Last Revised November 2014
This is a legal agreement between You and ACK Enterprises, LLC, doing business as In-Charge.net, and it’s subdomain Cams.In-Charge.net, and hereinafter referred to as “In-Charge.” The provisions of this Agreement will govern Your use of Our Website. In-Charge allows “Models” to upload media files for purchase by other Members of the Website and this Membership Agreement governs Your use of the In-Charge.net “Site”. The policies, terms and conditions detailed below limit In-Charge’s liability and obligations to You and allows In-Charge to change, suspend or terminate Your access to and use of the Site.
If In-Charge accepts Your Membership application, You will be become a “Member” having access to the Site only under the policies, terms and conditions lists below.
“We”, “Us” or first person pronouns-the provider of In-Charge.net, ACK Enterprises, LLC.
“the Site”, the In-Charge.net website, and it’s subdomain Cams.In-Charge.net, and all its services including but not limited to all communications made through In-Charge.net and any content that is provided by In-Charge.net or transmitted through In-Charge.net.
“Member” or “User”- the users of the Site who accept and enter into the Membership Agreement and those who use the site to purchase content through the Site and from other Members.
“You” and all second person pronouns- the reader of this Membership Agreement or user of the Site
“Model” A member who creates a store to sells content through the Site
‘Media”- any digital media file or video streaming service uploaded to the Site, may include Video, Picture or Audio files
“Products”- any information or digital Media file which are exchanged or sold through the Site by a Model to other Members
“Purchases”- Media files which are sold to Members of the Site
“Transaction”- to any file or Product purchased through the Site initiated using Your password and Member account information.
We urge You to carefully read the following terms and conditions, and all related policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Membership Agreement by reference and provide additional information, terms and conditions:
- Payment Policy
- Media Policy
If there is ever any conflict between the terms or conditions outlined in related policies and this Membership Agreement, the terms and conditions of the Membership Agreement shall supersede all others.
By ‘Accepting’ the terms and conditions of this Membership Agreement, You understand that You accept all terms and conditions. You also demonstrate acceptance of this Membership agreement by registering to the Site, communicating with Members of the Site, utilizing any of the available content on the Site, and by distributing content on the Site. By doing so, You agree to be obligated to the terms and conditions of this Membership Agreement.
Any and all usage of the Site is regulated by the terms and conditions outlined in this Membership Agreement, the Policies presented on the Site, and any notifications communicated through the Site. All Users must accept the terms and conditions set forth in this Membership Agreement in order to use and access the Site. If You do not accept the regulations of this Membership Agreement, then You may not use or gain admittance into the Site.
1. Eligibility to use the Site
The Site is available for use only to persons who are at least eighteen (18) years old, or twenty-one (21) years old, depending on the age of majority in Your jurisdiction, and are otherwise capable of forming legally binding contracts under applicable laws. In-Charge may, in their sole discretion, require proof from Members, that they have attained the age of majority in their jurisdiction prior to using the Site. Failure to produce proof of age will result in termination of Your Membership.
You agree not to use or access the Site or become a Member if doing so violates any law, regulation, decree, treaty or administrative act of Your state, province or country. In-Charge makes no representations that the Site or any contents it contains are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. In addition You cannot access the Site if You reside in a country that is prohibited from entering into trade relations with the United States or its citizens, countries include but not limited to Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia. Those who choose to access the Site from such locations do so, on their own initiative and are solely responsible. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Members.
2. You use or offer content, and interact with Members and Models, at Your own discretion.
(a) In-Charge does not provide or produce the content which is for sale by Models, or information and/or exchanges between Members in any manner. In-Charge does not itself provide any form of information, services or other merchandise. In-Charge serves as a technological facility that permits Members to share content and information among its community of Members. While In-Charge aids in connecting Members with one another, it does not completely oversee the information or content exchanged or delivered between Members. Consequently, In-Charge does not govern, nor is it to be held liable for, the opinions, safety, quality, morality, politically correctness, views, content, language, depictions, legality, or validity of any words, depictions, or content which is posted by the Members of the Site on the Model’s profile, through private messages, on social media, or through any type of interaction made available through the Site. The Site is not to be used as a means to exchange tangible goods and is not accountable for exchanges of personal and non-personal information of any sort as well as, but not limited to exchanges of files, links, goods, or communications between Members. As a Member, You will prescribe to proper judgement and prudence in regards to displaying and sharing information with other Members, usage of the Site and its services, evaluation of statements made and content posted on the Site, providing feedback, and making purchases. Failure to prescribe to proper judgement and common sense is done so at Your own consequence. The Site does not condone its Members to initiate or advance discussions in regards to meeting other Members in person. If such discussions and/or in person meeting takes place, then In-Charge and all affiliates are not responsible for any activity which takes places as the Site forbids any communications or meetings of this sort. In-Charge attempts to monitor messages, comments, and content for efficiency but cannot oversee all areas of the Site at all times. Therefore, In-Charge assumes no accountability for governing all of the Members at all times. If, as a Member, you suspect a Member has violated or may potentially be in violation of any laws or statutes, In-Charge instructs you to contact the Site immediately so that a report may be placed on record and a relevant form of law enforcement may be contacted, if necessary, by the Site.
