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.
Performer CONTRACT (27th of September 2019)
If you are a provider of Entertainment services on this platform and if you use the ‘payment (billing),general platform 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. General Platform 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), General Platform 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 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
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 General Platform services: the services SNV provides to the Performer for the use of the Platformin return for payment.
2.13 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.
2.15 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.
2.16 Webcam Entertainment Service: a service offered and sold by a Performer to a User.
2.17 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.
2.18 Billing Fees: the fees SNV charges to the Performers for the SNV Payment Service.
2.19 Financing Transaction: the transaction by which the User deposits funds into his/her virtual balance (E-Wallet).
2.20 Login Details: the combination of Username and password SNV provides to the Performer for accessing the personal Performer’s Account.
2.21 Payment Account: the Performer’s personal current account with SNV, to which SNV credits the Performers Fees..
2.24 Transaction Fees: the costs associated with the Payment Transaction.
2.25 Payment Transaction: the transfer of funds from the Performer's Payment Account into a personal account of the Performer.
2.26 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.
2.27 Reservation Requirement: the amount that SNV reserves temporarily in accordance with the Performer’s Agreement to cover possible payment cancellations by Users.
2.28 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.
2.29 General Platform Fees: the fees due by the Performer to SNV for the providing of the General Platform Services.
2.30 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 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 Entertainment Services 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 which also means that you have to comply with the applicable VAT rules in this respect.
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 :
General Platform Services
SNV Payment Service (Billing)
8.3 The amount of the Payment Transaction is based on a range between 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 General PlatformServices (46%), which amount represents the General Platform Fees and (2) the Billing Fees (4%).
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
General Platform 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 General Platformand Billing 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 General PlatformServices 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 General Platform 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 General Platformas 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.