ANYwebcam.com

TERMS OF USE

AGREEMENT BETWEEN USER AND ANYwebcam.com

The ANYwebcam.com Web Site under the domain name "anywebcam.com" is comprised of various Web sites and Web pages operated by ANYwebcam.com Pty Limited ACN 098 473 691 the "Web Site"). The Web Site allows registered users to:

broadcast and view pictures using digital cameras;
enter competitions, including the photo competition;
chat online; and
become a Free, Standard, Gold or Silver Member.

The use of the Web Site is governed by these terms of use ("Terms of Use"), the privacy policy ("Privacy Policy"), the code of conduct ("Code of Conduct"), the adult area disclaimer ("Adult Area Disclaimer") and all other codes, ratings systems or guides displayed on the Web Site from time to time). The Privacy Policy, Code of Conduct, Adult Area Disclaimer and all other codes, ratings systems or guides displayed on the Web Site from time to time form part of these Terms of Use. Your use of the ANYwebcam.com Web Site constitutes your agreement to the Terms of Use, Privacy Policy, Code of Conduct and all other codes, ratings systems or guides displayed on the Web Site from time to time.

Additional services, goods and functionality (for example, sweepstakes or chat areas) may be offered on the Web Site from time to time. Special terms may apply to those additional services, goods or functions.

In the event that these Terms of Use conflict with any such special terms then the Special terms of use will prevail.

MODIFICATION OF THESE TERMS OF USE

ANYwebcam.com reserves the right to change these Terms of Use including but not limited to the charges associated with the use of the Web Site. These are the current Terms of Use. They replace any other terms of use for the Web Site published on the Web Site to date. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Web Site following modification and publication of these Terms of Use will be deemed acceptance of such modifications.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.

YOUR DETAILS

You acknowledge that it is your responsibility to ensure that any information that you provide to ANYwebcam.com is accurate and up to date. In particular, you are responsible for and must ensure that the email address you provide ANYwebcam.com is accurate and that your disclosure of your email address does not infringe your employer's email policy.

If you need to amend any details that you have provided to ANYwebcam.com, you can access the "Edit My Account" section on the Web Site and update or amend as necessary.

ADULTS ONLY WEB SITE

The Web Site is restricted to only those people who are 18 years of age or older, or 21 years of age depending on the laws regarding Legal Age in your community. When applying to become a member of the Web Site you are declaring that:

I am of legal age and I am not prohibited by the law of my country, state or local community to possess or view sexually explicit material.
I do not object to or find explicit material offensive.
I understand if I misrepresent my age, I may be in violation of my local, state and federal laws and I take full responsibility for my actions
I hereby release and discharge the owners and management of this site from any and all liability that might arise.
I will take all responsibility for ensuring that I do not allow minors to view or access this site or to provide any content that includes persons under the legal age or representations of persons to give the perception that they are under legal age.

USER NAME AND PASSWORD

You agree that:

you will not send or disclose to any other person or allow any other person to use your user name or password;
your user name and password are personal to you and are not transferable;
you will not keep your user name or password in any form, whether encoded or unencoded, in a location where it is capable of being copied or used by any person other than you; and
you are solely responsible for any loss caused by use of your user name or password by you or any other person, including any use not approved or contemplated by you.
ANYwebcam.com reserves the right to take civil and/or criminal action against persons who distribute or make available their account password to any other person.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of ANYwebcam.com and ANYwebcam.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. ANYwebcam.com is not responsible for webcasting or any other form of transmission received from any Linked Site. ANYwebcam.com is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement or approval by ANYwebcam.com of the Linked Site or any association with its operators.

Subject to any applicable laws which cannot be excluded, ANYwebcam.com makes no representations or warranties:

regarding the quality, accuracy, merchantability or fitness for purpose of Linked Sites or the contents, products or services available through Linked Sites;
that the contents of a Linked Site does not infringe the intellectual property rights of any person; or
that by linking the Web Site to the Linked Site, ANYwebcam.com is authorising the reproduction of any material on those Linked Sites.

