GENERAL USER CONDITIONS
If You are a visitor or a user/buyer (hereinafter referred to as User) of the entertainment Services (webcam) (hereinafter referred to as “Services”) offered by the Performer on this Platform or if you use the E-Wallet offered by the company (hereinafter referred to as SNV), you must consult these General User Conditions.
These General User Conditions describe the terms and rules applicable when the User visits this Platform and when he purchases Services from the Performers registered on the Platform.
The General User Conditions constitute all the rules of use of the Platform and govern the relationship between you as a User of SNV's Platform and/or customer of Services offered by the Performers on the Platform of SNV, and SNV, as a technical Platform. These General User Conditions do not apply to the Services offered by the Performers to Users. SNV does not participate in the offer, sale and delivery of Services offered by the Performer. If you purchase Services from a Performer, an agreement will come in place between you and the Performer, SNV will not be part to this agreement.
Before you enter the Platform site, you must read carefully and accept these General User Conditions in whole, including the documents and other regulations that are part of it for reference. If you do not wish to accept these General User Conditions or if you do not understand the language used, please leave the Platform.
1.1. These General User Conditions supersede all prior conditions applicable between SNV and the User with respect to SNV's Platform and/or the E-Wallet.
1.2. By effectively using SNV's technical Platform and/or the E-Wallet, you are deemed to have accepted these General User Conditions.
1.3. If you have any questions regarding these General User Conditions you can consult the FAQ section (frequently asked questions) or contact SNV via the contact form that you will find on the Platform.
1.4. SNV reserves the right to modify these General User Conditions. SNV will inform the User by placing the new modified General User Conditions on the SNV Platform. In case of explicit request by the duly registered User, SNV will transmit the modified use contract by email or any other means. The changes take effect 14 days after publication or on the date specified in the notification. If the User does not accept the modifications, the relationship between you as a User of SNV's technical Platform and SNV will end, by the effect of the law.
2.1. SNV refers to a company registered in the commercial registry under number 122760, having its offices at the address mentioned below, ECommerce Park Vredenberg, Unit 23. Willemstad, Curacao and related companies and partners of SNV.
2.2. (SNV) Platform: the technical Platform of SNV to which many websites are linked.
2.3. General User Conditions: these general conditions applicable to the relationship between you as a User of SNV's Platform and SNV.
2.4. User: the natural person who purchases Services from the Performer and, if necessary, uses the E-Wallet provided by SNV.
2.5. User Account: the personal registration of the User on the SNV Platform.
2.6. User Name: the name under which the User is registered on the SNV Platform but also the name which, combined with the personal password, allows access to the User account.
2.7. Performer: the natural person who offers and sells Services to the User via the Platform provided by SNV.
2.8. The Performer account: the personal registration of the Performer on the SNV Platform which contains the Performer's information and his account.
2.9. Performer Name: The name under which the Performer is listed on the SNV Platform.
2.10. Performer Profile: The complete description of the Performer made by the Performer on his personal page.
2.11. Start date: the date on which the User accepts the General User Conditions.
2.12. Login data: data giving access to the User account.
2.13. User Information: all the information that you place yourself as a User on the SNV Platform or on your User Account, including registration data, feedback and all other messages.
2.14. Service: Webcam entertainment service offered and sold by the Performer to the User.
2.15. E-Wallet (prepaid virtual credit): prepaid virtual credit on the name of the User. The E-Wallet is not an account but a virtual credit which cannot be refunded to the User.
2.16. Financial Transaction: the transaction by which the User feeds his virtual credit.
2.17. Direct Payment: the payment by the User to Performer for Services other than via the SNV E-Wallet.
2.18. SNV Payment Service: The Collection of funds on behalf of the Performers (third parties) by allowing Users to exchange money for virtual credits in their E-Wallet which credits the User can only spend for purchasing Services from the Performers on the Platform. A payment from the User results in a discharge payment in respect of that which the User owes to the Performer.
3. User Requirements
3.1. The User must be a person with legal capacity and the power to enter into binding contracts.
3.2. The User must not be less than 18 years old and must have reached at least the legal age of use of the Platform.
3.3. The User Account is not transferable, in any form whatsoever.
4.1. To be able to register, the User must choose a User name and a password.
4.2. The User is personally responsible for the use he makes of his username and password.
4.3. The User must take all necessary steps to protect his password.
4.4. The General User Conditions take effect on the date on which the User has registered and has accepted the General User Conditions (effective date).
4.5. Registration as a User is completely free of charges.
5. SNV is only a technical Platform
5.1. SNV acts as a technical Platform allowing the Performer to anonymously provide the Services to the User and the User to anonymously purchase the Services from the Performer.
5.2. SNV does not control the Services offered by the Performer and SNV does not intervene in the Services offered by the Performer.
5.3. SNV only acts as a host. SNV hosts content and information that is placed by the Performer in his account, the Services offered by the Performer, and information placed by the User (User Information) in his Account on the Platform.
