Sakuralive CHAT-Work At Home,Make Your Own Schedule

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Understanding the Rules and Regulations
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Age Verification
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Understanding the Rules and Regulations
【 Age Verification 】
You must be 18 years of age or older to register.
No high school students.
Valid passport is required.
Only passports are accepted.
Please allow approximately 1 to 7 business days for processing.
【 Sakuralive Rules and Regulations 】
VIDEO CHATHOST PLATFORM Agreement 
1. Parties. This Video Chathost Platform Agreement (hereinafter "Agreement") is entered into by and between the undersigned performer (hereinafter "Performer" or "you" or possessive "your") and DTI Services, Inc. (hereinafter "Company"), a California corporation and operator of the following websites: DXLIVE (located at http://dxlive.com ), EXSHOT (located at http://exshot.com ), Caribbeancom Girls (located at http://www.caribbeancomgirl.com), and Sakura Live (located at http://www.sakuralive.com ) (hereinafter collectively referred to as "Websites" or each individually as "Website"), which Websites provide the platform on which independent video chat hosts offer live, interactive video chat sessions to paying customers. Performer is an independent Internet video content producer in the business of transmitting sound and video images through such video chat sessions (hereinafter "Content") over the Internet to paying customers. The Company, in addition to providing the platform on which such live, interactive video chat sessions are conducted, also provides various other Internet and e-commerce services to Performers, as described in detail below. It is hereby acknowledged that by entering into this Agreement, Performer is agreeing to appear and conduct video chat sessions in any and all of the Websites, and this Agreement shall cover Performer's appearance, and conducting of video chat sessions, in any and all such Websites. 
2. Service to Performers. THE COMPANY shall provide the following services to Performer (hereinafter collectively referred to as "Services"): a. THE COMPANY shall provide Website (s) pursuant to which Performer may transmit sound and video content to Performer's customers ("Customers") in accordance with each such Website's Rules and Regulations, including both live or previously recorded video and sound content via streaming, digital download and/or other available technology. b. THE COMPANY shall provide a fan club where Performer can sell additional services and products to Customers, including but not limited to, recordings of live chat sessions. c. THE COMPANY shall provide visibility for Performers's offerings on the Website (s) in a manner reasonably calculated to develop Customers for Performers's services. d. THE COMPANY shall provide a billing system whereby Performers's Customers can pay Performer over the Internet with credit cards and other payment devices. e. THE COMPANY shall establish and enforce rules and regulations as necessary to promote compliance with the laws of all jurisdictions in which it operates, the quality of its web site, and the safety and well-being of its Customers and its Performers. f. THE COMPANY shall perform comprehensive maintenance and management of the Website (s) web server system. 
3. Website Rules and Regulations a. You must have fully, truthfully, and accurately completed the age verification form attached as Addendum "A" to this Agreement, and have submitted copies of genuine documents to prove that you are of the legal age of majority in the legal jurisdiction in which you reside. b. You are not an employee or independent contractor of THE COMPANY. Other than complying with the Website's Rules and Regulations, you are free to develop and express yourself in the manner that you see fit. c. You must never give out through the Website any real personal information about yourself or another Performer or Client. Said personal information includes real names, e- mail, addresses, telephone numbers, or any other information which could cause a Customer or other person to discover your true identity or otherwise locate you. d. You must never solicit or engage in personal contact of any kind with Customers. e. All persons who appear in Performers's Video Content offerings must be over 19 years of age, or age of legal majority in the jurisdiction which he or she resides, and must sign an Associate Performer Service Agreement, as well as the Declaration attached thereto as Addendum "A," prior to appearing on your program. f. You are categorically prohibited from transmitting any of the following obscene content: Bestiality, excretory functions & bodily fluids including urination/defecation, etc (golden/brown showers/enemas, etc), fisting (all five knuckles penetrate), incest, extreme sado-masochism or bondage presented in a sexual context (depictions of rape, torture, etc), any presentation of minors engaged in intimate physical contact or sexual situations, actual or depicted, and any conduct which may be judged "obscene" by the standards of your community, or the community of those with whom you interact and to which you transmit content. g. You cannot expose nipples, genitalia, rectum, or pubic hair in a free chat window, or in any areas of the top page or cover page of the Website, including on any