HOST-GUEST AGREEMENT

  1. This Host-Guest Agreement ("Agreement") constitutes a legally binding agreement between each host ("Host") who uses the certain Agency and Facilitation Services provided by the operator of this Site (the 'Operator') via CumBuddies.com (the "Site"), and each guest ("Guest") who chooses to receive information/content ("Services") from such Host via chat in any Host-Guest Chat Session ("HGCS"). By entering into or participating in any HGCS, or obtaining any other Services through the Site, you expressly agree to be bound by all of the terms of this Agreement.
  2. Role of Operator

    It is clarified that, other than as stated in Section 4 below, including in connection with selling credit to Guests which may be used to purchase Services from Hosts ("CumBuddies.com Credit"), the Operator acts solely as the agent of, and service provider to, any and all Hosts who are or may be registered on the Site as Hosts during the applicable period ("Community of Hosts"), and shall not be or be deemed to be contracting on its own behalf with any Guest.
  3. Amendment

    The Operator, in its capacity as agent of the Community of Hosts, shall be entitled to amend this Agreement at any time by amending it on the Site. By entering into the Site or using the Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement as it appears on the Site.
  4. CumBuddies.com Credit

    1. CumBuddies.com Credit is made available by the Operator for purchase by Guests in order to purchase Services from Hosts. The price of CumBuddies.com Credit is displayed to the Guest upon purchase thereof. In addition to CumBuddies.com Credit, Guests may at the sole discretion of the Operator receive certain credits which can only be redeemed to obtain Host Services during "Happy Hour Video Chat" (as provided on the Site) ("CumBuddies.com Happy Hour Credit").
    2. Where charges for Services provided to Guests by Hosts are expressed in this Agreement and/or on the Site in terms of CumBuddies.com Credits, the Host is deemed to charge the Guest US $1 for each CumBuddies.com Credit or CumBuddies.com Happy Hour Credit redeemed by such Guest in paying for such Services, however the Guest is permitted to pay such amount solely by way of redemption of the equivalent amount of CumBuddies.com Credit purchased or CumBuddies.com Happy Hour Credit received from the Operator.
    3. CumBuddies.com Credit may be purchased by Guests solely from the Operator through the payment methods offered from time to time on the Site. Payments by Guests to Hosts may be made solely by way of redemption of CumBuddies.com Credit or CumBuddies.com Happy Hour Credit through the mechanisms provided on the Site.
  5. Host Charges

    In any HGCS in the Live Video Chat zone:
    1. Host may initially charge Guest 0.98 CumBuddies.com Credits (only in such Host's first 90 minutes ever of HGCS for which a Guest is charged CumBuddies.com Credit).
    2. After the first 90 minutes, prices may vary from 1.98 CumBuddies.com Credits to 4.80 CumBuddies.com Credits per minute, in accordance with the Host's discretion, subject to the rating Host is given, as follows:
      Time Rating Charge per Minute
      Up to 90 minutes Any 0.98 CumBuddies.com Credits
      Over 90 minutes 0 - 1.9 stars 1.98 CumBuddies.com Credits
      2 - 3 stars 2.80 CumBuddies.com Credits
      3.1 - 4 stars 3.80 CumBuddies.com Credits
      4.1 - 5 stars 4.80 CumBuddies.com Credits
    3. The higher a Host's rating is, the more such Host can charge Guest also for videos and other materials relating to such Host. The rating of a Host (i.e. number of stars) is visible on such Host's profile. The Operator may decide upon the rating system and calculation methods in its sole discretion.
    4. Celebrity Porn Star Hosts may charge any Guest between 5.90 - 14.90 CumBuddies.com Credits per minute, in their sole discretion. The rating system does not apply to Celebrity Porn Star Hosts.
    5. Happy Hour Video Chat Hosts charge Guests 1.48 CumBuddies.com Credit per minute.
    6. Host shall not be required to charge Guest the highest per-minute-charge.
    7. The rate displayed as of commencement of the HGCS shall remain applicable throughout the HGCS, even when a system event changes such rate, unless Host has given Guest a discount in accordance with Section 6.8 below. New rates are relevant only to new chats initiated after the rate change.
    8. Discounts
      1. After a Host's first 90 minutes of HGCS, such Host may encourage Guests to chat longer and to come back to such Host's HGCS by providing them with special discounts. These discounts are made at Host's sole discretion. Discounts are either 0.30 or 0.60 CumBuddies.com Credit per HGCS minute.
      2. Celebrity Porn Star Hosts may start giving discounts as of their first HGCS. Discounts are 1 CumBuddies.com Credit per HGCS minute, not including Hosts that charge 5.90 CumBuddies.com Credits per minute, who cannot give discounts.
      3. Discounts may be decided upon before the HGCS starts (by Host providing to the chosen Guests such Host's discount code), or during the HGCS by marking the chosen Guest while chatting. Discounts are retroactive and will apply from the beginning of the HGCS in which such Host chooses to give the discount, and not before. There are no double discounts (i.e. if any Guest has received any kind of discount, such Guest is not entitled to any other discount with respect to such HGCS).
    9. Text chats are free of charge (text chat is not relevant for Celebrity Porn Star Hosts).
  6. Taxes

    All Host Charges set out in Sections 5 and 6 above are inclusive of any indirect taxes that may be chargeable (including value added taxes and goods and services taxes) in accordance with applicable law. Hosts are solely responsible and liable for any taxes chargeable as a result of provision of Services by such Host.
  7. Information/Content

    1. Host and Guest both declare and represent that he/she is at least 18 years of age and of legal age in such person's jurisdiction (21 years where required under applicable law).
    2. Guests and Hosts are entirely responsible and legally liable for all information/content provided by such Guest or Host in any HGCS. Without derogating from the above:
      1. Guest and Host undertake that all information/content provided by such Guest or Host in any HGCS shall satisfy the local laws and regulations applicable to such Guest or Host, including laws and regulations of the EU and the United States.
      2. Guest and Host represent that each possesses all necessary intellectual property rights, interests, and licenses in connection with any information/content transmitted in any HGCS.
      3. Guest and Host undertake to ensure that all participants in any HGCS will be at least 18 years of age (21 years in jurisdictions in which age of majority is 21) and of legal age in the jurisdiction of residence.
      4. Guest and Host undertake not to cause or permit the image of any other person (excepting other persons who are registered as Hosts or Guests) to be transmitted in any HGCS.
    3. Without derogating from any other provision of this Agreement, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden in any HGCS: bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations (actual or depicted), incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, defamatory, abusive, obscene, threatening, racially offensive, or illegal material, and any conduct which may be judged "obscene" by the standards of any Guest's or Host's community. Guest and Host undertake to consult a local attorney at law in order to get advice on where Guest's or Host's community draws the line on obscenity.
    4. Guest and Host undertake to report IMMEDIATELY to the Operator's Customer Service Department regarding any case of the transmission of any forbidden content mentioned above in an HGCS or any other forbidden activity, including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.
  8. Miscellaneous

    1. To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
    2. Headings of sections in this Agreement are included for convenience only and shall not be used to interpret the Agreement.
    3. This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra.
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