CameraPrive.com
Terms of Use
Last Updated: October 01, 2022
ONCAM LTDA., a limited liability company headquartered at Rua Apeninos nº 485, conjunto 121, in the City of São Paulo, State of São Paulo, CEP 01533-000, enrolled with the CNPJ/ME under No. 47.864.792/0001-06 (“OnCam”), e TRANSACIONA LTDA., a limited liability company headquartered at Rua Apeninos nº 485, conjunto 123, in the City of São Paulo, State of São Paulo, CEP 01533-000, enrolled with the CNPJ/ME under No. 47.864.922/0001-00 (“Transaciona”), establish in these Terms of Use the conditions for the use of the Website cameraprive.com (“Terms of Use”), especially with regard to: (i) use of the virtual platform provided and maintained by OnCam, available at “cameraprive.com”, which allows the viewing of live presentations and access to publications of photos, videos, audios and texts, made by CameraPrive Contracting Parties, who use the platform to market such Content and participate in interactive chats with the Users of the Website (“User”); (ii) use of the Virtual Wallet and payment tools provided by Transaciona, which allows the User to store and transfer amounts in national currency, within the scope of the Website, through credit card, bank slip and other means, for payment of the Content purchased from CameraPrive Contracting Parties and a monthly subscription of FanClub through credit card.
1. DEFINITIONS
1.1. The following terms, when used in these Terms of Use, shall have the following meaning:
1.1.1. “Virtual Wallet” means the national currency storage and transfer software provided and maintained by Transaciona, available on the Website, through which the User obtains access to certain Content, functionalities, and services within the framework of the platform;
1.1.2. “Content” means, together with live interactive presentations and publications of photos, videos, audios, and texts made available by CameraPrive Contracting Parties and intended for adults only;
1.1.3. “Paid Chat” means the Group Chat, Private Chat, Exclusive Chat, Voyeur Chat, PriveCall Chat, or PriveToy Chat features;
1.1.4. “Premium Content” means the Premium Story, Premium Photo, or Premium Video features;
1.1.5. “Contracting Parties” means artists over 18 (eighteen) years of age who have contracted: (i) the services offered by OnCam Ltda., consisting of the provision of virtual space on the Website, with the purpose of marketing their Content to the Users of the platform; (ii) the payment intermediation services offered by Transaciona, which allow the use of the Virtual Wallet within the platform;
1.1.6. “User Contributions” means messages, photos, videos, audio, or other materials posted, sent, published, displayed or transmitted during interactions with other CameraPrive Users and/or Contracting Parties;
1.1.7. “IP Address” means the code assigned to a terminal of a network to allow the identification of the User, defined according to international parameters;
1.1.8. “FanClub” means the monthly billing functionality for unlimited access to the CameraPrive Contracting Party's Premium Content for a period of one (1) month;
1.1.9. “Confidential Information” means any information that: (i) is marked as “Confidential” or that is reasonably considered confidential, including the terms and conditions of these Terms of Use, as well as all information of CameraPrive Contracting Parties and Users; (ii) the mode of operation of the Website, the type of OnCam platform and any and all information about the business model of OnCam and Transaciona. Notwithstanding, “Confidential Information” shall not be considered information that: (i) is known to the general public at the time of disclosure; (ii) is known to OnCam, Transaciona and/or the User prior to acceptance of these Terms of Use by the User; (iii) is known to OnCam, Transaciona and/or the User, through disclosure by sources other than OnCam, Transaciona and/or the User, such source having the right to disclose such information and is not bound by a confidentiality agreement; or (iv) is independently developed by OnCam, Transaciona and/or the User;
1.1.10. “Internet” means the system consisting of a set of logical protocols, structured on a global scale for public and unrestricted use, in order to enable the communication of data between terminals through different networks;
1.1.11. “OnCam” means OnCam Ltda., qualified in the preamble, which is the company responsible for the creation, development, and maintenance of the Website, the platform that enables Users to access the content created and marketed by CameraPrive Contracting Parties;
1.1.12. “Website” means the virtual platform available at the electronic address “cameraprive.com”, owned by OnCam Ltda., through which the User may access the Content. This platform can also operate at other electronic addresses. Such electronic addresses are also included in this definition of Website;
1.1.13. “Transaciona” means Transaciona Ltda., qualified in the preamble, a company specialized in financial services and means of payment, which is responsible for providing the Virtual Wallet and the payment tools available on the Website;
1.1.14. “User” means the user of the platform using the Website to interact with CameraPrive Contracting Parties and to acquire access to the Content;
1.2. The headings of the sections are for reference only and do not affect the interpretation of these Terms of Use.
1.3. Unless otherwise provided in these Terms of Use, words in the singular include the plural and vice versa; words in the masculine include the feminine, the neuter gender, and vice versa.
1.4. By using the Website and accepting the terms and conditions of these Terms of Use, the User agrees that OnCam and Transaciona may modify these Terms of Use at any time by updating the Website. The update date will be displayed in the header of these Terms of Use.
1.5. The changes will take effect on the date of the update, indicated at the top of the page. Changes will have no retroactive effect and OnCam and Transaciona will notify the User of changes to the Terms of Use whenever commercially reasonable. However, the User should check the Website frequently to ensure that they are aware of the most current version of these Terms of Use. Upon posting of the changes, the User's use of the Website will mean that the User has accepted the changes If the User does not agree with the changes, the User shall not use or access this Website.
1.6. In case of questions about these Terms of Use or any questions or comments about the Website, the User must send an email to support@cameraprive.com.
2. OBJECT OF THESE TERMS OF USE
2.1. The object of these Terms of Use is to define the terms and conditions for the use, by the User, of:
2.1.1. the services offered by OnCam, relating to the provision and maintenance of the CameraPrive Website (available on cameraprive.com), which will enable you to acquire access to the Content published by CameraPrive Contracting Parties, who use the platform to share such Content with the User;
2.1.2. the services offered by Transaciona, a company that specializes in means of payment, offers the Virtual Wallet available on the Website through which the User has access to certain Content, functionalities, and services within the platform.
2.2. Contracting Parties, through the Website, make the Content available. By accessing the Website, the User will be able to see graphic representations, nudity, adult language, and descriptions of explicit sexual activity, including situations of a sexual nature involving heterosexuals, homosexuals, bisexuals, and transsexuals.
2.3. Access and registration of the User on the Website is free of charge. The User will only have to disburse funds if a User adds funds to their Virtual Wallet to acquire access to the Content offered by CameraPrive Contracting Parties and/or to interact in the virtual rooms of CameraPrive Contracting Parties.
