TERMS AND CONDITIONS FOR THE USER

Night Nerds Limited  

These Conditions, together with any and all other documents referred to herein, set out the terms on which we provide our Services to the Users of Night Nerds Limited through this Website.

Please read these Conditions carefully and ensure that you understand them before purchasing any Services from us. You will be required to accept these Conditions before purchasing  our Services. If you do not agree to comply with and be bound by these Conditions, you will not be able to purchase our Services or use our Website.

Use of our Website is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.

The Website is owned and operated by Night Nerds Limited (trading as Camiplay, registered number 12166161, (the “Supplier”) whose registered office is at Unit 24 Highcroft Industrial Estate, Enterprise Road, Waterlooville, United Kingdom, PO8 0BT.

Our Website is an online adult interactive website which features sexual content. Do not access our Website if you are under 18 (or 21) depending on jurisdiction.

All personal information that we may collect from you will be collected, used and held in accordance with our Privacy Policy and your rights under data protection legislation.

AGREED TERMS

1.    Interpretation

1.1.    Definitions. In these Conditions, the following definitions apply:

1.1.1.    Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

1.1.2.    Host : the adult performer that posts the content on the Website supplied by the Supplier.

1.1.3.    Charges: the charges payable by the User for the Services in accordance with clause [5] (“Charges and Payment”) below in order to buy the Tokens to use the site.

1.1.4.    Conditions: the terms and conditions set out in this document as amended from time to time in accordance with the Conditions.

1.1.5.    Contract: the agreement and contract between the Supplier and the User for the purchase of the Services.  

1.1.6.    User: the viewer who purchases the Services of the Host from the Supplier.

1.1.7.    Services: adult content provided by Hosts which can be bought by Users via tokens on the Supplier’s Website.

1.1.8.    Website/ Platform: the website at http://www.camiplay.com.

2.    Age restrictions and Basis of contract

2.1.    Users may only purchase Services through the Website if they are at least 18 years of age or 21 in certain jurisdictions.

2.2.    The Website will guide the User through the order process. The order constitutes an offer by the User to purchase Services in accordance with these Conditions.

2.3.    The order of the Services shall only be deemed to be accepted when the User receives confirmation of the order and/or receives tokens in their account, whichever is the earlier, (following verification by the Supplier of the User’s email address, such confirmation to generally occur within 24 hours), at which point and on which date the Contract shall come into existence.

2.4.    The Contract constitutes the entire agreement between the parties in relation to its subject matter. The User acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Contract.

2.5.    Any descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's promotional materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

2.6.    These Conditions apply to the Contract to the exclusion of any other terms that the User seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.    Supply of Services

3.1.    The Host shall supply the Services to the User through the Supplier’s Website in accordance with the order in all material respects.

3.2.    During the free Services, a menu may be made available by the Host to the User specifying the ‘tipping options’ for the Services. The Users are not obliged to tip the Hosts.    

3.3.    The User may request specific or private Services from the Host. The Users accept the increase in Charges for these specific Services.

3.4.    The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirements, or which do not materially affect the nature or quality of the Services, and the Supplier shall notify the User in any such event.

3.5.    The Supplier warrants to the User that the Services will be provided using reasonable care and skill.

4.    User's obligations

4.1.    The User shall:

4.1.1.    ensure that the terms of the order and any information it provides in the order are complete and accurate;

4.1.2.    co-operate with the Supplier in all matters relating to the Services;

4.1.3.    provide the Supplier with such information as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate and kept up-to-date in all material respects.

4.2.    The User shall not:

4.2.1.    act in any way which is illegal;

4.2.2.    record or distribute any videos or other contents found on this website;

4.2.3.    share their account content or details with anyone, or create an account for another;

4.2.4.    make use of abusive, inflammatory, or racist language;

4.2.5.    discuss sexual intercourse with children, even in fantasy or role play;

4.2.6.    disrupt the website in any way;

4.2.7.    promote other websites or services (spamming);

4.2.8.    solicit Hosts or other Users for commercial ventures;

4.2.9.    solicit other Users to meet in person for money;

4.2.10.    accept money for in-person meetings;

4.2.11.    harass or bully other Users or Host’;

4.2.12.    post private or personal information of other Users or Hosts;

4.2.13.    impersonate other Users or Host’s;

4.2.14.    make any kind of threats against other Users or Hosts;

4.2.15.    blackmail Hosts or other Users;

4.2.16.    claim to be a moderator, administrator, or employee of this website;

4.2.17.    intentionally mislead other Users or other Hosts (e.g. fake tipping);

4.2.18.    encourage other Hosts or other Users to break the rules;

4.2.19.    provide Services while minors, children, babies are on camera or in the same room;

4.2.20.    provide Services if their identity has not been confirmed;

4.2.21.    practice bestiality or post animals on camera in a sexual or provocative context;

4.2.22.    urinate, defecate, engage in enema play, vomit;

4.2.23.    breastfeed, engage in lactation or discuss or post content regarding menstruation;

4.2.24.    discuss or consume illegal drugs;

4.2.25.    excessively consume alcohol, medicines, or narcotics;

4.2.26.    sleep or pass out on the Platform;

4.2.27.    conduct hypnosis;

4.2.28.    rape;

4.2.29.    engage in incest or sexual contact between family members;

4.2.30.    engage in penetration of the vagina or anus with items not meant for sexual stimulation;

4.2.31.    engage in fisting;

4.2.32.    engage in violent, cutting, blood, torture, non-consensual pain, erotic asphyxiation, or any actions associated with bringing injury or risk of injury;

4.2.33.    practice escorting, prostitution, solicitation;

4.2.34.    conduct any illegal or unsafe activity of any kind; and

4.2.35.    conduct any act that may be deemed obscene in your community.

