Terms-of-Service Agreement
Last updated: 4-17-2024
This terms-of-service agreement is entered into between you and Eckstut Enterprises LLC (“HerBicepsCam,” “we,” or “us”). The following agreement, together with any documents it references (collectively, “agreement”), governs your access to and use of https://www.herbicepscam.com/, including any content, functionality, and services offered on or through https://www.herbicepscam.com/ (the “Website”).
1 Definitions
In this agreement, the following definitions apply:
“Content” means any material uploaded to the Website by any User, including any photos, videos, audio (for example, music and other sounds), livestream material, data, text (including comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material.
“Streamer” means a User who has set up their HerBicepsCam account as a streamer account to post or distribute Content on the Website to Viewers.
“User” means any user on HerBicepsCam, whether a Streamer or a Viewer (also referred to as “you” or “your”).
“Viewer” means a User who views the Streamer’s Content, whether as a guest or a member.
2 Acceptance of Agreement
This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
Section 31 of this agreement contains a mandatory arbitration agreement. By using our Website and accepting this agreement, you hereby (1) agree to binding arbitration of these claims before a neutral arbitrator and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us.
By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
This Website is offered and available to persons who are 18 years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that the following facts are accurate: (1) you are at least 18 years old; (2) if the laws of your jurisdiction provide that you can only be legally bound by a contract at an age that is higher than 18-years old, then you are old enough to be legally bound by a contract under the laws of that jurisdiction; (3) you will provide all other information or verification as we require; (4) you are permitted by the laws of your jurisdiction to join the Website and to view any Materials available on it and to use any functionality provided by it; and (5) you are able and willing to make payment (where required) to view Materials available on the Website that you wish to view. If you do not meet all these requirements, you must not access or use the Website.
3 Changes to Agreement
We may revise and update this agreement on one or more occasions. The Website will require you to review and agree to the amended agreement before you can continue to use the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterward. However, any changes to section 29 (Governing Law and Jurisdiction) or section 31 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
4 Adult Material
The material available on the Website includes graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing this Website in a way that places you in breach of any contract you have with a nonparty (for example, your employment contract) or in breach of any law.
5 Section 230(d) Notice
Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
6 Child Sexual Abuse Material (CSAM) Prohibited
We prohibit material involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of children, please promptly report this to us at help@herbicepscam.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action, including, but not limited to, termination of the User’s account, blocking the User from opening a new account on the Website, and withholding any payments owed to the User. We cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
7 No Prostitution or Sex Trafficking
HerBicepsCam prohibits Users from using the Website to engage in, participate in, assist, support, or facilitate any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion. This includes using the Website to (1) exchange any personal contact information with any User or have any type of face-to-face meeting involving one or more Users or (2) discuss with any User any type of transaction involving the use of any other service or method of interfacing with that User, including using any other Internet-based service or product. Any violation of these prohibitions will result in the termination of the User’s account, blocking the User from opening a new account on the Website, and withholding any payments owed to the User. If you see any evidence of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion on this Website, please promptly report it to us at help@herbicepscam.com. Please include with your report all evidence, including the date and time of identification.
If you are a victim of any type of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion, please immediately contact local law enforcement and provide them with all the relevant information. Additionally, please notify HerBicepsCam by submitting a private report and provide HerBicepsCam with the specific details.
We will promptly investigate all reports and take proper action. HerBicepsCam will cooperate with any criminal investigation by any law enforcement agency.
8 Accessing the Website
We may withdraw or amend our Website and any service or material provided on it without notice. We will not be liable if any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users. You are responsible for making all arrangements necessary for you to access and use the Website and its Materials. Access to the Website might not be legal by certain persons or in certain countries or might require age verification. We are not making any statement that the Website or its Materials are accessible or appropriate in your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise, you access the Website on your own initiative and are responsible for complying with local laws.
9 Your Account; Account Security; Communication Preferences
(a) To access many of the Website’s features, you must create an account. Registration is free and for a single User only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 9(a). Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state that (1) all account registration and profile information you provide is your own and is accurate, (2) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement or any other agreement between you and HerBicepsCam, and (3) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone. If you are registering with the Website as a business entity, you also state that you have the authority to legally bind that entity to this agreement.
