HOST-GUEST AGREEMENT
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Revised: August 2023
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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".
- 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.