2.4. These terms apply to all Users of the Website, whether a “visitor” or a “registered user”. By accessing any part of the Website, the User irrevocably and irreversibly agrees to these Terms of Use. If the User does not agree to these Terms of Use, they must not use the Website or add funds to their Virtual Wallet. In case of violation of any of the provisions of these Terms of Use, OnCam and/or Transaciona may prevent the User from using the Website and/or adding funds to their Virtual Wallet, blocking their access and canceling their account.
2.5. OnCam and Transaciona are not responsible for any Content posted and do not monitor Website Content. If it is found or reported that the User has posted something deemed inappropriate under these Terms of Use, the User may have their access to the Website blocked. If the User discloses Content that belongs to other people and if they feel uncomfortable (by filing a lawsuit), the User may have their access to the Website blocked. OnCam and Transaciona do not assume any responsibility for disclosure made by the User. The User is solely responsible for the Content they disclose.
2.6. OnCam and Transaciona do not produce the Website Content or provide services directly to the User. OnCam makes available for free the platform and virtual space through which CameraPrive Contracting Parties make their Content available to the User. The User is aware and agrees that by acquiring access to Content, whether free or paid, they are acquiring access to the Content directly from the CameraPrive Contracting Party.
3. ELIGIBILITY REQUIREMENTS AND USER ACCOUNT CREATION
3.1. The Website contains implicit and explicit sexual material and is unsuitable for minors. Only adults: (i) over 18 years of age; or (ii) who have reached the age of majority in the places where they live may access the Website. If the User does not meet these requirements, the User must not access the Website and must leave the Website immediately.
3.2. By accessing the Website, the User irrevocably and irreversibly declares that:
3.2.1. you are over 18 years of age or have reached the age of majority where they live, having the legal capacity to agree to these Terms of Use;
3.2.2. all information provided when creating an account and accessing the Website is accurate and will be updated, when necessary, to ensure that it remains accurate;
3.2.3. you have (or are permitted to use) a credit card to make payments and authorize the debiting of amounts on the credit card, for the purpose of choosing a FanClub recharge package and/or subscription;
3.2.4. you are aware of the nature of the Content available on the Website and are not offended by Content of this nature;
3.2.5. you are familiar with the laws of your country that affect your right to access adult-oriented materials;
3.2.6. you have the right to access adult-oriented materials;
3.2.7. you are voluntarily soliciting adult-oriented materials for your entertainment;
3.2.8. you will not share these materials with minors.
3.3. To access the Website, the User must create an account on the Website. To create an account, the User must complete the registration process on the Website by providing OnCam and Transaciona with accurate, complete, and truthful information, as requested in the registration form, accessible at the following electronic address: https://cameraprive.com/us/register. The User must also choose a password and a username (login).
3.4. The User is entirely responsible for maintaining the confidentiality of their password and login, not holding OnCam and Transaciona liable for improper access to the account by third parties. In addition, the User is entirely responsible for all activities that occur on their account. The User will immediately notify OnCam and Transaciona of any unauthorized use of their account or any other security breach of which they become aware.
3.5. OnCam and Transaciona will not be responsible for any loss that the User may incur due to another person having used their password or account, with or without the User's knowledge, and having changed the information contained therein, especially the financial information, or used the User's balance. The User may be held liable for any losses and damages incurred by OnCam and/or Transaciona due to third parties improperly accessing the User's account, through the fault of the User, who granted them access to the User's login and password.
4. INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
4.1. OnCam grants the User a free, temporary, non-exclusive, and non-transferable license to use the Website strictly in accordance with these Terms of Use. The User undertakes not to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Website, being authorized only to watch the Content provided and participate in chats.
4.1.1. The temporary license granted in the previous Section of these Terms of Use does not include authorization for resale or commercial use of the Website, or distribution, public performance or public display of the Website or its Content, or to make a change or make any derivative uses of the Website and its Content, or any part of the Website and its Content, unless OnCam specifically authorizes such derivative changes or uses through a formal agreement, use of data mining, “robots” or similar methods of data collection or extraction. Such license also does not include the possibility of downloading any part of the Website or Content except that permitted on the Website or any other use of the Website or Content other than the one for which the Content is proposed.
4.1.2. Said temporary license to access the Website does not transfer ownership or title to any right to obtain a copy of any Content that the User views or prints. OnCam only authorizes the use of the Website in accordance with these Terms of Use. Any use of the Website or the Content, except as authorized by these Terms of Use, will result in the termination of the license granted. Unauthorized use of the Website or Content by the User may also violate intellectual property laws and other laws. Except as noted herein, nothing in these Terms of Use shall be construed as granting any license to intellectual property rights, whether by implication, estoppel, or otherwise. OnCam may revoke this license at any time.
4.2. The Website (past, present and future versions), as well as its characteristics and functionality (including all information, software, platform, text, displays, images, video and audio, and its design, selection and arrangement), all pages found on the Website, all material and information of the Website, all graphics, texts, images, audios, videos, webinars, designs, compilations, copies of advertisements, articles, user interfaces, final arts, any computerized applications, any copyrighted materials (including source code and object code) and all other materials, including the design, structure, appearance and disposition of the Website Content, and the trade names, trademarks, service brands, logos, domain names, and other distinctive elements of trademarks, regardless of registration, contained on the Website are the sole and exclusive property of OnCam (or its affiliates or licensors, as the case may be) or Transaciona, as the case may be, being protected by copyright, trademark, patent, trade secret and other intellectual property laws promulgated in Brazil, the United States and the jurisdictions of residence or User access.
4.3. The trademark “CAMERAPRIVE” and the mixed trademark “CAMERA PRIVE” are registered trademarks of OnCam. The brand and logo shall not be copied, imitated, or used, in whole or in part, without OnCam's prior written permission. In addition, all page headers, custom graphics, icons, and scripts are service brands, and trademarks, and the corporate name is a trademark of OnCam and shall not be copied, imitated, or used, in whole or in part, without OnCam's prior written permission. The User shall not have the right to use these trademarks and the logo without the prior, express, and written permission of OnCam. All other names and logos on the Website, including those related to Transaciona, are trademarks and registered logos of their respective owners. Any other trademark and logo eventually used by OnCam is or will be protected by specific registrations and deposits, by intellectual property law enacted in Brazil, in the United States, and in the jurisdictions of residence or access of the User.
4.4. Other names and trademarks of companies, products, or services mentioned on the Website may be trademarks of their respective owners, and possible references to them do not suggest sponsorship, support, or association with OnCam and/or Transaciona, or that the owners support or have any affiliation with the Website. Nothing contained on the Website shall be construed as granting any license or right to use any marks displayed on the Website or any other “hidden text” using marks belonging to OnCam, Transaciona, and its licensors without the prior written permission of OnCam, Transaciona or any third party who may own the brand.
