Broadcaster (Holographer) Agreement


Last modified on 2022-10-10.


Introduction


This This Broadcaster Agreement (“Agreement”) is a legal agreement between Camtastic Ltd. (“CMT”) and you ( “Broadcaster”). This Agreement covers the Services as detailed in the Terms of Use (TOS), via which you can broadcast, stream, transmit and/or stream and/or upload content. Your content may include uploading and live streaming as visual and/or audio content (“Broadcasting Services” and “Broadcast Content”, respectively) through use of the CMT software programs and related documentation being installed or used by you on any of your devices (the “Software”). By downloading or otherwise accessing the Software, however accessed, and by providing Broadcasting Services through the Software, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS).


This Agreement shall be read in conjunction with the CMT Terms of Use (TOS). In the event of any conflict or inconsistency between the terms of this Agreement and any applicable provision of the TOS, as between CMT and you, this Agreement shall prevail to the extent of such conflict or inconsistency. Except otherwise provided, all capitalized terms shall have the same meaning as defined in the CMT TOS.


1. Eligibility and Additional Restrictions.

(a) You may only be a Broadcaster User if you are thirteen (13) years of age or older, and any transmitting of Broadcast Content by anyone under thirteen (13) is unauthorized, unlicensed, and in violation of this Agreement.


(b) You are solely responsible for the completeness, truth and accuracy of any Broadcast Content transmitted or displayed by you in the Software using the Broadcasting Services. Any Content transmitted by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents and permissions necessary to publish or distribute any of the Broadcast Content to any person (including the right of CMT to use such Broadcast Content in accordance with the Terms and Conditions).


(c) The Broadcasting Services are for personal use only. You shall not allow others to use the Broadcasting Services through your CMT account. If your access to the Broadcasting Services has been suspended, limited or terminated by CMT, you shall not create another CMT account or request others to create another CMT account in your favor.


(d) Zones. CMT has gone to great lengths to protect all users of all ages and views. The Zones include: Family Zone, Safe Teen Zone, Public Zone, and an Adult Zone. By default all Broadcasters over the age of 18 are automatically listed in the Public Zone. If you are a Broadcaster between the ages of 13 And 18, CMT automatically slots you in the Safe Teen Zone, whereby only teens are allowed to interact with you, if you select to broadcast within the Public Zone, you will not be able to directly interact with any users over the age of 18, however, you may be eligible to receive gifts from all your viewers. If you are a broadcaster of the age of 18 and your content is NSFW, you must declare NSFW prior to your Broadcast. In addition, should you be wanting to Broadcast provocative content, you must label your Broadcast as Adult content prior to your Broadcast, or before such transition to Adult Content. The adult Zone allows free expression in a settings where only verified users over the age of 18 have opted-in for viewing adult content.


(e) To maintain a safe and enjoyable environment and interactive platform to all CMT Users, CMT employees, personnel, contractors and appointed community helpers and moderators have the ability to force aby Broadcast to particular Zone, for any reason they may deem required to uphold this Agreement and/or the CMT TOS, to the highest possible standards.


(f) CMT has zero tolerance for wrong-zone broadcasting. If you repeatedly violate the allowed content within a Zone your Broadcast is in, your account will be immediately terminated or suspended, and/or you may lose any Coins you may have, without the ability to cash-out.


2. CMT Coins

(a) Any Virtual Gifts that are gifted to you by another user in the Services (or received by you) are converted in your account to, and are referred to herein as, “Coins”. Notwithstanding your receipt or possession of Coins, you acknowledge and agree that you do not in fact own the Coins, and the amounts of any Coins in your CMT account do not refer to any credit balance of real currency or its equivalent.


(b) CMT makes no representation or guarantee that the amount or value of any Virtual Gift distributed to you by another user will correlate in any way to the value of the Coins received by you, or to the revenue you may receive from CMT. The amount of revenue delivered to you in exchange for Coins or otherwise, if any, is determined by CMT in its sole discretion.


