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Terms & conditions


CumNSee.com Terms & Conditions:
CumNSee Ltd.
Trust Company Complex,
Ajeltake Island,
Majuro,
Marshall Islands MH96960
company duly registered in Marshall Islands under registry number 94010.

INTRODUCTION

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS as they represent the principal (but not exclusive) document providing your rights and obligations in regards to CumNSee Ltd. as the CumNSee.com website, CumNSee web app, CumNSee Android app, Gay.cumnsee.com website, CumNSee Gay web app and the CumNSee Gay Android app (hereafter jointly "CumNSee" or "us" or "we") operator.
By visiting CumNSee or by using any service, product, software or other aspect of CumNSee (jointly referred to herein as the "Service"), you are agreeing to be bound by all provisions stated in these Terms and Conditions and all provisions stated in the CumNSee Privacy Policy (cumnsee.com/privacy-policy or gay.cumnsee.com/privacy-policy).
Provisions of these Terms and Conditions apply to all users and/or members (hereafter "Users") of the Service, as well as other Service contributors (such as Models, Recruiters, Support Agents or other applicable third parties, hereafter to be jointly referred to as "Contributors").
If you do not agree to these Terms and Conditions, you are prohibited to use the Service, and may not register or otherwise use the Service.
CumNSee reserves the right amend or change these Terms and Conditions and its Privacy Policy at any time. You agree to be bound by any such amendments or changes. You should periodically review the most up-to-date versions of these Terms and Conditions and the Privacy Policy.

RIGHT TO USE

Your right to use the Service is subject to any limitations, conditions and restrictions established by CumNSee from time to time, in our sole discretion. CumNSee may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. CumNSee 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.

REQUIRED AGE

In order to visit CumNSee or to use any and all Services as User or Contributor, you must be AT LEAST 18 YEARS OLD as well as the age of majority in each and every jurisdiction in which you use our Service (hereafter: "Required age"). If you are not at least 18 years old and the age of majority in your jurisdiction, then you must IMMEDIATELY LEAVE CUMNSEE AND CEASE TO USE ANY AND ALL SERVICES.
CumNSee reserves the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this requirement. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Required Age has used your account.
CumNSee uses reasonable methods to ascertain the age of its Users (mandatory valid credit card) and Contributors (mandatory government issued ID age verification) and may require other verifiable methods should we suspect use of the Service by a person below the Required Age. CumNSee waives any and all liability should a person below the required age fraudulently use a credit card and/or document to obtain permission to use the Service. Such attempts shall be reported to the relevant authorities.
CUMNSEE HAS A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY.
All depictions of any persons through use of the Service are provided under an obligation of the producer thereof to upload or stream videos or images portraying persons over the Required Age as of the date of the production of the depiction. CumNSee shall, without prejudice and subject to our sole and absolute discretion, terminate any account suspected to use the Service to stream images or other media of persons under the Required Age. CumNSee shall report such infractions to the relevant authorities.
Users seeking any form of child pornography shall be banned and have their account suspended. Such Users shall also be reported to the appropriate law enforcement agencies.
CumNSee encourages its Users and Contributors to report any images for which there is reason to believe they depict persons under the Required Age by clicking the "Underage Report" link found here (cumnsee.com/contact-us/underage-report or gay.cumnsee.com/contact-us/underage-report). All reports will be investigated and appropriate action will be taken based upon our reasonable ability to verify the evidence provided.

TERMINATION OF ACCESS TO THE SERVICE

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
Without limiting other remedies, CumNSee 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 Site believes that you have breached any of these Terms and Conditions; (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) CumNSee decides to cease operations or to otherwise discontinue any of Services or parts thereof. You agree that neither the Site, 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 CumNSee.

CODE OF CONDUCT

• You are solely responsible for any information that you post, display or transmit through the Service. You agree to keep all information contained on or provided through the Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
• You are aware that the Service contains explicit adult-oriented materials, provided only by and to consenting Users and Contributors who are at least the Required Age;
• In the event that you request, upload, stream and/or share any image(s) of any minor, as mentioned above, we will not contact you. We will simply terminate your account and report you to the proper authorities, including and any and all law enforcement that we, in our sole and exclusive discretion, determine appropriate;
• You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or contain defamatory statements; or racist, obscene, offensive or other language which is not in accordance with your local laws and community standards;
• Users and Contributors are free to interact with other Users and/or Contributors while using the Service. While using the Service, Users and Contributors are not obliged to answer or acknowledge interactions should they consider them unwanted and/or forced interactions. Users and Contributors are free to report any unwanted and/or unsolicited and/or forced interactions by other Users and/or Contributors to the CumNSee support team. The CumNSee support team shall decide upon further actions on a case-by-case basis. Users and Contributors who repeatedly and/or grossly disregard this rule are subject to permanent account suspension;
• You will not post any message, picture or recording, or use the Service in any way that:
o Violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or
o Is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service, or violates any law.
• You will not use the Service to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising or solicitation for goods or services;
• Your access to the Service is for your own personal use only. You may not allow others to use the Service using your account(s) and you may not transfer your account(s) to any other person. In case where there are multiple performers performing under one account/cam, the original registered Contributor must, at all times, be present, and all other performers, other than the registered Contributor must abide by these Terms and Conditions, otherwise, the registered Contributor may be held completely liable and potentially criminally responsible;
• You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
• You will not publish or forward any chain letters, advertisements, spam, or any similar commercial message through the Service