thumbnails appearing on such areas. This is to prevent minors from being exposed to nudity and other material that is inappropriate for them. Nudity can only be presented in pay areas where Customers have previously verified their age. h. Payment to any persons (including but not limited to models, actual human beings, partners, employees, independent contractors, etc.) who render services on and/or appear in your video content is your sole responsibility, and they shall have no claims whatsoever against THE COMPANY. i. You shall obey all laws of the city, state, province, and/or country in which you live, and your content shall also fully comply with all laws of said jurisdictions. j. You are solely responsible for all costs associated with the production of your content including the cost of purchasing and maintaining equipment. k. During the term of this Agreement, you shall not in any way simultaneously participate in, log in or transmit your image or voice as a Performer to any live web cam/video chat site while participating in or logged in as a Performer to the Website without the express written consent of THE COMPANY. l. You may not communicate with Customers regarding other locations on the Internet or other ways to contact Performers or other service providers. m. Your content shall not violate any law of copyright or trademark, and they likewise shall not infringe upon the intellectual property rights of any person or company. n. Your content shall not slander, libel or defame any person or business. o. Your content shall not contain offensive, harassing, and abusive material. p. Your content shall not contain religious or political material. q. Your content shall not promote illegal activities such as gambling or pyramid schemes. r. Your content shall not disclose confidential information such as passwords or serial numbers. s. Your content shall not incite violent and criminal activity. t. Your content shall not offend public order and morals. u. Your content shall not cause interruption of the Services, or use the Services to disrupt third party's access and use of the Services. v. Your content shall not refer any Customer with whom you made contact while you were a Performer to any competitor of THE COMPANY. Video Chathost Platform Agreement (12Feb2009) Agreement Page 2 of 5 w. Your broadcasting image must be clear, in-focus, well lit and tastefully designed. x. You must face the camera in your presentations. y. You must be actively chatting with all Customers when logged in the system. z. You shall not use bulk e-mail (spam) to promote your content. aa. You are prohibited from performing on the Website using any Performers's performer ID other than your own performer ID. If you violate any part of these Website Rules and Regulations, THE COMPANY can and may, in its sole discretion and without waiver, take one or more of the actions set forth below in Section 7. 
4. Licenses. a. Exclusive License Grant for Archived Performances, etc. Performer licenses to THE COMPANY the exclusive right to present all archived images, motion pictures, audio and text, and works derived from same, which together comprise the Performer's past and present video sessions, for the purposes of promoting the Performer and the Website (s) (including derivative, successor and/or affiliated products & services) and other internet businesses. By transmitting or providing materials to and through the Website(s), Performer automatically grants (or warrants that the owner of such rights has expressly granted) to THE COMPANY a perpetual, royalty-free, irrevocable, sublicensable, exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, Performer warrants that all so-called "moral rights" in those materials have been waived. Performer agrees that THE COMPANY shall hold all copyrights to such derivative works. Outside of the Website(s), the material may not be used for any commercial purpose without the express written consent of THE COMPANY. b. Screen Name Performer agrees that Performers's Website screen name is the exclusive intellectual property of THE COMPANY, and may therefore not be used on any other Internet service without the express written consent of THE COMPANY. THE COMPANY hereby grants to Performer, during the Term of this Agreement, a nonexclusive, limited, revocable license to use and exploit said screen name solely on the Website(s), or in any materials advertising the Website(s). Furthermore, THE COMPANY may, in its sole discretion and for any reason whatsoever, without notice modify said screen name in any manner it shall deem appropriate, or replace said screen name with a new screen name. 
5. ID and Password Management. Performer shall be solely responsible for managing its user ID and password. THE COMPANY shall not be responsible for damages caused by unauthorized use of Performers's password. Performer must promptly inform THE COMPANY of any apparent breach of security such as loss, theft, or unauthorized disclosure or use of a user ID or password. Until THE COMPANY is notified, by email, or by telephone of any breach of security, Performer will remain personally liable for any unauthorized use of the Services. 
6. Changes in Service. THE COMPANY has the right to change or add to the Services, or to suspend or terminate all or part of the Services without prior notice. THE COMPANY shall not be liable for any damages caused by such changes. 