All content, information, offers to sell and statements relating to goods and services available on a Linked Site are the responsibility of the operators of the Linked Site. If such content, information, offers and statements are made on the Web Site, such offers and statements are made by ANYwebcam.com on behalf of the operators of the relevant Linked Site. ANYwebcam.com expressly disclaims acting in any other respect on behalf of Linked Site operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to ANYwebcam.com that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Web Site in any manner which could damage, disable, overburden or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

USE OF COMMUNICATION SERVICES

The Web Site may contain chat areas, news groups, forums, communities, personal web pages, links to webcam broadcasts and/or other message or communication facilities designed to enable you to communicate with other members or with a group of members (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are not adequate and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any fraudulent, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents or licences;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Advertise, promote or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services;
Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
Use, publish, post, harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
Violate any applicable laws or regulations or encourage conduct that would constitute a criminal offence.

ANYwebcam.com has no obligation to monitor the Communication Services. However, ANYwebcam.com reserves the right to review materials posted on a Communication Service and to edit, modify or remove any materials in its sole discretion. ANYwebcam.com reserves the right to suspend or terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ANYwebcam.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

You acknowledge that each Communication Service is a public service. Always use caution when giving out any personally identifying information about yourself or your children on any Communication Service.

ANYwebcam.com does not control, approve or endorse the content, messages or information found in any Communication Service and, therefore, ANYwebcam.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Moderators and operators are not authorized ANYwebcam.com agents or spokespersons and their views do not necessarily reflect those of ANYwebcam.com.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ANYwebcam.com OR POSTED ON THE WEB SITE

ANYwebcam.com does not claim ownership of the materials you provide to ANYwebcam.com (including feedback and suggestions) or post, upload, input or submit to any Web Site or its associated services (collectively "Submissions"). However, by posting, publicly broadcasting, uploading, inputting, providing or submitting your Submission you are granting ANYwebcam.com, its affiliates, related bodies corporate and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to sublicence, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your member name in connection with your Submission.

No fee, royalty or compensation will be paid with respect to the use of your Submission, as provided in these Terms of Use. ANYwebcam.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ANYwebcam.com's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON THE ANYwebcam.com WEB SITE

Unless otherwise indicated, software that is made available to you to download from the Web Site are third party products ("Third Party Software"). Your use of the Third Party Software may be governed by the terms of an end user license agreement which accompanies or is included with the software ("Third Party Licence Agreement"). You may not install or use any Third Party Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.

To the extent permitted by law, ANYwebcam.com accepts no liability in respect of the Third Party Software and gives no endorsement and does not provide technical support in relation to the Third Party Software.

For any other software on the Web Site ("ANYwebcam.com Software") which is, accompanied by or includes a licence agreement ("ANYwebcam.com Licence Agreement"). You must agree to the ANYwebcam.com Licence Agreement before downloading the ANYwebcam.com Software. If the ANYwebcam.com Software is not accompanied by an ANYwebcam.com Licence Agreement, ANYwebcam.com hereby grants to you, the user, a personal, non-transferable, non-exclusive license to use the ANYwebcam.com Software for viewing and otherwise using the Web Site in accordance with these Terms of Use and for no other purpose, provided that you keep intact all copyright and other proprietary notices.

Third Party Software and ANYwebcam.com Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Third Party Software and the ANYwebcam.com Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE THIRD PARTY SOFTWARE OR ANYWEBCAM.COM SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

PAID STANDARD, SILVER AND GOLD MEMBER SUBSCRIPTIONS

The Web Site allows users to:

have general access to the Website for no fee for a limited time; or
subscribe to become Standard, Silver or Gold Members for a fee.

The features and benefits offered to different levels of membership may be changed without notice. Members should check site news and the product details web pages for current features and benefits.

If you subscribe to become a Standard, Silver or Gold Member, you will be charged either a monthly fee, an annual fee, a 6-monthly fee or a "lifetime" fee (as you nominate on subscription or when upgrading your subscription). With the exception of Lifetime fees, your subscription will be automatically renewed unless cancelled by you one day prior to the renewal date (using the Cancel Membership section of the BillingSupport.com Web Site) or please visit Paycom.net, our authorized sales agent. or other relevant billing organisation which appears on a member's credit card statement.

Lifetime fees are intended to provide continuation of the applicable paid membership level for as long as the Web Site operates. However, ANYwebcam.com�s responsibility extends only to the equivalent period that the amount of the Lifetime Fee would provide if used to purchase monthly subscriptions.

Silver and Gold Members must pay subscription fees by VISA, Master Card or Discover credit cards only. Fees will be debited in advance.

All fees are inclusive of GST where applicable.

Subscription charges from Paycom.net will appear on your credit card statements a "Paycom.net *Anywebcam". All other transaction providers display subscription charges as the name of the transaction provider.

Paid memberships may not be transferred to any other person or any other member username.