(b) In-Charge does not mention, recommend, endorse, authenticate, assess or assure any material, entertainment services or other content or services made available by any specific Models or Members, or Models as a whole, or Products. No parts or areas of the Site, Products, or mentions of Models or Members are to be considered as an commendation, approval, or promise of any Model by In-Charge. As mentioned earlier, You must use common sense to decide whether or not to remain using the Site, subscribing to any and all Products, responding to messages from Members, or any type of interaction with Members on and off the Site. In-Charge, may at any point in time, monitor, review, or investigate communications between Members made on the Site to enforce any currently existing policies or regulations set forth in the Membership Agreement or any of the existing policies and practices of the Site. If any Member fails to follow the policies listed in this Membership Agreement or in any of the currently existing policies and practices of the Site, then In-Charge reserves the right to take any necessary actions related to the Member account in violation of compliancy with the Membership Agreement or policies of the Site.When You accept this Membership Agreement, You also accept any existing policies and practices on the Site.
(c) In cases of a dispute with another Member or if You experience harm related in connection to a Member or Product, then You waive all claims, demands, damages in any regard, any and all costs and all expenses incurred at any position in time, or liabilities against In-Charge (and all of its employees, owners, shareholders, agents, subsidiaries, and associates)which arise from usage of the Site or in connection with any aspect of the Site, Member, or Product in relation to the filed claim.
3. Modifications to the Membership Agreement and Policies
In-Charge reserves all rights in its sole option to amend or terminate the Site, or adapt the terms and conditions of Your usage of the Site, without notification. All amended changes to the terms and conditions will be operative thirty (30) days after they are originally displayed on the Site. Modifications to the Payment Policy are active after In-Charge offers Models with at least but no less than fourteen (14) days prior notice of the changes by emailing or contacting all active Models. All updatedversions of the Membership Agreement and Policies will supersede all previous versions upon posting.
In-Charge will attempt to take necessary steps in order to notify You of changes to the Site’s terms and conditions; however it will remain Your responsibility to regularly check the Site for updates to the Membership Agreement and Policies.
If You do not agree with any changes to the Membership Agreement or any other changes to the policies of the Site, Your only viable alternative is to cease using the Site. By remaining to use any of the features of the Site, You accept and agree to be obligated to any of the modifications of the Membership Agreement, policies or business practices of the and You agree to take full responsibility for Your failure to review changes to the Site’s new terms and conditions. In-Charge will not be responsible for Your neglect of Your legal rights.
4. Suspension or Termination of Membership
You authorize In-Charge to possess the right at any location in time to suspend or terminate Your membership and disable Your future use and/or access to the Site without any reason or prior notice to You in the event that any of Your actions or decisions breach this Membership Agreement, infringe on any current policies on the Site, potentially violate any laws or statutes, or in cases where In-Charge deems, in good faith, that Your actions may be harmful to You, any Members, In-Charge, or the Site, in any manner. In those particular instances and in situations where In-Charge is unable to confirm or validate any billing or payment information You offer to the Site, In-Charge may contact Your affiliated bank and/or the relevant authorities or administer appropriate action without notice to You. In-Charge reserve the right, at any point, terminate a Model’s account due to inactivity if You do not post any new Media or Products for sale on Your account for a period of three (3) consecutive months or more.
You reserve the right to terminate Your Account and association with In-Charge at anytime if You are dissatisfied with any
(i) terms or conditions in this Membership Agreement or related policies,
(ii) content available through the Site, or
(iii) amount or type of fees or if the billing methods change.
