livecamclips.com

[Ria7]

This site publish gold shows from streamate for promotion reasons. Does anyone know how i can remove my video from there? I have already contact streamate support but you know ... the support of streamate is terrible...

 

[Ria7]

This is the answer i get from an admin of this site when i asked to remove my video. Does that mean we are obligated to have a video there?


Hello, I understand that you would like a video removed.


Please be aware that Livecamclips.com is a contracted Promoter for Streamate.com and only lists videos for Streamate.com performers.

Livecamclips.com does not list or approve of listing unauthorized video recordings.


Please note that the links on your page go directly to your bio page for streamate network at no cost to you. This is free promotion for her to gain new customers.


If you are an authorized Streamate.com performer and feel that the content in the video does not reflect your talent, or is in any way inappropriate please reply to this email and request to submit a more appropriate video.

No, nudity is not required, Livecamclips.com often features videos with teaser content.

No, you do not need to show your face, or identify yourself in the video.


LCC


I told him i will not send him an other video of me to replace, i didn't give my permission for that and i neither knew a recorded gold show of me is in public view. Now he don't answer my emails.

 

[AmberCutie]

I believe that you give streamate permission to use those videos in such a way when you sign the model contract. So I don't imagine you can have them taken down.

 

[SaffronBurke]

That's one of Streammate's marketing tools, and is part of how they drive traffic to us. We give them permission to do so when we sign the model agreement.

 

[Teagan]

Amber is correct. It is in your contact when signing up for SM that they can use anything you broadcast for any reasons they see fit such as promotions. They can even sell your stuff for more profit and regularly do so. You can opt out of advertisements by contacting SM support but it does effect your placement on the site and thus will probably make less money. This also is not fool proof and does ot always work and it will not retroactively take down the vids already posted of you or sold.

 

[WebcamStartup]

Sorry for reviving an old post, but does anyone know if this is just an affiliate or actually Streamate? Got a similar response to a DMCA request.

All the domains I can find are hosted on that flyingcroc nameservers:

streamate.com
streamaterecruiting.com
cambuilder.com
mtree.com

livecamclips is on Mojo Host.

Pretty much every site in the TOS / User Agreement (camming or otherwise) will use language like that. It's so that way they're protected from liability. For example; someone grabs a YouTube embed code and puts in a website. That's all legal because YouTube has the right and YouTube allows for embed codes.

How it would work in cam land (and we'll use Streamate, as this is the example) would be their MTree marketing material they give affiliates.

That doesn't mean that this affiliate has expressed permission from Streamate to syndicate those shows. "Contracted Promoter" could basically mean "affiliate". Hell, you look at the clips and it even tells you who it's submitted by. All of this is user generated content!

There's a .net and a .com too. Look at the source code of the .net and it's Cambuilder code.

Pretty much answered my own question just writing this.

As for whether they have expressed permission from SM to allow recorded shows to be uploaded by members that register to their site, I highly doubt it.

The only thing in MTrees terms that kind of made it seem like a violation is:

1. Webmaster agrees to refrain from any and all illegal activities in promotion of Sextracker MoneyTree programs/products. Webmasters promoting Sextracker MoneyTree are expected to adhere to acceptable usage policies for any sites used to promote the program. Abuse reports recieved are logged and investigated by Sextracker MoneyTree, and if found to be valid, accounts may be suspended or terminated without prior notice and payments withheld.

And for Cambuilder's TOS:

1. Affiliate agrees to refrain from any and all illegal activities in promotion of Cambuilder’s sites. Affiliates promoting Cambuilder sites are expected to adhere to acceptable usage policies for any sites used to promote the program.
2. Any activities, illegal or otherwise, which Cambuilder deems to be inappropriate at its sole discretion, will result in immediate termination of affiliate's account. Affiliate agrees to indemnify, hold harmless and defend Cambuilder for all liability and damages arising out of affiliate's activities, including attorney's fees. Any disputes between Cambuilder and affiliate relating to these Terms of Use shall be interpreted and governed in accordance with the laws of the State of Washington, U.S.A., without giving effect to provisions thereof relating to conflict of laws. The parties agree the venue for any such dispute shall be exclusively in the state court or federal court in Seattle, Washington, U.S.A.

But of course that is protected via the livecamclips TOS:


3. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to Live Cam Clips, you hereby grant Live Cam Clips a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Live Cam Clips Website and Live Cam Clips's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Live Cam Clips Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Live Cam Clips Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Live Cam Clips Website.


I've got the contact information of the person in charge of all SMs marketing email, if anyone wants me to follow-up with him and ask if SM has given expressed permission to syndicate these shows or not, I can.

If the model decides she does want the content removed, I can let you guys all know how they responded to the DMCA request as well.

 

[blaw]

I was wondering what kind of response a DMCA request would have in this kind of situation. Work-for-hire language is almost always included in these types of agreements, so the site would likely be the owner of the copyright.