ANYwebcam.com does not provide refunds unless extraordinary circumstances apply. ANYwebcam.com may in its sole discretion, however, grant credits in the form of free time and provide discounts if a member experiences technical difficulties that the member is able to demonstrate that he or she has used best efforts to resolve. If you believe you have a legitimate right to a refund, you must contact ANYwebcam.com explaining your specific situation.

ANYwebcam.com reserves the right to suspend or terminate the membership or subscription of any member at its sole discretion, whether due to misconduct or otherwise. If such termination occurs, the member's subscription will be forfeited and no further fees will be charged to the member.

To complete your purchase, you will be transferred to the secured server of JETTIS.COM Inc., a California corporation, ("Processor"). Processor is an independent company providing credit card and check processing services, and other merchant banking services, to website operators, such as the owner and operator of this Web Site. Processor offers complete SSL encryption technology, which provides greater security for your transaction. Processor provides such credit card and check processing services for many web sites.

Neither Processor, nor any person or company related to Processor, holds any ownership interest in this Web Site, nor receives any financial benefit from this Web Site, other than a fee paid by the owner of this Web Site to Processor for each transaction Processor processes for the Web Site. Processor is neither a co-owner or, nor a partner, nor joint venturer with the owner of this Web Site; instead, Processor is merely an independent contractor providing services to the owner of this Web Site on an arms length, contractual basis under specific, limited terms and conditions.

Processor HAS NO CONTROL OVER THE WEB SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Web Site, or the geographical areas into which the Client disseminates, broadcasts or otherwise distributes or permits the downloading or access of the content or services offered by the Web Site. Processor has not reviewed the content of this Web Site or the products and/or services offered hereon, has not approved or disapproved same, and has not and will not monitor the Web Site or its content and/or products on an ongoing basis. Given the large number of sites for which Processor provides such independent credit card and check processing services, and the ease and frequency with which a web site operator can and does change his, her, or its site, content and/or products and services, such monitoring would be impossible. Accordingly, Processor makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. Processor expressly disclaims any warranties of merchantability or fitness for a particular purpose with respect to this Web Site and/or the products and services offered hereon. Any disputes arising in connection with this Web Site, or the products and/or services being offered/purchased, are ultimately matters between you, the customer, and the owner of this Web Site. In certain circumstances, Processor may be handling customer service for the Web Site, in which case Processor may be handling such disputes for the owner on a contract basis as part of the credit card and check processing services performed for the Web Site Owner, but without any liability therefore. In all other cases, disputes should be directed to the contact information contained on the Web Site; however, you should feel free to contact Processor in the event that you feel that the Web Site operator acted fraudulently, or you were misled in any way. Processor urges you to carefully read the Terms and Conditions on the Web Site, and to ask the Web Site operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Web Site.

By submitting your request for authorization of your transaction, you hereby acknowledge having read, understood and agreed to the terms and conditions herein stated, and agree to indemnify, defend, and hold Processor harmless from any and all claims, liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE WEBSITE. ANYwebcam.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATIONS, PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ANYwebcam.com, ITS AFFILIATES OR RELATED BODIES CORPORATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, ANYwebcam.com, ITS AFFILIATES OR RELATED BODIES CORPORATE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS.

SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, ANYwebcam.com, ITS AFFILIATES OR RELATED BODIES CORPORATE AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANYwebcam.com ITS AFFILIATES OR RELATED BODIES CORPORATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Liability of ANYwebcam.com its affiliates or related bodies corporate for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ANYwebcam.com's option to:

the supply of the goods or services again;
the repair of the goods; or
the payment of the cost of having the goods or services supplied again or repaired.

YOUR LIABILITY

You will be liable for, and you indemnify ANYwebcam.com on demand against, any loss, liability or damage which ANYwebcam.com has suffered or may suffer because you did not observe your obligations under these Terms of Use Privacy Policy, Code of Conduct or Adult Area Disclaimer or you, or a user using your user name and password, acted negligently or fraudulently when using the Web Site.

TERMINATION/ACCESS RESTRICTION

ANYwebcam.com reserves the right, in its sole discretion, to suspend or terminate your access to any or all of the Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of Victoria, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and ANYwebcam.com as a result of this agreement or use of the Web Site.

ANYwebcam.com's performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of ANYwebcam.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by ANYwebcam.com with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified in these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer constitute the entire agreement between the user and ANYwebcam.com with respect to the Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ANYwebcam.com with respect to the Web Site.

