HOST-GUEST AGREEMENT

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Revised: August 2023

1. This Host-Guest Agreement ("Agreement") constitutes a legally binding agreement between each host ("Host") who uses the certain Agency and Facilitation Services provided by IML S.L.U., a company organized under the laws of the Principality of Andorra (the "Company") via https://ImLive.com (the "Site"), and each guest ("Guest") who chooses to receive information/content ("Services" or "Content") from such Host via chat in any Host-Guest Chat Session ("HGCS"). By entering into or participating in any HGCS, or obtaining any other Services through the Site, you expressly agree to be bound by all of the terms of this Agreement.
2. Role of Company: It is clarified that, other than as stated in Section 4 below, including in connection with selling credit to Guests which may be used to purchase Services from Hosts ("ImLive Credit"), the Company acts solely as the agent of, and service provider to, any and all Hosts who are or may be registered on the Site as Hosts during the applicable period ("Community of Hosts"), and shall not be or be deemed to be contracting on its own behalf with any Guest.
3. Amendment: The Company, in its capacity as agent of the Community of Hosts, shall be entitled to amend this Agreement at any time by amending it on the Site. By entering into the Site or using the Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement as it appears on the Site.
4. ImLive Credit The Company, in its capacity as agent of the Community of Hosts, shall be entitled to amend this Agreement at any time by amending it on the Site. By entering into the Site or using the Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement as it appears on the Site.
• ImLive Credit is made available by the Company (on behalf of the Community of Hosts) for purchase by Guests in order to purchase Services from Hosts. The price of ImLive Credit is displayed to the Guest upon purchase thereof. In addition to ImLive Credit, Guests may at the sole discretion of the Company (on behalf of the Community of Hosts) receive certain credits which can only be redeemed to obtain Host Services ("ImLive Treat Credit").
• Where charges for Services provided to Guests by Hosts are expressed in this Agreement and/or on the Site in terms of ImLive Credits, the Host is deemed to charge the Guests US$1 for each ImLive Credit (or up to 1.5 credits in the Company's Special Deals sites) or ImLive Treat Credit redeemed by such Guest in paying for such Services, however the Guest is permitted to pay such amount solely by way of redemption of the equivalent amount of ImLive Credit purchased or ImLive Treat Credit received from the Company.
• ImLive Credit may be purchased by Guests solely from the Company through the payment methods offered from time to time on the Site. Payments by Guests to Hosts may be made solely by way of redemption of ImLive Credit or ImLive Treat Credit through the mechanisms provided on the Site.
• ImLive Credit expires 30 days from the date of purchase or after such shorter period as may be set out in this Agreement. In addition, in case of cancellation, closure or termination of your Guest account for any reason under the terms and conditions of the Site, any outstanding ImLive Credit and ImLive Treat Credit that you have will immediately expire. In any such event, any funds used to purchase ImLive Credit shall be forfeited to the Community of Hosts and shall not be credited, reimbursed, or refunded to any Guest.

5. Host Charges (other than Live Sex Chat):

In any HGCS other than an HGCS in the Live Sex Chat zone:

• Host may initially charge Guest 0.98 ImLive Credits (only in such Host's first 90 minutes ever of HGCS for which a Guest is charged ImLive Credit), 1.98 ImLive Credits, 2.80 ImLive Credits or 3.80 ImLive Credits per minute of HGCS, as shall be displayed to the Guest at the commencement of the HGCS, in accordance with Host's sole discretion.
• In the event that Host has at least 4.1 stars, Host may charge Guest 0.98 ImLive Credits, 1.98 ImLive Credits, 2.80 ImLive Credits, 3.80 ImLive Credits, 4.80 Imlive Credits, 5.80 Imlive Credits, 6.80 Imlive Credits, 7.80 Imlive Credits, 8.80 Imlive Credits or 9.80 Imlive Credits, per minute of HGCS, as shall be displayed to the Guest at the commencement of the HGCS, in accordance with Host's sole discretion. The rating of a Host (i.e. number of stars) is visible on such Host's Host Profile. The Company may decide upon the rating system and calculation methods in its sole discretion.
• In a Candy Show Video Chat, Host may charge Guest 1.48 ImLive Credits or ImLive Treat Credits. Further details are posted on the Site.
• Host shall not be required to charge Guest the highest per-minute-charge.
• The rate displayed as of commencement of the HGCS shall remain applicable throughout the HGCS, even when a system event changes such rate, unless Host has given Guest a discount in accordance with this section. New rates are relevant only to new chats initiated after the rate change.
• In the event that a Guest chooses to leave any HGCS prior to its expiry time, the Guest holds the right to return to such HGCS at any time until its expiry.
• Any Host may encourage a Guest in an HGCS with such Host to chat longer and to come back to a future HGCS with such Host by providing a special discount to such Guest, in Host's sole discretion. These discounts are made in Host's sole discretion. Discounts are either 0.20 or 0.40 ImLive Credit per HGCS minute. Discounts may be decided upon before the HGCS starts (by Host providing to the chosen Guests such Host's discount code), or during the HGCS by marking the chosen Guest while chatting. Discounts are retroactive and will apply from the beginning of the HGCS in which such Host chooses to give the discount, and not before. There are no double discounts (i.e. if any Guest has received any kind of discount, such Guest is not entitled to any other discount with respect to such HGCS).
• Guests may also participate in a "Discount Club", pursuant to which such Guest redeems an amount of ImLive Credit (redemption of ImLive Credit may not be required in certain cases for promotional purposes) at the beginning of the applicable time period and is able to obtain a discount from a particular Host or Hosts during such time period (all as stated on the Site). All payments made pursuant to this section shall be considered charges for Host Services.
6. Host Charges (Live Sex Chat)

In any HGCS in the Live Sex Chat zone:

• Host may initially charge Guest 0.98 Imlive Credits (only in such Host's first 90 minutes ever of HGCS for which a Guest is charged ImLive Credit).
• After the first 90 minutes, prices may vary from 1.98 Imlive Credits to 5.80 Imlive Credits per minute, in accordance with the Host's discretion, subject to the rating Host is given, as follows:
  
  Time Rating Maximum Charge per Minute
  Up to 90 minutes Any 0.98 ImLive Credits
  Over 90 minutes 0 - 1.9 stars 1.98 ImLive Credits
  2 - 3 stars 2.80 ImLive Credits
  3.1 - 4 stars 3.80 ImLive Credits
  4.1 - 5 stars 5.80 ImLive Credits
• The higher a Host's rating is, the more such Host can charge Guests also for videos and other materials relating to such Host. The rating of a Host (i.e. number of stars) is visible on such Host's profile. The Company may decide upon the rating system and calculation methods in its sole discretion.
• Celebrity Porn Star Hosts may charge any Guest between 5.90 - 14.90 ImLive Credits per minute, in their sole discretion. The rating system does not apply to Celebrity Porn Star Hosts.
• Candy Show Video Chat Hosts charge Guests 1.48 Imlive Credit per minute.
• Host shall not be required to charge Guest the highest per-minute-charge.
• The rate displayed as of commencement of the HGCS shall remain applicable throughout the HGCS, even when a system event changes such rate, unless Host has given Guest a discount in accordance with this section. New rates are relevant only to new chats initiated after the rate change.
• Discounts
• After a Host's first 90 minutes of HGCS, such Host may encourage Guests to chat longer and to come back to such Host's HGCS by providing them with special discounts. These discounts are made at Host's sole discretion. Discounts are either 0.20 or 0.40 ImLive Credit per HGCS minute.
• Celebrity Porn Star Hosts may start giving discounts as of their first HGCS. Discounts are of 0.20, 0.40, or 1 ImLive Credits per HGCS minute.
• Discounts may be decided upon before the HGCS starts (by Host providing to the chosen Guests such Host's discount code), or during the HGCS by marking the chosen Guest while chatting. Discounts are retroactive and will apply from the beginning of the HGCS in which such Host chooses to give the discount, and not before. There are no double discounts (i.e. if any Guest has received any kind of discount, such Guest is not entitled to any other discount with respect to such HGCS).
• Text chats are free of charge (text chat is not relevant for Celebrity Porn Star Hosts). Video Chats are free of charge for the first 20 seconds upon Guest entering the HGCS, once per Host per day.
7. Taxes

