This Agreement is entered into by and between dd’s playhouse (ddsplayhouse.net), Exhibit D and the dd’splayhouse Model/Live Entertainer and will be referred to as Model in throughout this Model Agreement.
WHEREAS, dd’s playhouse is engaged in the business of Internet Adult Entertainment Services, namely providing adult entertainment photos, video clips, audio recordings and news blog on a subscription basis, Video conferencing; and Advertising Adult Services
WHEREAS, dd’s playhouse Model is a performer in the business of originating, producing and providing original and live entertainment for transmission and broadcast over the internet site, dd’s playhouse; and
WHERAS, dd’s playhouse desire to allow dd’s playhouse Model to engage in lawful performance of the live entertainment that dd’s playhouse Model originates and produces for customers accessing the internet site, dd’s playhouse; and
WHEREAS Model desires to utilize dd’s playhouse, on the terms and conditions stated herein;
NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged and in further consideration of the mutual promises set forth herein, it is hereby agreed between the parties as follows:
1. Model hereby agrees, represents and warrants:
1.1 Model will remain solely responsible for all of the Content for distribution via dd’s playhouse website. The term “Content” as used in this Agreement shall be meant to include all real-time or archived digital images, video chat sessions, recorded performances, audio, text and other similar materials created by the Model.
1.2 Model agrees there is to be no nudity in the Free WebCam Chat on dd’s playhouse. Appropriate clothing to cover gentile areas shall be worn at all times in the designated area.
1.3 Model warrants and represents he/she is a consenting adult over the age of eighteen (18) years and has provided acceptable proof of age which shall consisting of a valid government photo identification document (passport, state/province driver licence, or state/province photo identification card). Model must provide dd’s playhouse with a color, digitally scanned copy of such documentation and email such depiction to dd’s playhouse in JPG, GIF, PDF, or TIF format. Photocopies of such documentation will not be accepted. A Model will not be issued an account at dd’s playhouse until the age verification identification has been submitted and accepted by dd’s playhouse.
1.4 Model shall fully complete the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. ‘2257 and return it to: email@example.com.
Model will not be issued an account at dd’s playhouse until the statement has been submitted and accepted by dd’s playhouse.
1.5 Model agrees that he/she will not violate any law concerning obscenity. A model may not portray depictions of sex involving any person under the age of eighteen (18) years of age, rape, incest, torture, bestiality, fisting, necrophilia, and form of child pornography, urination, and or defecation.
1.6 Model represents to dd’s playhouse that the content complies with the laws and regulations applicable in (i) Model’s county of origin, (ii) Model’s local community, (iii) Country, (iiii) Canada and the Unites States.
1.7 Model will furnish, at her/his expense, all property, space, computers, computer equipment, furniture, clothing, lingerie, materials, etc., used in the course of the creation of the Content.
1.8 Model agrees to provide, at its sole cost and expense and solely for her/his own benefit, all equipment necessary to access the Web Site from the remote broadcast location. By way of example only, this may include a home computer, a video camera that connects to a home computer and an Internet connection (cable or DSL0 of at least 512 Kb (kilobit) upstream and 256Kb (kilobit) downstream per video stream. Model shall be solely obligated to ensure that any equipment purchased or otherwise acquired is in furtherance of her/his activities and is compatible with the Web Site.
1.9 Model hereby agrees to and expressly consents to dd’s playhouse’s right to access, monitor, and/or record the video chat sessions and/or Content to ensure compliance with dd’s playhouse’s policies as set forth on the dd’s playhouse web site and/or the laws and regulations of (i) the Model’s country of origin, (ii) the Model’s local communities, (iii) Canada and the United States.
2. DD’S PLAYHOUSE hereby agrees, represents and warrants:
2.1 DD’S PLAYHOUSE hereby grants to Model a non-exclusive, non-transferable, royalty-free, and worldwide license to use and display the dd’s playhouse trademarks and/or service marks, dd’s playhouse for the sole purpose of advertising and promoting the Content that Model distributes via the dd’s playhouse web site.
2.2 DD’S PLAYHOUSE shall allow Model to use the Content for her own personal portfolio and personal sales.
2.3 During the term of this Agreement and on the terms and conditions set forth herein, DD’S PLAYHOUSE agrees to provide Model with access to broadcast on the dd’s playhouse Web site or network, for the purpose of providing the performance for dd’s playhouse’s customers for a portion of the gross revenue collected for said services as published on dd’s playhouse’s website.