A printed version of these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ANYwebcam.com may assign or transfer ownership of and benefits of the agreement between you and ANYwebcam.com recorded by these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer in relation to the Web Site to a third party at any time without your consent.

COPYRIGHT AND TRADEMARK NOTICES

Copyright in the contents of the Web Site is owned or licensed by ANYwebcam.com, P.O. Box 454, Prahran, Vic, 3181 Australia. Except where necessary for viewing and using the contents of the Web Site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no content may be reproduced, adapted, performed in public or transmitted in any form by any process without the specific written consent of the copyright owner.

The names of the companies and products mentioned on the Web Site may be the trade marks of their respective owners. "ANYwebcam.com" is the trade mark of ANYwebcam.com.

Any rights not expressly granted herein are reserved.

AFFILIATE AGREEMENT

By becoming a member of the ANYwebcam.com website, you may also take advantage of the ANYwebcam.com Affiliate Program. By completing an affiliate registration form on the website, you are agreeing to the Terms of the Affiliate program as follows:

Program summary:

The Affiliate wishes to refer Prospective Members and/or Prospective Sub-Affiliates to ANYwebcam.com.
ANYwebcam.com will pay the Affiliate certain fees on the happening of certain events prescribed in this agreement.

Definitions and interpretation

1.1

In this agreement and the recitals:

Affiliate's Fee means the fee payable by ANYwebcam.com to the Affiliate in respect of each Qualifying Event, specified in the Schedule.

Affiliate Program means the affiliate program operated by ANYwebcam.com in relation to referrals to the ANYwebcam.com Website.

ANYwebcam.com Website means the Website specified as the ANYwebcam.com Website in the Schedule.

Business Day means a day that is not a Saturday, a Sunday, a public holiday or a bank holiday in the State of Victoria, Australia.

Confidential Information means all communications between the parties to this agreement and all data, information and other material supplied to one party by the other party or received by one party from the other party which is either marked "confidential" or by its nature intended to be confidential, and any information concerning the business transactions, financial arrangements or members details of either party coming to the knowledge of the other party which is conveyed in circumstances which indicate it is confidential, but which does not include information which is:
(a) in the public domain (other than by a breach of confidence); or
(b) required to be disclosed by law, regulation or industry code.
Without limiting the foregoing, ANYwebcam.com's Confidential Information includes Prospective Member Data, material provided to the Affiliate, in whatever form, by or on behalf of ANYwebcam.com and any personal information of a member of ANYwebcam.com.

Free Member means a member of the ANYwebcam.com Website who has not subscribed to become a Standard Member, Silver Member or Gold Member.

Gold Member means a member of the ANYwebcam.com Website who has paid the required subscription fees to obtain the benefits of the ANYwebcam.com Website gold membership.

Hypertext Link means the link connecting locations on the Internet, or Websites, to the ANYwebcam.com Website using the specific code provided to the Affiliate by ANYwebcam.com for the purpose of recording referrals from the Affiliate.

Intellectual Property Rights means copyright and neighbouring rights, all rights conferred by statute, common law or equity in or in relation to inventions (including patents), registered or unregistered trade marks, registered and unregistered designs, circuit layouts and confidential information and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

Member Data means any list or database, regardless of form, of Free Members, Silver Members and/or Gold Members.

Payment Period means a month.

Prospective Member means a person who has been referred by the Affiliate via the Hypertext Link to the ANYwebcam.com Website.

Prospective Member Data means any list or database, regardless of form, of Prospective Members.

Prospective Sub-Affiliates means a person who has been referred by the Affiliate to the Affiliate Program.

Qualifying Event means an event specified as a Qualifying Event the Schedule.

Schedule means the Affiliate registration forms completed by the Affiliate on the website, plus the current Affiliate payment schedule available on the ANYwebcam.com website.

Silver Member means a member of the ANYwebcam.com Website who has paid the required subscription fees to obtain the benefits of the ANYwebcam.com Website silver membership.

Standard Member means a member of the ANYwebcam.com Website who has paid the required subscription fees to obtain the benefits of the ANYwebcam.com Website standard membership.

Term means the period from ANYwebcam.com's acceptance of an affiliate registration up until termination under this Agreement.

Website means collections of files comprising individual screen displays and associated scripts, applets or programs all Webpages stored on a computer server running webserver software applications which are connected to the Internet.