7. Rules Enforcement. THE COMPANY is not responsible for monitoring Performers's content. THE COMPANY, may, however, take necessary action (as determined in THE COMPANY's sole discretion) to enforce the Website Rules and Regulations, or other provisions of this Agreement. If you violate any part of the Website Rules and Regulations, or other provisions of this Agreement, THE COMPANY can and may, in its sole discretion and without waiver, do one or more of the following: (1) Remove your content from the Website; (2) temporarily or permanently suspend the Services to Performer, and/or (3) terminate this Agreement between you and THE COMPANY. Additionally, due to the fact that the damages which THE COMPANY would incur as a result of a breach of any of the provisions set forth hereinabove would be extremely difficult to ascertain, in addition to any and all other remedies available to THE COMPANY under either law or in equity, Performer and THE COMPANY hereby agree that, in the event of a breach of any such provision, Performer shall be liable for liquidated damages in an amount equal to one hundred percent (100%) of all Performer Earnings payable to Performer (as set forth hereinafter in Section 13) which, as of the date of discovery of the breach in question, have not yet been paid. 
8. Termination of/Changes to Fan Club. a. Termination. Performer may terminate her Fan Club at any time by providing to the Website's webmaster at least 45 days prior notice via email or fax. THE COMPANY shall then provide a notice of acknowledgment to Performer via email or fax, and within 5 days of receipt of such acknowledgment, Performer shall post a notice on her website indicating the termination date of her Fan Club. b. Changes to Content on Fan Club site. Performer may add, delete or change the content and/or product offering on her website by providing THE COMPANY, through email or fax to the Website's webmaster, at least 10 days prior written notice describing the change in detail. c. Customers shall not be entitled to any refund in the event that Performer terminates her Fan Club or changes the Content offering on her Fan Club site. Furthermore, Performer acknowledges and agrees that in no event shall THE COMPANY, its subsidiaries, affiliates or related companies be responsible and/or liable in any way in the event of termination of and/or changes in the Content offered on Performers's Fan Club site. 
9. Interruptions in Service. THE COMPANY may shut down its Website (s) without prior notice in the event of unexpected troubles with servers, lines, disasters, or other unforeseen interruptions. THE COMPANY may also shut down its Website (s) to perform server maintenance. THE COMPANY provides no guarantees whatsoever regarding the performance of the Services, including but not limited to its reliability and usability. THE COMPANY shall not be liable for direct and/or consequential damages resulting from changes, interruptions, or cancellation of the Services, or from loss, damage to, disclosure, and/or misuse of data 
10. Performer - Customer Disputes. Disputes between Performer and Customers regarding the Performers's video, oral, or written content shall be resolved between Performer and the Customer. THE COMPANY shall not be liable for problems or damages resulting from or arising out of such a dispute. THE COMPANY is under no obligation whatsoever to resolve such a conflict. 
11. Customer Inquiries. THE COMPANY will be responsible for handling all Customer inquiries, product orders, billing and collection. Pricing of Performers's products and Video Chathost Platform Agreement (12Feb2009) Agreement Page 3 of 5 services is totally within THE COMPANY's discretion and THE COMPANY reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to Performer or Customers accessing the Website(s). THE COMPANY's only responsibility to Performer in this regard is to track Customer orders and sales that occur through the Website (s) and make reports to Performer of the sales activity and Management Fees due to THE COMPANY. All such reports shall be un-audited. THE COMPANY will have no obligation to provide Performer with any specific information relative to any Customer. 
12. Management Fees. As full payment for carrying out its obligations under this Agreement, THE COMPANY shall retain seventy percent (70%) of the Performers's Gross Realized Revenues (the "Management Fee"). "Gross Realized Revenues" as used herein are the total revenues received from charges to Customers for (a) viewing Performers's non-free content; and (b) membership to, use of and/or participation in the Performers's Fan Club, and/or the purchase of products and services therefrom; less amounts attributable to Customer charge backs, credit card fraud, bad debt write-off; and returned goods. THE COMPANY reserves the right to adjust the Management Fee in subsequent months for any product or service that is subsequently returned or refunded, or for any other reason if the previous monthly Management Fee was overpaid or later subject to reduction. THE COMPANY shall be solely responsible for paying Affiliate referral fees and Sales Revenue Management costs from its Management Fee. 
