Agreement Content

Performers agreement

Performers agreement This electronic document is a legally binding and enforceable contract and agreement (referred to herein as this "Agreement") between you as a performer or studio (referred to herein as "Performer," "you," or "your") and So Damn Tech(referred to herein as Live-lola.com "we" or "our"). Any reference in this Agreement to "our website" refers to Live-lola.com.com and any other website owned by or affiliated with Live-lola.com. By providing your electronic signature below, you are agreeing to be bound by and acknowledging your complete acceptance of all the provisions stated in this Agreement.

As used in this Agreement, the word "Content" shall mean any image, video, sound, text, or any other type of file which is uploaded onto our website for public viewing on our website

It is very important you review all portions of this Agreement. The Agreement contains details and explanations regarding our strict policies and requirements concerning no minors; no prostitution or sex-trafficking; age verification; uploading of Content; conditions for you giving performances; and other very important matters.

A. NO MINORS – ZERO TOLERANCE

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE AGAINST ANY PERFORMER TAKING ANY ACTION DURING A PERFORMANCE OR AT ANY TIME WHILE USING OUR WEBSITE WHICH IN ANY WAY INVOLVES THE PARTICIPATION, INVOLVEMENT, DEPICTION, OR DISCUSSION OF ANY PERSON UNDER 18 YEARS OF AGE

Examples of actions which are strictly prohibited in this regard include but are not limited to the following

  1. You shall not under any circumstances have any person appear in a performance who has not been approved by us and has not been added to your account by us. This includes but is not limited to at no time shall a person under 18 years of age ever appear in or be visible on cam during any performance by you on our website
  2. You shall not under any circumstances upload onto our website any Content or otherwise post, submit, share, or discuss on our website any photograph, video, image, email, text, or other Content which is child pornography or which in any way depicts, shows, or refers to any person under 18 years of age. See Sections B, D and H below
  3. You shall not under any circumstances engage in a performance in which a user is not, or any suspicion exists that a user is not, at least 18 years of age or not the age of majority in the place the user lives or is accessing our website. We also prohibit during a performance on our website any discussion or reference whatsoever to children or anyone under 18 years of age. We also prohibit during a performance on our website any discussion or reference whatsoever to children or anyone under 18 years of age, including but not limited to: any type of roleplaying or other conduct which involves any person acting or posing as a person under 18 years of age.

If you have any knowledge of any actual ora     possible violation of these requirements, we request and strongly encourage you to report any and all such knowledge directly to us atterms@Live-lola.com.com. If we become aware of any violations or suspicious activity in violation of these requirements, we will investigate the matter fully. You agree we have the right to require additional documentation from you regarding any of these matters. We regularly cooperate with any and all law enforcement agencies. We will not hesitate when appropriate to refer violations of these requirements to the appropriate criminal law enforcement agencies and reporting agencies, including but not limited to local law enforcement agencies, the FBI, and/or the National Center for Missing and Exploited Children

If you in any way violate these requirements, your account with us will be terminated and you will be blocked by us from ever opening another account with us. See further discussions below regarding our zero tolerance regarding actions involving minors

B. NO PROSTITUTION OR SEX TRAFFICKING

WE STRICTLY PROHIBIT AND HAVE ZERO TOLERANCE AGAINST YOU USING OUR WEBSITE OR OUR PLATFORMS IN ANY WAY WHATSOEVER 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 but is not limited to you are prohibited from using our website or our Platforms: (1) to exchange any personal contact information with one of our users or to have any communication with one of our users which would in any way result in any type of face-to-face meeting involving you and one of our users; or (2) to discuss in any way with one of our users any type of transaction whatsoever involving use of any other service or method of interfacing with one of our users, such as use of any other Internet based service or product. Any violation of these prohibitions will result in immediate cancellation of your account, you will be blocked from ever opening a new account, and your payments will be withheld. We will cooperate fully with any criminal investigation by any police or other criminal law enforcement agency.