You can terminate Your Membership with In-Charge by reaching us as follows:
Your notice of termination will be effective upon receipt by Us. Models will receive a confirmation of termination from In-Charge via email.
In the event of any form of termination, in regards to Model accounts, In-Charge will payout all remaining earnings due to You up until the point of termination on the next payment date after the end of the current payment period has been completed. In the event of any form of termination, in regards to all accounts except for Model accounts, You agree to forfeit any existing credits in Your account to In-Charge as You acknowledge that all credits are non-refundable in that situation.
You agree that if Your Membership is terminated by Us, for whatever reason, You will not attempt to re-register or use the log in details of an existing Member, using the same or different username or using the same or different IP address, without prior written consent from Us. Active Models will not knowingly allow terminated Members to use their active account or post terminated Members Media and/or content through their active Account. Failing to comply with this ordinance will result in the immediate termination of all Members proven or suspected to be involved.
5. The Site is only a setting for the exchange of Content and entertainment
In-Charge only performs as technological instrument and facilitates the exchanges communications and interactions initiated between Members. As a Member, You are not an employee, agent or contractor of In-Charge, and You shall not denote that You are any of the former. All Models are independent contractors. You are solely accountable for all equipment, fees, tolls, bills, charges and costs necessary to access and use the Site and Store function, and for the legal reporting and payment of all taxes associated with payments paid to You by In-Charge as required in Your lawful jurisdiction.
You also understand and accept that The Site and Services offered are to be used purely for entertainment and recreational purposes, and hereby release In-Charge and all other users from any liability for invasion of privacy, defamation, false light and related torts, in the event that Your content is made public on any and all sites related and not related to In-Charge.
6. You are exclusively liable for any and all use made of the Site under Your password and Member account information and approve to pay for all Products bought using Your password and Member account information
a) The related Member’s Store sets the prices of the Products which are made available. You hereby grant In-Charge the permission to allow Our payment processor to collect fees for each Transaction by debiting Your Membership account immediately upon the finality of each Transaction, irrespective to the quality or the completeness of the Product. You authorize In-Charge, openly or through third parties, to create any investigations we consider necessary and reasonable to authenticate Your Member account and/or Model profile. This may include assembling a credit report and executing other necessary credit checks or otherwise confirm the information You provide to the Site.
b) You agree that You will not authorize, enable, permit or facilitate access to and/or use of Your account to non-Members and or existing Members. You are solely responsible for all usage or activity related to the Site made under Your password and Member account information. You agree to not disclose Your password and Member account information to any individuals and to monitor and track all activities that occur under Your Member name, password or member account, including but not limited to, all prior and outstanding transactions, postings, public messages, and all usage of the Site as You are the sole party responsible for any activity on Your account.
d) Based on Member account use and other factors identified by In-Charge or its payment processor, in its sole discretion, In-Charge may request verification of Your identity, age, nationality and/or other background information in order for You to continue to use the Site and to be allowed to post Content. Accordingly, You agree to deliver any additional information that may be requested by In-Charge, You consent to In-Charge’s release of Your personal information to third-party service providers, such as but not limited to In-Charge’s payment processor or law enforcement, in order to verify Your identity, age, nationality and/or other background information.
e) You may not allow minors to access the Site through the use of Your Membership Account.
7. By using the Site, You agree to obey with the following:
a) All Members, including Models, understand that In-Charge only allows You access to the Site, it is Your responsibility to provide Your own access to the Internet, and any fees or costs that You may incur to access the Site are Your sole responsibility. In-Charge is not responsible for providing You with any hardware or software, and it is Your responsibility to purchase or license all necessary hardware and software to access the Site.
b) All Members agree to provide true, accurate, current and complete information at the time of registration as well as always accurate, true and complete payment registration information. Furthermore, all Members agree to promptly update their personal information in the event of changes or to promptly notify the appropriate staff of the Site in regards to these changes. You will not use false identities or impersonate any other person or use a name that You are not authorized to use.
c) All Models must comply with In-Charge’s Model Policy and Payment Policy
d) You, as a Member purchasing Products, will not resell or transfer, free of charge, any Products You purchase through the Site. Nor will You reproduceany Purchases You make, anywhere else. By doing so, You will have distributed or transferred intellectual property of In-Charge and will be potentially in violation federal law.
e) You will not post content on the Site that violates the Media Policy.