5.4. SNV does not in any way verify the quality, safety or legality of the Services offered, the Performer's competence to offer Services and the User's ability to purchase Services. SNV therefore does not guarantee the quality, safety or legality of the Services offered, the Performer's competence to offer Services and the User's ability to purchase Services. SNV does not guarantee that the Performer will actually provide the Services offered.
5.5. The User may obtain from the Performer paid Services and also free Services.
6. Absence of representation.
6.1. SNV on the one hand, and the User on the other, are independent parties. Each of them acts in his own name and on his own behalf.
6.2. These General User Conditions are not intended to establish / create an agency, agency agreement, corporation, joint venture or any other form of cooperation or to establish an employer or franchisor relationship. The above cannot be the subject of the general User conditions .
7.1.The price of the Services offered by the Performer is determined by the Performer himself. The price of the Services offered is mentioned on the personal page of the Performer.
7.2. Services and transactions are not approved and / or validated by SNV.
7.3. The User must ensure for himself that he has the ability to purchase the Service offered by the Performer under the applicable law in his country of origin or in his country of residence.
7.4. It cannot be excluded that the Services offered will be harmless for the User, for third parties and/or for their property.
8. Information and actions of the User
8.1. The User is solely responsible for the information he publishes on the SNV Platform.
8.2. Said information as well as all the acts of the User cannot:
a. be inaccurate, incorrect or misleading;
b. be insulting, threatening, damaging, slanderous;
c. infringe copyright, privacy rights or other rights;
d. violate the law and/or any other regulation;
e. contravene public order and/or morality;
f. be obscene, indecent or contain child pornography;
g. incur the liability of SNV and/or cause (in whole or in part) that SNV cannot exploit the Platform.
h. cause SNV's Platform to be broken, damaged or less efficiently operated, or have the effect that the SNV Platform is affected in such a way that its effectiveness or functionality is affected in any way.
9.1. The E-Wallet is a virtual asset registered with SNV to the credit of the User upon placing of funds by the User, and serves to allow the User to make discharge payments to the Performers.
9.2. The E-Wallet is stored in SNV's computer system. The E-Wallet is not an account but a virtual asset.
9.3. SNV can set loading limits for the E-Wallet.
9.4. In any case, E-Wallet cannot be considered as a deposit.
9.5. In no case does SNV pay interest on the balance of the E-Wallet.
9.6. SNV does not charge any fees to the User for the use of the E-Wallet.
9.7. The E-Wallet and/or the funds placed is not refundable.
9.8. The User agrees that he will not give access (or attempt to give access) to the E-Wallet to third parties.
9.9. The User may not undertake any activity that could hinder or interfere with the operation of the E-Wallet (or the servers and networks to which the E-Wallet is connected).
9.10. The User is prohibited from reproducing, duplicating, copying, selling, exchanging the E-Wallet.
9.11. The User acknowledges that, in the event of purchase of a Performer Service, the amount due to the Performer will be deducted directly and automatically from his virtual credit in order to make a discharge payment to the Performer.
9.12. Payment via the E-Wallet guarantees the anonymity of the User and the Performer. Only the name chosen by the User and the Performer on the Plateform will be visible.
9.13. Under no circumstances is SNV a party to the offer, sale and/or delivery of Services (webcam) offered by the Performer. Using the E-Wallet to pay for the Performer does not change the above.
10. Direct payment
10.1. The Performer may be paid by the User for his Services other than via the E-Wallet. The payment by the User to the Performer will then be made by any means they have mutually agreed upon.
11. Privacy and personal data.
11.1. SNV acts as a technical Platform allowing the Performer to anonymously provide Services and the User to anonymously purchase Services. As a result, it is recommended not to publish personal information (name, address, telephone number, email address, social network account...).
11.3. The User is personally responsible for the confidentiality of the corresponding identifiers to his User account and must himself take all reasonable measures to maintain the confidentiality of this information.
11.4. SNV will inform the User in the event that his User Account is suspended. SNV will reenable User Account credentials as soon as possible and after the causes of the suspension have been resolved.
12. Fraud/AML/ abuse
12.1. SNV will, in the event of suspected fraud, prohibited transactions or money laundering, carry out an identity check. Failure by the User to cooperate with an identity check may result in the immediate suspension of the use of the E-Wallet and termination of the relationship between the User and SNV.
12.2. The User acknowledges that SNV may block a transaction, a payment order or any use of the E-Wallet when SNV reasonably suspects a case of fraud, prohibited transactions or money laundering, the violation of these General User Conditions or a violation of the law. When SNV blocks a transaction or payment order, the User is informed unless SNV is legally prevented from doing so.
12.3. In the event of suspected fraud, prohibited transactions or money laundering, or not complying with the General User Conditions, the User is responsible for all losses suffered by SNV as a result of / or in connection with these actions.
13.1. In case there will be any payment obligation from the User towards SNV under these general User conditions, in addition to all other legal rights and remedies available towards the User by SNV, the amount at that moment remaining in the E-Wallet will serve as (partial) payment of such obligation.