We strictly prohibit any of our Performers or Studios from in any way forcing a person to perform on our website or taking any other action which could in any way involve engaging in, participating in, assisting, supporting, or facilitating sex trafficking of children or sex trafficking by force, fraud, or coercion. If you are a Performer and you are a victim of any type of sex trafficking or violation of any of the above requirements, please immediately contact your local police to provide them all specific details. Additionally, please notify us by submitting a private report and provide us with all specific details.

If you are a Performer or a Studio and you are engaging in, participating in, assisting, supporting, or facilitating any type of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion, you must immediately cease all such wrongful conduct. If we receive information that you may be engaging in, participating in, assisting, supporting, or facilitating any type of sex trafficking (including but not limited to any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion), then we will if appropriate report you to the police or other criminal law enforcement agency; we will or may immediately terminate or suspend your account; and we will or may withhold all payments

C. AGE VERIFICATION

By entering into this Agreement, you hereby represent and warrant that you have reached the age of 18 (19 in Canada) and the age of majority in the jurisdiction in which you are located at the time of giving a performance. You also represent and warrant that you have provided to us all the accurate information and valid documents required by us

We have a robust process for verifying the age and identity of every Performer. This process includes the review and validation of your government-issued picture identification card and steps to ensure that your government- issued picture identification card is in the possession of, and belongs to, you. This process requires that you provide to us a live capture of: (1) your face; (2) your valid and accurate government-issued picture identification card (front and back, where applicable); and (3) you holding your government-issued picture identification card. This process is to ensure individuals are present, are live, and consent to the application process. We use a number of tools to validate government-issued picture identification cards, including we use a third-party vendor that specializes in the validation of government identifications.

Our age verification process is required for us to be in compliance with the age verification requirements of United States federal law stated in 18 U.S.C. §§ 2257 and 2257A et seq. ("Section 2257"). As required by Section 2257, we maintain and store all records of your performances required by Section 2257, in whatever medium is required. Additionally, we conduct manual review of all Content (before publication) and live performance monitoring, as well as a biometric broadcaster verification step at the beginning of each stream and periodically throughout the stream to further validate that the person(s) on the stream is or are the person(s) approved on your account. By entering into this Agreement, you are fully consenting to us: (1) conducting such manual review, live monitoring, and biometric verification steps; and (2) maintaining and storing the records required by Section 2257

When used in this Agreement, "the Standards" shall mean all our policies, conditions, requirements, and other standards discussed in this Agreement. These include but are not limited to our policies discussed: (1) in Section A re No Minors-Zero Tolerance; (2) in Section B re No Prostitution or Sex Trafficking; (3) in Section C re Age Verification; (4) in Section D re Uploading of Content; (5) in Section G re Conditions for Use of Our Platforms; and (6) elsewhere in this Agreement.

D. UPLOADING OF CONTENT

Limitations on Who May Upload Content. As used in this Agreement, the word"Content" shall mean any image, video, sound, text, or any other type of file which is uploaded onto our website for public viewing on our website. With respect to the uploading of any Content onto our website, we strictly adhere to the following policies:

  1. Only Verified Content Providers. The only persons who may upload Content onto our website are verified Content providers
  2. Not Members and Non-Performer Users. Members and non-Performer users are prohibited from uploading any Content onto our website.
  3. Only Performers. The only persons who can upload Content onto our website are our approved Performers. In addition to engaging in live performances using our Platforms, our approved Performers may upload Content (static or recorded Content) onto our website which can be publicly viewed or accessible on our website at the Performer's bio page and in activity feeds. Our approved Performers are verified Content providers because they have gone through our robust process for verifying their age and identity, which includes the review and validation of a government-issued picture identification card and steps to ensure the government-issued picture identification card is in the possession of, and belongs to, the Performer. See Section C re Age Verification.
  4. Who May Be Depicted? With respect to all Content uploaded by our Performers, the only persons who may be depicted in the Content are the uploading Performer and another Performer who has been approved by us to be on the account of the uploading Performer. The only other Performer(s) who will be approved to be on a Performer's account are Performers who have been approved by us after our robust process for verifying their age and identity, as discussed above
  5. We Review All Content. Any and all Content which is submitted for uploading by a Performer is reviewed by us prior to it being publicly viewable on our website. This is done to ensure the Content is not illegal and does not otherwise violate the Standards. If our review indicates any Content is illegal or violates the Standards, then we will block the Content from being uploaded onto our website.
  6. Consents To Be Obtained By Performer. In order for a Performer to upload any Content onto our website, the Performer must obtain and keep on record written consent from all persons depicted in the 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 onto our website; and
    3. If the Content will be made available for downloading by users, consent to have the Content downloaded; and
    4. Consent for the uploading Performer to receive all payouts for the Content