f) You will fully comply with any request of In-Charge in relation to investigations of claims or suspected fraudulent, illegal or suspicious activity. This may include but not limited to granting In-Charge the right to access any portions of Your account on the Site which are password protected. When these situations arise, You may contact the Site directly to ensure the person asking for such information is affiliated with the Site.
g) You will process all transactions through the Site, and You will not circumvent or attempt to circumvent the Site using third-party payment services.
h) You will not use the Site as a means to harass, defame, stalk, or endanger any Member in regards to Content posted, information displayed, or messages exchanged on the Site.
i) You are to be respectful of the privacy of other Members and should not attempt to gain access to any information which relates to any Member that is not displayed on a Member’s own recognisance. Unlawful disclosures of private information violate federal laws.
j) You will not copy or reproduce any content related to the Site, this includes but is not limited to knowingly or unknowingly creating copies of Content, screenshots of any area of the Site as well as Products, or copying written information.
k) You will not distribute mass emails or postings on the Site which the staff of In-Charge may deem as “spam” or solicit other Members by any means such as but not limited to private work or participation / involvement in other websites.
l) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for Yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member Store.
m) You will not transmit unlawful content such as content displaying drug use, child pornography, rape, unauthorized recording of individuals, or any other type of content which may violate local and federal law. Therefore, You will follow all relevant laws and active regulations which govern Your activities on the Site.
n) You will not attempt to circumnavigate any encryption or other security tools used anywhere on the Site, or us any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site and any communications on it. Furthermore, You will not attempt to gain unauthorized access to another Member’s account and/or information, computer system, network or database associated with the Site. In-Charge reserves the right to contact the appropriate areas of law enforcement if such activity occurs on the Site.
o) You will not encourage, force, instruct, or coerce any individual(s) to violate any of the statements described in this Membership Agreement or any of the policies of In-Charge.
8. Ownership of the Site including all URLs and any content created or derived from the Site.
In-Charge owns all legal and intellectual rights to the titles, procedures, systems, devices, content, processes, format, designs, logos, URLs, buttons, patents, copyrights, trademarks, likenesses, intellectual property, derivative works, improvements and features. No use of such materials, tangible and intangible, owned by In-Charge or the Site may be used, shared or displayed in any manner unless with expressed written consent by In-Charge.
Additionally, You agree and recognize that over time Your username may be given to another Member in the event Your account is not currently active or in the event that Your account is closed. Moreover, You bestow upon In-Charge, its affiliates, subsidiaries, and media providers the legal right to use, reproduce, distribute, exhibit, mention, sell or utilize any Media which You upload as well as Your username, descriptions, prices, and Products.
You agree to give In-Charge irrevocable non-exclusive royalty free rights to use any of Your uploaded Media for any purpose, including publication, sale, display, modification, and creation of derivative works.In addition, all Products and digital Media, uploaded onto the Site with the intention of sale or promotion will remain the property of In-Charge. In the case that a Member is terminated due to violate of the Membership Agreement or Policies, In-Charge will retain ownership of all digital media.
9. Disclaimer of Warranties
You expressly agree that Your use of the Site or any services or any of the Products and Media contained therein is at Your own and sole risk. You also understand that any material and/or data downloaded, uploaded or otherwise obtained and transmitted through the use of the Site or any of the Material contained therein is done at Your own risk and that You are solely responsible for any damages to Your computer system or loss of data that may result from the download, upload or transmission of such materials and/or data. We cannot guarantee that any Media that You download through the Site will be free of viruses, worms, Trojan horse or other code that may contaminate or cause destruction to Your hardware.
The Site and any Products or goods obtained through the Site are provided “As Is” with no warranty of any kind, expressed or implied, regarding the Site, Products and all communications made between Member through the use of the site, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non infringement. In-Charge also makes no warranties or representations that the Site or its service or any materials contained therein, will be uninterrupted, timely, secure or error free, nor do We make warranties or representation as to the quality, suitability, truth, usefulness, accuracy or completeness of the Site or its services and materials. Furthermore, In-Charge cannot guarantee that Your Products will be successfully delivered to our Users/Customers whether or not such failure is due to circumstances with Our control or through other forces.
In addition, In-Charge makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusion may not apply to You.
10. Limitation of Liability
Under no circumstances will In-Charge be held liable to You, or any third party, for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with the use of the Site or Products, whether or not In-Charge has been advised of the possibility of such damages.