13.2. SNV cannot be held responsible towards the User or a third party for any loss incurred by the User due to imposed transaction limits or other recoveries.
14.1. The User accepts and acknowledges that SNV is not a party and therefore SNV cannot be held responsible for any dispute between the User and the Performer.
14.2. Claims or disputes arising from these general User conditions must first be reported to SNV online support.
15.1. The User guarantees that he is over 18 years old. The User also guarantees to have reached at least the legal age of use of the Platform.
15.2. The User guarantees that he will comply with all laws, regulations and regulations applicable to the purchase of Services by the Performers registered on the SNV Platform, as well as the use of the E-Wallet.
15.3. The User will not (attempt to) initiate, or take advantage of, fraud, prohibited transactions or money laundering, the violation of these General User Conditions or a violation of the law or be in violation of applicable laws and regulations.
15.4. The User is obliged to pay the taxes, fees and commissions that may arise from the use of the SNV Platform.
16. Exclusion of guarantees
16.1. SNV does not warrant that the access to the Platform, the operation of the servers and the Services of the Performer will be permanent, uninterrupted, fast / punctual, secure or infallible.
16.2. To the fullest extent permitted by law, SNV excludes all warranties, conditions or other terms, legal or implicit, quality or speed / punctuality in relation to the use of the Platform by the User.
16.3. SNV does not warrant that the use of the Platform offered by SNV will always meet all User requirements or that the operation of the E-Wallet will be permanent, secure, virus free and infallible.
17. Violation of the General User Conditions
17.1. Without prejudice to the other means available to SNV, SNV has the right to immediately send the User a warning, to temporarily suspend or for an indefinite period the User's Account, to close the User's Account, to refuse to the User access to the use of the Platform when:
a. the User does not respect the General User Conditions or the documents by integral part by reference; or
b. when it proves impossible for SNV to check the accuracy of the information provided by the User; or
c. SNV is of the opinion that the User is guilty of fraudulent activity, fraud, prohibited transactions or money laundering on the SNV Platform or is involved in, or in any way connected with, such activities; or
d. SNV believes that the User, by its actions, causes or may cause damage to SNV.
18. Limitation of liability of SNV.
18.1. Services offered and purchased on SNV's Platforms are not endorsed by SNV. The User is solely responsible for the legality of his actions. SNV declines any responsibility with regard to any dangerousness or defectiveness of the Services offered on SNV's Platform that may be harmful to physical or mental health.
18.2. In no event shall SNV be liable for any direct or indirect (consequential) damages, including:
* any loss or falsification of data;
* any loss of profit (suffered directly or indirectly);
* any loss of turnover;
* any loss of reputation;
* any loss of opportunity;
* any indirect, incidental, or other damages, regardless of whether the loss or damage is attributable to any changes made by SNV to the SNV Platform or the E-Wallet or due to temporary or permanent interruption of the SNV Platform or the E-Wallet, and regardless of whether it is due to negligence or any other cause attributable to SNV.
18.3. SNV's liability to the User whatever the circumstances is limited, in any event, to the aggregate of the amounts that the User has paid to the Performer through the E-Wallet in the six months preceding the legal act giving rise to the responsibility, the whole with a maximum of 150 €.
19.1. The User agrees to indemnify and hold SNV harmless against any claim or claim whatsoever including reasonable attorney's fees from any third party that is attributable to or arising from the breach of this contract of use or documents by integral part by reference, a violation of the law or the regulation or an infringement of the rights of a third party by the User.
19.2. When the User has a right or a claim on the Performer or is in dispute with the latter following the use of the SNV Platform, the User has no right of recourse against SNV and the User guarantees SNV against any claim, seeking liability, damages, losses, costs and compensation, including legal costs, known or unknown, in connection with such a claim or such litigation.
20. Announcements and notifications
20.1. Statements, notices and other announcements to the User may be made by post, email, publications on the SNV Platform or by any other reasonable means.
20.2. All notifications to the User will be sent to the email address that he has indicated to SNV during the registration process.
20.3. The User can consult free of charge the transactions carried out with his E-Wallet. The User agrees that he will not receive a statement in paper form.
21. Policy rules
21.1. SNV reserves the right to introduce policy rules to supplement or amend the conditions and / or to clarify the applicable provisions. The policy rules are an integral part of these General User Conditions.
21.2. SNV can modify the policy rules. Important changes will be published on the SNV Platform.
21.3. Once these modifications have been published, the User may, within 14 days, inform SNV that he refuses to accept these changes. In that case the relationship between SNV and the User will end.
22. Termination of the relationship with SNV
22.1. The General User Conditions apply until the relationship between SNV and the User is terminated as described below.
22.2. If the User wishes to terminate the relationship with SNV, he can do so immediately and free of charge by closing his User account.