In addition, in order for a Performer to upload any Content onto our website, the Performer must verify the identity and age of all persons depicted in the Content to ensure that all persons depicted are adults and to be able to provide supporting documents upon request

Content Must Not Be Illegal or Violate the Standards. Any Content which a Performer submits for uploading onto our website shall not be illegal in any way and shall not in any way violate the Standards. See Section G below regarding illegal Content. During our review of any submitted Content, if we determine the Content is illegal or violates the Standards, then we will block the Content from being uploaded onto our website

Consents By You. With respect to any Content you upload onto our website or which another approved Performer uploads onto our website which depicts you, by agreeing to the terms of this Agreement and becoming an approved Performer on our website, you are hereby agreeing that you:

  1. Consent to be depicted in the Content
  2. Consent to allow for the public distribution of the Content and to upload the Content onto our website; and
  3. If the Content will be made available for downloading by other users, consent to have the Content downloaded.

Your Right to Appeal. If you are depicted in any Content (which would include Content you have uploaded or Content which another Performer whose account you are on has uploaded), at any time, you have the ability to appeal to us to remove the Content from our website. As a practical matter, our general policy is and the actions we have always taken to date have been to immediately remove any Content which you ask us to remove. If in a rare circumstance this does not occur, then our policy is that once triggered, we will, through a reasonable process, confirm that the appropriate consent was obtained and otherwise review the Content to see if it is illegal or otherwise fails to satisfy the Standards. If the required consent and other necessary compliance cannot be established, or if the person depicted in the Content can demonstrate that the consent is void under applicable law, we will remove the Content with immediate effect. If we disagree that no required consent was obtained (or that the consent is void under applicable law), and we find the Content to not be illegal and the Content is compliant with the Standards, then we will allow such disagreement to be resolved by a neutral body, at our expense

Complaint Process. Additionally, we have a complaint process, which allows you or anyone to report to us any Content on our website that may be illegal or that otherwise violates the Standards. We will review and resolve all reported complaints within seven (7) business days. In the event our review yields evidence of inadequate consent, illegal Content, or Content which violates the Standards, we will remove the Content immediately.

E. DATA WE COLLECT ABOUT YOU

Data we collect about you includes images, videos, tags, video streams, and metadata.

Metadata is text added by you, other users, or Platform analysis, that describes you or content you created. Examples of that metadata include titles and descriptions of profiles, shows, images, and videos, and expressions of user sentiment, such as emoji heart eyes and eggplant. It also includes derived data, like image size and width, video or stream quality, or video length

We analyse this data to determine how to make it easier for users to find performers, such as to determine the optimal order in which to present performers and to find performers similar to a given performer, and we use characteristics we can derive to make the site more useful and successful.

This data may additionally be used to analyse how to advise performers in ways to improve their content, pricing, performance, scheduling, etc

Finally, we use this data to help ensure our terms of service are followed, and that your content is distributed in a reasonable way that is in compliance with law

The usage and analysis described above may be shared across our related sites, as well as affiliated reseller sites

F. BIOMETRIC INFORMATION

We collect, capture, or otherwise obtain your biometric data for the purpose of confirming your identity and age. In addition, we may provide your biometric data to any of our vendors who perform identity and age verification for us. We permanently destroy your biometric data when the initial purpose for collecting or obtaining such identifiers or information has been satisfied, or within three years of your last interaction with us, whichever occurs first.

