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General terms and conditions (GTC) for Webmaster
§1. Scope of Application / General Information
Camworld.tv (hereafter referred to us provider) provides the technical
pre-conditions for a platform on the internet on which interesting
performers (hereafter referred to us webmaster) can show their
performances to potential visitors on websites/domains of their own by
picture transmission and chat. The provider or affiliated partners
connected to the provider render their services exclusively on the basis
of these general terms and conditions. General terms and conditions
different from the ones used by the provider shall not apply. By using
the sites of the provider, the webmaster accepts the scope of
application of these general terms and conditions. When registering on
the internet portal(s) provided by the provider, these general terms and
conditions are particularly pointed out to the webmaster The provider
reserves the right to modify these general terms and conditions and
adjust them to the developments of the internet. Providing new services
is subject to the regulations stipulated in these general terms and
§2. Data Protection
On the basis of the (German) “Bundesdatenschutzgesetz, BDSG,” (Federal
Data Protection Act), the (German) “Telekommunikaionsgesetz”
(Telecommunications Act,TA,) and the (German) “Telemediengesetz”
(Telemedia Act), the webmaster undertakes that all personal data
collected during registration are processed and transmitted exclusively
for performing the relevant services and for accounting purposes
This shall include inventory data, user figures and accounting data. The
providor uses the following data for the settlement of the webmasters:
IP number of the webmaster, access data of the webmaster as well as the
day and the duration of the connection with the system.
Thus the provider shall not be liable for examining legality of the
services and performances offered or used by the webmaster or the
contents of the communication. The collection or procession of personal
data beyond the extend mentioned hereabove requires his approval. Data
are kept only as long as required by this agreement and in accordance
with the relevant applicable law. The webmaster shall always be
authorized to receive information on the data saved.
The provider tells the webmaster expressly that data protection for data
transmission on open networks such as the Internet cannot be completely
guaranteed with the state of the art technology.
§3. Registration and Participation Preconditions
Using the offer and the sites of the provider requires proper
registration. Registration and using the offer and sites of the provider
is only possible for persons with a minimum age of 18 and who are of
full legal capacity. Upon the webmaster’s registration, all information
shall be accurate and complete and if necessary he shall update these
data. Obsolete, incomplete, untrue or inaccurate data provided by the
webmastere shall entitle the provider to terminate the agreement with
immediate effect and without giving notice, and/or temporarily or
continiuously block the webmaster’s access to the system and suspend his
services in whole or in part.
The webmaster shall at all times protect the sites of the webserver as
well as -under certain circumstances- other data saved by himself such
as his user name, password, photo material, online access or other ways
of access with the telecommunication of the webmaster from any third
party gaining unauthorized knowledge thereof, particularly from minors
or people in need of protection. The webmaster is fully liable for using
the sites and offers offered by the provider which require logins and
passwords. The webmaster shall immediately inform the provider about the
loss of identification data or about third parties’ gaining
aunauthoritzed knowledge thereof.
The webmaster shall fully provide for the security of the data
transmitted on the internet and saved on the webserver. The webmaster
agrees to cooperate during registration, modification, suspension or
deletion of his registration as needed and to execute the necessary
declarations of intention, if necessary.
§4 Performance of the provider
The provider has developed a system for interactive communication in
digital networks by means of which internet users can get into contact
with senders, webmaster and user by direct picture transmision. This
system is accessible at the URL Camworld.tv. The webmaster is aware of
the fact that the provider may have registered further domains on which
the system can be used, too. Additionally, the system can be provided to
partner programmes. The webmaster agrees that services offered by him
can also be offered on other platforms.
The provider’s system enables the webmaster to present the services
offered by the provider to potential interested parties which can get
into contact with the sender via chat or phone. The provider makes only
the plattform for the contact between the sender and the interested
parties, webmaster available and provides supporting services such as
technical support as well as billing and encashment to the sender,
webmaster. The provider collects the amounts produced by the webmaster
and pays these to the webmaster after deduction of the commission.
It’s at the provider’s discretion to make further offers and links
available to the visitors for the purpose of increasing attractiveness
The webmaster shall not be entitled to a certain extent, a certain
design or to certain contents of this offer
The webmaster’s right to use the platform-related software is subject to
§ 5 of these general terms and conditions.