Introductions

2.1	The Affiliate may introduce or refer to ANYwebcam.com from time to time Prospective Members and/or Prospective Sub-Affiliates via the Hypertext Link.
2.2	ANYwebcam.com will keep a record of those Prospective Members who subscribe to become Silver Members or Gold Members after being referred to the ANYwebcam.com Website in accordance with clause 2.1
2.3	ANYwebcam.com will keep a record of all Sub-Affiliates referred to the Referral Program in accordance with clause 2.1.

Affiliate's Fee

3.1	ANYwebcam.com must pay to the Affiliate an Affiliate's Fee in respect of each Qualifying Event.
3.2	ANYwebcam.com may vary the amount of the Affiliate's Fee from time to time by giving written notice to the Affiliate but any such notice shall not affect the Affiliate's Fee applicable to any Qualifying Event arising out of an introduction or referral which has been received by ANYwebcam.com at or before the time of giving the notice.
3.3	The Affiliate Fee is payable only where the Qualifying Events in a Payment Period result in an Affiliate Fee of at least $US100.
3.4	Subject to clause 3.3, the Affiliate will be paid the Affiliate Fee in the month following the Payment Period in the manner specified in the Schedule.
3.5	In the event of a dispute between the parties as to the number of Qualifying Events in a Payment Period the Affiliate agrees that the decision of ANYwebcam.com is final and binding in determining the Affiliate Fee.
3.6	The Affiliate's Fee is the only amount payable by ANYwebcam.com under this agreement.
3.7	The Affiliate's Fees include any taxes payable in respect of or in connection with this agreement, including goods and services tax, sales, excise, personal, property and other taxes, stamp duty, customer or levies but not including taxes payable on a party's income (Taxes). The Affiliate must pay all Taxes and ANYwebcam.com may deduct from the Affiliate's Fee (or be entitled for a refund from the Affiliate Fee already paid by ANYwebcam.com) any payments of Taxes which ANYwebcam.com is required to make on the Affiliate's behalf.

Role of the Affiliate

4.1	The Affiliate's role is limited to the introduction of Prospective Members and Prospective Sub-Affiliates to ANYwebcam.com as provided in the agreement.
4.2	The Affiliate must not:
	(a) make any representations concerning ANYwebcam.com's products, services or policies or the Affiliate's relationship with ANYwebcam.com;
	or
	(b) engage in conduct which is false, misleading or deceptive concerning any matter outlined in this agreement.
4.3	The Affiliate must provide to ANYwebcam.com, for ANYwebcam.com's prior written approval, all material relating to ANYwebcam.com or which includes any reference to ANYwebcam.com which the Affiliate proposes to make available for the purposes of promoting ANYwebcam.com The Affiliate must immediately comply with ANYwebcam.com's instructions regarding the removal or amendment of such material.

Hypertext Link

5.1	The Affiliate must use the Hypertext Link to direct referrals to the ANYwebcam.com Website for a valid Qualifying Event to occur.
5.2	ANYwebcam.com grants to the Affiliate for the duration of this agreement, a non-exclusive, limited licence to use those names, logos and trade marks provided by ANYwebcam.com to the Affiliate solely for the provision of the Hypertext Link. ANYwebcam.com may impose any further conditions ANYwebcam.com sees fit on the use by the Affiliate of ANYwebcam.com's name, logos and trade marks.
5.3	The Affiliate must not frame any of the ANYwebcam.com Website via the Hypertext Link.

Warranty

In addition to any conditions and warranties that may be implied by operation of law, the Affiliate warrants that:
(a)	the Affiliate does not and will not infringe any law, regulation, or industry code;
(b)	all information in relation to the ANYwebcam.com Website used by the Affiliate will at all times be accurate and not misleading by omission or otherwise;
(c)	the Affiliate will not do anything that may, in the view of ANYwebcam.com, adversely affect ANYwebcam.com's name, reputation or business; and
(d)	the Affiliate does not and will not infringe the Intellectual Property Rights of any person.

Acknowledgment by the Affiliate

7.1	The Affiliate acknowledges and agrees that ANYwebcam.com will inform all Prospective Members and Prospective Sub-Affiliates that an Affiliate's Fee will be paid to the Affiliate by ANYwebcam.com should a Qualifying Event occur.
7.2	The Affiliate must inform each Prospective Member and Prospective Sub-Affiliate that the Affiliate will receive an Affiliate's Fee from ANYwebcam.com should a Qualifying Event occur in relation to that Prospective Member or Prospective Affiliate.
7.3	The Affiliate authorises ANYwebcam.com to conduct any investigations and to obtain any credit reports necessary for the purpose of satisfying itself as to the financial standing of the Affiliate.