G. MACHINE LEARNING

We may use your images and videos for Artificial Intelligence, including Machine Learning, both to train and to detect (including but not limited to) nudity, guns, animals, if a room is empty, etc. Some of these uses are to comply with applicable law, and some are for business use.

H. OUR CONTROL OF OUR PLATFORM

In providing real-time or live video streaming services, we operate on a platform that we are able to fully control and that allows for real-time monitoring and the removal of video streams. If we determine that any video stream is illegal or otherwise violates the Standards, then we will block and remove the video stream.

I. YOUR USE OF OUR PLATFORMS

Subject to the terms and conditions of this Agreement, we agree to provide you access to and use of our proprietary web interface to be utilized in giving web cam performances or uploading Content on our computer Platforms (referred to throughout this Agreement as our "Platforms"). Performer understands and agrees that this web interface is and will remain our exclusive property, and that Performer shall not in any way distribute, copy, duplicate, reverse engineer, or otherwise improperly use our web interface or any other part of our Platforms.

Subject to the terms and conditions of this Agreement, you may use our Platforms to generate revenues from your live performances and Content. You will have the right to set up and negotiate pricing with users at your discretion, provided that you comply with the minimum price as determined by us. You have the right to negotiate with us your percentage split of revenues from live performances. We will review any such efforts by you in good faith based on business circumstances. The method used by us to pay you may include via check, wire (where available), or other payment method offered by us based on the information and documents provided to us by you and based on payment methods available to us where you live. With respect to any payment made to you by us using a third-party payment service, once we have forwarded the payment to the third-party payment service, then we will be deemed to have satisfied all our obligations to make such payment to you

If a Performer uploads Content onto our website and the Content depicts more than one Performer, then we will only make payment to the Performer who uploaded the Content. We have no payment obligation to any Performer who did not upload the Content

J. CONDITIONS FOR USE OF OUR PLATFORMS

  1. No Minors. See Section A
  2. No Prostitution or Sex Trafficking. See Section B
  3. No Illegal Conduct, Content, or Violation of Obscenity or Minor Laws. In engaging in a live performance on our website or uploading any Content onto our website, you shall not engage in any illegal conduct or upload any illegal Content. This includes but is not limited to you shall not violate any local community standard of “obscenity.” This also includes but is not limited to you shall not depict or describe while giving a performance any act of a sexual nature involving any minor, bestiality, necrophilia, coprophilia, urine, feces, vomit, blood, or others. Additionally, as emphasized above in Section A, during any performance related to this Agreement, Performer shall not depict or describe in any way any activity of any kind involving any person under 18 years of age. This includes but is not limited to Performer shall not engage in any roleplaying or other actions in which any Performer or any user in any way poses as or depicts a person under 18 years of age.
  4. No “Below the Waist” Nudity in Free Areas. In order to prevent a minor's exposure to below the waist nudity and adult material, no below the waist nudity is allowed in "free areas." In order to meet our age verification standards, sexually explicit depictions are only made available to paying users. Any performance or Content that is available to anyone other than paid users must not contain any below the waist nudity.
  5. No Promotion of Other Sites. Promotion of any non-Live-lola.com related website by you to any user of our website is strictly prohibited. This includes but is not limited to by chat, by text, or by any other means. See further discussion in Section J
  6. Not Under Influence of Alcohol or Drugs. While giving any live performance, being depicted in any Content, or taking any other action related to this Agreement, Performer shall not be under the influence of alcohol or any illegal drug or controlled substance
  7. No Animals or Firearms. With regard to what a user can see on our website, Performer is prohibited from having any animal, firearm, or gun of any type appear during any performance or in any Content
  8. No Fraudulent Activity. While giving any performance or taking any other action related to this Agreement, Performer shall not engage in any type of fraudulent activity. Fraudulent activity refers to any activity that violates any law, that results in complaints or chargebacks, or that is deemed inappropriate by us.
  9. Image Approval. As discussed above, images submitted to us for Performer's Bio Page must be approved by us. Images graphic in nature or containing "below the waist nudity" will not be approved. Live-lola.com reserves the right to approve or reject any image submitted
  10. Performer Accounts. Your account with us may only include performers who have properly gone through the application process with us by providing the required age verification information and documentation (as discussed above), and who have been approved by us to appear on your account. Other than Performers approved by us to be on your account, you shall not have any other person appear in any of your performances. If you violate these requirements, your account will be closed permanently. If you are no longer using your account, your account must be closed. Inactive accounts will be closed by us after a specific amount of time and cannot be recovered.
  11. Providing Content. In the event Performer makes any representation or commitment to any user regarding the amount of Content which Performer will be uploading in the future, then Performer is solely responsible for satisfying any such representation or commitment and for any loss or damage caused by any breach of any such representation or commitment. We shall have no responsibility or liability for any breach by Performer of any such representation or commitment.