Without limiting the generality of the foregoing, In-Charge and its suppliers’ aggregate liability to You arising with respect to this agreement will not exceed one hundred dollars ($100). In-Charge will not be liable for the consequences of any interruptions or errors. However, due to some jurisdictions not allowing the exclusion or limitation of incidental or consequential damages, the above limitation and exclusions may not apply to You.
11. Copyright and Trademark Policy
You may not use the Site to distribute, sell, present, promote or feature Products or any materials which interferes with copyrights, trademarks, intellectual property or likenesses of third parties.
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide In-Charge's Copyright Agent listed below with the following information required under 17 U.S.C. § 512 of the DMCA:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit In-Charge to locate the material;
(d) Information reasonably sufficient to permit In-Charge to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In-Charge’s Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Upon receipt of notice as described above, In-Charge will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site, and/or termination of the Member's account.
If You believe that Your federally registered trademark is being used by Model or Member in a way that constitutes trademark infringement, please provide In-Charge's Trademark Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit In-Charge to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit In-Charge to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, In-Charge will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site, and/or termination of the Member's account.
In-Charge’s Trademark Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Digital Millennium Copyright Act Counter Notification Procedure
If You receive a Notice of Claimed Infringement and feel that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in above, then You are permitted to submit a counter-notification as according to Section 512(g)(2) and (3) of the Digital Millennium Copyright Act(DMCA). A counter-notification is the proper method for You to dispute the removal or disabling of material pursuant to a Notice. The information that You provides in a counter-notification must be accurate and truthful, and You will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content.
To submit a counter-notification, please provide Our Designated Copyright agent the following information:
(a) A specific description of the material that was removed or disabled pursuant to the Notice.
(b) A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
(c) A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
(d) The Recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent to:
Upon receiving Your DMCA-compliant counter-notification, In-Charge will provide the counter-claim to the entity that originally provided the Notice concerning the material in question. In-Charge will allow up to fourteen (14) days for a remedy to come about. In the case of a successful counter-claim, In-Charge, in their sole discretion, may but not limited to re-instate Your Members Account, replace any deleted Media or take no action at all.
12. Links to External Websites
In-Charge may provide links to websites that are owned and operated by third parties. Such links are provided for reference only and In-Charge neither controls such websites not endorses any of the material on any such websites or any association with their operators and therefore You acknowledge and agree that We are not responsible or liable for content, advertising, services, products or other materials on or available from such websites and resources. In addition, You acknowledge and agree that We shall not be held responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused to You by or in connection with the use of third party websites.
Any notice or other communication required by Us to You, will be given in writing and sent via email to the address provided to Us by You. Any notice or other communication from You to Us, should be sent via email to the appropriate address to which Your communication relates.
It is the responsibility of both parties to notify the other party of changes to their email address. In-Charge will accept no responsibility for notices not received due to You not maintaining Your contact details and keeping them up to date.
The date of receipt shall be deemed the date on which such electronic notice is transmitted. Any correctly addressed notice that is refused, unclaimed or undelivered, because of an act or omission of the You to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server. In-Charge will take no responsibility for notifications not received.
If there is a dispute or controversy between In-Charge and You arising out of or otherwise relating to this Membership Agreement, and the two parties cannot in good faith resolve the dispute, then the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association.
The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore provisions of this Membership Agreement; and shall be bound by governing and applicable laws.
The arbitrator’s decision shall be final and non-appealable. The arbitration shall be conducted in Pittsburgh, Pennsylvania, and the judgement on the arbitration award may be entered in any applicable court’s jurisdiction.
In the event that any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs occurred in connection there with, including attorneys’ fees incurred on appeal.
15. Defamation & Invasive Material Policy
In-Charge provides an interactive computer service and as such, We have no liability for any third-party content due to Section 230 of the Communications Decency Act. However, despite such protection, In-Charge recognizes that there may be occasions in which content posted by Our Users, which may be unappreciated or defamatory towards other Users. It is not our intention to cause harm to any neither person nor entity. If You have a complaint about content on the Site, including, but not limited to, a complaint or claim of defamation, libel or slander, invasion of privacy, false light, trademark infringement, right of publicity claims or any related or similar tort, from which we are otherwise immune from liability, You may file a notice to Us to:
After In-Charge has received Your notice, We shall have ten (10) business days after date of receipt to evaluate Your concerns and present a remedy. Such remedies may include but not limited to; an offer to delete/modify the offending material, the offer for You to issue a rebuttal or seek any other alternative resolution that will mitigate Your damaged legal interests.