(b) You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement or any other agreement between you and HerBicepsCam. We may cancel unconfirmed accounts or accounts that have been inactive for more than a year.
(c) We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
(d) You must not use anyone else’s account at any time.
(e) We cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.
(f) By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications.
10 Intellectual Property Rights
(a) HerBicepsCam owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by HerBicepsCam, its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
(b) HerBicepsCam hereby grants you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
(1) your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials;
(2) you may store files that are automatically cached by your Web browser for display enhancement purposes;
(3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution;
(4) you may view or download (if enabled by the Website) any Content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution;
(5) if we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications; and
(6) if we provide social media features with certain content, you may take those actions as are enabled by those features.
(c) You must not:
(1) download any Materials unless the Website itself gives you that option;
(2) modify copies of any Materials from the Website;
(3) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
(4) delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website; and
(5) access or use any part of the Website or the Materials available through it for any commercial purposes unless we agree otherwise in writing.
(d) If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and HerBicepsCam reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.
(e) Eckstut Enterprises’ name and logo; the term HER BICEPS CAM; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of HerBicepsCam, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you with from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
11 Prohibited Uses
(a) You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
(1) in any way that violates any law or regulation;
(2) to exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
(3) to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion;
(4) to harass or stalk any person;
(5) to send, knowingly receive, upload, download, use, or re-use any Content that does not comply with the Content Standards set out in this agreement;
(6) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(7) to impersonate or try to impersonate us, a HerBicepsCam employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding); or
(8) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Users or us or expose them or us to liability.
(b) Additionally, you must not:
(1) use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website;
(2) conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (A) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (B) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations;
(3) use any manual process to monitor, copy, record, download, or rebroadcast any of the Materials or any other unauthorized purpose without our prior written consent;
(4) use any device, software, or routine that interferes with the proper working of the Website;
(5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
(8) otherwise try to interfere with the Website’s proper working.
12 User Content
(a) The Website contains personal profiles, live streaming cam shows, live video chat, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other Users (collectively, “post”) Content on or through the Website. All Content must comply with the Content Standards set out in section 14. We will consider nonconfidential and nonproprietary any Content you post to the Website.
(b) You must be a verified User before you can post or appear in Content on or through our Website. To become a verified User, you must first provide us with a government-issued picture identification so that we can verify your identity and age. By providing us with a government-issued picture identification, you hereby authorize us to provide your government-issued picture identification to a nonparty vendor for validation purposes.
(c) You own all intellectual property rights in the Content you submit. You hereby grant us a perpetual, irrevocable, nonexclusive, sublicensable, worldwide license to:
(1) use, reproduce, modify, adapt, publish, translate, transcode, create derivative works from, distribute, stream, perform, and display that Content (including for promoting and redistributing any part of the Website (and derivative works of it)) in any form, format, media, or media channels now known or afterward developed or discovered; and
(2) use the name, identity, likeness, and voice (or other biographical information) that you submit with that Content.
(d) You hereby waive any so-called “moral rights” that you might have in any Content.
(e) HerBicepsCam may use your name, likeness, biography, trademarks, logos, and other identifiers used by you in your account profile to display those properties to the public or the audiences you have specified. You may revoke the preceding license by deleting your account. HerBicepsCam may identify public profiles in its marketing and investor materials.
(f) You must obtain and keep on record written consent from all persons (including yourself) depicted in Content specific to the following areas: (1) consent to be depicted in the Content; (2) consent to allow for the public distribution of the Content and to upload the Content to this Website; and (3) if the Content will be made available for downloading by Users, consent to have it downloaded. In addition, you must verify the identity and age of all persons depicted in Content to ensure that all persons depicted are adults and must be able to provide supporting documents to HerBicepsCam on request.
(g) You must comply with the federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all Content that contains visual depictions of actual or simulated sexually explicit conduct, including obtaining and keeping all records necessary to demonstrate that you comply with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual (including yourself) appearing in any Content on the date of the production of that Content. You or a nonparty service provider must act as the “Custodian of Records” as required by 28 C.F.R. Part 75 and must keep all required records at your or that nonparty’s primary address. You must make available to HerBicepsCam or any government official, and copy at HerBicepsCam’s request, all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.