K. OWNERSHIP OF CONTENT

  1. Ownership Rights (Non-California Performers). In the event Performer uploads or transmits any Content onto or through our Platforms (referred to herein as "Uploaded Content"), Performer hereby assigns to Live-lola.com all rights, title and interests in all such Uploaded Content. We shall then own all such Uploaded Content, and we will have the sole discretion to use any such Uploaded Content in any way it so chooses, including but not limited to in any medium and in any promotion, distribution, advertising, sales, or marketing efforts, both during and after the term of this Agreement. Performer covenants and agrees that, with respect to any Uploaded Content as defined herein, Performer will not directly or indirectly bring any action or claim against Live-lola.com or our Related Entities relating in any way to copyright infringement, trademark infringement, service mark infringement, or any other type of intellectual property rights violations Any reference in this Agreement to Live-lola.com's or our "Related Entities" shall include reference to Live-lola.com's subsidiary companies, parent company, related companies, affiliated companies or persons, officers, directors, shareholders, employees, agents, affiliates, other representatives, successors, and assigns.
  2. Ownership Rights (California Performers). Notwithstanding Section H.1 above, any Performer that resides or operates in California ("California Performers") shall retain all rights, title, and interest in all Uploaded Content transmitted through or uploaded to our Platforms by Performer, except as limited below. California Performers shall own all such Uploaded Content. Provided, however, California Performers grant to Live-lola.com and our Related Entities a nonexclusive, perpetual, irrevocable, fully paid, royalty-free, universal and unconditional right to use any such Uploaded Content in any way it so chooses, and to maintain such Uploaded Content as required by federal or state law, including but not limited to maintenance of records as required under Section 2257
  3. Additional Rights. Performer grants to Live-lola.com and our Related Entities the perpetual, irrevocable, fully paid, royalty-free, universal, and unconditional right to use, portray, publish, copy, distribute, and display Performer's identity, name, fictional names (if any), voice, signature, photograph, words, images, personality or other likeness, in whole or in part, for advertising, distribution, marketing, promotion, publicity, and sales purposes. Provided, however, we will not disclose to third-parties the legal identity of Performer without Performer's consent
  4. Warranties about Content. Performer agrees and warrants that any Uploaded Content that Performer transmits through or uploads onto our Platforms will: (1) not cause any damage to our Platforms; (2) not be illegal or violate any applicable law, rule, regulation, or public policy; or (3) not violate the Standards, the Conditions for Use of Our Platforms stated in Section G, or any other term or condition stated in this Agreement.

In order to use our Platforms, Performer must satisfy the following conditions listed below in this Section. Failure to satisfy any of these conditions will or may result in our termination of this Agreement; the suspension or permanent closure of your account with us; and the withholding of funds by us

L. YOUR SEPARATE BUSINESS

At all times while using our Platforms, Performer shall have your own business license, pay your own taxes, and take all other actions necessary and required to operate as your own separate and distinct business. Performer represents and warrants that Performer will obtain and keep current all business licenses as required by federal, state and local laws relating to you generating revenue under the terms of this Agreement. Performer is also responsible for obtaining and maintaining any and all registrations, certificates, and other requirements necessary under applicable laws for you to operate as your own separate and distinct business. You must pay all taxes required to be paid by you to any country, state or local government. Further, Performer is responsible for maintaining Performer's own health care insurance coverage, workers' compensation coverage, and any other type of insurance coverage for you and any of your employees.

