VIDEOCHAT GENERAL RULES

INTRODUCTION

Members have full access to Videochat's functions.

Members agree to observe these conditions of use. If you do not accept them, you will not be allowed to join.

By signing-up for one or more services and using the site, members are indicating their complete acceptance of these rules. By checking the box, "I have read the general conditions of use and accept them," in the lower part of the page, the member agrees that he/she is bound by these conditions of use.

Article 1. ACCESS AND ENROLLMENT

The equipment (computer, applications, means of remote communication, etc.) that allow access to the services, as well as the cost of the remote communication connection that allows their use, are the member's exclusive responsibility.

To enroll, you must be at least 18 years old and fill-in all the required fields on the enrollment form.

The member guarantees that the information provided is true and correct. The member will immediately notify us if any of the information provided at the time of enrollment is changed and, if necessary, will make those changes directly and personally.

If the indispensable conditions for enrollment are satisfied, each member will have a username and password, which are strictly personal and may not be shared with third parties. The service will not be liable in any way for a member's loss of a username and/or password.

We reserve the right to close a user's account without warning if this information is used in a way contrary to its purpose.

The member will be solely responsible for the use of these pieces of identification by third parties or actions and statements made through his/her account, whether fraudulent or not. The member will indemnify us against any claim in that regard. Videochat does not have the means to verify the identities of the people who sign-up for its services and, for this reason, we cannot be liable if a member's identity is abused. If a member has reason to believe that someone is using his or her identification information, he/she must notify us by e-mail.

We reserve the right to cancel the accounts of members that have not used the service for 6 months, or more. The date used to calculate the length of this period will be the date of the last connection to the site.

Article 2. USE OF VIDEOCHAT

After enrolling and, on the condition of having a username and password, the member will be allowed to access the available services. ATELIER NOIRE LTD undertakes to keep the member updated about new features and services on the site.

In particular, when using the services, the member undertakes to:

Respect the current law of the country in which the service is being used and the rights of third parties.

Not to use Videochat for professional or commercial purposes (searching for customers, soliciting or prostitution) dealing with material about minors and explicit pornographic material. The use of Videochat, or any of its free and for-charge services, to directly or indirectly publicize other sites or commercial activities or, in any case, other forms of contract, without explicit authorization, is absolutely forbidden.

It is absolutely forbidden to exchange e-mail addresses or MSN or Yahoo contact information, or similar.

The user must not, in any way, attempt to get around the on-line filters whose purpose is to limit the display of some information that is reserved to other categories of members, or paying members.

Do not use Videochat to destabilize the community, act offensively or in any way intended to create unease or disturb members.

Users who will make use of services offered by their partners will be directly responsible for their own actions (Videochat, private rooms, ads, etc.)

Only publish and distribute true information or content.

Do not use expressions or publish content in any form that infringes on the rights of third parties or that have a defamatory, insulting, obscene, offensive or violent character or that incite political, racial and xenophobic violence and, in general, content contrary to the purpose of Videochat as well as current law and moral standards. In particular, photographs, videos and any other information or file provided by a member must refer exclusively to the member.

Do not publish, or distribute in any way, information or content that has the effect of diminishing, disorganizing or obstructing the normal use of services, or interrupting and/or slowing the normal flow of communication between members through services such as applications, viruses, Trojan horses, sending mass e-mails (spam), etc.

Do not publish or distribute in any form, information or content that includes connections to other sites of an illegal character, contrary to morality and/or not conforming to the purpose.

Except for the dispositions in the "Cancellation" clause, in the case of a violation by a member of one or more of these rules, ATELIER NOIRE LTD reserves the right to block the account of the member involved and automatically delete controversial messages, blocking the publication of the member's profile, in whole and in part, and/or blocking access to services either temporarily or permanently.

ATELIER NOIRE LTD will not be liable for false statements made by a member. For this reason, we recommend that members take precautions when meeting other members. ATELIER NOIRE LTD assumes no liability for meetings between members on Video or during meetings between members and non-members following the use of the site and its services.

In this regard, ATELIER NOIRE LTD reminds members that they may not divulge information that allows them to be identified, such as last name, mailing address, fixed or cellular telephone number, to other members.

Article 3. INTELLECTUAL PROPERTY

3.1 Content Divulged

The trademarks, logos, graphics, photographs, animations, videos and images transmitted in Videochat and in text contained in the site is the intellectual property of ATELIER NOIRE LTD and may not be reproduced, used or shown without the explicit authorization of Webart, on penalty of legal action.

The rights of use that ATELIER NOIRE LTD grants members are strictly limited to access, downloading, printing, reproduction on any media (hard disk, diskette, CD-ROM, etc.) and the use of these documents for private and personal purposes in the context, and for the duration, of their membership in Videochat. Any other use by the member without Webart's authorization is prohibited.

In particular, the member may not modify, copy, reproduce, download, publish, transmit, commercially exploit and/or in any way distribute the site's services and pages or the computer code of the elements that comprise the services and the site.

3.2 Content Divulged by Members

ATELIER NOIRE LTD is the owner of the intellectual property rights for the content provided by members for the purpose of publication on the site that are automatically issued by the member from the moment in which he/she enrolls and accepts the conditions of use.

In particular, this license includes ATELIER NOIRE LTD's right to reproduce and show content concerning the member (information, images, video, streaming in videochat, etc.), on all or part of the site, in e-mail communications by ATELIER NOIRE LTD and in any programs or advertising. This license allows ATELIER NOIRE LTD to modify said contents for the purpose of matching the graphic appearance of the site and/or to make them compatible with the relative technical services. The member may not copy, reproduce or in any way use content about other members except for the strict needs of using the services for personal and private purposes.