5. PAID CONTENT OFFERED BY CAMERAPRIVE'S CONTRACTING PARTIES
5.1. The Website offers the User an environment for making transfers between Virtual Wallets, which will allow the User to interact and acquire Content directly from CameraPrive Contracting Parties. After the User adds funds to their Virtual Wallet, they may have access to such Content, including Paid Chat, and use of the funds available in their Virtual Wallet to reward CameraPrive Contracting Parties or give them gifts. The User may add funds to their Virtual Wallet only after creating an account.
5.1.1. Content made available for purchase on the Website can only be purchased by transactions that use the funds available in the Virtual Wallet (except for the FanClub subscription, which has its own billing method). For Paid Chats sessions, the express rate will be deducted per minute or equivalent as long as the User remains logged into the chat session.
5.1.2. To acquire access to any Premium Content modalities, the fee is charged only once for each Premium Content, and the User will have access for seven (7) calendar days. At the end of the period of seven (7) days, the User will no longer have access to the Premium Content, and it will be necessary to acquire a new access, as there is no automatic renewal. If CameraPrive Contracting Party terminates its contract with OnCam or removes part of the Premium Content purchased, the User will no longer have access to the Premium Content in question.
5.1.3. For sending a private message, the fee will be charged per message sent.
5.1.4. For gratuities or gifts given to CameraPrive Contracting Parties, the User may stipulate an integer value between one (1) and the total funds they have in their Virtual Wallet.
5.1.5. To acquire access to the Special Videos modalities, available on the profiles of CameraPrive Contracting Parties or photos and videos sent by direct message by CameraPrive Contracting Parties, the fee is charged only once for each video made available by CameraPrive Contracting Parties and the User will have access during the entire period in which such CameraPrive Contracting Parties keep their accounts active on the website.
5.1.6. The User declares to be aware that they may be charged for up to 40 seconds after disconnecting or leaving a paid chat session. The User's account must have a minimum value of 2.00 Credits (two Brazilian Reais) available to chat without limits in the free chat rooms and to participate in a paid chat session. The User further declares to be aware that, in the live chat rooms, the balances of the User's Virtual Wallet can be seen by the CameraPrive Contracting Parties and, therefore, they will know the balance of the User's Virtual Wallet available when the User enters the room.
5.1.7. The User declares to be aware that they will lose access to all Content purchased from the CameraPrive Contracting Party if the CameraPrive Contracting Party terminates the contract with OnCam and/or Transaciona. The User hereby exempts OnCam and Transaciona from the responsibility to reimburse them for the amount paid to the CameraPrive Contracting Party for such Content.
5.1.8. OnCam and/or Transaciona may impose limits on the amount that the User may add to their Virtual Wallet or use on the Website, as well as restrict the means of payment that the User may use to add amounts to their Virtual Wallet, at their sole discretion.
5.1.9. Transaciona may, at its sole discretion and at any time, without prior notice to the User, add or remove means of payment within the scope of the Virtual Wallet, as well as refuse the processing of a certain payment of the User, depending on the chosen means of payment, depending on its operational availability.
5.2. The Website also offers a monthly subscription called FanClub so that the User has unlimited access to the Premium Content of a CameraPrive Contracting Party for a determined period of 30 (thirty) calendar days from the date of FanClub subscription.
5.2.1. To subscribe to a FanClub, it will be necessary to fill out a specific form, which must contain the digits and security code of the credit card to be used for the signature for the purpose of identifying the holder and processing the charge. The User may subscribe to as many FanClubs as desired, paying monthly fees for each of the FanClubs, provided that this functionality is made available by the CameraPrive Contracting Party.
5.2.2. The amount corresponding to the FanClub subscription will be deducted directly from the credit card used, the balance of the existing Virtual Wallet cannot be used for the subscription. The FanClub subscription will renew automatically. There will be no renewal in the following cases: (i) deactivation of FanClub by the CameraPrive Contracting Party, in which case the Premium Content will still be available for a period of one (1) month for subscribers; (ii) cancellation of the automatic renewal at any time by the User; or (iii) refusal of the transaction by the bank issuing the credit card, in which case there will be automatic cancellation of the FanClub subscription.
5.2.3. The Website does not have any responsibility for the quantity or frequency of Content made available by the CameraPrive Contracting Party for viewing through a FanClub, and it is the User's total responsibility to consult the quantity of Content already existing to, only then, decide whether or not to subscribe to FanClub. The User declares to agree and be aware that there is no expectation of production of Content or predetermined frequency of Content to be produced, which may vary according to the availability of the CameraPrive Contracting Party.
5.2.4. Premium Content that has been published for more than one (1) hour, if removed by the CameraPrive Contracting Party, will remain available to the User for a period of 30 (thirty) days, unless the subscription expires within 30 (thirty) days. The provisions of this Section do not apply to Premium Stories, in view of its characteristic of having a term of 24 (twenty-four) hours of life and nothing more.
5.2.5. For the avoidance of doubt, the extension for a period of 30 days from the date of removal of Premium Content that has been published for a period exceeding one (1) hour is only applicable to monthly FanClub subscriptions. This Section does not apply to Premium Content purchased for seven (7) days and that may be removed.
5.3. Except for the monthly subscription of a FanClub, all other purchases made by the User are charged once and will not automatically recur. OnCam and/or Transaciona will not charge again unless the User makes another purchase.
5.4. CameraPrive Contracting Party may adjust the prices of their Content at any time, at their sole and exclusive discretion.
5.5. Transaciona will correct any errors evidenced in the User's Virtual Wallet, and the corresponding amounts will be added or credited to that User's account. If the User notices any errors in billing, they must immediately inform Transaciona. If a billing error occurs and a transaction is lost, Transaciona has up to thirty (30) days to locate said transaction and resolve the issue, including making funds available in the User's account or refunding the transaction.
5.6. The User waives any rights regarding any error in the system of OnCam and/or Transaciona, unless they notify OnCam and/or Transaciona of the error within three (3) months from the date on which the User receives the invoice on which the error occurred. The User exempts OnCam and Transaciona from any responsibility for any error that is not reported within three (3) months.
5.7. From time to time, the Website may make certain promotions available to its Users, which will in no way generate an expectation of new promotions. For the avoidance of doubt, the promotion, its eligibility, and duration are determined at the sole discretion of OnCam.
5.8. If a User deletes their account or their account is terminated by OnCam due to violating these Terms of Use, the User will lose any amounts accumulated in their Virtual Wallet and will not be entitled to reimbursement of amounts eventually disbursed. If the User receives amounts resulting from a promotion, OnCam may cancel them at any time.