3. Intellectual Property 3.1 Model hereby represents that she/he created and thus owns or has obtained all intellectual property rights, interests, and licenses in the Content. Model may not reproduce in the respective Content, any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights.
3.2 Model, expressly grants to dd’s playhouse full license to use any and all copyrights, trademarks, service marks, trade secrets, and all other proprietary rights in and to the Content, or any portion thereof, via an unlimited, perpetual, worldwide, royalty-free, irrevocable, sub-licensable, transferable, exclusive license to dd’s playhouse. With the rights granted herein, dd’s playhouse may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Content in any medium or technology whatsoever, now known or to be developed in the future. Model further agrees that dd’s playhouse shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from the Content.
3.3 For the sole purpose of legitimately promoting dd’s playhouse on Model’s personal web site or web space as provided to Model via dd’s playhouse, dd’s playhouse hereby grants Model a non-exclusive, non-transferable, royalty-free, worldwide sublicense to use the designated dd’s playhouse name, trademark or service mark and the Content.
3.4 Nothing contained in this Agreement shall be construed as a grant or assignment of any rights in any intellectual property owned by dd’s playhouse, including, without limitation, any of its trademarks or service marks. No use of these marks shall be permitted except through the prior written authorization and permission of dd’s playhouse.
3.5 Model agrees not to use the Content for any unlawful purposes.
3.6 Model may not use dd’s playhouse to promote or solicit any URL or internet service other then that of dd’s playhouse.
3.7 Model may not use dd’s playhouse to promote or solicit any political or religious views and/or any form of business or service.
4. Indemnity and Limitation of Liability.
4.1 Model shall indemnify and hold harmless dd’s playhouse, its officers, directors, employees, and consultants against any and all expenses and losses(including reasonable attorney’s fees and costs)directly or indirectly incurred by dd’s playhouse in connection with any claims of any kind a rising from the breach of any terms, conditions, warranties or representations made by Model in this agreement, including but not limited to, any criminal, intellectual property disputes, agreements, model consent forms, and/or other disputes or actions that may result from either the Content or subject matter governed by this agreement.
4.2 IN NO CIRCUMSTANCE SHALL DD’S PLAYHOUSE BE LIABLE TO MODEL,OR OTHER PERSONS WHO MAY APPEAR IN THE CONTENT, FOR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL CONSEQUENTAL, EXEMPLARY OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE LIMITS SET FORTH IN THIS SECTION WILL APPLY EVEN IF MODEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 IN THE EVENT THAT DD’S PLAYHOUSE IS HELD LIABLE TO MODEL, OR ANY OTHER PERSON IN ANY WAY, DD’S PLAYHOUSE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO DDSPLAYHOUSE BY DD’S PLAYHOUSE’S USER FOR THE CONTENT ATTRIBUTABLE TO THE MODEL.
5. Relationship Between Parties
5.1 Nothing in this Agreement shall be construed as creating a partnership or joint venture between the parties or making either party an agent or employee of the other, and at all times, Model shall have no authority to make any representations or warranties on behalf of DD’S PLAYHOUSE.
5.2 Model shall conduct her/his online business at its own cost, expense and liability, including without limitation any and all costs, expenses, and liabilities associated who appear in and/or create the Content.
5.3 MODEL HEREBY AGREES THAT SHE/HE IS THE SELLER OF ALL GOODS AND SERVICES SOLD THROUGH DD’S PLAYHOUSE AND THAT THE MODEL SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL TAXES ASSOCIATED WITH THE REVENUE RECEIVED FROM THE SALE OF GOODS AND SERVICES THAT ARE GENERATED THROUGH DD’S PLAYHOUSE. DD’S PLAYHOUSE IS NOT RESPONSIBLE FOR, AND WILL NOT PAY ANY TAXES FOR THE GOOD OR SERVICES PROVIDED BY MODEL INCLUDING WITHOUT LIMITATION, FEDERAL OR STATE TAXES, INCOME WITHHOLDING TAXES, SOCIAL SECURITY TAXES, UNEMPLOYMENT TAXES, DISABILITY TAXES AND/OR DIRECT OR INDIRECT TAXES LEVIED BY FOREIGN COUNTRIES.
5.4 Model hereby appoints dd’s playhouse as her/his exclusive representative CLIENTS for the entire duration of this Agreement.
5.5 Model’s rights and obligations, as stated in this agreement, shall not be assigned or transferred to any other person or entity; any such assignment or transfer is void.