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

8. License

The Host grants to the Guest a limited license to access the applicable Content of that Host. This license is non-transferable, non-sublicensable and non-exclusive, and permits the Guest to access and view the Host Content on the Guest's personal account in accordance with the Company's Terms of Use.

The license granted to a Guest in relation to the Content shall cease automatically without any notice in one of the following circumstances:

• if the Guest's payment related to the Host Content was unsuccessful or is charged back or reversed for any reason.
• if the Guest's account is suspended or terminated for any reason.
• if the Guest acts in breach of the Terms of Use.
• if the Content is removed from the Host's account.
• if the Guest closes its account.

The Guest acknowledges and agrees that the license of the Content provided in this section does not result in the Guest acquiring any rights in or to the Host Content. It is understood and accepted by the Guest that the Host shall retain all the rights of the Content.

9. Information/Content
• Host and Guest both declare and represent that he/she is at least 18 years of age or the legal age requirement in their jurisdiction.
• Guest and Host are entirely responsible and legally liable for all information/content provided by such Guest or Host in any HGCS. Without derogating from the above.
• Guest and Host undertake that all information/content provided by such Guest or Host in any HGCS shall satisfy any applicable laws and regulations to such Guest or Host, including but not limited to, any applicable laws and regulations of the European Union and the United States.
• Guest and Host represent that each possesses all necessary intellectual property rights, interests, and licenses in connection with any information/content transmitted in any HGCS or on the Services.
• Guest and Host undertake to ensure that all participants in any HGCS will be at least 18 years of age or the legal age requirement in their jurisdiction.
• Guest and Host undertake not to cause or permit the image of any other person (excepting other persons who are registered as Hosts or Guests) to be transmitted in any HGCS.
• The Guest and the Host agree to respectively comply at all times with the IMLIVE - GUEST TERMS OF USE and IMLIVE HOSTS/MODELS - AGENCY AND FACILITATION SERVICES AGREEMENT, as well as any other policies, procedures or agreement that they are subject to when using or accessing the Services.
• The Host agrees to make the Content available to the Guest once the Guest has made the relevant payment applicable to the Content.
• The Host is solely responsible for creating and uploading the Content. The Host provides no guarantees that it will continue to create and upload the Content on an ongoing basis.
• Unless there has been negligence or other breach of duty by the Host, the accessing by the Guest of the Host's Content is entirely at the Guest's own risk.
• Without derogating from any other provision of this Agreement, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden in any HGCS: bestiality, child pornography, any presentation or representation of minors whether or not engaged in intimate physical contact or sexual situations (actual or depicted), incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, defamatory, abusive, obscene, threatening, racially offensive, or illegal material, and any conduct which may be judged "obscene" by the standards of any Guest's or Host's community. Guest and Host undertake to consult a local attorney at law in order to get advice on where Guest's or Host's community draws the line on obscenity.
• Guest and Host undertake to report IMMEDIATELY to the Company's customer service department regarding any case of the transmission of any forbidden content mentioned above in an HGCS or any other forbidden activity, including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.
• Adult behavior and/or activity is strictly prohibited in any HGCS entered into through any zone (including without limitation the zone entitled "Friendship & Romance") other than an HGCS entered into through the zone entitled "Live Sex Chat".
10. Miscellaneous
• To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
• Headings of sections in this Agreement are included for convenience only and shall not be used to interpret the Agreement.
• This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra.