New user agreement
New user agreement
If You are a visitor or a user / buyer (hereinafter referred to as User) of the services (webcam) offered by the Performer on this site or if you use the payment service E-Wallet (electronic wallet) proposed by the company Shoshoro NV (hereinafter referred to as SNV), we invite you to consult this applicable user agreement.
This User Agreement describes the terms and conditions applicable when the User visits this website, when he purchases services (webcam) via the technical platform offered by SNV and when using the E-Wallet payment service (electronic wallet) offered by SNV.
The usage agreement constitutes a valid agreement, and governs the relationship between you as a user of SNV's technical platform or customer services offered by the Performers on the technical platform of SNV, and SNV , as a technical platform.
This usage agreement does not apply to the services offered by the Performers to users. SNV does not participate in the offer, sale and delivery of services (webcam) offered by the Performer. If you purchase services from a Performer, an agreement will be deemed to be between you and the Performer, SNV will not be party to this agreement.
Before you go to the site, you must read carefully and accept all the terms and conditions of this user agreement, including the documents and other regulations that are part of it for reference. If you do not wish to accept this User Agreement or if you do not understand the language used, please leave the SNV website.
1.1. This User Agreement supersedes all prior agreements and agreements between SNV and the User with respect to SNV's websites and SNV's E-Wallet payment service.
1.2. By effectively using SNV's technical platform or SNV's E-Wallet payment service, you are deemed to have accepted this User Agreement.
1.3. If you have any questions regarding this User Agreement, you can consult the FAQ section (frequently asked questions) or contact SNV via the contact form that you will find on the website.
1.4. SNV reserves the right to modify this User Agreement. SNV will inform the User by placing the new modified User Agreement on the SNV website. 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 use contract will end, by the effect of the law.
2.1. SNV refers to Shoshoro NV, a company registered in the commercial registry under number 122760, having its offices at the address mentioned below, E-Commerce Park Vredenberg, Unit 23. Willemstad, Curacao and related companies and partners in Shoshoro NV.
2.2. SNV website: a SNV technical platform
2.3. User Agreement: these general conditions are applicable to the User.
2.4. User: the natural person who purchases services from the Performer via the platform provided by SNV and, if necessary, uses the payment service SNV (E-Wallet).
2.5. User Account: the personal registration of the User on the SNV website.
2.6. User Name: the name under which the User is registered on the SNV website but also the name which, combined with the personal password, allows access to the User account.
2.7. Performer contract: the general conditions applicable to the Performer.
2.8. Performer: the natural person who offers services to the User via the platform provided by SNV.
2.9. The Performer account: the personal registration of the Performer on the SNV website or the Performer's website on the SNV technical platform which contains the Performer's information and his payment account.
2.10. Performer Name: The name under which the Performer is listed on the SNV website. But also the name which, combined with the personal password, allows access to the account of the Performer.
2.11. Performer Profile: The complete description of the Performer made by the Performer on his personal page.
2.12. Start date: the date on which the User accepts the usage contract.
2.13. Login data: data giving access to the User or Performer account.
2.14. Your information: all the information that you place yourself as a User on the SNV website or on your User account, including registration data, photos, videos, feedback and all other messages.
2.15. ISP: a technical computing platform that allows, through servers, to publish on the Internet information contained in the Performer account and services offered by the Performer.
2.16. Webcam service: a service offered by the Performer on SNV's technical platform.
2.17. E-Wallet (virtual wallet): virtual credit registered by SNV after receipt of funds from the User. The E-Wallet of the User is stored in SNV's computer system. E-Wallet is not an account but a virtual credit.
2.18. Financial transaction: the transaction by which the User feeds his virtual credit (E-Wallet).
2.19. Payment order: the authorization that the User gives to SNV to debit the cost of the services purchased by the User from the Performer of his virtual credit in his E-Wallet, to credit it simultaneously in the E-Wallet of the Performer.
2.20. Refund transaction: the transaction by which SNV transfers the money credited to the User's E-Wallet into a (private) account of the User.
2.21. Transaction costs: the costs associated with the payment transaction.
2.22. Direct payment: the payment by the User to Performer for services other than via the E-Wallet (electronic wallet).
2.23. Hosting: the provision, for a fee, of space on servers in a secure environment (data center) that will allow the Performer to provide information and services.
2.24. SNV payment service: credit the E-Wallet of the Performer and at the same time, debit the User's E-Wallet, for the payment of the services provided by the Performer to the User.
3. User Conditions.
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 site.
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 security measures to keep the password protected.
4.4. The User Agreement takes effect on the date on which the User has registered and has accepted the User Agreement (effective date).
4.5. Registration as a User is completely free.
5. SNV is only a technical platform
5.1. SNV acts as a technical platform allowing the Performer to anonymously provide services (webcam) and the User to anonymously purchase services (webcam).
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 intervenes only as a host. SNV hosts content and information that is placed by the Performer in his account. The Performer and the services it offers, and information placed by the User (Your information) in his account, on a technical computing platform (ISP) is for online publication and dissemination via internet servers.
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 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 parts. Each of them acts in his own name and on his own behalf.
6.2. This User Agreement is not intended to establish / create an agency, agency agreement, corporation, joint venture or any other form of cooperation or to establish an employer-employer or franchisor relationship. The above cannot be the subject of the User Agreement.
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 presumed that the services offered will be harmless for the User, for third parties 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 website.
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 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 or cause (in whole or in part) the loss of the services of our ISPs;
h. cause SNV's website to be broken, damaged or less efficiently operated, or have the effect that the SNV website is affected in such a way that its effectiveness or functionality is affected in any way.
8.3. The User may not undertake any action that undermines or is likely to compromise the integrity of the feedback system.
9. The payment service of SNV, E-Wallet (Electronic Wallet)
9.1. The E-Wallet is a virtual asset registered with SNV to the credit of the User upon receipt of funds paid by the User, and intended to allow the User to make 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. By crediting his E-Wallet, the User becomes a holder of a virtual credit at SNV that he can use to make payments to the Performers.
9.4. SNV can set loading limits for the E-Wallet.
9.5. In any case, E-Wallet (Electronic Wallet) cannot be considered as a deposit.
9.6. In no case does SNV pay interest on the balance of the E-Wallet.
9.7. 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.
9.8. SNV charges transaction fees in the amount of € 6.80 for a transfer, these charges are levied directly on the E-Wallet (Electronic Wallet).
9.9. In the event of a refund of his virtual credit on his private account, the User must provide complete, correct and current information of his (private) bank account.
9.10. A credit note on the User's Electronic Wallet may be claimed no later than 24 months after the User Agreement has ended.
9.11. The User agrees that he will not give access (or attempt to give access) to the E-Wallet to third parties via the interface made available by SNV.
9.12. The User may not undertake any activity that could hinder or interfere with the operation of the Electronic Portfolio (or the servers and networks to which the Electronic Portfolio is connected).
9.13. The User is prohibited from reproducing, duplicating, copying, selling, exchanging the E-Wallet or making it available to third parties for any reason whatsoever.
10. Direct payment
10.1. The Performer may be paid by the User other than the E-Wallet. The payment by the User to the Performer will then be made by any means they have mutually agreed upon.
10.2. The preservation of the anonymity of the User and / or the Performer will depend on the method of payment which they will then have agreed upon.
11. E-Wallet Payment Service (Electronic Wallet)
11.1. The Performer may choose to charge the User the services it offers, via the E-wallet (wallet) of the User.
11.2. 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 credit the Performer's account.
11.3. 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 site will be visible.
11.4. SNV does not charge any fees to the User for the use of the Electronic Wallet.
12. Rate modification
12.1. SNV reserves the right to change the costs. Unless otherwise stated, the changes take effect 14 days after their publication on the SNV website. The User may, within 14 days, let SNV know that he refuses to accept these changes. This User Agreement and the right to use the services of SNV will terminate immediately upon notification.
13. Privacy and personal data.
13.1. SNV acts as a technical platform allowing the Performer to anonymously provide services (webcam) and the User to anonymously purchase services (webcam). As a result, it is prohibited to publish personal information (name, address, telephone number, email address, social network account ...) unless explicitly agreed.
13.3. 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.
13.4. SNV will inform the User in the event that his User account is suspended. SNV will re-enable User Account credentials as soon as possible and after the causes of the suspension have been resolved.
14. Fraud / abuse
14.1. SNV may, in the event of suspected fraud with the Electronic Wallet, (make) 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 Electronic Wallet and termination of this User Agreement.
14.2. The User acknowledges that SNV may block a transaction, a payment order or any use of the Electronic Wallet when SNV reasonably suspects a case of fraud or money laundering, the violation of this User Agreement or a violation of the law. For example, when SNV suspects that the transaction is prohibited. When SNV blocks a transaction or payment order, the User is informed unless SNV is legally prevented from doing so or where this could compromise reasonable security measures.
14.3. In the event of fraud, intentional or subsequent to serious negligence of the User, or breach of the user's use contract, the User is responsible for all losses suffered by SNV as a result of / or in connection with these actions.
15.1. SNV is entitled to debit from the User's E-Wallet any payment obligation that the User may have contracted under this User Agreement, in addition to all other legal rights and remedies available to the User from SNV.
15.2. 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.
16.1. 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.
16.2. Claims or disputes arising from this User Agreement must first be reported to SNV online support.
17.1. 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 site.
17.2. The User guarantees that he will comply with all laws, regulations and regulations applicable to the purchase of services on the SNV website, as well as the use of the E-Wallet.
17.3. The User will not attempt to initiate, or take advantage of, any illegal, fraudulent or be in violation of applicable laws and regulations.
17.4. The User is obliged to pay the taxes, fees and commissions that may arise from the use of SNV services and / or the SNV website.
17.5. SNV guarantees to the User that access to the E-Wallet (wallet) will always be the subject of the greatest care within the limits of reasonable expertise.
17.6. SNV does not warrant that the services 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.
18. Exclusion of guarantees
18.1. SNV does not warrant that the access to the Website, the operation of the servers and the services of the Performer will be permanent, uninterrupted, fast / punctual, secure or infallible.
18.2. To the fullest extent permitted by law, SNV excludes all warranties, conditions or other terms, legal or implicit, quality or speed / punctuality of the provision of services.
19. Violation of the User Agreement
19.1. 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 access to the services to the User when:
a. the User does not respect the use contract 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 or guilty of fraudulent activity on the SNV website 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.
20. Limitation of liability of SNV.
20.1. Services offered and purchased on SNV's websites 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 website that may be harmful to physical or mental health.
20.2. 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 website or the Electronic Portfolio or due to temporary or permanent interruption of the SNV website or the Electronic Wallet, and regardless of whether it is due to negligence or any other cause attributable to SNV.
20.3. 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 Electronic Portfolio in the six months preceding the legal act giving rise to the responsibility, the whole with a maximum of 150 €.
21.1. 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.
21.2. 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 website, 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.
22. Announcements and notifications
22.1. Statements, notices and other announcements to the User may be made by post, e-mail, publications on the SNV website or by any other reasonable means.
22.2. All notifications to the User will be sent to the e-mail address that he has indicated to SNV during the registration process.
22.3. The User can consult free of charge the transactions carried out with his Electronic Wallet. The User agrees that he will not receive a statement in paper form.
23. Policy rules
23.1. 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 this User Agreement.
23.2. SNV can modify the policy rules. Important changes will be published on the SNV website.
23.3. Once these modifications have been published, the User may, within 14 days, inform SNV that he refuses to accept these changes. This user agreement and the right to use the services of SNV will then terminate immediately upon notification.
23.4. The policy rules to which it is referred, and which form part of this User Agreement are:
24. Termination of the relationship with SNV
24.1. The User Agreement applies until it is terminated by the User or by SNV as described below.
24.2. If the User wishes to terminate the usage agreement with SNV, he can do so immediately and free of charge by closing his user account.
24.3. SNV may terminate the User Agreement with the User at any time without notice when:
at. the User has violated an essential provision of the User Agreement or clearly shows, by the way he acts, that he does not intend or is unable to comply with the essential provisions of the User Agreement; or
b. SNV is obligated by law (for example, when the provision of the Electronic Wallet to the User is not or will not be legally authorized).
24.4. The termination of this User Agreement does not affect the rights, obligations and responsibilities arising from the law which the User and SNV have used and which governed the relationship between the User and SNV or arose during the period in which the contract of use applied or was indicated to remain valid for an indefinite period.
25. Governing Law
25.1. The law of Curaçao is applicable to the contract of use. Any dispute that may arise between the User and SNV, resulting from this contract or any other agreement or any other action in connection with this contract will be settled by the Court of Willemstad, Curaçao, except to the extent that binding rules of jurisdiction shall apply.
25.2. In the event of contradiction, whatever it may be, between the Dutch version and a version in another language of the present contract of use, the Dutch version prevails.
25.3. The court in Willemstad, Curaçao has exclusive jurisdiction in case of litigation.
26.1. The User acknowledges that the rights and obligations arising from this User Agreement 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.
26.2. The titles of the different sections of this user agreement are purely indicative and do not necessarily indicate precisely the content of the articles to which they refer.
26.3. If SNV fails to act as a result of a breach by the User or by third parties of this User Agreement, SNV does not automatically waive the right to act in the face of subsequent or similar violations.
26.4. If SNV does not exercise or enforce a legal right or remedy set forth in this User Agreement (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.
26.5. The provisions of the articles bearing the titles: "8. Information and actions of the User", "17. Warranties", "20. Limitations of responsibility of SNV", "22. Announcements and notifications", "25. Applicable law" and "26. Other" and other provisions and charges thereunder continue to apply after the termination of this User Agreement or upon the termination of this User Agreement.
26.6. This User Agreement together with the documents that form part thereof by reference and the policy rules followed constitute the entire agreement between the User and SNV
Performer CONTRACT (8th of November 2018)
If you are a provider of Entertainment services on this platform and if you use the ‘payment (billing), ICT hosting and marketing services’ provided by (hereinafter: SNV )please consult this Performer’s Agreement.
This Performer’s Agreement describes the general terms & conditions that apply when you offer and sell your services on an SNV technical Platform or if you use the services provided by SNV, namely:
A. ICT Hosting Service and Marketing Service (Electronic Services)
B. SNV Payment Service (Billing)
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer, and SNV.
Before you can offer and sell your services on the SNV technical Platform you need to carefully read and accept all the conditions and stipulations of this Performer’s Agreement, including the documents and policy rules that are part of the Agreement.
1.1 This Agreement replaces all previous agreements between the Performer and SNV with respect to the SNV technical Platforms and the available ‘payment (billing), ICT Hosting and Marketing Services’ offered by SNV.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions) or contact SNV via the online contact form of SNV.
1.3 SNV has the right to make changes to the Performer’s Agreement. SNV will notify the Performer of such changes by means of placing the new, amended Performer’s Agreement on the SNV technical 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’s Agreement will terminate.
2.1 SNV refers to Shoshoro NV registered with the Chamber of Commerce under number 122760, with its offices at , E-Commerce Park Vredenberg, unit 23, Willemstad, Curacao and to the companies and Partners affiliated with Shoshoro NV
2.2 Performer’s Agreement: these general terms & conditions that apply to the Performer.
2.3 Effective Date: the date on which the Performer accepts this Agreement.
2.4 User: a person who purchases Webcam 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).
2.5 User Account: the User’s personal registration on the SNV technical Platform.
2.6 Performer: a natural person who offers Webcam Entertainment Services to a User on an SNV technical Platform. Wherever the word ‘Performer’ is used this may also be read as ‘you’
2.7 Performer’s Account: the Performer’s personal registration on the SNV technical Platform and/or the web page of the Performer on the SNV technical Platform containing the information of the Performer and the Performer’s Payment Account.
2.8 Your Information: all the information you, as a Performer, put on the SNV technical Platform and/or on the Performer’s Account, including registration details, pictures, videos, feedback and all other communications.
2.9 Performer’s Profile: the full personal and physical description of the Performer.
2.10 Performer’s Name: the name under which the Performer is registered on the SNV technical Platform. Also the name that, in combination with the personal password, gives access to the Performer’s Account.
2.11 Website: A website linked to the technical platform of SNV.
2.12 Hosting: making space available for the placing of information and offering and providing services to the Performer on servers in a secure environment (data centre) in return for payment.
2.13 ICT, Hosting and Marketing: the services SNV provides to the Performer, jointly referred to as Electronical Services.
2.14 ISP: a technical IT platform enabling online publication and distribution of the information and services provided and offered by the Performer in the Performer’s Account via its servers on the Internet.
2.15 Payment Instruction: the authorisation the User gives SNV to deduct the payment of the Performers Fees from the virtual balance in the User’s E-Wallet; this amount is automatically and instantly credited to the Payment Account in the Performer’s Account.
2.16 E-Wallet: virtual balance registered by SNV upon transfer of funds by 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. All funds still available in the E-Wallet are owned by the User.
2.17 Webcam Entertainment Service: a service offered and sold by a Performer to a User.
2.18 SNV Payment Service: the crediting of the Performer’s Payment Account by deducting an equal amount from the User’s E-Wallet, for payment of the entertainment services the Performer has provided and sold to the User.
2.19 Billing Fees: the fees SNV charges to the Performers for the SNV Payment Service.
2.20 Financing Transaction: the transaction by which the User deposits funds into his/her virtual balance (E-Wallet).
2.21 Login Details: the combination of Username and password SNV provides to the Performer for accessing the personal Performer’s Account.
2.22 Payment Account: the Performer’s personal current account with SNV, to which SNV credits the Performers Fees..
2.23 Transaction Fees: the costs associated with the Payment Transaction.
2.24 Payment Transaction: the transfer of funds from the Performer's Payment Account into a personal account of the Performer.
2.25 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday in Curaçao, the Payment Day will be the next working day.
2.26 Reservation Requirement: the amount that SNV reserves temporarily in accordance with the Performer’s Agreement to cover possible payment cancellations by Users.
2.27 Performer’s Fees: the fees due by the User to the Performer for the purchase of the Webcam Entertainment Services by the User from the Performer.
2.28 Electronical Fees: the fees due by the Performer to SNV for the providing of the Electronical Services.
2.29 Affiliates: third parties with whom AC Webconnecting NV has concluded agreements to provide and offer marketing services to the Performers.
3. Conditions 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 must be at least 21.
3.2 The Performer cannot be a person whose Performer’s Account has been temporarily or permanently suspended for legal reason.
4. Registration and agreement
4.1 In order to complete the registration the Performer will select a Performer’s name and password.
4.2 The Performer is personally responsible for all actions involving the Performer’s name and password. The Performer can only access the SNV technical Platform with the personal Performer’s name and password.
4.3 The Performer’s Agreement takes effect on the date the Performer registers and accepts the Performer’s Agreement (Effective Date).
5. SNV is a platform only
5.1 SNV acts exclusively as a technical platform that enables the Performer to offer, provide and sell its Webcam Services anonymously and enables the User to purchase Webcam Entertainment Services anonymously directly from the Performer.
5.2 SNV does not check or monitor the services provided by the Performer and SNV is in no way involved in the services provided by the Performer.
5.3 SNV acts exclusively as a service provider. SNV only hosts the content of the information and services provided and offered in the Performer’s Account (Performer’s Information) and the information put in the User Account by the User on a technical IT platform (ISP) for online publication and distribution via its servers on the Internet and via the sites connected to the technical platform of SNV (SNV Technical Platform).
5.4 SNV has no control over the quality, safety or legality of the Webcam Entertainment Services offered and sold by the Performer, the Performer’s competence to offer and sell the Webcam EntertainmentServices and the User’s competence to purchase the Webcam Entertainment Services. SNV does not guarantee the Performer that the User will pay for the purchased service and SNV does not guarantee the User that the Performer will provide the Webcam Services to the User.
6. No representation
6.1 SNV on the one hand and the Performer on the other are independent parties; each party acts only in its own name and on its own behalf.
6.2 It is not the purpose of this Performer’s 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’s Agreement consequently does not create any of the above.
7. Provision of services
7.1 Only a registered Performer can offer and sell his Webcam Entertainment Services on the SNV Technical Platform.
7.2 The Performer is responsible for the choice of classification under which the Webcam Entertainment Services are offered.
7.3 Actions and transactions are not approved and/or validated by SNV. The Performer is personally responsible for the legality of his/her actions and offered Webcam Services..
7.4 The Performer determines the price of the offered Webcam Services.
7.5 You are supplying entertainment services to your customers. If you and the User are based in the EU article 54 of the EU VAT Directive 2006/112 is applicable. SNV is a service provider and supplies you financial services and electronic services. If you are based in the EU article 44 and article 196 of the EU VAT Directive 2006/112 is applicable.
7.6 By selling your services via the SNV platform you are considered to be an entrepreneur. Depending on the applicable rules of your country of residence, you may or may not be obliged to charge VAT over your services rendered to your clients. We advise you to consult your local accountant to inform yourself about your particular VAT status in this respect. If your services are subject to VAT, you are personally responsible for your VAT declarations in this respect.
8. Costs and payouts
8.1 There is no charge for registering as a Performer.
8.2 In connection with the sale of the Webcam Services by the Performer to the User, SNV provides to the Performer :
SNV Payment Service (Billing)
8.3 The amount of the Payment Transaction is based on a range between 40% and 50% of the turnover of the Performer. The remaining amounts of the Performers Fee are retained by SNV to cover (1) the payment of the invoices of SNV due by the Performer for the Electronical Services (between 32% and 42%), which amount represents the Electronical Fees and (2) the Billing Fees (fixed at 18%).
In case the Marketing Services are been provided by an Affiliate under a contract in this respect with AC Webconnecting NV, SNV will on behalf of AC Webconnecting NV retain from the Performers Fee the fee of that Affiliate . The Performer has the right to download at any time from his Personal Performer Account the invoices which have been paid by retaining amounts from the Performers Fees as set out above.
8.4 When transferring amounts from the Payment Account to the Performer's (personal) account SNV doesn't charge any Transaction Fee in case of use of XLC card, or SEPA wire. In all other cases SNV will charge transaction fee.
8.5 SNV is entitled to change the fees the Performer is due to SNV that is the fees for the
Electronic Services and/or the fees for the SNV Payment Service and/or the Transaction Fees.. Changes will take effect 14 days after the change has been announced on the SNV Technical Platform, 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's Agreement and the right to use the Electronical and Billing Services 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 his/her (personal) account and to update this information on a regular basis to keep it current and correct.
9.2 The Performer agrees that:
a. the sale of the Performer's Webcam Services constitutes a transaction between the Performer and the User; SNV is not a party to this sale.
b. SNV is not responsible for and has no influence on the completion or the payment of the Performer’s Fee for the Webcam Services purchased by the User.
9.3 If a Financing Transaction is reversed for whatever reason (cancellation) SNV is entitled to recover the payment from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
9.4 SNV has a Reservation Requirement of 5 percent of the amount of the Webcam Services the User has purchased from the Performer. The Reservation Requirement is a temporary reserve (180 days) to cover potential payment cancellations 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;
is a possible case of money laundering.
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's Agreement from the Performer's Payment Account, in addition to all other rights and legal means available to SNV pursuant to this Performer's 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.
10. Additional conditions SNV Payment Service
10.1 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
10.2 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.
10.3 Any dispute with respect to the SNV Payment Service must, in the first instance, be reported to the SNV online support team.
11.1 Each party declares and guarantees that he/she/it is legally competent and authorised to sign this Performer’s Agreement.
11.2 The Performer guarantees SNV that he/she is at least 18. If the legislation in the country of the Performer differs from this rule the Performer must be at least 21. For this purpose the Performer will supply a copy of a valid ID.
11.3 The Performer guarantees SNV that:
a. the Performer will comply with all the laws, regulations and bylaws that apply to the provision of his/her Webcam Services or are otherwise related to the Performer’s use of the SNV Payment Service;
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 which will be due for the Performer in respect of the use of the Electronical Services and/or the SNV Payment Services and/or the SNV Technical Platform.
11.4 Irrespective of whether the Performer is a natural person (private individual) or legal entity (company), certain taxes, social insurances, or other levies or charges may apply in connection with the Webcam Services offered and sold by the Performer. The Performer is liable for all such amounts that are or will be owed by the Performer in their own country of residence or any other country.
11.5 SNV guarantees the Performer that the SNV Payment Service will be provided with reasonable care and professionalism.
11.6 SNV does not guarantee that the SNV Payment Service will meet all of the Performer’s requirements or that the SNV Payment Service will function uninterruptedly, be virus-free, safe or error-free.
12. Announcement and notification
12.1 This Performer’s 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.
12.2 The Performer agrees that SNV can send the Performer electronic messages that relate to the Performer’s use of the SNV Payment Service or any other matter.
13. Information and actions on the part of the Performer
13.1 The Performer is solely responsible and liable for the Performer’s Information placed on the SNV Technical Platform. The Performer is obliged to comply with all the applicable national, European and international regulations relating to the activities and services offered on the SNV Technical Platform.
13.2 This information and any actions on the part of 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 the services on ISPs of SNV;
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.
13.3 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 Performer’s Information
(always including pictures, videos and online images) placed on known and as of yet
unknown media, to the extent that this is necessary to provide the Marketing Service to the
14. Fraud or money laundering
14.1 Without prejudice to any other legal remedy, SNV can suspend or terminate a 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 on the SNV Technical Platform.
14.2 If the Performer commits fraud or deliberately or as a result of gross negligence fails to comply with the stipulations of the Performer’s Agreement with respect to the Performer’s Account, the Performer is liable for all loss suffered in relation to the unlawful transactions.
15. Violation of the Performer’s Agreement
15.1 Without prejudice to any other means available to SNV, SNV has the right to send the Performer an immediate warning, suspend or terminate the Performer’s Account temporarily or indefinitely and refuse to provide services to the Performer if:
a. the Performer violates the Performer’s Agreement or the documents that form an integral part of the Performer’s Agreement for reference purposes;
b. it proves impossible for SNV to verify the correctness of the information provided by the Performer; or
c. SNV suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with fraudulent activities on the SNV Technical Platform;
d. SNV feels that by his/her actions the Performer will or may cause damage to SNV.
16. Limitation of liability SNV
16.1 The services offered and purchased on the SNV Technical Platforms are not validated by SNV. The Performer is solely liable for the lawfulness of his/her actions. SNV accepts no liability whatsoever associated with a potential risk or deficiency of the Webcam Services offered on the SNV Technical Platform that can affect physical or mental health.
16.2 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 Technical Platform or the SNV Payment Service, or due to a permanent or temporary interruption in the SNV Technical Platform or SNV Payment Service, and irrespective of any negligence or other cause.
16.3 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 6 months preceding the legal action that gives rise to the liability, with a maximum of €150.
17.1 The Performer will compensate SNV and protect SNV against any entitlement or claim whatsoever - including reasonable solicitors’ fees - on the part of a third party and that is attributable to or arises from a violation of this Performer’s Agreement or the documents that form part of the Agreement for reference purposes, a violation of any law or regulation whatsoever or the infringement of the rights of a third party by the Performer.
17.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the SNV Technical Platform the Performer indemnifies SNV against any claims, liability, damage, loss, costs and fees, including legal fees, known or unknown, that are associated with such an entitlement, claim or dispute.
18. Announcements and notification
18.1 Declarations, notifications and other announcements from SNV to the Performer can be made by post, e-mail, via publications on the SNV Technical Platform or by any other reasonable method.
18.2 All announcements intended for the Performer will in principle be sent to the e-mail address the Performer provided to SNV upon Registration.
19. Policy rules
19.1 SNV reserves the right to formulate policy rules that have the objective of complementing the general terms & conditions and/or flesh out or reformulate the existing stipulations. Policy rules form an integral part of the Performer’s Agreement.
19.2 SNV can change the policy rules from time to time. Important changes will be announced on the SNV Technical Platform.
19.3 After notification the Performer can, in the 14 days after a change, notify SNV of the refusal to accept the changes in question. After this notification this Performer's Agreement and the right to use the Electronical Services and the SNV Payment Services will terminate immediately upon receipt of the notification.
20. Termination of relationship with SNV
20.1 The Performer’s Agreement will remain in place until such time as it is cancelled by the Performer or by SNV, as outlined below.
20.2 If the Performer wishes to terminate this Performer’s Agreement with SNV the Performer can do so at any time and free of charge by closing the Performer’s Account.
20.3 SNV can terminate the Performer’s Agreement with the Performer at any time without prior notice if:
a. the Performer has violated an essential stipulation of the Performer’s Agreement or has made it clear by his/her actions that he/she does not intend to comply or is not capable of complying with the essential stipulations of the Performer’s Agreement; or
b. SNV is legally obliged to do so.
20.4 The termination of this Performer’s 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's Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
20.5 Upon termination of this Performer’s 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.
21. Applicable law
21.1 Curacao law applies to this Performer’s Agreement. Any disputes that arise or may arise between the Performer and SNV as a result of this Performer’s Agreement or subsequent agreements or other actions in relation to this Performer’s Agreement will be settled by the compentent courts in curacao.
21.2 In the event of a conflict between the English version of this Performer’s Agreement and a version in another language, the English version will prevail.
22.1 The Electronic Services ICT, Hosting and Marketing as well as the SNV Payment Service (Billing) referred to in this Performer’s Agreement are supplied by SNV.
22.2 The Performer agrees that SNV can freely and by operation of law transfer the rights and obligations arising from this Performer’s Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.
22.3 The titles of the various sections of this Performer’s Agreement are indicative only and do not necessarily give an exact indication of the content of the articles to which they refer.
22.4 If SNV fails to act in respect of a violation of this Performer’s Agreement by the Performer or by others SNV does not automatically waive the right to act in respect of later or similar violations.
22.5 If SNV does not exercise or enforce a legal right or legal remedy referred to in this Performer’s 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.
22.6 The provisions in the following articles: ‘13. Information and actions on the part of the Performer’, ‘16. Limitation of liability SNV’, ‘17. Indemnity’, ‘18. Announcements and notification’, ‘21. Applicable law’ and ‘22. Other’ and any other provision insofar as applicable continue to exist after the termination or expiry of this Performer’s Agreement.
22.7 This Performer's Agreement, accompanied by the documents and policy rules included for reference purposes, constitutes the entire agreement between the Performer and SNV.
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This Cookies Policy has been last updated today April 13th, 2018 at 13:30 CEST.
Privacy Statement of
25 May 2018
Data protection is of a particularly high priority for our company. During the processing we conform to the requirements of the applicable data protection legislation, notably the EU General Data Protection Regulation (GDPR). This means we:
- clearly specify our purposes before we process personal data, by using this Privacy Statement;
- limit our collection of personal data to only the personal data needed for legitimate purposes;
- first ask for explicit permission to process your personal data in cases where your permission is required;
- take appropriate security measures to protect your personal data and we demand the same from parties who process personal data on our behalf;
- respect your right to inspect, correct or delete your personal data held by us.
is the party responsible for all data processing. In this privacy statement, we will explain which personal data we collect and for which purposes. We recommend that you read it carefully.
Certain features of our service require you to register beforehand. You will have to provide some information about yourself and choose a username and password for the account that we will set up for you.
For this purpose, we use your name and address details, phone number, invoice address, email address, payment details and nickname.We need this data because of our agreement with you. We store this information until you close your account.
We will retain this data so that you do not have to re-enter it every time you visit our website, and in order to contact you in connection with the execution of the agreement and to provide an overview of the services you bought on the platform.
Via m.divascam.com you can load credit in your Ewallet to buy services from other parties. This requires certain personal information. We share this with the payment providers to facilitate Ewallet loads.
For this purpose, we use your name and address details, invoice address, email address and payment details. We need this data because of our agreement with you. We store this information during the legal retention period imposed by the tax regulator.
We can inform you about new products or services through our newsletter. You can object at all times against this promotional communication. Every e-mail contains a cancellation link.
The consent to the data storage of personal data, which you have given for the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter any time directly on the platform.
Our website shows generic advertisements. We do not collect personal data for this purpose.
You can disable cookies through your browser settings but this may render some functionality unusable.
Providing Data to Third Parties
Except for the parties mentioned above, we do not under any circumstance provide your personal data to other companies or organisations, unless we are required so by law.
We keep statistics on the use of the website, giving us access to individual data. We use these statistics to improve presentation and functioning of the website. However, we only access individual data insofar as necessary for the purposes set out in this statement.
We take appropriate security measures to reduce misuse of and unauthorised access to personal data.
Changes to this Privacy Statement
We reserve the right to modify this statement. We recommend that you consult this statement on a regular basis, so that you remain informed of any changes.
Inspection and Modification of your Data
You have the following right:
- Being informed on which personal data we have and what we are using it for;
- Inspection of the personal data that we keep from you;
- Having incorrect data corrected;
- Request to delete outdated personal data;
- Revoke your consent;
- Object to certain uses.
Please note that you always make clear who you are, so that we can assure that we do not modify or remove the data from the wrong person.
If you think that we are not helping you in the right way, you have the right to lodge a complaint at the data protection authority in your country if you are based in the European Union. For example in the The Netherlands, the Autoriteit Persoonsgegevens.
18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement
, a Curaçao Corporation, does hereby voluntarily state that all performers appearing on this web site and issuing their respective sexually explicit images, were at least 18 (eighteen) years-of-age with governmental picture identity records on file in compliance with the spirit of 18 U.S.C. §2257.
Documentation as aforesaid is retained and only disclosed in conformance with Curaçao and EU Privacy Statutes.
Please direct any inquiries to:
Custodian of Records