5.6 Model agrees to be in full compliance with 18 U.S.C. ‘2257 and to complete at signup, prior to producing Content on dd’s playhouse, a RECORDS KEEPING COMPLIANCE FOR PRUSUANT TO 18 U.S.C. ‘2257. Model shall bear all risks, liabilities, and costs caused by Model’s failure to comply with these terms under any associated laws, ordinances, rules, regulations, or requirements.
5.7 Model hereby represents and warrants that each person affiliated with Model
that provides services in connection with this Agreement is at least eighteen (18) years of age. Model agrees to furnish dd’s playhouse with appropriate age documentation for each person when requested by DD’S PLAYHOUSE.
6. General Terms
6.1 Model agrees that she/he is solely responsible for the overall Content. Model acknowledges and agrees that dd’s playhouse may, in its sole discretion, delete and/or modify any aspect of the Content, including without limitation, content, messages, photos or profiles, which, in dd’s playhouse’s sole discretion, violate the terms of any of its respective agreements or policies.
6.2 Either party to this agreement may terminate this relationship with the other party, with not less than forty-eight (48) hours written advance notice, subject to fulfillment of any outstanding liabilities and/or remaining obligations to the other party. Without limiting any other remedies that dd’s playhouse may have, in the event of a material breach of this agreement, reserves the right to suspend Model’s account immediately and/or terminate this Agreement without further notice.
6.3 This agreement may be immediately terminated by dd’s playhouse, at its sole discretion, in the event Model is investigated or prosecuted for illegal, unfair, and/or exploitive practices.
6.4 In the event that notice of termination is provided by Model to dd’s playhouse, any sums due and owing to Model shall be payable within thirty days after dd’s playhouse receives written notice of such termination.
6.5 MODEL AGREES AND UNDERSTANDS THAT DDSPLAYHOUSE WEB SITE IS PROVIDED BY DDSPLAYHOUSE ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OR GAURANTEES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE, OR WARRANTIES OR GAURANTEES OF PROFITABILITY
OR CUSTOMER USAGE. NO ADVICE OR INFORMATION GIVEN BY DDSPLAYHOUSE, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, CONTRACTORS, OR OTHER REPRESENTATIVES SHALL CREATE A WARRANTY OR GAURANTEE OF ANY KINF WHATSOEVER.
6.6 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MODEL SPECIFICALLY ACKNOWLEDGES THAT DD’S PLAYHOUSE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF SUBSCRIBERS OR OTHER CONTENT PROVIDERS AND THAT THE RISL OF INJURY FROM FOREGOING RESTS ENTIRELY WITH MODEL.
6.7 Model acknowledges that this Agreement and all agreements incorporated by reference herein may change from time to time, via print, electronic, e-mail, link to web page, click through agreement, or any other media or method dd’s playhouse chooses. Therefor, it is important for the Model to read all such notices as listed above when announced via the web site. For any and all notice requirements stated in this agreement, email notice is valid written notice. Notwithstanding anything to contrary in this agreement, dd’s playhouse’s act of posting these changes online or e-mailing them to Model and MODEL’S CONTINUED USE OF DD’S PLAYHOUSE WEB SITE, AND/OR MODEL(S) ACT OF CASHING OR DEPOSITING THE USER REVENUE CHECKS/OR DEPOSITS SENT BY DD’S PLAYHOUSE, IS MODEL’S MEANS OF MANIFESTING ACCEPTANCE TO THE TERMS OF THIS AGREEMENT AND/OR ANY SUCH DD’S PLAYHOUSE MODIFICATION TO THIS AGREEMENT.
6.8 This agreement, including the RECORDS KEEPING COMPLIANCE FORM PURSUANT TO 18 U.S.C. ‘ 2257 and those portions of the policies stated on the dd’s playhouse web site, are expressly incorporated by reference herein and constitute the entire agreement between Model and dd’s playhouse relating to the subject matter of the Agreement and shall supersede any prior agreements between Model and dd’s playhouse. In the event that any policy, terms of service supplementary agreement contradict the terms stated in this Agreement, the terms of this Agreement shall prevail.
6.9 This agreement has been made in, and shall be enforced in accordance with the laws of the Province of British Columbia, Canada and in the United States of America.
6.10 This agreement may be executed in counterparts, which together shall constitute one Agreement. Any signature delivered by a party via facsimile transmission shall be deemed to be original signature hereto and binding upon receipt.