ILLEGAL AND PROHIBITED CONDUCT

In addition to the above Code of Conduct Users and Contributors are prohibited from doing any of the following:
• There can be no minors, children, babies or unauthorized persons on camera or in the same room. In the event a minor appears on camera, even for a second, we will immediately report you to the proper authorities, including and any and all law enforcement that we, in our sole and exclusive discretion, determine appropriate;
• Bestiality, or animals/pets on camera in a sexual or provocative context are strictly prohibited;
• Incest (sexual relations involving family members) are strictly prohibited;
• Excessively degrading dialog or verbal abuse, except with explicit and provable consent by the all involved parties, is prohibited;
• Illegal or unsafe activities of any kind, including violence, blood, torture, pain, erotic asphyxiation, fisting, rape themes, or any actions associated with bringing harm to you, in any way, except with explicit and provable consent by the all involved parties, are prohibited.
• CumNSee does not encourage broadcasting from a public place, or from a studio or set that creates the impression that the Contributor is in a public place, nor does CumNSee encourage broadcasting outdoors unless the broadcast is done from private property, with the property owner’s consent, and in an area that is not visible from any neighbouring property. All consequences of not abiding by this rule fall on the User or Contributor;
• The User or Contributor may not discuss or arrange prostitution or escort services, nor any other adult services (including Services as defined herein) outside of the CumNSee platform.
• Contributors may exchange information with Users within the scope of information already given and published on the Service.
• Contributors are strictly prohibited from using Users' information to provide webcam shows or receive payments outside of the Service. If a Contributor sells something to a User (such as a piece of Contributor's clothing) or enters into any other transaction with a User, such transactions may be completed in accordance with these Terms and Conditions (see section Billing and Payment);
• Users and Contributors are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances; but they are allowed to mention their own non-commercial social media profiles, homepages and wish lists;
• Users and Contributors are not allowed to ask for other Users' and Contributors’ account information, or to log on to the Service using any account that does not belong exclusively to that User and /or Contributor;
This list is not exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, pursuant to a decision rendered by the CumNSee support team after sufficient investigation.

ON- OR OFF-SITE INTERACTIONS/MEETINGS

CumNSee does not recommend or condone any form of User and/or Contributor interaction between Users/Contributors outside of CumNSee and, as disclosed elsewhere in these Terms and Conditions, your use of the Service and your interactions through the Service are done at your own risk.
Use of the Service to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account to immediate termination. If you elect to legally interact with any User of the Service outside of the Service, you do so at your own risk, and you acknowledge and agree that CumNSee is not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Service.

PRIVACY AND USE OF INFORMATION

Your rights and obligations regarding your personal data, including disclosure of your information to third parties is set forth in our Privacy Policy (cumnsee.com/privacy-policy or gay.cumnsee.com/privacy-policy).

CONTENT

As used in these Terms and Conditions, any photographs, images, videos, graphics, banner ads, music, sounds, communications, information, software, emails, or any other type of content whatsoever shall mean "Content".
By agreeing to these Terms and Conditions, you represent and warrant that any Content you upload to CumNSee does not infringe, in any way, on any third party’s intellectual property or other rights. CumNSee hereby asserts immunity with respect to all Content provided by Contributors, Users or other third parties, as provided by law.
Users, Contributors and other third parties are prohibited from uploading, sharing or in any way describing to anyone on or through the Service any Content which, in our sole opinion, might be deemed illegal or offensive, including, but not limited to, any content involving bestiality, defamatory material or any conduct that violates the prohibitions set forth under CumNSee's Code of Conduct or any part of these Terms and Conditions. Users, Contributors and other third parties are prohibited to use the Service to solicit any information that might be used for unlawful purposes or to encourage unlawful activities.
By submitting or posting to or on CumNSee any Content, you grant CumNSee and CumNSee affiliates the royalty-free, perpetual, irrevocable, exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any aforementioned rights (including moral rights) in any such Content has completely, validly, and irrevocably granted to you the right to grant the license stated in this paragraph.
You understand you must evaluate and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content contained on CumNSee. CumNSee does not pre-screen Content as a matter of policy. However, CumNSee retains the right, but not the responsibility, to remove Content that is deemed harmful, offensive, or in violation of these Terms and Conditions. You recognize communications over our website often occur in real time. You acknowledge we cannot, and do not intend to, screen communications in advance for accuracy or conformance to these Terms and Conditions or any laws. However, we may elect, in our sole discretion, to monitor some, all, or none of our public areas for adherence to these Terms and Conditions. Accordingly, you acknowledge CumNSee does not assume or have any liability for any action or inaction with respect to Content or Content changes on or within our website.
You also agree and acknowledge that any Content which you may submit or post to or on our website is not in violation of our Code of Conduct (see above).
You may not use the Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, we reserve the right, in our sole discretion, to immediately suspend your account, seek injunctive relief, seek civil redress and/or report any conduct that violates these Terms and Conditions to any and all law enforcement agencies that may have jurisdiction over the matter.
In the event any actions or proceedings are brought against CumNSee as a result of any Content you have shared, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold CumNSee harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that may incur as a consequence of your posting of such Content or engaging in such prohibited activities.