(h) You state that the following facts about any Content you post on or through the Website are accurate:
(1) you have the right to submit the Content to the Website and grant the licenses in this agreement;
(2) all persons depicted in your Content were at least 18 years old and the age of majority in your jurisdiction at the time of creation;
(3) HerBicepsCam will not need to obtain licenses from any nonparty or pay royalties to any nonparty for the streaming or other permitted distribution of the Content;
(4) you have obtained and will keep on record appropriate written releases or consents from all persons (including yourself) who appear in the Content, including, but not limited to, (A) consent to be depicted in the Content, (B) consent to allow for the public distribution of the Content and to upload the Content to the Website, and (C) if the Content will be made available for downloading by other Users, consent to have that Content downloaded;
(5) you have verified the identity and age of all persons depicted in your Content to ensure that all persons depicted are adults and you can provide supporting documents to us on request;
(6) the Content does not, and will not, infringe any nonparty’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
(7) the Content complies with this agreement, any other agreement between you and HerBicepsCam, and all laws.
(i) You acknowledge that you are responsible for any Content you post, and you, not us, have full responsibility for that Content, including its legality, reliability, accuracy, and appropriateness. We are not liable to any person for the content or accuracy of any Content posted by you or any other User. We use reasonable security measures to try to protect Content against unauthorized copying and distribution. But we do not guarantee that any unauthorized copying, use, or distribution of Content will not occur. We provide any security measures “as is” and we are not making any warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures. We will not be liable to you for any unauthorized copying, use, or distribution of your Content by nonparties, and to the greatest extent allowed by law, you hereby release all claims you might have against us for any such unauthorized copying or use of the Content, under any equitable or legal theory.
13 Monitoring and Enforcement; Termination
(a) We may:
(1) remove or refuse to post any Content for any or no reason;
(2) take any action concerning any Content that we consider necessary or appropriate, including if we believe that your Content is illegal or otherwise violates this agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s Users or the public, or could create liability for HerBicepsCam;
(3) disclose your identity or other information about you if required by law or court order (including a subpoena) to anyone who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy or publicity;
(4) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized Content (HerBicepsCam will report any Content that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies); or
(5) terminate or suspend your account or access to the Website for any reason or no reason, including violation of this agreement, engaging in any activity that is illegal or fraudulent, or violation of credit card association rules or law.
(b) HerBicepsCam has a complaint process that allows anyone to report to HerBicepsCam any Content on the Website that might be illegal or that otherwise violates this agreement or credit card association rules. HerBicepsCam will review and resolve all reported complaints within seven business days. We will suspend access to any Content you post on our Website that we become aware of that might not comply with this agreement, credit card association rules, or law while we investigate the suspected noncompliance or unlawfulness of that Content. If we suspend access to your Content, you may request a review of our decision by contacting us at help@herbicepscam.com. After investigating the suspected noncompliance or unlawfulness of that Content, we may take any action we consider appropriate, including, but not limited to, reinstating access, permanently removing, or disabling access to that Content without needing to obtain your consent and without giving you prior notice. At your own cost, you must promptly provide us with all reasonable assistance (including providing us with copies of any information that we request) in our investigation. We will not be responsible for any loss you suffer arising from our suspending access to your Content or any other steps that we take in good faith to investigate any suspected noncompliance or unlawfulness of your Content under this section 13(b).
(c) If we suspend access to or remove any of your Content, we will notify you by email or electronic message to your User account, but we are not required to give you prior notice of that removal.
(d) If we suspend access to your account or terminate your agreement with us and your access to the Website, we will let you know. While access to your account is suspended, any payment that would otherwise have fallen due during the suspension will be suspended, and we may withhold earnings due to you but not yet paid.
(e) We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information about anyone posting any Content on or through the Website. You hereby waive and shall indemnify HerBicepsCam and its affiliates, licensees, and service providers against any claims resulting from any action taken during, or taken because of, investigations by either HerBicepsCam or law enforcement authorities.