22.3. SNV may terminate the relationship with the User at any time without notice when:
at. the User has violated an essential provision of the General User Conditions or clearly shows, by the way he acts, that he does not intend or is unable to comply with the essential provisions of the General User Conditions; or
b. SNV is obligated by law for example, when the provision of the E-Wallet to the User is not or will not be legally authorized.
22.4. The termination of the relationship between SNV and the User does not affect the rights, obligations and responsibilities arising from the law which governed the relationship between the User and SNV.
23. Governing Law
23.1. The law of Curaçao is applicable to the relationship between SNV and the User. Any dispute that may arise between the User and SNV, resulting from these General User Conditions or any other agreement or any other action in connection with these General User Conditions will be settled by the Court of Willemstad, Curaçao, except to the extent that binding rules of jurisdiction shall apply.
23.2. In the event of contradiction, whatever it may be, between the English version and a version in another language of the present contract of use, the English version prevails.
23.3. The court in Willemstad, Curaçao has exclusive jurisdiction in case of litigation.
24.1. The User acknowledges that the rights and obligations arising from these General User Conditions and all other documents that apply by reference, may be freely and automatically transferred by SNV in the event of a merger, demerger or redemption or any other form of restructuring.
24.2. The titles of the different sections of these General User Conditions are purely indicative and do not necessarily indicate precisely the content of the articles to which they refer.
24.3. If SNV fails to act as a result of not complying by the User or by third parties of these General User Conditions, SNV does not automatically waive the right to act in the face of subsequent or similar violations.
24.4. If SNV does not exercise or enforce a legal right or remedy set forth in these General User Conditions (or to which SNV is entitled in accordance with applicable law), that choice shall not be considered to constitute a waiver of a right on the part of SNV. Nor can that choice be regarded as a waiver of a right to act in relation to subsequent or similar violations. SNV can and still has the right to exercise its rights or to implement the remedies.
24.5. The provisions of the articles bearing the titles: "8. Information and actions of the User", "15. Warranties", "18. Limitations of responsibility of SNV", "20. Announcements and notifications", "23. Governing law" and "24. Other" and other provisions and charges thereunder continue to apply after the termination of the relationship between SNV and the User.
24.6. These General User Conditions together with the documents that form part thereof by reference and the policy rules followed govern the entire relationship between the User and SNV.
Code of Conduct for Users
For buying the services from the Service Providers who are registered on the platform of
(the Platform) (the Services), the Users need to open an Users Account on the Platform and in this respect they need to comply with this Code of Conduct.
In addition to the Code of Conduct (also referred to as: “Code”), Users are required to comply with the Users Conditions. Nothing in this Code of Conduct shall be deemed to amend, limit or otherwise impact any other obligations the User may have to
(whether such obligation is written or otherwise).
will discontinue the relationship with any User who violates the Code or the law.
The Code is comprised of 3 sections. Section A outlines standards for buying the Services from the Performers registered on the Platform. Section B adds standards relating to business ethics and Section C contains additional provisions.
A. BUYING SERVICES FROM THE PERFORMERS REGISTERED ON THE PLATFORM
In buying the services from the Performers registered on the Platform, the Users are committed to uphold the human rights as understood by the international community and proclaimed under the Universal Declaration of Human Rights and the International Labour Organization's core conventions.
1. Free Choice
When buying the Services from the Performers registered on the Platform, the Users will comply with the rule that all Performers have to provide the Services via the Platform voluntarily.
2. Child Labour Avoidance
When buying the Services from the Performers registered on the Platform, the Users will comply with the rule that child labour shall not be used under any circumstances. The term "child" refers to any person under the age of 18 or 21 according to the applicable local laws.
In buying the Services from the Performers registered on the Platform, the Users must maintain an attitude free of harassment and unlawful discrimination.
requires the highest standards of integrity in all interactions between
and the Users and in all business interactions between the Users and the Performers registered on the Platform.
1. Business Integrity
In buying the Services from the Performers registered on the Platform any and all forms of corruption, extortion and embezzlement are strictly prohibited.
2. No Improper Advantage
Users are prohibited to use their User Account as an item of value in providing, promising to provide, or offering to provide any item of value, directly or indirectly, to any government or public international organization officials, political parties.
3. Disclosure of Information
Users should not disclose information regarding business activities, structure, financial situation and performance, relating to
, to any other party. Users shall act in accordance with applicable regulations and prevailing industry practices in this area.
4. Intellectual Property, Confidentiality, and Data Privacy
Users are prohibited from using any
or third party patented technology, copyrighted materials, or other intellectual property or confidential information without written permission. Users are further prohibited from transferring, publishing, disclosing, or using
's confidential information other than as necessary in the ordinary course of business or as authorized by
5. Data Privacy Laws and Regulations
Users are required to abide by applicable data privacy laws and regulations.
6. Fair Business
In buying the Services from the Performers registered on the Platform, Users shall maintain all standards of fair business.
C. ADDITIONAL PROVISIONS
1. Conflicts of Interest
Users must be free to act with total objectivity in their relationship with
, and thus, must avoid conflicts of interest.