§5 Software / Intellectual Property Rights
The provider grants to the webmaster the right to use this
platform-related software which shall be free of charge, simple,
non-exclusive, non-transferrable, non-licensable and limited to the
period of this agreement . The licence entitles the webmaster to install
the software on one single PC and to use it for performances, services
and chats on the platform in accordance with the regulations. The simple
right of use is only granted if -upon registration- the webmaster’s data
be complete and accurate and if he accept the rules and regulations of
these general terms and conditions. The webmaster shall not be
autohorized to copy the software or make it accessible to third parties;
or lend or rent the software or rights hereof to third parties; or
convey it in any other form to third parties; or modify or translate the
software; or operate so-called Reverse Engineering; or decompile or
disassemble the software; or produce any other derivates based on the
Intellectual property rights as well as any other property rights to use
the software remain with the provider. The webmaster shall not be
entitled to receive or gain knowledge of the source code of the software
provided to him. People or companies which are in competition with the
provider or his products or services are not authoritzed to use the
In case there is evidence of an infringement, a contractual penalty
amounting to 5,000 euros for each case shall become due and payable. The
right of asserting further claims is expressly reserved.
§6 Rights and obligations of the webmaster
It’s up to the webmaster to provide for the hardware and software
necessary for Internet access on his own account. He provides the
service from his own location which can be in Germany or abroad and he
shall be obliged to comply with the relevant legal regulations in
Germany or those of his own location abroad. The agreement on
performance is closed only between sender, webmaster and the relevant
interested party. Accordingly, the latter shall be solely responsible
for the billing the webmaster. The provider, however, is not responsible
for examining the legality of the services offered by the webmaster.
If due to the involvement of the webmaster properietary rights of use,
industrial property rights, personal rights or any orther rights have
been, and continue to be, created, he shall irrevocably grant the
provider all exclusive and transferable rights of use at the time of
their creation so that he might use them comprehensively and worldwide
without any limitation with regard to time, content or place, or he
shall transfer all industrial property rights (including claims for
remuneration, if assignable) even for unknown types of use. Assignment
of rights particularly includes the following exclusive and
transferrable copyrights, industrial property rights as well as any
Broadcasting right, databank and telecommunications right, online rights
and entitle on demand, video broadcasting rights, production and
distribution right, advertising, promotion and clipping right. The use
on videos, CD-Roms, TV, Internet and print media.
The webmaster works on his own authority as freelancer of the provider. The
webmaster shall pay taxes on his income. The provider pays attention to the
webmaster’s compliance with the statutory regulations. Consequently, the
webmaster shall be obliged to refrain from distributing, offering or
demanding contents which are of illegal nature such as illegal pornography
via or on the provider’s system.
The webmaster is specially obligated to do the following
a) not to spread or offe sexual relations with children or animals and/or
performances which glorify violence;
b) not do any harm to minors;
c) not to pretend to be the representative, administrator or any other person
responsible for these minors when using these services;
d) not to collect, save or distribute personal data of visitors or senders,
f) not hack, damage or interrup the services or the servers connected to
these services, networks
g) to comply with rules and regulations of networks connecected to the service;
h) not to harass, threaten, slander, hassle or abash visitors or other senders;
i) not to copy, manifold, counterfeitor sell services, contents or parts of the services;
j) not to use the services of the provider for commercial purposes if not explicitly
granted by the provider;
k) not to take any advertising measures. This particularly concerns the canvassing
of senders or visitors of the provider for own or third parties’ offers. This shall
not apply to advertising measures of the webmaster for his own activity as webmaster
of the provider;
l) not to lure other senders and/or visitors away. The webmaster shall be obliged to
refrain from naming or writing private or commercial e-mail addresses, phone numbers,
service numbers of each kind or domain addresses by phone, e-mail or chat to visitors
of the provider;
In case of one or several infringements against the a.m. rules and
regulations, the provider shall be entitled to terminate the agreement
without notice. Existing credit may be kept. If there is evidence of an
infringement, a penalty fee amounting to 5,000 euros for each individual
case becomes due and shall be payable. The right of asserting further
claims is expressly reserved.