(f) We review all Content before it is published on our Website to ensure that it is not illegal and does not otherwise violate this agreement, any other agreement between you and HerBicepsCam, credit card association rules, or law. In addition, in offering real-time or live video streaming Content, we operate on a platform that we can fully control and that allows for real-time monitoring and the removal of the Content being streamed. If we determine that any Content being streamed is illegal or otherwise violates this agreement, any other agreement between you and HerBicepsCam, credit card association rules, or law, we will promptly block and remove that Content. But we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or nonparty. We have no liability or responsibility to any User for performance or nonperformance of the activities described in this section 13.
14 Content Standards
These content standards (“Content Standards”) apply to all Content and use of the Interactive Services. Content must comply with all laws and regulations and credit card association rules. Content must not:
(1) promote, depict, or discuss any activity that is illegal or otherwise violates any credit card association rules;
(2) contain any defamatory, obscene, indecent, abusive, offensive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable material;
(3) promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(4) contain children, child sexual abuse material, age-play, incest, rape or nonconsensual sex, hypnosis, intoxication, sexual assault, extreme violence, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that is illegal or violates credit card association rules;
(5) contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”);
(6) promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (A) being taken, captured, or otherwise memorialized; or (B) being posted and shared on the Website);
(7) promote or depict firearms (excluding obvious toys), weapons (excluding obvious toys), or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
(8) promote or depict alcohol or drugs or drug paraphernalia;
(9) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of anyone;
(10) violate any person’s legal rights (including the rights of publicity and privacy) or contain any material that could give rise to any civil or criminal liability under law or that otherwise might be in conflict with this agreement or our Privacy Policy;
(11) be likely to deceive anyone;
(12) promote, facilitate, or solicit any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion;
(13) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy anyone;
(14) impersonate any person or misrepresent your identity or affiliation with any person or organization;
(15) involve unauthorized commercial activities or sales, including unsanctioned contests, sweepstakes, and other sales promotions, barter, or advertising, including soliciting Users for commercial ventures or engaging in unsolicited direct marketing;
(16) give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case;
(17) contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment;
(18) disclose anyone’s private or personal information;
(19) request personal information from, or disclose personal information to, anyone, including financial information, payment information, email address, telephone number, or mailing address; or
(20) request money from, or otherwise defraud, anyone.
15 Copyright Infringement
If you believe that any Content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is HerBicepsCam’s policy to terminate the User accounts of repeat infringers.
16 Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.
All statements or opinions expressed in Content and all articles and responses to questions and other content, other than the content provided by HerBicepsCam, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect HerBicepsCam’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any User or nonparty.
17 Changes to the Website
We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials might be out of date at any given time, and we are not required to update those Materials.
18 Information About You and Your Visits to the Website
For information about how we collect, use, and share your personal information, please review our Privacy Policy.
19 Competitions
Streamers may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Streamer Competitions”). We are not the sponsor or promoter of those Streamer Competitions and do not bear any responsibility or liability for the actions or inactions of any Streamer who organizes, administers, or is otherwise involved in any promotion of those Streamer Competitions. If you wish to participate in any Streamer Competition, you are responsible for reading and ensuring that you understand the rules and any eligibility requirements and are lawfully able to participate in that Streamer Competition in your place of residence.
20 Credits
(a) The Website includes a virtual, in-app currency (“HerBicepsCam Credits”), that Visitors may purchase from HerBicepsCam for “real-world” money or acquire from HerBicepsCam as part of a promotion to access Content offered by Streamers through the Website. All transactions and interactions between Users facilitated through the Website are agreements between the Viewer and the Streamer. Although we facilitate transactions and interactions between Viewers and Streamers by providing the Website, storing Content, and acting as a payment intermediary, we are not a party to any agreement or arrangement that might exist between a Viewer and a Streamer, and we are not responsible for any transactions or interactions between Viewers and Streamers. Streamers are solely responsible for determining (within the Website’s pricing parameters) the pricing applicable to transactions and interactions and the Content to which a Viewer may access or purchase.