(c) Any CMT Coin balance shown in your CMT account does not constitute a real world balance or reflect any stored value. However, in the event that your CMT account balance with respect to Coins will reach a minimum threshold, as shall be determined by CMT from time to time, in its sole discretion, you will be able to redeem Coins, in exchange for US Dollars credited to your account in the CMT’s electronic payment processor. CMT reserves the right to permanently confiscate from your CMT account any Coins in the event that CMT determines, in its sole discretion, that you have not logged in to your CMT account during a period of 90 days. In addition, you will not be able to redeem Coins if your access to the Broadcasting Services has been suspended, limited or terminated by you or by CMT.


(d) You may receive from time to time Coins as bonus or as commissions you are entitled to, as determined in CMT's sole discretion. CMT reserves the right to permanently confiscate from your CMT account any Coins not redeemed within 90 days from receiving them. In addition, CMT reserves the right to reject any attempted redemption of Coins in your CMT account if less than 30 days have passed and you are seeking a redemption of more than 30% of your Coin balance.


(e) The value (i.e. the exchange rate) of Coins is determined by CMT in its sole discretion, and CMT further reserves the right to modify the exchange rate between Coins and US Dollars from time to time, with or without reason, in its sole discretion. By your use of the Broadcasting Services, you confirm your understanding of and accept the then-current exchange rate of any Coins at the time of their redemption.


(f) In the event your CMT account balance with respect to Coins is incorrect due to system maintenance or other technical failures as determined by CMT in its sole discretion, CMT will use commercially reasonable efforts to correct your CMT account balance. You may contact us regarding your CMT account balance at support@camtastic.org and titled “Account Balance"


(g) CMT takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, CMT reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Coins from your CMT account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. This includes confiscation of any Coins which have been converted from Virtual Gifts received by you from other users, in which such Virtual Gifts were purchased or received fraudulently. CMT will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that CMT’s determination, in its sole discretion, shall be final and binding on you.


(h) If you are a Broadcaster over the minimum legal age of employment and receive money in your country, and over the age of 15 you may redeem your Coins.


(i) If you are Broadcaster under the age of 15 or under the minimum legal age of employment and receive money in your country, you may collect your Coins until you are allowed by law to redeem the Coins, or you may use the Coins for Virtual Gifts or Real Gifts to yourself or other Users.


3. Engagement through Broadcaster Agent

(a) Unless otherwise agreed and explicitly stated, All CMT Agents, Agencies and Affiliates receive their commissions, bonuses and their portion of payment directly to their User Account from CMT, which do NOT include your portion of Coins. You will receive your share of Coins in your User Account automatically for each transaction.


If you have registered to CMT via a CMT Agents, Agency or Affiliate, you will not be able to change to another Agent or Agency. The only time you are able to change to another Agent is if your original Agent, Agency or Affiliate is no longer registered with CMT, whereby we will notify you of such event and you will be able to switch to a different Agent or Agency.


If your Agent receives Coins on your behalf and then pays you, It is clarified that CMT will not pay you, and all disagreements between you and your Agent/Agency will be resolved between yourselves and CMT has no part of such relationship.


(b) You hereby acknowledge and agree that all the Coins to which you are entitled shall be received by your Agent or Agency, which shall be solely responsible for the redemption of the Coins and/or the payment of any amount in exchange therewith, upon your instruction and subject to the terms and conditions of this Agreement. You further agree that CMT is under no obligation to pay to you any amount in exchange for Coins or otherwise (including, without limitation, any Broadcaster Targets Payments) and that no CMT Party shall be liable to you or to any other party for any fees, compensation or other amounts in connection therewith.


(d) CMT reserves the right, at any time and at its sole discretion, to suspend or terminate its relationship with any Agent or Agency, upon which (i) your CMT account may be suspended or terminated by CMT, (ii) the un-redeemed Coins in your CMT account may be permanently confiscated, and (iii) notwithstanding Section 1(c) above, if you wish to renew access to the Software and/or the Broadcasting Services, you will be required to create another CMT account, either directly or through another Broadcaster Agent.