2. Regulatory Officials
Users have to be honest in discussions with regulatory agency representatives and government officials and cooperate with
representatives in any internal or external investigations or audits of Users' relationship involving or related to
Users shall inform the
support if any situation develops that causes the User to act in violation of this Code. Users are encouraged to promptly contact
and to work together in resolving the compliance concern.
AGREEMENT BETWEEN SHOSHORO N.V. AND THE INDEPENDENT PERFORMER (the Performer Agreement)
(20 November 2019)
Terms and Conditions Applying between SNV and the Performer (hereafter: Performer)
The following Performer Agreement and all terms and conditions shall apply to the legal relationship between SNV and the Performer.
This Performer Agreement describes the general terms & conditions that apply when a Performer uses the services provided by SNV, namely:
A. General Platform Services
B. SNV Payment Service (Billing)
1.1 This Performer Agreement replaces all previous agreements between the Performer and SNV and the available Payment Service (Billing) and General Platform Services" offered by SNV.
1.2 If the Performer has questions about this Performer Agreement, the Performer can consult the FAQ page (Frequently Asked Questions) or contact SNV via the contact form on the SNV Platform.
1.3 SNV has the right to make changes to the Performer Agreement. SNV will notify the Performer of such changes by means of placing the new, amended Performer Agreement on the SNV Platform, by means of an e-mail to the registered Performer upon request, or by other means. Changes will take effect 14 days after being announced, or at another time if this is stipulated in the notification. If the Performer is unable to agree with the changes the Performer Agreement will terminate.
1.4 This Performer Agreement is drawn up in the English language. In the event of a conflict between the English version and a version in another language the English version will prevail.
1.5 This form will be countersigned by SNV and consultable at any time on the Performer account.
2.1 Entertainment Webcam Service: a service offered and sold by the Performer.
2.2 E-Wallet: virtual credit balance registered by SNV upon receipt of funds from the User. The User's E-Wallet is stored in the SNV computer system. The E-Wallet is not an account but a virtual balance.
2.3 Financing Transaction: the transaction in which the User deposits credits into his/her virtual balance (E-Wallet).
2.4 General Platform Services: the services SNV provides to the Performer for the use of the SNV Platform in return for payment.
2.5 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday, the Payment Day will be postponed to the next following days.
2.6 Payment Instruction: the authorisation the User gives SNV to deduct the payment from the virtual credit balance in the User's E-Wallet for the Entertainment Webcam Services purchased from the Performer; these credits are automatically and instantly credited to the Performer Payment Account.
2.9 Payment Transaction: the transaction in which SNV transfers the credits held in the Performer's Payment Account into the bank account of the Performer.
2.10 Policy Rules: documents prepared by SNV and published on the SNV Platform containing mandatory or non-mandatory rules which apply to the relationship between SNV and the Studio Performer as a result of the Form including but not limited to Privacy/ GDPR rules, Code of Conduct, KYC rules and AML rules.
2.11 Reservation Requirement: the amount that SNV reserves temporarily in accordance with the Performer Agreement to cover possible payment cancellations by Users.
2.12 SNV refers to , registered with the Chamber of Commerce under number 122760, with its offices at E-Commerce Park Vredenberg, unit 23, Willemstad, Curaçao and to the companies and Partners affiliated with
2.13 SNV Payment Service: crediting the Performer Payment Account, upon the deduction of a virtual credit balance held by the User (E-Wallet), for payment of Entertainment Webcam Services the Performer has sold to the User.
2.14 SNV Platform: the technical platform exploited by SNV that enables the Performer to provide and sell Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services anonymously.
2.15 Performer: the party who offers and sells his Webcam Entertainment Services to the Users via the SNV Platform and either operates as an independent professional or as a micro company in his country of residence.
2.16 Performer Agreement: these general terms and conditions as agreed between the Performer and SNV also referred to as "you" or "Model".
2.17 Perform er Account: the Performer's personal registration on the SNV technical platform containing the personal information of the Performer (Performer's Profile and the Performer's Name).
2.18 Performer Fees: the fees SNV charges to the Performer for providing the General Platform Service and the SNV Payment Service.
2.19 Performer's Name: the name under which the Performer is registered. Also the name that, in combination with the personal password, gives access to the Performer's Account.
2.20 Performer Payment Account: the Performer's current account with SNV, to which SNV credits payments made by Users for the purchase of the Webcam Entertainment Services provided and sold by the Performer and to which SNV debits amounts owed to SNV by the Performer.
2.21 Performer's Profile: the full personal and physical description of the Performer.
2.22 Third Party: any party except the Performer and SNV.
2.23 Transaction Fees: the costs associated with the Payment Transaction.
2.24 User: a person who purchases entertainment services from the Performer via a Website connected to the technical platform of SNV and who may or may not use the SNV Payment Service (E-Wallet).