6. USER'S CONDUCT
6.1. The User is solely responsible for all acts and omissions that may occur during the use of the Website by them. As a condition for access and permanence of access to the Website, the User must:
6.1.1. be in compliance with all laws and regulations of any governmental agency that apply to their access to the Website and its Content, including laws relating to the Internet, data, email, privacy, or sending of technical data exported from Brazil, the United States and the User's jurisdictions of residence or access;
6.1.2. not use the Website for any purpose unlawful or prohibited by these Terms of Use or that exposes OnCam and/or Transaciona civilly or criminally, including soliciting or promoting prostitution, human trafficking, or pedophilia;
6.1.3. not use the Website to infringe another person's intellectual property rights, including to illegally make, obtain, post, access or infringe copies of copyrighted Content;
6.1.4. not use the Website to send, post, display, disclose or communicate any defamatory, slanderous, inaccurate, abusive, harmful, threatening, discriminatory, obscene, offensive, hateful, criminal, or illegal material to any other user of the Website or to any other person;
6.1.5. not use the Website to exploit, harm or attempt to exploit or harm minors by exposing them to inappropriate Content, whether by asking for personal information or otherwise;
6.1.6. not use the Website to harass, stalk, or invade another person's privacy (including disclosure of personal information);
6.1.7. not use the Website to promote physical harm or injury to any individual or group or to promote any act of cruelty against animals;
6.1.8. not use the Website to engage in false or misleading trade and advertising practices;
6.1.9. not use or attempt to use the accounts of other users of the Website;
6.1.10. not impersonate another person during their use of the Website, including registering or attempting to register another person for an account;
6.1.11. not use any automated means (including robots, spiders, crawlers, or data extraction tools) to download, monitor, or use data or Content from the Website or to access any Content on the Website through any technology or means other than those provided or authorized by the Website;
6.1.12. not attack the Website through the use of service-blocking viruses (Dos) or distributed service blocking (DDoS);
6.1.13. not use the Website to collect email addresses for sending unsolicited messages;
6.1.14. not collect or get any personally identifiable information, including account names, from the Website;
6.1.15. not take any action that imposes, or may impose, an unreasonable or disproportionate burden on the Website's technology infrastructure and/or exaggerated demands;
6.1.16. not forge headers or otherwise manipulate identifiers to disguise the origin of any information submitted;
6.1.17. not disable, circumvent, or interfere with the security related to the features of the Website, features that prevent or restrict the use or copying of Content, or features that impose limits on the use of the Website or the Content, including any digital rights management (FDD or DRM) functionality;
6.1.18. not remove any proprietary notices or labels (including copyright, patent, service brand, or trademarks) from the Content;
6.1.19. not attempt to interfere with or compromise the integrity of the system or security, or decipher any transmissions to/from the Website's servers;
6.1.20. not post or make available on the Website any Content that contains software viruses or any computer code, files, or programs designed to disrupt, destroy, limit, or monitor the functionality of any telecommunications software, hardware, or equipment;
6.1.21. not send, create, or respond to “chain calls” (i.e. email copies of a single message to many users, or send large or multiple files or messages to a single user with malicious intent); engage in “spamming” (i.e., unsolicited messages sent for commercial or other purposes); or engage in any other activity that may adversely affect another person's operation or use of the Website;
6.1.22. not copy, distribute, or disclose any part of the Website in any medium, including automated or non-automated scraping;
6.1.23. not reproduce, sell, resell, commercially exploit or make the Website or its Content available to any other person;
6.1.24. not “frame” or “mirror” the Website;
6.1.25. not reverse engineer any part of the Website.
6.2. OnCam may change, limit or cancel the User's access if they do not comply with the provisions of these Terms of Use, in particular in each of the items of the previous Section. Unauthorized use of the Website or its Content by the User may also violate various laws, including copyright and trademark laws, privacy and advertising laws, communications regulations, and statutes. OnCam will take appropriate measures in case of unauthorized use of the Website or its Content, including civil and criminal measures, with or without prior protection, in addition to canceling the User's access, registration or account on the Website.
6.3. The User may, if they wish, block CameraPrive Contracting Parties from their personal account. If the User decides to block, they hereby acknowledge and agree that:
6.3.1. they will lose access to all Content developed by the blocked CameraPrive Contracting Party, including any paid Content that has already been purchased by the User;
6.3.2. if the subscription to the FanClub of the blocked CameraPrive Contracting Party has been purchased, the subscription will be immediately canceled and access to the respective Special Content blocked;
6.3.3. access to the profile of the CameraPrive Contracting Party will be blocked and the User will be unable to interact and send personal messages through the Website;
6.3.4. your user name will continue to be displayed on the CameraPrive Contracting Party's statement if they have purchased any Content, given any gifts, or entered and/or sent any chat messages to the blocked CameraPrive Contracting Party.
7. USER'S GENERATED CONTENT AND CONTENT STANDARDS
7.1. The Website may contain messages, chat rooms, direct messages, pages or profiles, forums, bulletin boards, and other interactive features that allow the User to make User Contributions available on/through the Website. All User Contributions must comply with the Content standards set forth in this Section.
7.2. Except in the case of information subject to OnCam's and Transaciona's Privacy Policy, any User Contribution will be considered non-confidential and will also not be considered owned by the User, so that said User Contribution may be used by OnCam, Transaciona, CameraPrive Contracting Parties or other Users.
7.3. The User declares that they own all ownership rights of their User Contributions posted on the Website and acknowledges that OnCam and Transaciona have no control over what other users may do with copies of their User Contributions, including whether or not the User removes their User Contributions from the Website.
7.4. The User acknowledges that they are responsible for any User Contributions they submit or post on the Website, and the User, and not OnCam and/or Transaciona, have full responsibility for said Content, including its lawfulness, reliability, accuracy, and suitability.
7.5. Notwithstanding the foregoing, by providing any User Contribution to the Website, the User automatically grants OnCam and Transaciona, as well as their respective associates, service providers, licensees, and affiliates, a global, non-exclusive, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works, publicly display and perform User Contributions relating to the Website and the business of OnCam and Transaciona (and their respective successors and affiliates), including to promote and redistribute, in whole or in part, the Website (and derivative works thereof) in any media formats and through any media channels. OnCam and Transaciona may freely use and further exploit their User Contributions for any purpose without any obligation to pay.
7.6. The User makes the following representations and warranties for any and all User Contributions they make to the Website:
7.6.1. the User owns or controls all rights over the User Contribution that they make and hold the right to grant the license granted in the previous Section to OnCam and Transasciona, as well as to their respective affiliates, service providers, and licensees;
7.6.2. the User is not posting, nor will they ever post, any Content that involves persons under 18 (eighteen) years of age;
7.6.3. the User has the written consent of each person identifiable in the User Contribution and authorization to use their name or to allow the inclusion and use of the User Contribution in the manner contemplated on the Website and by these Terms of Use;
7.6.4. the User Contribution is in accordance with these Terms of Use.