PROPRIETARY INFORMATION

The Service and CumNSee software contains information that is proprietary to CumNSee. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or by Users and/or Contributors of the Service may be protected if identified as proprietary to CumNSee. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of CumNSee

NO WARRANTIES

The 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. 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 CumNSee make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the services or that defects in any software, hardware or the Services will be corrected.
You understand and agree that any use you make of any material and/or data downloaded or otherwise obtained through the use of the 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 that results from the download of such material and/or data.
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 or any User and/or Contributor of the Service or any other third person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

BILLING AND PAYMENT

CumNSee reserves the right to control its pricing policy, including all discounts, rewards, benefits and limitations. CumNSee shall not bill Users any amount of money automatically and shall not introduce any fees or periodical payments into its system, without prior notification of Users and/or consent of Users. All Users are allowed to leave any amount of tips to models, and models may ask for additional tips during public broadcasts for a specific viewer request or offer extra Content for a certain amount of tips, based on their own estimation.
The official currency of CumNSee is USD and Users may not receive, buy or own credits expressed in any other currency.
If you believe that you have been erroneously billed, please notify us immediately of such an error. If we do not hear from you within 30 days after such a billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.

FREE AND GUEST USERS

A guest User who uses CumNSee Services may watch any particular model only once with their IP address for a limited amount of time determined by the CumNSee business policy and is obligated to register as a CumNSee User to obtain additional viewing rights.
After registration, all Users will obtain Free Viewer status and will have an allotted free preview time for every model whose duration depends on the CumNSee business policy.
After the allotted free preview time has elapsed, the stream shall discontinue, and a minimal amount of USD credits, determined by the CumNSee pricing policy, shall be necessary to connect to a particular models’ broadcast while using the same User account. During this preview time, a User will not be able to send messages or tips and the Model will not be notified about their connection and will not be able to receive any credits or tips.
NOTE:
CumNSee does not allow persons whose country of residence is the Republic of Marshall Islands to register as the Users and/or Contributors.
Additionally, if your local laws forbid broadcasting or watching live adult content or any other aspect of the Service, your local authorities may block access to the Service. CumNSee shall not be and cannot be held liable for specific Users failure to comply with local laws governing adult content or other aspects of the Service.

PAYING CUSTOMERS AND PREMIUM USERS

Buying any amount of tip tokens or USD credits enables a User to obtain Paying Customer status and to watch cam shows paid per minute in accordance with the CumNSee pricing policy.
Users who, by using the Service, reach a spending limit determined by the CumNSee business policy shall obtain Premium User status and will be able to engage in one on one live sex with the CumNSee models.
Note that tip tokens are automatically converted into USD credits according to the CumNSee business policy.
CumNSee reserves a right to change its policies regarding all prices, discounts, rewards, benefits and limitations, but will also inform all Users and Contributors about upcoming changes through the Service notifications system.

LIVE SEX SESSION POLICY

All models have an obligation to accept offers for Live Sex Sessions brought by Premium Users. After the Live Sex Session has commenced, no other Users can connect to that models’ broadcast until the Live Sex Session is finished.
The only allowed payment method during Live Sex Sessions are tips made by the Premium User.
While the Service does not allow free live sex sessions, each User is expected to contribute a minimal model tip of 3 tokens per minute on average ("Token Minimum").
Any session during which User contributions would amount to less than the stated Token Minimum, shall be deemed an inadequately remunerated live sex session.
Neither the Premium User, nor the Contributor will be fully subjected to the CumNSee pricing policy during the Live Sex Session. Both participants are free to make their own arrangements regarding the tip amount that the User should pay for certain requests, as long as other provisions of this Live Sex Session Policy and the Token Minimum are respected.
CumNSee reserves the right to strip particular Users of their Premium User status should such a Premium User engage in repeated free or inadequately remunerated sex sessions.
Consequently, CumNSee may also suspend the account of a Contributor who is found to repeatedly provide free or inadequately remunerated live sex sessions to Premium Users.
Additionally, CumNSee may deduct,
i) in tokens from the Premium User’s account, the difference between actually paid tokens during the inadequately remunerated live sex sessions and the 3 tokens per minute minimum,

or

ii) the equivalent of the stated difference in USD credits directly from the Premium User’s account;
to cover minimal infrastructure costs of running the Service to provide such a live sex session, as well as potential earnings the Service could have realized during such an inadequately remunerated live sex session had the User tipped the stated Token Minimum.