2.25 User Account: the User's personal registration on the SNV technical platform.
2.26 Website: a website linked to the technical platform of SNV.
2.27 Micro Company: an enterprise which meets two of the following three criteria and do not fail to do so for at least 10 years (1) fewer than 10 employees, (2) balance sheet total below 2 million euro and turnover below 2 million euro. (definition European Union).
3. Registration of the Performer
3.1 The Performer must be a person who is legally competent and authorised to sign binding agreements and must be at least 18. If the legislation in the country of the Performer differs from this rule the Performer Manager/Owner must be at least 21. For this purpose the Performer will supply a copy of a valid ID of the Performer together with his photograph.
3.2 A person whose (Studio) Performer Account has been temporarily or permanently suspended, cannot register a Performer.
3.4 The Performer is obliged to make a Performer Account by completing and sending the applicable on-line registration form and upload all forms as requested during the registration process.
3.5 The moment SNV has received and approved the documents, SNV shall send the Performer an e-mail to confirm the registration, a link and a password to access the Performer Account.
3.6 After approval the Performer will have access to the countersigned Performer Agreement on his Performer Account and will be able to offer and sell Webcam Entertainment Services (Effective Date).
3.7 The Performer shall be under the obligation to supply current, correct, complete and truthful data in respect of himself. The Performer shall furthermore be under the obligation to immediately inform SNV of any changes in said data (such as Address, Banking Information, etc.).
3.8 There is no charge for registering as a Performer.
3.9 In the event of non-compliance with this article SNV shall be entitled to dissolve the Performer Agreement with immediate effect or to suspend the Performer Agreement for an (in)definite period of time.
4. Password and Performer’s Name
4.1 The Performer is responsible for all actions (including but not limited to safeguarding the secrecy) involving the Performer’s Name and his password.
4.2 The Performer must observe all the appropriate security measures to protect his password. The Performer is not allowed to reveal such password to Third Parties.
4.3 Neither is the Performer allowed to permit Third Parties to use the Performer’s Name and his password either directly or indirectly.
4.4 The password and Performer’s Name given to the Performer is for that person ONLY.
4.5 The Performer indemnifies and holds SNV harmless from any loss of his password and/or Performer’s Name, including but not limited to; actual, total, capital or consequential loss, for reason of the Performer not safeguarding the secrecy of the password to their account. In this case, the Performer shall be liable for the costs incurred and the damage sustained by SNV. SNV shall never be liable to the Performer for any damage resulting from loss, theft, publication or misuse of the password of the Performer.
4.6 In the event there is any suspicion that the password and/or the Performer’s Name of the Performer are misused, the Performer shall immediately notify SNV thereof.
5. SNV is a technical platform only
5.1 SNV acts exclusively as a technical platform that enables the Performer to provide and sell Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services anonymously.
5.2 SNV does not check, monitor or validate the Entertainment Webcam Services provided and sold by the Performer and SNV is in no way involved in the Entertainment Webcam Services provided and sold by the Performer.
5.3 SNV has no control over the quality, safety or legality of the Entertainment Webcam Services offered and sold by the Performer, the Performer’s competence to offer and sell the Entertainment Webcam Services and the User’s competence to purchase the Entertainment Webcam Services.
5.4 SNV does not guarantee the Performer that the User will pay for the Entertainment Webcam Services purchased by the User from the Performer.
5.5 The provision and sale of the Entertainment Webcam Services by the Performer to the Users and the purchase of the Entertainment Webcam Services by the Users only constitute an agreement between the Performer and the Users. SNV is not a party to this sale.
5.6 The Performer agrees and acknowledges that SNV is not a party to and is not responsible for any dispute between the User and the Performer.
6. No representation
6.1 SNV on the one hand and the Performer on the other are independent professional parties; each party acts only in its own name and on its own behalf.
6.2 It is not the purpose of this Performer Agreement to establish an agency, mandate ship, partnership, joint venture or any other form of collaboration, an employer-employee relationship or a franchisor-franchisee relationship. The Performer Agreement consequently does not create any of the above.
7. Provision of Entertainment Webcam Services
7.1 The Performer is offering and selling the Entertainment Webcam Services to its customers which also means that the Performer has to comply with the applicable VAT rules in this respect as following from the decision of the European Court of Justice (ECLI:EU:C:2019:388).
7.2 SNV does not determine the price of the offered Entertainment Webcam Services.
8. Services provided by SNV to the Performer
8.1 SNV will provide the Performer:
I. General Platform Services
II. SNV Payment Service (Billing)
8.2 The amount of the Payment Transaction is based on 50% (or another percentage agreed otherwise) of the turnover of the Performer. The remaining amounts are retained by SNV to cover the payment of the invoices of SNV due by the Performer for the General Platform Services and the SNV Payment Services. In case part of the General Platform Services are provided by an Affiliate under a contract in this respect with AC Webconnecting NV, the part of the Performer Fees related to those services, will be retained for the account of AC Webconnecting NV.