Article 4. PRICE AND METHOD OF PAYMENT

Members must have credits to use the services. Members may purchase credits with a credit card (over the Internet or by telephone) or by bank wire transfer.

Videochat allows members to view the files of other persons who are also members. The cost for viewing these files are different and set by the users. In any case, the price and method of payment for the various services are constantly available on the site and, later, at the time of the display and use of the services that the member wishes to buy.

Purchased credits appear in the members account almost simultaneously with the validation of the credit card transaction, the cashing of the check or the end of the telephone communication on the Audiotel numbers provided for that purpose. The credits purchased may be spent within 90 days from their purchase.

Purchase by credit card over the Internet, by telephone or bank wire transfer does not imply automatic renewal.

Article 5. CANCELLATION OF THE CONTRACT

Each member may cancel his or her own membership in Videochat at any time, and without giving a reason, in the section of the site provided for this purpose. Upon cancellation, unused credits are not refunded.

Except for, and without affecting, other rules in these conditions, upon a violation of these rules by the member, ATELIER NOIRE LTD reserves the right to suspend and cancel the account without notice, without refunding unused credits, and/or to take legal action against the member.

This cancellation will be with full rights under the law, except for, and without affecting, all damages and interest that ATELIER NOIRE LTD may claim in compensation for damage suffered due to these violations.

The member will be informed of the cancellation, or the confirmation of the cancellation, of their account by e-mail.

Article 6. LIABILITY AND GUARANTEE

6.1 Information and Content Provided by Members

The information provided by the member must be true and correct. Members are exclusively responsible for any information about their lives that they divulge.

ATELIER NOIRE LTD will not be liable for the correctness or inexactness of information and content provided by members and/or visitors to the site. Similarly, ATELIER NOIRE LTD will not be liable for content divulged by a member that could violate the rights of one or more other members.

In the event that ATELIER NOIRE LTD is found to be liable for a member's violation of the obligations deriving from current law or these conditions of use, the member undertakes to indemnify ATELIER NOIRE LTD and hold it harmless against any judgment against it. This guarantee covers any damages, legal fees and expenses that will be charged to ATELIER NOIRE LTD

6.2 Operation of the Site and its Services

The member must have the skills, equipment and applications necessary for using the Internet or, if necessary, the Internet, telephone via Audiotel or SMS services, and recognizes that the characteristics and limitations of the Internet allow guaranteeing the protection, availability and integrity of data transmissions on the Internet.

Given these conditions, ATELIER NOIRE LTD does not guarantee that the services will work without interruption or problems. In particular, their use may be temporarily interrupted for maintenance, updating, technical improvement, modifying the content or the relative presentation methods. To the extent possible, ATELIER NOIRE LTD will give members advance notice of maintenance or updating. Members will not hold ATELIER NOIRE LTD responsible for the operation and use of the services.

Similarly, ATELIER NOIRE LTD cannot be considered liable for any malfunctions, inability to access or bad conditions of use of the side imputable to unsuitable equipment, dysfunctions internal to the member's access supplier, network traffic and any other reason not imputable to ATELIER NOIRE LTD

6.3 Connections

The site may provide, or third parties may include, connections to other web sites or other Internet sources and form an affiliation with Videochat. Since ATELIER NOIRE LTD does not control these other sites and external sources, it cannot be considered liable for their availability or content, advertising, products and services or anything else available from those sites or external sources. The administrator or webmaster of that site must be notified of any connection problems. The consultation and/or use of such sites and external sources are regulated by their relative conditions of use.

If the result of a search conducted on the site leads the member to consult other sites, pages or forums whose title and/or content constitutes a violation of Italian law, the member must interrupt consultation of that site; otherwise, he/she will be responsible for their own actions.

6.4 Limitation of Liability

In no case will ATELIER NOIRE LTD be liable for indirect damage suffered by a member and, in particular, for loss of data (including copies) or recordings made by the member, since it is the member's responsibility to make backup copies.

Article 7. AGREEMENT BETWEEN THE MEMBER AND ATELIER NOIRE LTD

These conditions of use, as well as the pages of the site to which they refer, constitute the contract that governs relations between the member and ATELIER NOIRE LTD They cancel and replace all previous dispositions not expressly cited or attached and constitute the entirely of rights and obligations of ATELIER NOIRE LTD and the member.

Article 8. MODIFICATIONS TO VIDEOCHAT OR THE CONDITIONS OF USE

ATELIER NOIRE LTD reserves the right to modify the pages of the site and the services, or have them modified, at any time.

Members are, therefore, invited to consult the most recent version available on-line on the site. The presence of the member on the site implies his/her full acceptance of any revision or modification of these conditions.

Article 9. APPLICABLE LAW AND COMPETENT JURISDICTION

These conditions of use are governed, interpreted and applied in conformity with United States law. United States courts will be exclusively competent for any disagreement relative to these general conditions for enrollment in services, including, in a non-exclusive way, their validity, interpretation, execution and/or cancellation and the relative civil and criminal consequences.

Article 10. CONTACTS

For any questions, ATELIER NOIRE LTD may be contacted by e-mail at [email protected]. For questions regarding technical support and FAQs please visit support.

Article 11. GENERAL CONDITIONS

The member specifically approves the clauses of articles 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 after carefully reading them.