Performer also warrants and represents to us the following: (i) you will provide and pay for your own place to conduct your business and engage in live performances, and you agree we will not be providing for or paying for such place; and (ii) you will use your own equipment or tools in conducting your business. The parties agree we will not specify the hours or times when you will provide performances, and you are free to choose your own such hours and times.

Performer shall not be deemed or treated as an employee of Live-lola.com for any purpose. Nothing contained in this Agreement shall be deemed or construed by the parties to create the relationship of employer and employee, principal and agent, co-venturers, partners, or any other type of business association, other than as independently contracting parties. We will not pay or make any payments on behalf of or for the benefit of Performer related to (and no part of Performer's revenues will be subject to any withholding by us related to) Social Security, Medicare, FICA, VAT taxes, federal or country taxes, state taxes, local taxes, workers' compensation, unemployment premiums or insurance, or any other payments. Performer shall have no claim against us for any wages, vacation pay, sick leave, Social Security, workers compensation, unemployment benefits, or any other benefits of any kind. Performer will not be eligible to receive from us any retirement benefits, 401(k) benefits, profit sharing, bonuses, or any other types of benefits to be paid or owed by us.

As long as Performer satisfies the conditions stated herein for the use of our Platforms, you shall be free to exercise your own judgment, discretion, and creativity as to the means, manner, and details of giving performances while using our Platforms. We do not have any control over or the right to control the means, manner or details regarding any of your performances, as long as you satisfy the conditions stated herein regarding your performances.

M. OTHER WEBSITES

Performer has the right to work with other websites during the term of this Agreement and is not obligated to devote full-time efforts in generating revenues using our website. However, while in any way using our Platforms, Performer shall not engage in any promotion of any non-Live-lola.com website. Performer is allowed to own and operate a personal website; however, Performer shall not solicit Live-lola.com users or other Live-lola.com Performers through use of a personal website. Performer shall not at any time give or release to any person or entity any email address, web page address, or other contact information of any Live-lola.com user or other Performer without the prior written approval of us in each instance.

N. TERM OF THIS AGREEMENT

This Agreement shall commence upon: (1.) Your proper submission of this signed Agreement and all required information and documentation; and (2) Our review and approval of your submission. This Agreement shall remain enforceable until terminated by one of the parties. Performer will have the right to terminate this Agreement by providing written notice to us. We may terminate this Agreement and may cancel Performer's account in our complete sole discretion for any reason whatsoever, including but not limited to: (1) Performer's breach of or non- compliance with any term or condition of this Agreement; (2) Performer's acts or omissions constituting dishonesty, fraud, misrepresentation, theft, or breach of confidentiality; (3) Performer's acts or omissions that impair our or any of our Related Entities' business, goodwill, or reputation; or (4) Performer's conviction of, or plea of no contest to, a crime constituting a felony or gross misdemeanor under local, state or federal law or involving fraud, dishonesty, or moral turpitude.

In the case of termination of this Agreement, the parties agree to remit any monies owed to the other within a reasonable period of time, and Performer agrees to cease engaging in access to or any activity in any way involving our Platforms or our website

PERFORMER UNDERSTANDS AND AGREES WE MAY SET OFF AGAINST ANY MONIES OWED TO PERFORMER ANY LIABILITY, DAMAGES, COSTS OR EXPENSES INCURRED BY US ARISING FROM OR RELATING TO PERFORMER'S BREACH OF OR FAILURE TO PERFORM ANY TERM OR CONDITION OF THIS AGREEMENT.