All Purchased “Re-Charge” credits are non-refundable, and in the event that Your Membership is terminated due to violations of the terms of this Membership Agreement or other Policies, all remaining Re-Charge credits on Your account will be forfeited.
As In-Charge merely facilitates the sale between Members and Models, and due to the nature of how downloads are processed, In-Charge upholds no refund policy. You are responsible to ensure that all orders are correct before purchasing Products from Models. Furthermore, it is Your responsibility to ensure You have the appropriate hardware and/or software to use the Products which are downloaded. In-Charge is not responsible for any costs related to downloaded software needed for the Products which are downloaded as You as solely responsible for these costs.
Media that is purchased from the Site cannot be refunded, traded or swapped. If the Purchased Media is faulty or damaged upon download, In-Charge will provide you with a working copy of the faulty Product. All exchanges of fault Media must be done within fourteen (14) days of Purchase.
17. Intellectual Property Information
All referenced website names constitute service mark(s) and/ or trademarks(s), and any word, slogan or brand appearing on Our Site with a TM designation qualifies as Our trademark or service mark.
“In-Charge.net”, the In-Charge logos, “Lounge” and “Re-Charge” Credits and all likeness are copyrights of ACK Enterprises, LLC, and We either own or have rights to display all of the Materials thereupon. You may not use any of the Materials without Our expressed written consent.
In-Charge strictly enforces Our intellectual property rights and any infringement will be prosecuted to the fullest extent of the law.
If for any reason any provision of this Membership Agreement, or any portion thereof, is found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible or shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
In-Charge’s actions in regards to violations and enforcement of this Membership Agreement on its Members or You does not pardon or set precedent for In-Charge’s decisions regarding future, related or comparable violations and enforcements of this Membership Agreement. In-Charge makes informed decisions on a case by case basis and does not have to provide explanation of its rulings.
All parties agree to exclusive jurisdiction and venue in, and only in, Pittsburgh, Pennsylvania, and agree to hereby waive any right to assert the doctrine of forum non-conveniens.
This Membership Agreement along with the guidelines, procedures and policies of In-Charge establishes a binding agreement between In-Charge and You with respect to the subject matter contained in such an agreement.
You approve and permit the use of electronic processes to finalize this Membership Agreement, to In-Charge and to make available to You any notices related to this Membership Agreement, and electronic records to collect information in regards to this Membership Agreement or Your usage of the Site.
You can request a copy of this Membership Agreement or any other Policy in PDF format, by sending Us and email stating the required policy as described below:
You understand and agree to this Membership Agreement and any notices given pursuant to this Membership Agreement are enforceable in electronic format.
19. Media Policy
This Media Policy forms part of the Membership Agreement and is incorporated by reference. Capitalized terms not defined within in this policy will have the meanings as set forth in the Membership Agreement
In-Charge has a zero tolerance policy for materials and any Media involving minors and a zero tolerance policy regarding paedophiles, pederasts or any paedophilic, pederastic, or similar related activities. This includes simulated underage material through the use of sex dolls and other props. Any Member who uploads any Media containing underage material will be immediately terminated and report to the appropriate law enforcement in their jurisdiction. If any user sees any Media or depictions that are questionable, they are to report it immediately to admin@In-Charge.net
All persons involved or featured in any Media files uploaded to the Site must have completed and submitted a 2257 form, with the proper corresponding photo identification. Failure to submit and have an approved 2257 form for all participants in a depicted work may result in but not limited to, the removal of the media and the termination or suspension of Your Account. 2257 Forms can be found by emailing firstname.lastname@example.org and requesting the form.