7. Advertising - Terms of Service – Acceptance of Terms
ddsplayhouse.net welcomes you to its online service (the “Service”). By using its Service you are agreeing to the following Terms and Conditions of Service (“TOS”) whether or not you are a registered customer/Model of ddsplayhouse.net.
You Understand the service provided by ddsplayhouse.net contains content on this site is user generated. ddsplayhouse.net provides a forum for informational and entertainment purposes.
You agree that you are above the age of minority in the jurisdiction in which you reside and where this content is accessed, as such you are legally capable of entering into this agreement and are legally allowed to possess adult material. You agree to comply with all applicable laws of the jurisdiction in which you reside. In the interest of providing a safe and enjoyable service you agree to report activity you know to be illegal or would violate these terms of service.
You understand that these terms of service may be updated from time to time without notice to you. When using any ddsplayhouse.net Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into TOS.
8. Description of Service
The services provided by ddsplayhouse.net include, but are not limited to, classified advertisements, live chat, forum, social networking, text messages and email services (collectively referred to hereafter as “the Service”). Any new features, Services and enhancements to ddsplayhouse.net are subject to the TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behaviour, ddsplayhouse.net can delete content or discontinue their ability to use the site.
You are totally responsible for any activity that takes place under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify ddsplayhouse.net immediately. It is up to you to maintain the confidentiality of your password and username.
Messages and data rates may apply for mobile use. You are totally responsible for the actions which are triggered on ddsplayhouse.net by the use of your mobile device. (meaning if you are using your mobile/or any device to use ddsplayhouse.net Services you are solely responsible for any charges that may occur from your device carrier, such as data, text messages or phone calls, etc.).
You understand that you may receive business-related communications from ddsplayhouse.net such as Service announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new ddsplayhouse.net properties, shall be subject to the then current TOS.
9. Rules of Behaviour
9.1 You are solely responsible for your own communications and Content including any data, images, graphics, text, audio, video, email, links, screen names you post to the site. You agree to use the Service to post and receive communications and Content that are legal.
9.2 You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
9.3 You must not upload, post or link to any material that is defamatory, infringing, libelous, racially or ethnically, hateful, objectionable, or unlawful or promotes or provides instructional information about illegal activities.
9.4 We ask that you respect the privacy of other users.
9.5 You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without written permissions from the Third Party, which permissions you agree to disclose to us on request. You must not download any material that you know or reasonably should know cannot be distributed legally.
9.6 You agree not to impersonate another person or entity.
9.7 You must not use ddsplayhouse.net Service for any illegal or unauthorized purpose. This includes but not limited to spamming.
9.8 You must abide by all applicable Federal, State and local laws with respect to your online conduct and acceptable use of Content as well as the export of data to your country or residence.
9.9 You cannot modify or delete any Content and communications of ddsplayhouse.net and or of other individuals other then your own.
9.10 You must not transmit any viruses, worms, defects, or any items and/or code of destructive nature.
9.11 You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Service.
9.12 You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
9.13 You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
WHILE DDSPLAYHOUSE.NET EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT DDSPLAYHOUSE.NET SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OR BAHVIOUR, DDSPLAYHOUSE.NET CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE. 10. Content
As a registered user, you will be able to upload and post a great variety of Content, including but not limited to text, audio, photographs, videos, graphics and other materials (“Content”). This means that you have sole responsibility, not ddsplayhouse.net, for all Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behaviour relating to such Content. You write it – you’re responsible.
By using the site you agree to comply by not posting any obscene or lewd graphics or photographs and videos. Content posted cannot solicit directly or indirectly or in “coded” fashion for ANY illegal service, including the exchange of sexual favors for money or other valuable consideration. Content posted cannot exploit minors in any way. Content posted cannot in any way constitute or assist in human trafficking.
Notwithstanding the foregoing, ddsplayhouse.net shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with the use of any content. In this regard, you may not rely on any other content created by other ddsplayhouse.net members/Models or otherwise created, distributed and displayed on any part of the Service.