7.7. These Content standards apply to all User Contributions and available interactive features. User Contributions must, in their entirety, comply with federal, state, local, and international regulations and laws. User Contributions must not, under any circumstances:
7.7.1. share or contain links to other websites;
7.7.2. contain any defamatory, obscene, indecent, abusive, offensive, aggressive, violent, hateful, inflammatory, or otherwise objectionable material;
7.7.3. describe or depict minors, pedophilia, incest, rape, prostitution, violence, torture, or bestiality;
7.7.4. contain unauthorized persons who have not given their consent to appear in the User Contribution;
7.7.5. promote violence or discrimination based on race, gender, religion, national origin, disability, sexual orientation, or age;
7.7.6. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
7.7.7. violate the rights (including the rights of publicity and privacy) of any third party or contain any material which may give rise to any civil or criminal liability under the terms governing the laws or regulations or which may otherwise conflict with these Terms of Use and the OnCam's and Transaciona's Privacy Policy;
7.7.8. be likely to mislead any person or other user or CameraPrive Contracting Parties;
7.7.9. cause unnecessary annoyance, inconvenience, or anxiety or be likely to disturb, alarm, or disturb any other person;
7.7.10. represent any person, or misrepresent the identity or affiliation of CameraPrive Contracting Party with any person or organization;
7.7.11. involve commercial activities or sales, including contests, sweepstakes, and other sales, barter, or advertising promotions;
7.7.12. give the impression that they emanate from or are endorsed by OnCam, Transaciona or any other person or entity, if this is not the case;
7.7.13. promote any Content and/or product that belongs to competitors of OnCam and/or Transaciona;
7.7.14. contain technically harmful material, including computer viruses, logic bombs, Trojan horses, worms, malware, ransomware, harmful components, corrupted data, or other malicious or harmful software data; or even contain a photo of the Website's chat screen and/or contain a public comment on the Website's policies;
7.7.15. promote or solicit any illegal activity, or advocate, promote, or support any illegal activities, including prostitution, pedophilia, and human trafficking.
7.8. OnCam and Transaciona are vehemently opposed to the solicitation or promotion of prostitution in any form or condition. The use of the Website by a User, CameraPrive Contracting Party, or any other person to facilitate the solicitation or promotion of prostitution in any form is strictly prohibited. The sharing or exchange of personal information between CameraPrive Users and Contracting Parties, including but not limited to name, home address, email address, physical address, telephone number, online messaging applications (e.g. Skype, AIM, WhatsApp, Facebook, Twitter, Instagram, etc.), in addition to any financial information (e.g. bank or credit card information), or any other personally identifiable information is strictly prohibited. Failure to comply with this obligation will result in the cancellation of the User's account and may result in appropriate legal actions.
7.9. It is expressly forbidden to make any payment outside the Website, so that the User agrees to refrain from requesting OnCam and/or Transaciona to pay any amounts by mechanisms outside the Website.
7.10. The User agrees to refrain from: (i) requesting information from CameraPrive Contracting Parties, such as name, personal or financial information; (ii) logging into accounts on the Website that do not belong to the User. The User declares to be aware that they are only allowed to log into their account on the Website or through the creation of a customer account.
7.11. The User shall not engage in any of the following activities while using the interactive features or communicating in any manner with CameraPrive Contracting Parties or with others through the Website:
7.11.1. harass, threaten, embarrass, or cause distress or discomfort to another user of the interactive features, including the CameraPrive Contracting Party, another user, or any other person;
7.11.2. transmit, through the interactive features, any information, data, text, files, links, software, communication, or other materials that we consider illegal, harmful, threatening, abusive, harassing, defamatory, libidinous, vulgar, obscene, hateful, racially or ethnically, or otherwise objectionable;
7.11.3. make any of the interactive features “happen” faster than other users are able to write, or any action with a similar disruptive effect, including, but not limited to, sending repeated messages to the chat, pressing the “ENTER” key quickly and repeatedly, in order to “scroll” the bar on the chat screen faster than normal, or in any way disturb the chat environment;
7.11.4. make use or support for illicit drugs;
7.11.5. record or distribute videos or other Content found on the Website;
7.11.6. post private or personal information of any person, including a CameraPrive Contracting Party or another user;
7.11.7. request personal information or share personal information with any CameraPrive Contracting Party or another user, including financial information, email address, phone number, or address;
7.11.8. impersonate any person, including a CameraPrive Contracting Party or another user;
7.11.9. ask for money, or otherwise mislead CameraPrive Contracting Parties or other Users of the Website;
7.11.10. engage in any activity that may be considered obscene in their community or obscene internationally;
7.11.11. discussing illegal activity or posting links to other sites dealing with such activities;
7.11.12. facilitate or promote prostitution, pedophilia, or sex trafficking of other persons;
7.11.13. discuss pedophilia, child exploitation, infantilism, or rape;
7.11.14. disrupt the normal flow of dialogue in one of the interactive features or acting in a way that negatively affects other users of the Website;
7.11.15. violate any state, federal or international law, including any regulations having the force of law, while using or accessing the interactive features;
7.11.16. post or transmit any advertising, solicited or otherwise, promotional materials or other forms of solicitation on the interactive features, including the solicitation of CameraPrive Contracting Parties for commercial ventures;
7.11.17. share links to other websites;
7.11.18. engage in antisocial, disruptive, or destructive behavior, including bombing, flaming, spamming, flooding, trolling or griefing, terms commonly understood and used on the Internet; or
7.11.19. use the interactive features to organize offline face-to-face meetings with the CameraPrive Contracting Party or with another user, including the exchange of money or other consideration for sex or company, because OnCam prohibits, on a peremptory basis, any form of interaction with the CameraPrive Contracting Party or with another user outside the Website (offline).
7.12. The User declares to agree and be aware that CameraPrive Contracting Parties have the ability to block users at any time and for any reason in their live chat rooms and profile page. In addition, CameraPrive Contracting Parties may also block a City, State, or Country entirely, so that a user's IP Address will be automatically blocked if it is within a City, State, or Country blocked by the CameraPrive Contracting Party. This functionality belongs to the CameraPrive Contracting Party and OnCam has no control over who, which City, State, or Country the CameraPrive Contracting Parties block.
7.13. The User declares to agree and be aware that CameraPrive Contracting Parties have the full discretion to refuse to host a show with a User, respond to a message or interact with a User, without any justification.
8. MONITORING BY ONCAM OF ALL WEBSITE AND APPLICATION FUNCTIONALITIES
8.1. The User declares to agree that OnCam has the right to:
8.1.1. remove or refuse to post any User Submission for any reason or no reason at the sole discretion of OnCam;
8.1.2. take any action in relation to any User Contribution that OnCam deems necessary or appropriate, at OnCam's discretion, including if OnCam understands that the User Contributions violate these Terms of Use, any intellectual property right of any person (including any entity), threatens the personal safety of other users of the Website or the public or that may bring liability to OnCam;
8.2. The User declares to agree that OnCam and Transaciona have the right to:
8.2.1. disclose the identity or other information about the User, by court order, when the User violates the rights of third parties, including intellectual property rights and the right to privacy;
8.2.2. take appropriate legal action, including contacting the police, for any illegal or unauthorized use of the Website and/or the Virtual Wallet;
8.2.3. terminate or suspend the User's access to all or part of the Website and/or the Virtual Wallet, for any reason, including in the event of a violation of these Terms of Use or suspicious activity that may constitute a violation of these Terms of Use. If OnCam and/or Transaciona blocks or suspends the User's account or the balances available in the User's Virtual Wallet to avoid the practice of suspicious activities, including in the event of fraud, OnCam and/or Transaciona may request additional information, such as a copy of the User's identity card with photo and a photocopy of the credit card used (the User may hide the credit card numbers, only leaving the first six (6) and the last four (4) digits visible for verification of ownership);
8.2.4. disclose the user name (login, nickname used on the website, not the personal name of the User) on social networks or on the Website if the User participates in promotions and is a winner.
8.3. OnCam and Transaciona will cooperate fully with any law enforcement or court-ordered authorities should such authorities request or direct OnCam and/or Transaciona to disclose the identity or other information of any posting of any Content on the Website. The User waives any claim they may have against OnCam and/or Transaciona (including their respective affiliates, licensees, and service providers) resulting from any action taken by OnCam and/or Transaciona during or because of investigations and/or any actions taken following investigations whether by OnCam, Transaciona or other constituted authorities.
8.4. OnCam and Transaciona do not endorse the opinions expressed in any User Contribution. OnCam will not review all material before it is posted on the Website and cannot guarantee the prompt removal of objectionable material after it has been posted. OnCam and Transaciona are not responsible for any action or inaction on transmissions, communications, or Content provided by any user contracted party or third party. OnCam and Transaciona shall not be liable to any person for performance or non-compliance with the activities described in this Section Eight.
8.5. If the User becomes aware of any Content posted that violates these Terms of Use, the User must contact OnCam through the following email: support@cameraprive.com. In this case, the User must provide as much detail as possible about the objectionable Content, including a copy of the objectionable Content or the location where OnCam may find it, in addition to the reason why OnCam must remove it, and a statement attesting to the accuracy of the information that the User has provided to OnCam.
9. LINKS TO THIRD-PARTY WEBSITES, SYSTEMS, OR APPLICATIONS
9.1. The Website may contain links to third-party websites, systems, or applications. The User acknowledges that OnCam and Transaciona are not responsible for: (i) the availability or accuracy of such websites, systems, or applications; or (ii) Content, products, or services available from such websites, systems, or applications. The existence of these links to third-party websites, systems, or applications does not mean any endorsement by OnCam and/or Transaciona of said websites or resources. The User acknowledges the exclusive responsibility and assumes all risks arising from the use of any of these third-party sites, systems, and applications, and OnCam and Transaciona are not responsible in case of losses caused by the User due to the use of these third-party websites, systems, or applications.
10. THIRD-PARTY CONTENT
10.1. Through the Website, the User will be able to access or use the Content provided by third parties. OnCam and Transaciona do not guarantee that the third-party Content is not objectionable in the User's opinion. OnCam and Transaciona, in any event, shall not be responsible for the User's access to or use by the User of any third-party Content.
11. PRIVACY, DATA COLLECTION, AND USE
11.1. The OnCam's and Transaciona's Privacy Policy clarifies how OnCam and Transaciona collect, use, and share User information. The User acknowledges and agrees that OnCam and Transaciona may maintain, for as long as reasonably necessary to provide, create and improve the Website and the Virtual Wallet and comply with law enforcement, the information that the User has submitted to OnCam and Transaciona to resolve disputes, enforce internal policies, protect its legal rights, as well as comply with legal, regulatory and technical requirements and with restrictions related to the security, integrity, and operation of the Website.
11.2. The User acknowledges and agrees that, by using the Website, the User gives their consent to the collection, use, and sharing of information, as outlined in the OnCam's and Transaciona's Privacy Policy, which includes the transfer of such information to the United States of America and/or to other countries for storage, processing, and use of data and information by OnCam and Transaciona.
12. COPYRIGHT POLICY
12.1. OnCam and Transaciona respect the intellectual property rights of all third parties and require Users to do the same. OnCam and Transaciona will respond to notices of copyright infringement that are contemplated by law and are correctly reported and proven to OnCam and Transaciona. If the User believes that their Content has been copied in a way that constitutes copyright infringement, the User must prove the infringement by email to support@cameraprive.com.
12.2. It is the policy of OnCam, in appropriate circumstances, to deactivate or terminate the accounts of infringing or repeat users.
13. TERMINATION
13.1. The User may, at any time, send a notification to OnCam and/or Transaciona stating that they no longer agree to these Terms of Use, and will no longer access the Website. In this case, OnCam will block the User's access to the Website.
13.2. OnCam may, at any time, at its sole discretion, suspend, disable or cancel the User's access to the Website (or any part thereof), if OnCam understands that the User has violated these Terms of Use or that their conduct may damage OnCam's reputation. If OnCam blocks a User's access for any of these reasons, the User must no longer access the Website. OnCam may also block the User's email address and IP address to prevent access.
13.3. The termination by OnCam of the User's right to access the Website will result in the automatic cancellation of all licenses granted to the User in these Terms of Use. In addition, the sections of these Terms of Use relating to the User's obligations that, by their nature, must survive the expiration of the term of these Terms of Use, will continue to have effect for all legal purposes and effects.
14. INFORMATION POSTED
14.1. The Website presents Content provided by third parties, including materials provided by CameraPrive Contracting Parties, other users, third-party licensors, or agents. All statements or opinions expressed in these materials and all responses to questions and other Content, except for the Content provided by OnCam and/or Transaciona, are exclusively opinions, and the responsibility of the respective owner of these materials, and OnCam and/or Transaciona are not responsible for such materials and for any offenses contained therein. These materials do not reflect the opinion of OnCam and Transaciona. Therefore, OnCam and Transaciona will not be liable to the User or anyone else for the Content or accuracy of any materials provided by third parties.
15. CHANGES TO THE WEBSITE; AVAILABILITY
15.1. OnCam and Transaciona reserve the right to modify or discontinue this Website, with or without prior notice to the User, including the right to change any functionality of the Website or remove any area or feature of the Website.
15.2. OnCam periodically updates the Content on the Website; however, OnCam does not guarantee that the Website Content is complete or up-to-date. Any material on the Website may be out of date at any given time, and OnCam is under no obligation to update such material. If the User finds errors or omissions on the Website, the User may bring them to the attention of OnCam by sending a email to support@cameraprive.com.