Upon termination of your account, you will no longer be able to access your Content from our website. Also, your bio page will be removed, your Content will no longer appear in activity feeds, and your Content will no longer be available for purchase on our website. However, upon termination of your account, Content that has been purchased by a member and exists in a member’s Content library will still appear in the member’s Content library.

O. CONFIDENTIALITY AND NON-DISCLOSURE

Performer agrees the terms of this Agreement and any information related to our or our Related Entities' Platforms or business (including but not limited to trade secrets, strategies, business plans, marketing plans, software, and any other type of proprietary information) is confidential and proprietary in nature. Performer shall not directly or indirectly disclose or grant access to any such terms or information to any third parties without our prior written permission in each instance.

P. DISCLAIMERS; LIMITATION OF LIABILITY AND REMEDIES

WE PROVIDE ACCESS TO AND USE OF OUR WEBSITE, PLATFORMS, WEB INTERFACE, AND ANY TECHNOLOGY RELATED THERETO (AND ANY INSTRUCTIONS OR ACCESS TO THE SAME) ON AN "AS-IS" BASIS, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS, OR THE RESULTS OBTAINED FROM SUCH ACCESS OR USE. LIVE-LOLA.COM DISCLAIMS AND MAKES NO WARRANTY OR INDEMNITY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO PERFORMER OR ANY THIRD PARTY FOR ANY UNFORESEEABLE OR UNINTENTIONAL TORTS OR BREACHES OF THIS AGREEMENT ARISING OUT OF OUR PERFORMANCE OF THIS AGREEMENT.

ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL LIVE-LOLA.COM BE LIABLE TO PERFORMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, LOST PROFITS, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PARTIES AGREE THAT LIVE-LOLA.COM'S AGGREGATE LIABILITY TO PERFORMER IN ANY WAY RELATED TO THIS AGREEMENT OR THE SUBJECT MATTERS INVOLVED HEREIN (REGARDLESS OF WHETHER SUCH LIABILITY MAY ARISE OR BE BASED ON A CONTRACT THEORY OR CAUSE OF ACTION, A TORT THEORY OR CAUSE OF ACTION, OR ANY OTHER TYPE OF LEGAL THEORY OR CAUSE OF ACTION) SHALL NOT EXCEED ANY MONIES PAID BY OR OWED BY US TO PERFORMER UNDER THE TERMS OF THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMER HEREBY RELEASES LIVE-LOLA.COM AND OUR RELATED ENTITIES FROM ANY LIABILITY WHATSOEVER, AND HEREBY WAIVES ANY AND ALL CLAIMS OR CAUSES OF ACTION OF ANY TYPE AGAINST LIVE-LOLA.COM OR ANY OF OUR RELATED ENTITIES FOR ANY LIABILITY, CLAIM, COST, INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SUBJECT MATTERS OF THIS AGREEMENT OR PERFORMER'S RELATIONSHIP WITH LIVE-LOLA.COM. THESE INCLUDE BUT ARE NOT LIMITED TO ANY CLAIM, COST, INJURY, LOSS, OR DAMAGE RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, OR DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY

We reserve the right to seek all remedies available at law or in equity for any damage to us or our Related Entities or to our Platforms caused by any action or breach of this Agreement by Performer, including but not limited to misrepresentations by Performer regarding age, eligibility, or availability. Also, we reserve the right to block Performer's access to our website, including but not limited to from one or more specific internet addresses.

Q. INDEMNIFICATION

PERFORMER AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND LIVE-LOLA.COM AND OUR RELATED ENTITIES FROM AND AGAINST ANY CLAIMS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER BROUGHT BY ANY OTHER ENTITY DIRECTLY OR INDIRECTLY IN ANY LAWSUIT OR OTHER LEGAL OR ADMINISTRATIVE PROCEEDING OR ACTION (INCLUDING ANY CIVIL, CRIMINAL, OR OTHER PROCEEDING OR ACTION) THAT MAY IN ANY WAY ARISE OUT OF OR BE RELATED TO PERFORMER'S BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, TO PERFORMER'S PERFORMANCE OF THIS AGREEMENT, OR TO PERFORMER'S OTHER ACTIONS IN ANY WAY RELATING TO ANY SUBJECT MATTER OF THIS AGREEMENT