AFFILIATE PROGRAM

A User and/or Contributor may enter a recruitment program and will subsequently receive a unique six-digit reference number and have a possibility to recommend CumNSee and the Service to potential new Users and/or Contributors.
For every new User or Contributor that enters the corresponding reference number during their registration process and fulfils certain conditions during active User and/or Contributor membership, the referrer (Affiliate) shall automatically receive a commission in USD credits to their CumNSee account. Other than compliance with these Terms and Conditions, such referred Users and/or Contributor must also meet further conditions:
i) a minimal paid broadcast time achieved by the referred Contributor;

or

ii) a minimal amount of money spent by the referred User;
for the Affiliate to receive a commission in USD credits.
Affiliate program members may also send e-mail invitations to potential new Users through the CumNSee Service interface.
CumNSee shall exclusively use emails of potential new Users to keep records of sent invitations in order to prevent spamming caused by sending multiple invitations to the same email by the same User. CumNSee shall never send any notifications to emails of potential users.
Neither the commission amount nor the above-stated conditions are negotiable and shall be further determined by the CumNSee business policy.

FEATURED MODELS PROGRAM

Certain Contributors (Models) may be eligible to be Featured Models on the Service, wherein they shall be promoted by providing extra Content (demo videos, photos, blog posts etc.) that will raise their visibility and marketability on the Service.
There are two ways a Contributor (Model) may be eligible to enter the Featured Models Program:
i) By being a start-up model (by becoming a CumNSee model before the launch of the full CumNSee Service)

or

ii) by earning a certain amount of credits, as defined by the CumNSee Business Policy, a Contributor (Model), by sole discretion of CumNSee, may be offered the opportunity to join the Featured Model Program.
CumNSee uses sole discretion to decide which Contributor (Model) and for how long a particular Contributor (Model) may be featured on the Service, and is in no way obligated to feature a certain Contributor (Model), nor to feature any Contributor (Model) for a set minimum amount of time.

COMPLAINTS AND OTHER SUPPORT ISSUES

To resolve or report a complaint or any other issue regarding the Service or users of the Service, Users and Contributors should send a message detailing their complaint at cumnsee.com/contact-us or gay.cumnsee.com/contact-us. In appropriate circumstances, we will take immediate action in order to help resolve the problem.
The CumNSee support team shall exclusively take into account and answer to reports submitted in English and it shall also exclusively answer to any and all requests in English.

LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, we disclaim any liability to you of any type whatsoever. In no event will CumNSee or our officers, managers, owners, directors, employees, related companies, agents, or other representatives be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever (whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages or such damages are foreseeable) resulting from: (1) any errors, mistakes, or actions by us in any way related to your use of the Service; (2) any personal injury or property damage of any nature whatsoever resulting from your use of the Service or access to the Service; (3) any unauthorized access to or use of our Service, servers, and/or any and all personal information and/or financial information stored on our Servers; (4) any interruption or cessation of transmission to or from our Service; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Service by any third party; and/or (6) any errors or omissions of any kind whatsoever of any type in any way related to the Service incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available related in any way to the Service.
You specifically acknowledge that we shall not be liable for Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In the event you claim there was any problem with your use of the Service, you agree that your sole remedy shall be to seek reimbursement for any funds paid for the service, and we shall have sole discretion to determine if any portion of your funds should be reimbursed to you.
You and we agree that any cause of action arising out of or related to the service in any way must be commenced within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred. Both parties expressly agree to waive their rights to any longer statute of limitations.

SEVERABILITY

If any term, clause or provision herein is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions and this Agreement shall be governed by and construed exclusively in accordance with the internal laws of the Republic of Marshall Islands. User, Contributor and third party conduct may be subject to other local, state, and national laws. Any legal action or proceeding with respect to these Terms and Conditions or any issues related thereto shall be brought in and venue shall lie in the courts of the Republic of Marshall Islands, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection (including without limitation any objection to the laying of venue based on the grounds of inconvenient forum), which it may now or hereafter have to the exclusive venue of any such legal action or proceeding being in such above specified courts.
You agree to abide by the Republic of Marshall Islands and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to our website any data or software that cannot be exported without prior written government authorization, including but not limited to certain types of encryption software. This assurance and commitment shall survive termination of this Terms and Conditions agreement.