(b) We accept payment for HerBicepsCam Credits through our third-party payment processor using the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to make a purchase. You must comply with any relevant terms or other legal agreement that governs your use of your chosen payment method. You hereby authorize us to give your payment card details to our payment processor to process your payment. Prices may change at any time, and we do not offer price protection or refunds for any later price reduction or promotional offering. You’re responsible for checking the price before making a purchase. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Your payment card provider may charge you currency conversion fees. We do not control currency exchange rates or charges imposed by your payment card provider or bank. We are not responsible for paying any charges or fees imposed by your payment card provider or bank. We will charge your payment method for the price listed plus any other amounts for applicable taxes, bank fees, and currency fluctuations. The payment provider will take immediate payments from your payment card. You hereby authorize and consent to each of these payments being debited using your supplied payment card details. If you choose to provide details for two or more payment cards and try to make a payment from the first card and that card is rejected for any reason, then the other payment card will be used to collect the full payment.
(c) Other than a limited, personal, revocable, nontransferable, nonsublicensable license to use the HerBicepsCam Credits as part of the Website, you have no interest in any HerBicepsCam Credits appearing or originating on the Website, or any other attributes associated with the Website or stored within the Website. We may manage, regulate, control, modify, or eliminate HerBicepsCam Credits in our sole discretion, and we will have no liability to you or anyone for exercising those rights except for refunding the purchase price for those HerBicepsCam Credits. We prohibit transfers of HerBicepsCam Credits unless authorized on the Website. Except as provided in this agreement, you must not sell any HerBicepsCam Credits for “real-world” money or otherwise exchange those items for value. Any attempt to exchange HerBicepsCam Credits for actual currency violates this agreement and might lead to a lifetime ban from the Website and possible legal action. On the cancellation, closure, or termination of a User account for any reason, any outstanding HerBicepsCam Credits associated with the User account will immediately expire.
(d) You are responsible for all sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a purchase, you will be responsible for those taxes or fees if they are later found to be payable on that purchase, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
(e) You may tip Streamers through the Website. You acknowledge the following about tipping:
(1) tipping is not required to use the Website;
(2) you tip at your option and risk;
(3) you must only tip using the Website’s tipping function;
(4) Streamers must not solicit tips by any means of payment other than through the means provided on the Website;
(5) tips are a voluntary gratuity and must not be given in exchange for specific services;
(6) promising to tip in exchange for performing any specific act is prohibited and will result in an immediate and lifetime ban from the Website; and
(7) tips are chargeable when made—we will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.
21 Billing Disputes
If you believe that we have charged you in error, you must notify us in writing no later than 30 days after receiving the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes to us by email at help@herbicepscam.com. Please include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments. If we consider that any billing dispute made by you was made in bad faith, we may suspend or terminate your User account (or any future User account you create).
22 Refund Policy
Except as provided by law, all sales and transactions are final. Payments are nonrefundable and earned on receipt. If you are unhappy with a transaction with a Streamer, please inform them. If there is a technical error on the Website that is preventing you from taking advantage of your HerBicepsCam Credits, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please email us at help@herbicepscam.com and explain the circumstances you believe merit a refund. We are not making any promise that we will give you a refund. If we issue a refund at our sole discretion, we will issue that refund in the form of a credit to your HerBicepsCam Credit balance or, if the refund is for the purchase of HerBicepsCam Credits, to the payment method you used for that purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 22 does not affect any statutory right to receive a refund you might have under law.
23 Chargeback Policy
We carefully investigate all chargebacks. You must not make unjustified chargeback requests to your payment card provider for any transaction between you and HerBicepsCam. You will remain responsible for the consequences caused by that breach of contract. We will review excessive and potentially fraudulent chargeback requests and we may prevent you from making additional purchases during that review. If we determine any chargeback request is fraudulent or was made by you in bad faith, we may suspend or terminate your account or any future account you create.
24 Linking to the Website and Social Media Features.
(a) You may link to our homepage or your profile page, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
(b) This Website may provide certain social media features that enable you to:
(1) link from your own or certain nonparty websites to certain content on this Website;
(2) send emails or other communications with certain content, or links to certain content, on this Website; and
(3) cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.
(c) You may use the features set out in section 24(b) solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:
(1) establish a link from any website that is not owned by you;
(2) cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
(3) link to any part of the Website other than the homepage or your profile page; or
(4) otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
(d) The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.
(e) You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
(f) We may disable any social media features and any links at any time without notice.
25 Links from the Website
If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
26 Warranty Disclaimers
HerBicepsCam provides the Website “as is” and “as available.” You use the Website at your own risk.