Records

Each month in which an Affiliate Fee is payable to the Affiliate in accordance with clause 3, ANYwebcam.com will, provide the Affiliate with online statements outlining the total number of Qualifying Events in a Payment Period.

Prospective Member Data and Member Data

9.1

Notwithstanding any other term of this agreement, all Member Data and Prospective Member Data, together with any Intellectual Property Rights in any Member Data and Prospective Member Data, is and will remain the exclusive property of ANYwebcam.com. The Affiliate hereby assigns all of its right, title and interest in the Intellectual Property Rights, if any, in the Member Data and Prospective Member Data to ANYwebcam.com.

9.2

All rights, powers and privileges with respect to Member Data and Prospective Member Data will be held solely and exclusively by ANYwebcam.com.

Indemnities

The Affiliate indemnifies and will keep indemnified and harmless ANYwebcam.com and its related bodies corporate and affiliates and their respective employees, contractors and agents against all losses, damages, liabilities, claims and expenses (including but not limited to reasonable legal costs and defence or settlement costs) whatsoever arising out of or referable to:

(a)	any dispute, claim or action alleging infringement of any Intellectual Property Rights of any person on grounds in any way related to the Affiliate's activities; and
(b)	any breach by the Affiliate of its obligations under, or a misrepresentation or breach of warranty made by the Affiliate under or in relation to, this agreement.

Termination

11.1

This Agreement will have effect from the date this Agreement is made and continues for the Term or until it is otherwise terminated under this clause 11. This Agreement is only valid where an Affiliate is a current member of the ANYwebcam.com website. This agreement and payments to Affiliate will terminate automatically when the ANYwebcam.com member name and password used by the Affiliate to register under the Affiliate program is no longer their active membername and password to access the ANYwebcam.com website.

11.2

Either party may terminate this agreement by not less than 7 days written notice to the other party at any time.

11.3

ANYwebcam.com may terminate this agreement immediately by written notice if there is any breach by the Affiliate of clauses 4, 5 or 6.

11.4

Upon termination or expiry of this agreement:

(a)	the Affiliate must permanently remove the Hypertext Link;
(b)	each party must pay to the other party any outstanding amounts due to the other party under this agreement; and
(c)	each party must deliver-up all documents and other materials, in any medium, in its possession, power or control (except for internal company documents) which contain or refer to the Confidential Information of the other party.

Confidential Information

12.1

Each party must at all times:

(a)	keep confidential all the other party's Confidential Information;
(b)	not use or reproduce any of the other party's Confidential Information other than for the purposes of this agreement;
(c)	only disclose any Confidential Information of the other party to its employees, contractors, professional advisers or sub-contractors who need to know the information for the purposes of this agreement or to enforce any rights under this agreement; and
(d)	not disclose any Confidential Information of the other party to any third party.

12.2

Each party will ensure that its personnel, external contractors and advisers are aware of the confidential nature of the Confidential Information of the other party and do not do anything which if done by the party would cause a breach of this clause 12.

General

13.1	ANYwebcam.com may assign its rights and obligations under this agreement without the consent of the Affiliate. The Affiliate may not assign its rights and obligations without the consent of ANYwebcam.com.
13.2	If a provision or any part of the agreement is void or voidable by either party or unenforceable or illegal but would not be void or voidable or unenforceable or illegal as aforesaid if it were read down and it is capable of being read down, it will be read down accordingly.
13.3	This agreement is governed by the law of the State of Victoria, Australia. The Affiliate submits to the exclusive jurisdiction of the courts in the State of Victoria, Australia.
13.4	The agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all prior understandings between the parties with respect to that subject matter.
13.5	The relationship between ANYwebcam.com and the Affiliate is that of principal and contractor. Neither the Affiliate nor the third parties engaged on behalf of the Affiliate are, and nothing in this agreement will be taken as making either the Affiliate or those third parties agents, partners, employees or servants of ANYwebcam.com, and the Affiliate and third parties engaged on behalf of the Affiliate must not make any representation that they are an agent, partner, employee or servant of ANYwebcam.com.
13.6	The Affiliate will, upon ANYwebcam.com's reasonable request, do all things necessary in order to perfect the rights granted under this agreement.
13.7	Clauses 9, 10, 11.4 and 12 survive the termination or expiry of this agreement.