otherwise in connection with or in relation to any loss that the Performer or any third party might suffer as a result of such deletion/modification.
Termination of the agreement
The Performer may terminate this agreement free of charge at any time by closing the Performer’s account. The Performer may close an account by emailing to firstname.lastname@example.org and requesting an account closure. Accounts will be hidden and remain dormant for governance purposes and therefore the model can re-activate at any time by emailing.
UKGlamCam may terminate this agreement at any time without prior notice and at its sole discretion, in the event that:
In the event that the Performer’s account has been closed or terminated, any and all Content residing in the account, or pertaining to activity from the account may be irretrievably deleted, except to the extent that UKGlamCam is obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect UKGlamCam’s legitimate business interests or the interests of other Users.
UKGlamCam assumes no liability for any material that is irretrievably deleted following any termination of account.
Post termination of agreement
The provisions of this agreement that are intended by their nature to survive the termination or cancellation of this agreement will survive the termination of this agreement, including, but not limited to, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire agreement, and Applicable Law and Jurisdiction, respectively.
Upon termination of this agreement or any other termination of the use of the Website:
The Performer agrees and understands that the Website is provided by UKGlamCam on an as is and as available basis, without warranties or guarantees of any kind whatsoever, whether express or implied, including but not limited to warranties of fitness for a particular purpose, or warranties or guarantees of profitability or User’s usage.
The Performer acknowledges that this agreement and all agreements incorporated by reference herein may change from time to time with notices given to the Performer by electronic mail, link to web page, click through agreement, or any other media or method UKGlamCam chooses. Therefore, it is important for the Performer to read all such notices as listed above when announced via the Website. The Performer’s continued use of the Website, and/or exchange of Tokens will be considered as acceptance to the terms of the agreement and/or any modification to this agreement.
UKGlamCam will never share any personal information including contact information, legal name, age, address etc. UKGlamCam will use acceptance of this Model Agreement to use the registered email to send promotional and informative website information only. The performer can use the ‘unsubscribe’ link within the email at any time.
Should one or more provisions of this agreement, be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
The Performer agrees that UKGlamCam may serve notices pertaining to the agreement, including those regarding changes to the terms, by email to the email address the Performer specified when signing up to the Website.
The Performer confirms that the email address specified when you signed up is a current and valid email address for receiving notice, and that he/she is able to send and receive email in connection with this email address.
The Performer may send UKGlamCam notices by using the Contact Support page or direc to email email@example.com. UKGlamCam will consider an electronic notice as received by it only when its server receives the electronic message. UKGlamCam may change its contact information by posting the change on the Website.
Enforcement of rights
The Performer agrees that if UKGlamCam does not exercise or enforce any legal right or remedy which is contained in the agreement, this will not be taken to be a waiver of UKGlamCam’s rights and that those rights or remedies will still be available to UKGlamCam.
Applicable Law and exclusive jurisdiction
The terms and your relationship with UKGlamCam shall exclusively be governed by English law. The Performer and UKGlamCam agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the terms. Notwithstanding this, the Performer agrees that UKGlamCam shall still be allowed to apply for injunctive remedies or other equivalent types of legal remedy in any jurisdiction.
This agreement may be executed in counterparts, which together shall constitute one agreement.
UKGlamCam is a company incorporated under the laws of England & Wales and with its main place of business at Ashleigh, Red Street, Southfleet, KENT, DA139QH. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org.