Upon first request the webmaster will indemnify the provider from and
against any and all third party claims which are raised due to contents
of illegal or immoral nature made available by the webmaster on the
sites of the provider.
Should the webmaster have been equipped with hardware for providing his
services, this equipment shall remain with the webmaster on a loan basis
for the duration of the agreement. Upon termination, it has to be handed
over to the provider. The equipment handed over to the webmaster shall
only be used for the provider’s services. The webmaster shall not
privately use or manipulate the soft- or hardware. In case of technical
problems, the provider has to be immediately notified.
§7 General settlement of the services rendered by the webmaster
In case payment has been made by debit entry, credit card or
telecommunication, the webmaster receives a share of the commission
amounting to the executed duration of contract between webmaster, sender
and visitor. The webmaster is only entitled to receive payment of his
commission share, if visitors make payments to the provider. In case of
a shortfall in payment, no payment is made to the webmaster. The
provider needs to present documents certifying the shortfall of payment.
The regulations on accounting procedures can be modified in compliance
with § 13 of these general terms and conditions.
§8 Settlement of the webmaster’s telecommunications services
For settlement, webmasters can make use of a telecommunication service
in different countries which enables visitors to get into contact liable
to a fee with the senders. The service for the functionality is
guaranteed via service numbers. The examination of the services is
provided by a webstate service which is made available to the webmaster
by the provider. The system keeps the data of the current month as well
as those of the previous months for an arbitrary period.
The provider draws up the accounts for the services rendered once a
month. The accounts are solely drawn up on the basis of the data collect
by the provider. Data collected by the webmaster itself are by no means
a basis for the settlement of the commission share payable to the
webmaster. The webmaster is obliged to promptly print the accounting
data that can be seen in his internal account. There is not transmitting
of accounting data by mail or by e-mail.
v The provider is entitled to fully or partially suspend payment if
preliminary investigation is initiated by the police or by the public
prosecution against the webmaster or third parties in connection with
the contractual relationship between webmaster, visitor and provider.
The webmaster is obliged to immediately notify the provider about the
initiation of preliminary investigation against him as well as the
abatement of action. If there is reasonable suspicion that the webmaster
has generated call volumes by breaking the statutatory regulations or
this contract, the provider shall be authorized to retain the business
volumes resulting hereof. Wrongly made payments to the webmaster are
deducted with subsequent payments.
Commissions of the webmaster are accounted approximately 2 weeks after
the acquisition period. Settlement for webmasters who are residents of
the Federal Republic of Germany is executed by bank transfer, with the
minimum amount to be paid out 25 euros. Payments to webmasters whose
residence is abroad is made by bank transfer with the minimum
amount to be 50 euros. Bank transfer/other payments are usually made one
week after accounting. Should there be a delay in payment due to
Deutsche Telekom or any other telecommunication service providers,
payments to be made are accordingly postponed.
The webmaster shall raise objections against the accounts within a
period of 4 weeks after they have been drawn up. Upon the webmaster’s
objections, the provider shall check the invoices/credits compiled.
§9 Particular obligations of the webmaster for telecommunications services
The webmaster is obliged to comply with the conditions of the rules for
structuring the national number space for the added value digital
services adopted by the Federal Network Agency and the latest standard
code of conduct of the German association “Freiwilligen Selbstkontrolle
für Telefonmehrwertdienste e.V. (FST)”.
As per §7 para 1 of the (German) Telemediengesetz (Telemedia Act) the
webmaster is exclusively responsible for the content of his services. As
per §§8, 10 of the German Telemedia Act, the provider shall not be
liable for the contents of the sender’s sites.
The webmaster shall comply with all legal norms referring to the
rendering of added value services If the webmaster breaks one of the
statutorily defined obligations and if any claims are brought up against
the provider by third parties, including public authorities, for
damages, ommission or any other cause, the webaster indemnifies the
provider againt liability inter se.
The webmaster is obliged to use the service numbers as agreed by
contract exclusively for his own purposes. Relaying of any personal
identifying information to third parties for further use is only
authoritzed after prior written consent of the provider.