Except as set out in this agreement, and to the extent permitted by law, HerBicepsCam is not making any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Among other things, HerBicepsCam is not making any warranty (1) that the Website, or any part of it, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers, (2) that we will streamer, make available, or remove any specific piece of Content, (3) concerning any Content submitted by or actions of our Users, (4) that any geo-filtering or digital rights management solution that we might offer will be effective, (5) that the Website will meet your business or professional needs, (6) that we will continue to support any particular feature or maintain backward compatibility with any third-party software or device, or (7) concerning any third-party websites and resources.
The disclaimers of warranty in this section 26 also apply to our subsidiaries, affiliates, and third-party service providers.
The above does not affect any warranties that cannot be excluded or limited under law.
27 Limitation of Liability
To the extent permitted by law, (1) HerBicepsCam is not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of business, profits, goodwill, data, or other intangible losses, even if HerBicepsCam has been advised of the possibility of those damages, and (2) HerBicepsCam’s total liability to you, except for HerBicepsCam’s contractual payment obligations under this agreement (if any), will not exceed the amounts paid by you to HerBicepsCam over the six months preceding your claim. In this section 27, “HerBicepsCam” includes its subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by services you purchase through the Website.
The above does not affect any liability that cannot be excluded or limited under law.
28 Indemnification
You shall indemnify us against all losses and liabilities, including legal fees, that arise from this agreement or relate to your use of the Website, including your Content. We reserve the right to exclusive control over the defense of a claim covered by this section 28. If we exercise this right, then you will help us in our defense. Your obligation to indemnify under this section 28 also applies to our subsidiaries, affiliates, officers, managers, employees, agents, and third-party service providers.
29 Governing Law
Nevada law governs all adversarial proceedings arising out of this agreement or access or use of the Website.
30 Equitable Remedies
Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
31 Arbitration; Class Action Waiver
You and Eckstut Enterprises are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.
As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under section 30), a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its consumer arbitration rules (the “AAA Rules”) then in effect, except as modified by this arbitration provision. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act governs the internation and enforcement of this arbitration provision.
The arbitrator will have exclusive authority to resolve any dispute regarding arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction.
Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.
Any arbitration begun in accordance with this arbitration provision must be conducted in Las Vegas, Nevada.
The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to arbitration on an individual basis. In any dispute, neither you nor Eckstut Enterprises will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver must only be raised in a court of competent jurisdiction.
If any provision of this section 31 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
32 Jurisdiction
If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under section 30, that party may bring that proceeding only in the United States District Court for the District of Nevada or, only if there is no federal subject matter jurisdiction, in a state court of Nevada sitting in Las Vegas.
Each party hereby waives any claim that any proceeding brought in accordance with this section 32 has been brought in an inconvenient forum or that the venue of that proceeding is improper.
33 Recovering Expenses
In an adversarial proceeding between the parties arising out of this agreement or access or use of the Website, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
34 Time Limit to Bring Claims
Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or access or use of the Website more than one year after the date that dispute arose.
35 Entire Agreement
This agreement constitutes the entire understanding between the parties regarding access or use of the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Eckstut Enterprises regarding access or use of the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.
36 No Transfer
This agreement is personal to you. You shall not transfer to any person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 36 will be void.
37 Waiver
No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
38 Severability
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
39 Notices
You may give notice to us by email at help@herbicepscam.com or by mail at Eckstut Enterprises LLC, 8724 Spanish Ridge Ave, Suite 115, Las Vegas, NV 89148. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us.
You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a valid email address for receiving notice.
40 Recording Communications
We may record communications conducted or initiated using the Interactive Services including all livestream, video chat, email, voice, data, and other forms of communications. We use recorded data obtained to evaluate the Website, to monitor compliance with this agreement, for quality assurance purposes, and to promote the Website. You can opt out of our use of any recording for marketing purposes by sending an email to help@herbicepscam.com and putting “Recording Opt-Out” in the subject of the email.
41 Unsolicited Idea Submission Policy
We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 41 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
42 Complaints—California Residents Only
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
43 Your Comments and Concerns
The Website is operated by Eckstut Enterprises LLC, 8724 Spanish Ridge Ave., Suite 115, Las Vegas, NV 89148.
All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at help@herbicepscam.com.