13. Payments to Performer. a. THE COMPANY shall remit to Performer an amount equal to thirty percent (30%) of the Gross Realized Revenues ("Performer Earnings"). b. Performer Earnings shall be remitted to Performeronce per month, on or about the day of each calendar month. However, payments will only be made by THE COMPANY when requested by Performer, who shall make such request by redeeming her points earned and accumulated from her chat sessions with Customers. Provided, however, that payments to Performers shall be subject to the following limitations: (1) Requests for revenues generated on or before the last day of any given month must be requested by the Performer during the period falling between the 1st and 5th day of the following calendar month, and will be paid by THE COMPANY on or about the last day of the calendar month in which said request was made; and(2) All points earned by Performer from her chat sessions must be redeemed no later than two (2) years from the time they are earned, and any points not redeemed within said two (2) year period shall become null and void, and therefore forfeited Furthermore, in the event that Performer fails to request payment, Performers's share of revenues shall be carried over to the following period (but shall cease to carry over beyond a period of two years from the date they are earned). Additionally, THE COMPANY does not send payment if the total amount due Performer is not at least $200.00. Amounts below $200.00 will accrue to Performers's account and payment will be made for the period when Performers's total achieves the minimum $200.00 
14. Bank Account Transfers. Performer will receive payment from THE COMPANY by wire transfer directly into Performers's bank account. THE COMPANY does not normally issue checks. THE COMPANY will contact Performer before Performers's first transfer is ready and Performer will be asked for the following information: name and postal address of Performers's bank, and the account name and number into which the transfer shall be made. Performer is responsible for paying fees that Performers's bank charges for receipt of wire funds. 
15. Sales Revenue Management. THE COMPANY agrees to provide to Performer revenue management services including but not limited to online billing, online sales and revenue management, fraud protection, and online sales reporting in connection with sales generated by Performer. THE COMPANY is solely responsible for all costs associated with the revenue management services. 
16. Affiliate Program. The Website (s) shall be promoted by THE COMPANY through a website administration and marketing program ("Affiliate Program") by which THE COMPANY shall be promoted by placing links to the Website (s) on other websites ("Affiliates"). THE COMPANY is solely responsible for all costs associated with the Affiliate Program including referral fees paid to Affiliates. 
17. No employment relationship. Performer is not an employee or independent contractor of THE COMPANY, but rather an independent Performer. Performer shall be solely responsible for paying any and all taxes on revenues derived pursuant to this Agreement.  
18. Changes to Agreement. THE COMPANY reserves the right to change this Agreement and/or the Website (s) Rules and Regulations without prior notice to Performer. Changes or revisions will be legally binding and effective when these changes or revisions are uploaded to the Performers's administration page or notice is sent out to Performer via e- mail. The Performer shall agree to review the administration page and e-mail regularly to check for such changes and revisions, and for other information relevant to the Performers's business with THE COMPANY. 
19. Governing Law and Arbitration. This Agreement shall be interpreted under the laws of the State of California, United States of America. Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The complaining party shall pay for any and all filing fees for said arbitration. Said arbitration shall take place exclusively in Los Angeles, California. 
20. Term of Agreement. The term of this Agreement is month to month and is automatically renewed unless otherwise terminated. Either party may immediately terminate this Agreement with or without cause at any time by e-mail, fax, letter, or other written notice of termination. 
21. Indemnification. Performer agrees to pay the costs of defense, indemnify and hold THE COMPANY and its officers, directors, owners, shareholders, members, employees, attorneys, successors, agents, assigns and representatives from and against any and all loss, liability, claims, damage, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorney's fees and costs arising from or relating to actual or reasonably likely breaches of any terms, conditions, rules, regulations, warranty or representation made by Performer in this Agreement, or by suits or claims brought by third parties related to or arising out of Content provided by Performer, Performers's use of the Services, and/or Performers's acts and communications with other Performers and/or those visiting the Website(s). 
22. Attorneys' Fees. In any action to enforce the terms of this Agreement, the non- prevailing party shall pay all the legal costs, including but not limited to court costs and reasonable attorneys・fees, of the prevailing party. 
23. Assignment. THE COMPANY may freely assign this Agreement. This Agreement and the rights and obligations hereunder shall not be assigned or otherwise transferred by Performer without the prior written consent of THE COMPANY. 
24. Entire Agreement. This Agreement, including the Website (s) Rules and Regulations, constitute the entire Agreement between Performer and THE COMPANY, Video Chathost Platform Agreement (12Feb2009) Agreement Page 4 of 5 and supersede any prior agreements between the parties related to the subject matters herein. 
25. Severability. Should any provision of this Agreement be found by a court to be void or unenforceable, such a finding shall not affect the remainder of this Agreement. 
26. Notices. Notices to Performer may be given by means of electronic message through the Website(s), by general posting on the website or by conventional mail. Notices to THE COMPANY may be given by electronic message, conventional mail, telephone or fax, unless otherwise specified in this Agreement.
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