§10 Taxes of the webmaster
The webmaster is liable for the payment of taxes for the amounts
produced. Payment of VAT will only be executed upon presentation of a
valid trade license or a tax registration number confirmed by the
relevant fiscal authorities or by a tax adviser. If the webmaster or his
company are located abroad or if no valid tax registration number has
been provided, no VAT shall be paid. In case of a subsequent
presentation of the trade license/ tax registration number, the VAT for
commissions already paid cannot be retroactively paid out The webmaster
is obliged to notify the provider immediately about the deregistration
of his business.
Using the provider’s services takes place on the webmaster’s own risk.
The provider is not liable for damages caused by downloading the
software provided or any other contents of the Internet or due to any
other transactions in connection with the services of the webmaster.
Independantly of the legal basis, the provider is liable only for
damages caused deliberately or due to gross negligence. Furthermore, the
provider shall be liable for any damages caused by a simple negligence
of an essential primary obligation or by the lack of warranted
characteristics. Liability for simple negligence is excluded. The
provider is not liable for senders registered to the server, subordinate
webmaster of the webmaster.
Liability according to the (German) Produkthaftungsgesetz (Product
Liability Act) remains unaffacted. The provider cannot be held liable
for the functionality and the proper use of the communication channels
of the Internet or of any other communications channel. Liability for
damage caused by a telecommunications structure provided by third
parties is excluded.
The provider cannot be held liable for the behaviour of visitors, other
senders, webmasters, any third parties or for the contents or
explanations spreaded by visitors, senders, webmasters or any other
third parties under performing these services.
The provider does not accept any liability for the creditworthiness of
the visitors. The provider is entitled to assert the right of retention
for materials distributed by the provider until all outstanding invoices
of the provider or of his contractual partners arising from the business
relationship have been settled.
§12 Term of Agreement and Termination
The provider is not obliged to accept new registrations of the
webmaster. Unless otherwise agreed upon, agreement shall be concluded
for an indefinite period. Both parties can hand in a written termination
without observing the relevant periods of notice. The termination does
not require giving reasons. Notice of termination shall be made in
written form (mail, fax) or by e-mail.
The right of immediate termination for good cause shall be unaffected.
Specially, grounds for termination without notice by the company exist
when the webmaster is not of legal age or when he grants underage
persons access to the system, when the webmaster offers illegal
performences, particularly child pornography or bestiality, or when the
provider stops operating for economic reasons.
After termination of the agreement, the webmaster is obliged to hand
over all materials made available to him by the provider and to delete
all copies potentially produced. After termination of the agreement, the
webmaster shall be not be authorized to offer services in the provider’s
It’s at the provider’s discretion on how to design the contents of his
services as well as how to name the plattform operated by him. He can
modify, reorganize or suspend certain or all services at each time. The
provider can terminate the agreement in whole or as a part in accordance
with §14 hereof and can offer the conclusion of a new agreement if
requested. The webmasters are in advance informed on modifications etc.
in an appropriate period.
The provider is entitled to modify or amend these general terms and
conditions at each time for the future. Possible modifications and
amendments of these general terms and conditions are partiuclarly
pointed out to the webmaster. The general terms and conditions modified
or amended shall only apply if the webmaster uses the sites of the
provider again after receipf of these information and after giving his
consent either by clicking on the box or by declaring in any other way
that he accepts the general terms and conditions modified. If the
webmaster does not accept the general terms and conditions, the provider
shall be entitled to terminate the agreement without notice.
§14 Final Clause and Place of Jurisdiction
These terms and conditions shall be governed by the law of Venezuela.
Place of jurisdiction for all disputes arising from these general terms
and conditions -in as much as legally permissible- is the place of the
provider’s business location. The provider can also file a suit against
the webmaster on the webmaster’s domicile and business location.
Ifo one or more provisions of this contract are invalid or
impracticable, it does not affect the validity and the practicaility of
the other terms and conditions. The parties have to work together to
replace the invalid and impracticable provisions by those which match
the commercial aims of the party with the invalid and impracticable
The above shall apply accordingly to the closing of any gaps in the
agreement. The failure of the provider to exercise or enforce any right
or provision of the General terms and conditions shall not constitute a
waiver of such right or provision. Any subsidiary agreement, alteration
and supplment to these general terms and conditions shall be valid only
if confirmed in writing..
As at 2012 Porlamar , Nueva Esparta