In-Charge will not tolerate Media that involves any of the following situations: Horror or Snuff- people or animals being maimed, mutilated or killed, Necrophilia- sexual acts or simulations with dead people, Blood, Asphyxiation- including suffocation or insinuate altering someone’s breathing including but not limited to choking, strangulation, hanging by the neck and smothering, Bestiality- sexual acts or simulations with animals, Forced Sexual Acts, Non-Consensual Sexual Acts, Hardcore bondage with Sex- Sexual acts or simulations with someone who is fully bound, ie all four limbs bound, both legs and arms, Scat and Faeces- defecating on someone or someone consuming faeces, real or simulated, Urine or Pissing- urinating on another person or the consummation of urine, Fisting- the sexual act or simulation of inserting a fist into a person’s anal or vaginal cavity, Chloroform- the use or implied use of chloroform or another chemicals on another person to render them unconscious, Weapons- no weapons, real or fake , Drugs- no real or simulated drug use, Intoxication- no one in any Media may be intoxicated or simulating intoxication, including forced intoxication, this includes but not limited to, Alcohol and all other substances that cause intoxication or cause someone to be considered under the influence, Crushing- crushing of any animal, alive or dead, or animal parts, Torture- causing pain to others, Racism- including racial hatred towards any person or group, this includes but not limited to flag burning and racist symbolism such as swastika.
In addition, no Media may be uploaded which is unlawful, harmful, threatening, harassing, defamatory, infringing, vulgar, obscene, hateful, racial or ethnically objectionable or invasive or another person’s privacy.
Models may not upload or post any unauthorized advertising or promotional material, this includes but not limited to any content that may infringe upon any trademarks, copyrights, patents or any other proprietary rights of any party. In addition, Store holders may not upload any Media in which they include any contact methods other than through the Site, including but not limited to, email addresses, Skype names, Yahoo I.D.s, MSN usernames, personal websites, Facebook pages or Twitter accounts. Also they must not include any details pertaining to third party payment methods.
All Media upload and sold through the Site, is the sole responsibility of the Model who originally posted or sold the Media. In-Charge monitors the media uploaded to the Site but cannot guarantee the accuracy, integrity or quality of any Media.
In-Charge reserves the right to remove at any time, any Media which violates this Media Policy or Membership Agreement.
You agree to give In-Charge irrevocable non-exclusive royalty free rights to use any of Your uploaded Media for any purpose, including publication, sale, display, modification, and creation of derivative works. In addition, all Products and digital Media, uploaded onto the Site with the intention of sale or promotion will remain the property of In-Charge until such time that it is either deleted by the owner or the owner has provided In-Charge with a written request asking for the Media to be removed from the Site and for rights to be reverted back to the original owner. In such event, the owner must provide In-Charge with a signed letter through paper mail or a photocopy of a signed letter sent via electronic mail to email@example.com requesting that the Media be removed. In-Charge will make all attempts to promptly remove the Media in a timely manner after In-Charge receives the request for removal. In the case that a Member is terminated due to violation of the Membership Agreement or Policies, In-Charge will retain ownership of all digital media until such time that the owner provides a written statement requesting removal and for ownership to be reverted back to the original owner.
Furthermore, no media may contain any viruses, Trojan horses, worms, timebombs, cancelbots, easter eggs or any other computer programming that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
20. Profile Media Policy
Store Holders may post photos and free media in their profiles in order to enhance their listings. Any media posted within a Model’s profile and on view in public areas should not include any pornographic material, including any Media of nudity, including transparent clothing, sex toys and cartoon depictions of pornographic or sexual activities. All uploaded Media is at the discretion of the Site.
If at any time You come across any media that violates any terms of this Media Policy or Membership Agreement, please contact us at admin@In-Charge.net immediately.
21. Custom Content
Through the In-Charge website Users are able to request Models to create Custom Content. Custom Content is an Item requested by a User that isn’t already in the Model’s Portfolio. Once In-Charge is contacted regarding Custom Content, We will contact the Model with the Item request and request a price from the model. Once the agreement has been finalized, In-Charge will receive the payment from the User and hold the payment in escrow until the Custom Content has been delivered. Upon successful completion and delivery of Custom Content, the funds will be deposited into the Model’s In-Charge account.
Once a Model has accepted a Customer Content request, the Model has seven (7) days to complete the Item and submit the Content to In-Charge to distribute to the User who requested it. Failure to complete a previously agreed to Custom Content request could result in a written warning or a monetary fine of up to, but limited to, 30% of the final Item price. Repeated failure to complete Custom Content in a timely manner may result in the Model being banned from producing Custom Content for an undetermined amount of time.
All Custom Content negotiations must happen with the Site acting as a liaison between the Model and the User. No direct contact between the Model and the User is allowed.
Users can substitute another Model if the original Model cannot fulfill the Custom Content request or fails to fulfill the Custom Content request. If the Custom Content request is never delivered, the User can use the current escrow balance to spend on existing content on the Site or may contact us to mutually agree upon an appropriate return method.
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