8.3 The Performer can download at any time from his Performer Account the invoices which have been paid by retaining amounts from the Performer Fees as set out above.
8.4 Transaction Fees may apply depending on the chosen payment method as laid down in the Performer Account.
8.5 SNV is entitled to change General Platform Fees. Changes take effect 14 days after the change has been announced on the SNV Website, unless stipulated otherwise. If, in the 14 days after this change, the Performer notifies SNV that he/she does not accept the changes in question the Performer Agreement and the right to use the SNV paid services will terminate immediately upon receipt of this notification.
9. SNV Payment Service
9.1 The Performer is obliged to provide complete, up-to-date and correct registration information and information about the Performer Account and to update this information on a regular basis to keep it current and correct.
9.2 If a Financing Transaction is reversed for whatever reason (charge back from a User) SNV is entitled to recover such charge back from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
9.3 SNV will carry out the Payment Transaction if the amount of the Payment Transaction entirely covers the costs SNV will incur in respect of the chosen payment method.
9.4 SNV has a Reservation Requirement of 5 percent of Performer’s turnover. The Reservation Requirement is a temporary reserve (180 days) to cover potential payment cancellations (charge backs) by the User.
9.5 SNV can suspend a Payment Transaction if SNV, at its own discretion, suspects that the Transaction: is based on a factual error; is fraudulent or is made using a fraudulent or invalid method of payment.
9.6 SNV will notify the Performer about the suspension of any Payment Transaction.
9.7 SNV is entitled to deduct all payment obligations that SNV may accrue under this Performer Agreement from the Performer's Payment Account, in addition to all other rights and legal means available to SNV pursuant to this Performer Agreement.
9.8 SNV is not liable to the Performer or third parties for any loss suffered by the Performer as a result of imposed transaction limits, Reservation Requirements, payment cancellations or other refund demands.
9.9 The Performer agrees that:
a. the Performer's Payment Account may not be a deposit account;
b. SNV is not required to pay the Performer interest on any balance in the Performer's Payment Account.
9.10 Any dispute with respect to the SNV Payment Service must, in the first instance, be reported to the SNV online support team.
9.11 The Performer is not obliged to use the SNV Payment Service in providing and selling the Entertainment Webcam Services.
9.12 SNV is entitled to change its Billing Fees. Changes take effect 14 days after the change has been announced on the SNV Website, unless stipulated otherwise. If, in the 14 days after this change, the Performer notifies SNV that he/she does not accept the changes in question the Performer Agreement and the right to use the SNV paid services will terminate immediately upon receipt of this notification.
10.1 Each party declares and guarantees that he/she is legally competent and authorised to sign this Performer Agreement.
10.2 The Performer guarantees SNV that:
a. the Performer and the Performer will comply with:
• all the laws, regulations and bylaws that apply to the provision and sale of /his/her Entertainment Webcam Services;
• all the laws, regulations and bylaws related to the Performer’s use of the General Platform Services and/or SNV Payment Service
• (the rules resulting from) the Performer Agreement.;
• the national legislation of the country in which the Performer is located.
b. the Performer will not attempt to initiate or receive a Payment Transaction that is illegal or fraudulent or that conflicts with the applicable legislation and regulations;
c. the Performer will pay all taxes, levies and commissions it is due in connection with the use of the SNV services and/or the SNV Platform and/or the Website as well as in connection with the Webcam Entertainment Services sold by the Performer to the Users.
10.3 The Performer indemnifies and/or shall be liable for any damage sustained by SNV as a result of non-compliance with the stipulations of section 10.2 of the present article. The Performer cannot exculpate itself towards SNV by stating that the damage arose as a result of a violation by the Performer. The Performer shall be liable for its or its Performer's actions at all times.
10.4 SNV guarantees the Performer that she will provide the General Platform Services and the SNV Payment Service with reasonable care and professionalism.
10.5 SNV does not guarantee that the General Platform Services and the SNV Payment Service will meet all of the Performer’s requirements and will function uninterruptedly, be virus-free, safe or error-free.
11 Announcement and notification
11.1 Declarations, notifications and other announcements from SNV to the Performer can be made by post, e-mail, via publications on the SNV Platform or by any other reasonable method.
12. Obligations of the Performer
12.1 The Performer – and not SNV -is responsible and liable for the information placed in the Performer Account as well as for the Performer's Profile and the Performer’s name.
12.2 The information as mentioned in article 12.1 and any actions on the part of the Performer and/or the Performer cannot:
a. be incorrect, inaccurate or misleading;
b. be insulting, threatening, damaging or defamatory;
c. infringe copyrights, privacy or other rights;
d. break the law or violate any other regulations;
e. breach public order and/or public morals;
f. be obscene or inappropriate or contain child pornography;
g. create liability for SNV or cause the (full or partial) loss of its services;
h. cause the SNV technical platform to suffer interruptions or damage, function less efficiently or be influenced in such a way that its effectiveness or functionality is in any way diminished.