R. GENERAL TERMS

  1. Entire Understanding. The language of this Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matters of this Agreement and supersedes all other agreements (whether written or oral), discussions, emails, and any other communications of any type between the parties concerning the subject matters of this Agreement.
  2. Governing Law; Venue; No Jury Trial. This Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of Washington, USA, without giving effect to Washington's principles of conflicts of law. Any legal action or proceeding with respect to this Agreement or any issues related to this Agreement shall be brought in and venue shall lie in the King County Superior Court for the State of Washington or the United States District Court for the Western District of Washington at Seattle, 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 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 THE PARTIES TO THIS AGREEMENT AGREE THAT EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL. Thus, in the event any lawsuit is ever filed by any party relating to this Agreement or the subject matters of this Agreement, the court will be the trier of fact in any such lawsuit and there will be no jury in any such lawsuit.
  3. Successors; Assignability. This Agreement shall be binding and inure to the benefit of the parties, and their respective successors, heirs and permitted assigns. The rights and obligations of Live-lola.com set forth in this Agreement are fully assignable and transferable by Live-lola.com to any corporation, partnership, company, person, or other entity. Performer may not, under any circumstances, transfer or assign any of Performer's rights and obligations under this Agreement without our express written consent.
  4. Severability. Each provision of this Agreement is intended by the parties to be enforced to the fullest extent allowed by law. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of law, such provision shall be enforced to the maximum extent permitted by law, keeping in mind the intents and purposes of this Agreement, and the remaining provisions shall remain in full force and effect and be binding upon the parties, keeping in mind the intents and purposes of this Agreement.
  5. No Waiver. Any inaction by us following a breach of this Agreement by Performer or any other conduct by us in failing to exercise remedies available to us or take other action under this Agreement shall not to any extent be deemed a waiver of our rights or remedies and shall not in any way impact our rights to take any action or pursue any remedy at any time in the future
  6. Not Construed Against Drafter. This Agreement shall be construed without any presumption or rule requiring that it be construed against the party which drafted this Agreement
  7. Prevailing Language. This Agreement shall be prepared and executed in English. Any translation of this Agreement into a language other than English is for informational and convenience purposes only. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
  8. Informed Consent. You acknowledge and agree that you have read, understand, and approve of each term and condition of this Agreement, and that you have had an opportunity to consult with legal counsel and with such other experts or advisors as necessary in connection with this Agreement. Based on this, you agree you voluntarily enter into this Agreement for valid consideration and without any improper inducement, while knowing that this Agreement is binding after: (i) your proper submission of this signed Agreement and all required information and documentation; and (ii) our review and approval of your submission. You agree and acknowledge this Agreement is binding without any counter-signature of this Agreement by us.

S. AMENDMENTS OF THIS AGREEMENT

It is periodically necessary for us to amend the terms and language of this agreement for a variety of reasons, including but not limited to changes in laws and regulations and changes in technologies. By entering into this Agreement, you agree and fully understand the terms and language of this Agreement may be amended or modified by us at any time in our sole discretion without us providing direct notice to you. Any such amendment or modification will occur by us placing the amended or modified version of this Agreement on https://Live- lola.comhelp.com/performerstudio-agreement. You should periodically review https://Live- lola.comhelp.com/performerstudio-agreement. to see if we have amended or modified this Agreement in any way. The last date this Agreement has been amended or modified is prominently stated below. At times, we may provide direct notice to you of changes to the terms and language of this Agreement, and it will be necessary for you to give your consent to such changes, prior to the time you are given access to our Platforms.

By providing your electronic signature below and all the required information and documents, Performer hereby confirms that you agree to each and every term and condition of this Agreement, that you have carefully read and understand each and every term and condition of this Agreement, and that you knowingly and voluntarily choose to enter into this Agreement.