15.3. OnCam and Transaciona make no warranty, express or implied, about the reliability, timeliness, quality, suitability, availability, or accuracy of the Website and the Virtual Wallet. Further, OnCam and Transaciona do not warrant that:
15.3.1. use of the Website will be uninterrupted, accurate, or error-free (whether as a result of technical failure, acts, or omissions of third parties) or the Website will operate in combination with any other hardware, software, or system;
15.3.2. the defects of the Website will be corrected;
15.3.3. the Website or any Content obtained through the Website will meet the needs or expectations of the User; and
15.3.4. the servers that host the Website will be available free from viruses or other harmful components.
16. COMPLIANCE OF THE WEBSITE WITH THE LAW
16.1. OnCam and Transaciona are located in the State of São Paulo, Brazil. OnCam and Transaciona make no representation as to whether the Website, the Virtual Wallet, or any part of its Content is accessible or appropriate outside of Brazil or the United States of America, where OnCam's and Transaciona's servers are located.
16.2. Access to the Website and the Virtual Wallet by certain persons or Users in certain countries may not comply with local law. If the User accesses the Website and the Virtual Wallet from outside Brazil or the United States of America and in the User's jurisdiction of residence or access, the User must do so on their own initiative and is solely responsible for compliance with all local laws of the country from which they access the Website and Virtual Wallet.
17. EXCLUSION OF WARRANTIES
17.1. The User acknowledges that OnCam and Transaciona do not warrant or represent that the files available for download from the Internet, the Website, or Virtual Wallet are free of viruses or other destructive codes. The User is responsible for implementing sufficient procedures to satisfy their particular needs for antivirus protection and accuracy of input and output data at checkpoints and for maintaining a means external to the OnCam Website and Virtual Wallet for any recovery for any loss of data.
17.2. OnCam and Transaciona are not responsible for any loss or damage caused by a distributed service blocking an attack, virus, or other technologically harmful material that may infect your computer, computer programs, data, or other material owned by the User due to the use of the Website, Virtual Wallet, any Content obtained through the Website or download of any material published on the Website, or any website linked to the Website.
17.3. The User's use of the Website, Virtual Wallet, its Content, and any Content obtained through the Website is the sole responsibility of the User. OnCam provides the Website, its Content, and any services or items obtained through the Website, just as Transaciona provides the Virtual Wallet and available payment tools, “as is”, “with all faults” and “as available”. OnCam and Transaciona do not warrant the completeness, security, reliability, quality, accuracy, or availability of the Website or Virtual Wallet.
17.4. OnCam and Transaciona make no warranties, whether express, implied, statutory, or, further, warranties of merchantability, title, non-infringement, privacy, and fitness for a particular purpose.
18. LIMIT OF LIABILITY OF ONCAM AND TRANSACIONA
18.1. OnCam and Transaciona shall not be liable for:
18.1.1. errors, mistakes, or inaccuracy in the Content;
18.1.2. personal injury or damage resulting from the User's access and use of the Website;
18.1.3. Content (including User Generated Content or another user) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libidinous, abusive, invasive of privacy, or illegal;
18.1.4. unauthorized access for use on OnCam's and/or Transaciona's servers and any personal or financial information stored on them, including unauthorized access or changes to your account, User Contributions, transmissions, or data;
18.1.5. interruption or cessation of transmission to and from the Website and/or Virtual Wallet;
18.1.6. bugs, viruses, Trojan horses, malicious applications, ransomware, or other disabling code that may be transmitted to/through the Website and/or Transaciona by any person or that may infect the User's computer or affect their access to or use of the Website and/or Virtual Wallet, other services, hardware or software;
18.1.7. incompatibility between the Website, Virtual Wallet, and other services, hardware, or software;
18.1.8. delays or failures that may occur in initiating, conducting, or completing any transmissions/transactions on the Website and/or Virtual Wallet;
18.1.9. losses or damages incurred by the User for use of any Content posted, by email, sent, or otherwise made available through the Website and/or Virtual Wallet;
18.1.10. commercial disagreements, offenses, and frustrations for Content improperly provided by CameraPrive Contracting Party to the User; or
18.1.11. any commercial disagreements and/or frustrated negotiations between the User and CameraPrive Contracting Party in the event that the User gives any gift to CameraPrive Contracting Party without the latter delivering to the User the Content agreed upon between them.
18.2. The User releases OnCam and Transaciona from any liability arising from the contributions of other users or the conduct of other users or interested parties.
18.3. OnCam and Transaciona are dedicated to protecting the integrity and security of all User's personal information and maintain security measures to prevent breaches of User information. However, OnCam and Transaciona, despite all of the security measures in place, cannot guarantee that unauthorized persons will never be able to circumvent the security of the Website and/or Virtual Wallet or use any personal information provided by Users to OnCam or Transaciona for improper purposes.
18.4. The User accepts that they provide their personal information to OnCam and Transaciona at their own risk, and OnCam and Transaciona are not responsible for breaches of information that the current security measures deployed are not able to prevent.
19. EXCLUSION OF DAMAGES; EXCLUSIVE REMEDY
19.1. Unless caused by the negligence or willful misconduct of OnCam and/or Transaciona, OnCam and Transaciona shall not be liable for any direct, indirect, special damages (including so-called loss of profits and loss of a chance, and regardless of the basis for liability) arising from User's access to or inability to access the Website, its Content or the Virtual Wallet.
19.2. OnCam and Transaciona shall also not be liable to the User: (i) for injuries; (ii) pain and suffering; (iii) emotional distress and stress; (iv) loss of revenues; (v) loss of profits; (vi) loss of business or anticipated earnings; (vii) loss of use; (viii) loss of trade value; (ix) loss of data; (x) loss of privacy; or (xi) computer failure related to the User's access to or inability to access the Website, its Content or the Virtual Wallet. This exclusion of liability will take effect even if the User has reported the possibility of these damages or is aware of the possibility of these damages.
19.3. If the User is dissatisfied with the Website, Virtual Wallet, or has any other claim, their exclusive remedy is to stop using the Website. In any case and notwithstanding the foregoing, the maximum amount of liability of OnCam and Transaciona for any User claim shall not exceed BRL100.00 (one hundred Brazilian Reais).
20. INDEMNIFICATION
20.1. The User agrees to indemnify and hold OnCam, Transaciona and/or their respective representatives and employees harmless from all losses, liabilities, damages, and expenses resulting from and/or arising from: (i) non-compliance with obligations assumed in these Terms of Use; and (ii) any indemnities to third parties that OnCam and/or Transaciona are required to make as a result of the User's actions if such actions cause losses, liabilities, damages or expenses to OnCam and/or Transaciona.
20.2. In case of an event of liability that reaches or may reach OnCam and/or Transaciona, the User must: (i) take steps to keep OnCam, Transaciona, and their respective legal representatives and officers exempt from liability, and (ii) promptly make a payment or provide a sufficient guarantee or deposit before the competent administrative or judicial authority, so that OnCam, Transaciona and their respective legal representatives and officers, in no way suffer any restrictions of ownership or registration, or are prevented or restricted in their right to enter into contracts with third parties.