The Content created shall be owned by you, or you will have been granted prior
permission to use it. ddsplayhouse.net does not own any of the Content you post. By placing Content on the Service you are providing ddsplayhouse.net with a worldwide, royalty-free unlimited, non-exclusive license, for as long as the content is part of your profile to publicly display, modify, reproduce and distribute your Content on the site for editorial, promotional and sales of the site. ddsplayhouse.net reserves the right to syndicate or promote and sell this Content in connection with the promotion of the Service and other Services offered by ddsplayhouse.net.
ddsplayhouse.net shall have no responsibility for enforcing any rights you claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify ddsplayhouse.net with respect to any claim you have that other users that you are reproducing or using their Content without permission. ddsplayhouse.net will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
You acknowledge that ddsplayhouse.net may pre-screen Content but that ddsplayhouse.net and its designees to pre-screen, refuse, move, delete, any Content that violates TOS or is otherwise objectionable.
ddsplayhouse.net may, as part of its’ service verify the authenticity of certain content as described in detail in the posting guidelines. ddsplayhouse.net offers this service but does not warrant its’ absolute effectiveness.
ddsplayhouse.net may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, to protect the rights, property or personal safety of ddsplayhouse.net, its users and the public.
ddsplayhouse.net provides services that enable authorized users to communicate or otherwise share information or content with other users or persons regarding the
provision of good or services. Insofar as ddsplayhouse.net provides such service, and you elect to use of the service, you AGREE to NOT post, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material (i.e. pictures, video, written words, audio recordings, illustrations, logos) which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person.
You acknowledge that posting or otherwise communicating such content that violates the law of any country, or political subdivision thereof, is strictly prohibited by ddsplayhouse. Disseminating content in violation of any laws, regulations or these terms of service shall constitute a material breach of this Agreement entitling ddsplayhouse.net, without notice and without liability for damages or reimbursement to you, immediately terminate your rights to access this service.
The Service may provide, or third parties including ddsplayhouse.net members, may provide links to other World Wide Websites or resources. ddsplayhouse.net has no control over these sites and Content and therefore you acknowledge that ddsplayhouse.net is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising products, or other materials made available on or from these linked websites. You also acknowledge and agree that ddsplayhouse.net is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of Content, good or Services offered through these links or any failures and /or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
YOU AGREE THAT DDSPLAYHOUSE.NET CAN REQUEST YOU TO DISABLE ANY LINK YOU HAVE POSTED AND HAS THE RIGHT TO DISABLE THE LINK WITHOUT NOTICE TO YOU.
You agree to indemnify and hold ddsplayhouse.net, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, made by arisingout of your use of the Service in violation of the TOS and/or your violation of any rights of another.
13. Financial Policies
You agree not to, without the express prior written consent of ddsplayhouse.net:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the service or Content you do not own, or (c) access to the service or Content you do not own.
ddsplayhouse.net retains the right to adjust, modify or supplement rates charged for Service such changes may be posted in these terms of service, without prior notice.
ddsplayhouse.net shall not issue cash refunds and any billing errors reported will be directed to our billing service provider for resolution.
14. Modification and Termination of the Service
ddsplayhouse.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ddsplayhouse.net will not be liable to you or any third
party for any modification, suspension or disconnection of the Service.
16.1 In order to use certain aspects of the Service you are required to register. We refer to registered users as dd’s playhouse Models, dd’s playhouse Members and dd’s playhouse Clubhouse Members. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement.
16.2 In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under applicable laws of the jurisdiction in which you reside.
16.3 You also agree to provide true, accurate, and complete information as required on the Service’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, ddsplayhouse.net has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
16.4 You agree that ddsplayhouse.net may, under certain circumstances and without prior notice immediately terminate your ddsplayhouse.net account, any associated username and/or access to the Service. Cause for such termination shall include, but not limited to: i) breaches or violations of the TOS or other policies, guidelines or rules, ii) extend periods of inactivity, iii) your engagement in fraudulent or illegal activity, iv)unexpected technical or security issues, and v) requests by law
enforcement or other government agencies. You also agree that any termination is in ddsplayhouse.net’s sole discretion and that ddsplayhouse.net will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service.
16.5 You agree that your account is non-transferrable and any rights to your account, password, username, terminate upon your death.
16.6 You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact ddsplayhouse.net immediately. It is up to you to maintain the confidentiality of your password and account. Ddsplayhouse.net is not responsible or liable for any loss or damage arising from your failure to comply with the provisions if these terms.
17. Practices regarding Use and Storage - You acknowledge that ddsplayhouse.net may establish general practices and limits regarding use of the Service including without limitation the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on ddsplayhouse.net’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that ddsplayhouse.net has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service. You acknowledge and agree that ddsplayhouse.net reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that ddsplayhouse.net has the right to modify these practices and limits form time to time.
18. Ddsplayhouse.net Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is the property of ddsplayhouse.net and its licensors and is
protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by ddsplayhouse.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.. You also acknowledge ddsplayhouse.net’s exclusive rights in the dd’s playhouse trademark and service mark.
19. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. ddsplayhouse.net EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PATICULAR PURPOSE AND NON-INFRINGEMENT.
DDSPLAYHOUSE.NET MAKES NO WARRANTY THAT I) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QAULITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOU EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from ddsplayhouse.net or through the Service shall create a warranty not expressly stated in the TOS.
20. Limitation of Liability
You expressly understand and agree that ddsplayhouse.net will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss profits, goodwill, use, data, or other intangible losses (even if ddsplayhouse.net has been advised of the possibility of
such damages), resulting from the use or the inability to use the Service, unauthorized access to or alteration or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the service, the cost of procurement of substitute good and Services purchased or obtained or messages received or transactions entered into though or form the Service or any other matter relating to the Service, and in no event will ddsplayhouse.net be liable for any amount of money.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of Canada and United States of America without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the courts of Canada and United States of America.
22. Copyright and Trademark Policy - Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of dd’s playhouse or the party that provided the intellectual property to dd’s playhouse.
dd’s playhouse and any party that provides intellectual property to dd’s playhouse retain all right with respect to any of their respective intellectual property appearing in this site. All contents of dd’s playhouse’s websites are: Copyright 2020 dd’s playhouse. All rights reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide dd’s playhouse’s copyright agent the written information specified below.
Please note that this procedure is exclusively for notifying dd’s playhouse and its affiliates that your copyrighted material has been infringed. Please include the following
a) An electronic or physical signature of the person authorized to act on your behalf
of the owner of the copyright interest:
b) A description of the copyrighted work that you claim has been infringed upon; c) A description of where the material that you claim is infringing is located on the site, including the current website address; d) Your address, telephone number, and e-mail address; e) A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law; f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
dd’s playhouse’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Attention: Copyright Agent, Email:
23. General Information
The failure of dd’s playhouse.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties’ intensions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in TOS shall be construed to constitute either party as a partner,
employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
You agree that regardless of any statue or law to the contrary, any claim or cause of action arose or be forever barred.
*What’s expected from a dd’s playhouse Model..
*Post in your Public and Private Photo, Video, and Daily News Gallery weekly to help advertise your services and to let other members know that you are an active and available participant.
*Please DO NOT USE the dd’s playhouse website platform to engage in conversation about meeting up directly with a member in person (unless it is in RolePlay Fantasy this includes no specific dates, time or location discussed/exchanged). This Is a MUST NOT DO, If you are caught doing so your Model Account will be Terminated Indefinitely! If you want to advertise your personal Live Service that’s fine but please do not discuss meeting up with members on the site. You can do so through your own private contact information. If you are a Monthly Paid Advertiser then you can exchange your personal e-mail and direct phone number anywhere on the dd’s playhouse website platform.
*Please do not have copyrighted Music or T.V. broadcasting noise in the back ground when filming a video or recording audio, this also applies to all unauthorized Age Verified users.
*Please be aware of your photos and video footage that there are no undocumented persons, animals, children’s toys and name brand products of other companies displayed in the background.
*Please have personal ethics, integrity and be honest with your services offered. Please do not give the consumer false advertising. If you sell a service be sure to delivered as promised.
*A fee of $300.00 Dollars a month in your Country’s currency is payable on the ……. of each month and are required to have and maintain your dd’s playhouse Model Account and use of ddsplayhouse.net for your Advertising Services.
ddsplayhouse.net will pay out dd’s playhouse Model’s 50% of the Model’s Clubhouse Membership sales and 70% of WebCam sales that the Model generates while in a live session with a ddsplayhouse.net playhouse/clubhouse member.
No hold or reserves on your paid webcam sessions when using the dd’s playhouse website platform service, unless the funds cannot be collected from the dd’s play/clubhouse member. Chargebacks will apply to the Model if ddsplayhouse.net member’s dispute a problem directed to the Model.
ddsplayhouse.net work week is from Sunday to Saturday and payouts will be generated the following Monday bi-weekly. All payments to dd’s playhouse Model’s are paid in US Funds. Please have a US PayPal Account to receive same U.S. currency. If you need to have a cheque mailed out to you then your minimum to receive payment is $100. US Dollars. All paid revenue to the Model has a $5.00 processing fee that will be charged each time of the bi-weekly pay out. If you have a Canadian or Canadian US bank account then direct deposits and possible e-transfer can be made available depending on your branch services.
When you signup to ddsplayhouse as a model you acknowledge you have read and agreed to the Terms and Conditions of this agreements and in its entirety.