4.3.    If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the User or failure by the User to perform any relevant obligation (“User Default”):

4.3.1.    the Supplier shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the User remedies the User Default, and to rely on the User Default to relieve it from the performance of any of its obligations to the extent the User Default prevents or delays the Supplier's performance of any of its obligations;

4.3.2.    the Supplier shall not be liable for any costs or losses sustained or incurred by the User arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause; and

4.3.3.    the User shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the User Default.

5.    Charges and payment

5.1.    The User shall purchase tokens on the Platform. The Charges for the Services and the tokens shall be as set out on the Website at the time the order is placed.

5.2.    The Users shall be charged by the minute for Private Services.

5.3.    The Charges shall be payable in full and in cleared funds upon placement of an order. Payment shall be made via credit card or debit card.

5.4.    If the User fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Supplier reserves the right to suspend the Services and terminate the Contract and the User shall pay interest on the overdue amount at the rate of 4% (four per cent) per annum above Barclays Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

5.5.    The Supplier reserves the right to amend the Charges at any time and to add, alter, or remove special offers from time to time. Changes in price will not affect any order that a User has already purchased but will apply to any future orders.

6.    Limitation of liability and indemnity

6.1.    Nothing in these Conditions shall limit or exclude the Supplier's liability for:

6.1.1.    death or personal injury caused by its negligence;

6.1.2.    fraud or fraudulent misrepresentation; or

6.1.3.    any other liability to the extent such liability may not be excluded or limited as a matter of law.

6.2.    The User shall indemnify the Supplier against any costs, liability, damage, loss, expenses, claims or proceedings arising from loss or damage (including that belonging to any third parties appointed by the Supplier) caused by any breach of these Conditions or any other liabilities arising out of the use of the Website or the Services by the User.

6.3.    This clause shall survive termination of the Contract.

7.    Termination and closure of your account

7.1.    If the User is a consumer in the European Union, by default it has a legal right to a “cooling-off” period within which it can cancel the Contract for any reason, including if it has changed its mind, and receive a refund (unless the Services have already been provided). The period begins once the Supplier has sent the User an email confirmation of the order and ends 14 calendar days later. If the User wishes to exercise this right to cancel it may inform the Supplier of its cancellation at support@camiplay.com. Refunds will be issued as soon as possible, and in any event within 14 calendar days using the same payment method that the User used when purchasing its Services (unless it specifically request a refund using a different method).

7.2.    The User may end the Contract at any time if the Supplier has informed it of a forthcoming change to its Services, or to these Conditions that the User does not agree to.  If the change is set to take effect or apply before the end of the current Services, the Supplier will issue the User with a pro-rated refund equal to the remaining time left in that Services. The User also has a legal right to end the Contract at any time if the Supplier is in breach of it. The User may also be entitled to a full or partial refund and compensation.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

7.3.    Without limiting its other rights or remedies, the Supplier may terminate the Contract at any time by giving the User one weeks notice and, unless termination is the fault of the User, the Supplier shall refund to the User any Charges paid for Services not yet received. The Supplier may suspend provision of the Services under the Contract or any other contract between the User and the Supplier if the User fails to pay any amount due under this Contract on the due date for payment.

7.4.    Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.

8.    Consequences of termination

8.1.    On termination of the Contract for any reason:

8.1.1.    the User shall immediately pay to the Supplier any outstanding Charges and interest due;

8.1.2.    the accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

8.1.3.    clauses which expressly or by implication survive termination shall continue in full force and effect.

9.    Force majeure

9.1.    For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

9.2.    The Supplier shall not be liable to the User as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

9.3.    If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 14 days, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the User.

10.    General

10.1.    Assignment and other dealings.

10.1.1.    The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

10.1.2.    The User shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

10.2.    Notices.

10.2.1.    Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.

10.2.2.    A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause [12] (“Notices”); if sent by pre-paid first class post or other next working day delivery service, at 12.00 pm on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.

10.2.3.    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

10.3.    Severance

10.3.1.    If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

10.3.2.    If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

10.4.    Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

10.5.    No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

10.6.    Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.

10.7.    Variation. The Supplier may revise these Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If the Supplier changes these Conditions as they relate to the User’s Services, it will give the User reasonable advance notice of the changes and provide details of how to cancel if the User is not happy with them.

10.8.    Governing law. This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.

10.9.    Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).