20.3. In case of an event of liability against OnCam, Transaciona and/or their respective legal representatives and officers, the User will still be responsible for all expenses that OnCam, Transaciona, and their respective legal representatives and officers may incur in defense of their interests, with OnCam and/or Transaciona, as the case may be, being entitled to deduct such expenses from any amounts due to the User.
20.4. In the event that OnCam and/or Transaciona are brought to court for any cause attributable to the User or related to the User's activities, the User agrees to voluntarily assume sole responsibility as a defendant, committing, in any case, to provide information and assistance to OnCam and Transaciona, advising it in determining the facts, the subject of the demand.
20.5. OnCam, Transaciona, and their respective legal representatives and officers shall have the right of subrogation against the User for any and all amounts disbursed for events under the User's liability.
20.6. The User shall be liable, under the law, to OnCam, Transaciona, and third parties, for the acts of their representatives, employees, officers, and agents, even if they do not have or are not directly related to the services provided in accordance with these Terms of Use.
20.7. If the User fails to comply with the obligations set forth in this Section and, without prejudice to other sanctions, OnCam and Transaciona may deduct such expenses from any amounts due to the User to agree or finalize existing legal proceedings or disputes.
20.8. OnCam, Transaciona, or the User shall not be liable to each other for indirect, incidental, special, legal, exemplary, or punitive damages arising out of or related to these Terms of Use, including loss of revenue or anticipated profits or loss of business.
21. APPLICABLE LAWS AND VENUE
21.1. These Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Brazil.
21.2. All disputes and conflicts that result directly or indirectly from these Terms of Use that are not resolved by mutual agreement between the User, Transaciona, and OnCam will be submitted to the sole and exclusive jurisdiction of the courts of the City of São Paulo, State of São Paulo, Brazil, which will have exclusive jurisdiction over any proceeding arising from them.
22. GENERAL PROVISIONS
22.1. These Terms of Use contain the final version of the terms and conditions of use of the Website and Virtual Wallet by the User and supersede all previous terms of use. Neither the User nor OnCam and Transaciona may use any section or previous versions of these Terms of Use to interpret them.
22.2. These Terms of Use may be unilaterally amended by OnCam and Transaciona at any time, and the User must be notified electronically through the Website of this fact, which will give rise to the possibility of unilateral termination of these Terms of Use by the User if they do not agree with the changes made.
22.3. Each provision of these Terms of Use shall be construed as enforceable and valid in accordance with applicable law. If for any reason, a court finds that any provision of these Terms of Use, or only part thereof, is invalid or unenforceable, such provision shall be enforced to the fullest extent permitted by law so as to give effect to the intent of OnCam, Transaciona and the User in these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. OnCam, Transaciona, and the User further agree that in the event such an invalid or unenforceable provision is an essential part of these Terms of Use, OnCam and Transaciona will replace the provision deemed invalid or unenforceable.
22.4. The tolerance by OnCam and/or Transaciona to demand any of its rights under these Terms of Use, including the right to terminate them in the event of non-compliance or default by the User, shall not be deemed a waiver by OnCam and/or Transaciona of its right to enforce each and every one of the provisions of these Terms of Use in accordance with the provisions herein.
22.5. Any notice or communication required or permitted by any provision of these Terms of Use shall be in writing and shall be deemed delivered, given, and received for all purposes.
22.5.1. To OnCam: admin@oncam.com.br, unless a specific email address is listed on the Website to provide notices. OnCam may change their contact information by posting the change on the Website. Please check the Website for the most current information for sending notices to OnCam.
22.5.2. To Transaciona: admin@transaciona.com.br, unless a specific email address is listed on the Website to provide notices. Transaciona may change its contact by posting the change on the Website. Please check the Website for the most current information for sending notices to Transaciona.
22.5.3. To the User: The User agrees to receive any notice from OnCam and Transaciona in electronic form: (i) through electronic mail at the email address listed in the User's account; or (ii) by posting the notice at a Website location chosen for this purpose. The User may change their contact information by updating the contact information in the User's account.
22.6. OnCam and Transaciona may subcontract any of the services set forth in these Terms of Use, without prior notice or approval from the User.
22.7. OnCam and Transaciona may assign to third parties the rights arising from these Terms of Use without the User's prior consent. The User may not, under any circumstances, assign his rights arising from these Terms of Use.
22.8. OnCam, Transaciona, and their respective affiliates and licensees shall not be liable for failures, interruptions, or delays in the fulfillment of their obligations if such failures, interruptions, or delays are due to acts of God or force majeure, in accordance with the provisions of art. 393 of the Brazilian Civil Code, including, among others, governmental acts, limitations imposed by the government, interruption in the provision of services, such as electricity supply, telecommunications services, Internet networks), disasters, strikes, public order disturbances, and other events of the same nature.
22.9. The User hereby grants permission to OnCam, Transaciona, and any of their respective affiliates to send notices, advertisements, and other communications that contain adult-oriented material, unsuitable for minors by email. This authorization will be effective and remain in effect until the User requests OnCam and/or Transaciona to remove them from the email list. The Website has a feature within the user account area where the User can unsubscribe from the Website's email list. For more information, please refer to the Privacy Policy.
22.10. OnCam and Transaciona have no structure to send or receive confidential electronic communications or emails. The User must be aware that all messages and emails sent to OnCam and Transaciona, or that OnCam and Transaciona send to the User may be accessible to the public. The User shall not use the Website to send or receive messages that the User wishes to be read only by the sender and recipients. Other operators of the Website may read all messages that the User sends through the Website, regardless of the intended recipients.
22.11. The rights and obligations set forth in these Terms of Use bind the User, OnCam, Transaciona, and their respective successors irrevocably and irreversibly.
22.12. These Terms of Use were written in Portuguese and English. In the event of a conflict between the Portuguese and English versions of these Terms of Use, the Portuguese version will prevail.
22.13. The User will ratify these Terms of Use electronically instead of with a printed paper signature. The User, OnCam and Transaciona consider signatures by valid and effective electronic means as handwritten signatures.
22.14. The User acknowledges that the consent given electronically, by clicking on an “Agree”, “Agreed”, or other similarly worded “button” or input field, or through a mouse, keyboard or other computer device is the equivalent of the User's handwritten signature and irrevocably and irreversibly binds the User to the terms of these Terms of Use.
22.15. OnCam and Transaciona encourage the User to give feedback about OnCam, Transaciona, the Website, and Virtual Wallet. However, OnCam and Transaciona will not treat any suggestion or idea that the User gives as Confidential Information, and nothing in these Terms of Use will restrict OnCam and Transaciona's right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to the User.