12.3 The Performer gives SNV a non-exclusive, worldwide, uninterrupted, irrevocable, royalty-free and transferable (via several third parties) license to exercise the copyrights, trademarks, publicity and database rights with respect to the Information (always including pictures, videos and online images) the Performer has placed on known and as of yet unknown media, to the extent that this is necessary to provide its General Platform Service to the Performer.
12.5 Any claim that a Performer may have, by a right in law or statute, by the Performer's failure of execution under this Performer Agreement, shall be safeguarded against SNV and the Performer shall indemnify SNV against all costs of such claims.
12.6 The Performer is not allowed to provide any personal information (including name, address, telephone number, e-mail address, social media accounts, etc.) of the Performers to Third Parties or to attempt to obtain such information from Third Parties in any way.
13. Fraud, money laundering and terrorism financing
13.1 Without prejudice to any other legal remedy, SNV can suspend or terminate the Performer's Account if actions on the part of the Performer cause SNV to reasonably suspect or give the impression that there is any form of involvement or association with fraudulent activities (fraud, money laundering and terrorism financing) on the SNV technical platform.
13.2 If the Performer commit(s) fraud or deliberately or as a result of gross negligence fails to comply with the stipulations of the Performer Agreement with respect to the Performer's Account, the Performer is liable for all loss suffered in relation to the unlawful transactions.
14. Violation of the Performer Agreement
14.1 SNV has the right to send the Performer an immediate warning, suspend or terminate the Performer and/or Performer's Account temporarily or indefinitely and refuse to provide services to the Performer if:
a. the Performer and/or the Performer violate(s) the Performer Agreement or the documents that form an integral part of the Performer Agreement.
b. it proves impossible for SNV to verify the correctness of the information provided by the Performer.
c. SNV feels that by his/her actions the Performer will or may cause damage to SNV.
15. Limitation of liability SNV
15.1 SNV can never be held liable for any direct or indirect damage or (consequential) loss, including but not limited to: any loss or falsification of data; loss of profits (suffered directly or indirectly);loss of turnover; loss of goodwill or reputation; loss of opportunity;
or for indirect, incidental, additional or any other damage, irrespective of whether the loss or damage is attributable to any change SNV has made to the SNV Platform or the SNV Payment Service, or due to a permanent or temporary interruption in the SNV Platform or SNV Payment Service, and irrespective of any negligence or other cause.
15.2 SNV's liability to the Performer – irrespective of the circumstances – is in any case limited to the total of the amounts the Performer has received from SNV in the 3 months preceding the legal action that gives rise to the liability, with a maximum of 100 Euros.
16. Account not Assignable
16.1 The Performer Account is non assignable, shall be strictly personal and must not be transferred to or used by any Third Party.
16.2 The Performer Account can only be used by the Performer for whom such account is created.
16.3 Creating a Performer Account or a Performer Account for a third party shall be prohibited.
17.1 The Performer agrees that SNV can freely and by operation of law transfer the rights and obligations arising from this Performer Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.
17.2 If SNV fails to act in respect of a violation of this Performer Agreement by the Performer or by others, SNV does not automatically waive the right to act in respect of later or similar violations.
17.3 If SNV does not exercise or enforce a legal right or legal remedy referred to in this Performer Agreement (or to which SNV is entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of SNV. Neither can it be considered a waiver of the right to act in respect of later or similar violations. SNV can and may always use its rights or legal remedies
17.4 This Performer Agreement, accompanied by the documents and Policy Rules in relation to the SNV Platform as published on the Platform, included, constitute the entire agreement between the Performer and SNV.
18. Applicable law
18.1 Curaçao law applies to this Performer Agreement.
18.2 Any disputes that arise or may arise between the Performer and SNV as a result of this Performer Agreement or subsequent agreements or other actions in relation to this Performer Agreement will be settled by the competent courts in Curaçao.
19. Termination of the Performer Agreement
19.1 The Performer Agreement will remain in place until such time as it is cancelled by the Performer or by SNV, as outlined below. If the Performer Agreement is cancelled, this means that the Performer Account and the Performer Accounts will be closed by SNV.
19.2 If the Performer wishes to terminate this Performer Agreement with SNV the Performer can do so at any time and free of charge by closing the Performer Account and the Performer's Account(s).
19.3 SNV can terminate the Performer Agreement with the Performer at any time without prior notice if: the Performer has violated the Performer Agreement or SNV is legally obliged to do so.
19.4 The termination of this Performer Agreement does not affect the legal rights, obligations and responsibilities the Performer and SNV have used, that have applied to the relationship between the Performer and SNV, or that arose in the period that the Performer Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period such as but not limited to "Definitions", "No representation", "Guarantees", "Obligations of the Performer", "Fraud, money laundering and terrorism financing", "Announcements and notification", "Applicable law" and "Other".
19.5 Upon termination of this Performer Agreement or any other termination of the use of the SNV Payment Service by the Performer, the Performer remains responsible for all cancellations and recovery costs (charge backs).
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