New user agreement

USER AGREEMENT



If you are a visitor, user and/or buyer of erotic webcam services offered on this website by the Performer or if you use the E-Wallet payment service provided by Shoshoro N.V. (hereinafter: SNV) please consult this User Agreement.



This User Agreement describes the general terms & conditions that apply to the use of this website and constitutes a legally valid contract determining the relationship between you, as the User, and SNV.



Before you visit the website you need to carefully read and accept all the conditions and stipulations of this User Agreement, including the documents and policy rules that form part of the Agreement for reference purposes. If you are unable to agree with the User Agreement or if you are unable to understand the language/wording, please leave this SNV site.



1. General

1.1 This User Agreement replaces all previous agreements between the User and SNV with respect to the SNV Website and the available E-Wallet service provided by SNV.

1.2 You are deemed to have accepted this User Agreement if you effectively use the SNV Website or the E-Wallet service.

1.3 In the case of questions about this User Agreement please consult the FAQ page (Frequently asked Questions) or contact SNV via the contact form on the website.

1.4 SNV has the right to make changes to the User Agreement. SNV will notify the User of such changes by means of placing a new, amended User Agreement on the SNV Website, by means of an e-mail to the registered User 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 User is unable to agree with the changes the User Agreement will terminate.



2. Definitions

2.1 SNV refers to Shoshoro N.V., registered with the Chamber of Commerce under number 122760, with its offices at E-Commerce Park Vredenberg, Unit 23, Willemstad, Curaçao and to the companies and Partners affiliated with Shoshoro N.V..

2.2 User Agreement: these general terms & conditions that apply to the User.

2.3 Effective Date: the date on which the User accepts the User Agreement.

2.4 User: a person who purchases services from the Performer via an SNV Website and who may or may not use the SNV payment service (E-Wallet). Wherever the word 'User' is used this may also be read as 'you'.

2.5 User Account: the User's personal registration on the SNV Website.

2.6 Performer: a natural person who offers services to a User on an SNV Website.

2.7 Performer's Account: the Performer's personal registration on the SNV Website and/or the web page of the Performer on the SNV platform containing the information of the Performer and the Performer's Payment Account.

2.8 Login Details: details that give access to the User Account.

2.9 User Name: the name under which the User is registered on the SNV Website. Also the name that, in combination with the personal password, gives access to the User Account.

2.10 Your Information: all the information you, as a User, put on the SNV Website, including registration details, pictures, videos, feedback and all other communications.

2.11 Hosting: making space available for the placing of information and services offered by the Performer on servers in a secure environment (data centre) in return for payment.

2.12 SNV Website: a technical platform of SNV.

2.13 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.

2.14 Payment Instruction: the authorisation the User gives SNV to deduct the payment for the services purchased from the Performer by the User from the virtual balance in the 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 receipt of funds from the User. The User's E-Wallet is stored in the SNV computer system. The E-Wallet is not an account but a virtual balance.

2.16 (Erotic) Webcam Service: a service offered by a Performer.



3. Conditions User

3.1 The User must be legally competent and authorised to sign binding agreements.

3.2 The User must be at least 18. If the legislation in the country of the User differs from this rule the User must be at least 21.

3.3 The User cannot be a person who cannot otherwise sign a binding agreement with SNV or a person whose account has been temporarily or permanently suspended.



4. Registration and User Agreement

4.1 In order to complete the registration the User must select a User Name and password. The User is personally responsible for all actions by the User involving the User Name and password.

4.2 The User Agreement takes effect on the date the User registers and accepts the User Agreement (Effective Date).



5. Costs

5.1 There is no charge for registering as a User. SNV does not charge the User fees for the use of the SNV Website and the E-Wallet service. The User can purchase paid services from the Performer. Purchasing paid services constitutes an agreement between the User and the Performer.



6. SNV is a platform only

6.1 SNV acts exclusively as a platform that enables the Performer to provide (webcam) services anonymously and enables the User to purchase (webcam) services anonymously.

6.2 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.

6.3 SNV acts exclusively as a host. SNV only hosts the content of the information and services put in the Performer's Account by the Performer and the information placed in the User Account by the User (Your Information) on a technical IT platform (ISP) for online publication and distribution via its servers on the Internet.

6.4 SNV has no control over the quality, safety or legality of the offered services, the Performer's competence to offer services and the User's competence to purchase services. SNV does not guarantee that the Performer will deliver the offered service.

6.5 If the User does not wish to use the E-Wallet service the User can use another payment method, provided this method gives the Performer and SNV sufficient guarantees with respect to the obligations the User enters into.



7. No representation

7.1 SNV on the one hand and the User on the other are independent parties; each party acts only in its own name and on its own behalf.

7.2 It is not the purpose of this User Agreement to establish an agency, mandateship, partnership, joint venture or any other form of collaboration, an employer-employee relationship or a franchisor-franchisee relationship. The User Agreement consequently does not create any of the above.



8. Services

8.1 Only a User can purchase services on the SNV Website in return for payment.

8.2 The price of the services offered by the Performer is determined by the Performer. The price of the offered services is listed on the personal page of the Performer.

8.3 Actions and transactions are not approved and/or validated by SNV. Before purchasing a service the User must verify whether the User is authorised to purchase the service pursuant to the applicable law in the User's country of origin or residence.

8.4 It cannot be assumed that the offered services will be harmless to the User, to others, or to their property.

8.5 You are acquiring entertainment services supplied by the performers. If you and the performer are based in the EU, article 58 of the EU VAT Directive 2006/112 is applicable.



9. Privacy and personal data

9.1 Information about the way SNV protects data is outlined in the SNV privacy policy. This policy explains how SNV uses the personal data of the User and how the User's privacy is protected when he/she uses the E-Wallet service.

9.2 If SNV suspects fraud involving the E-Wallet service it can conduct an identity check or have this conducted.

9.3 The User's refusal to cooperate with an identity check can result in the immediate suspension of the use of the E-Wallet service and the termination of this User Agreement.



10. Information and actions on the part of the User

10.1 The User is responsible for the Information the User places on the SNV Website.

10.2 This information and any actions on the part of the User 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 of our ISP s;

h. cause the SNV Website 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.

10.3 SNV acts exclusively as a platform that enables the Performer to provide services anonymously and enables the User to purchase services anonymously. In view of this purpose it is not permitted to provide any personal information (including name, address, telephone number, e-mail address, social media accounts, etc.) to third parties or to attempt to obtain such information from third parties in any way.

10.4 The User cannot take any actions that (could) undermine the integrity of the feedback system.



11. Login Details and account security

11.1 The User is personally responsible for maintaining the confidentiality of Login Details linked to his/her User Account and for taking all reasonable measures to ensure this information remains confidential.

11.2 SNV will notify the User if his/her User Account is being suspended. SNV will reactivate the Login Details or reinstate the User Account as soon as possible once the reasons for the suspension have been resolved.



SNV payment service l E-Wallet

12. Paying with the E-Wallet service

12.1 'E-Wallet' is a virtual balance registered by SNV in the User's E-Wallet upon receipt of funds from the User.

12.2 The E-Wallet is stored in the SNV computer system. The E-Wallet is not an account but a virtual balance.

12.3 With respect to the E-Wallet service SNV is authorised by the Dutch Central Bank (De Nederlandsche Bank (DNB)).

12.4 By using the E-Wallet the User purchases virtual credit from SNV that he/she can use to make payments to the Performer.

12.5 SNV can set limits for charging the E-Wallet.

12.6 The User acknowledges and accepts the delivery of the Performer's services. Transactions are between the Performer and the User, not with SNV.

12.7 The User agrees that upon the purchase of a service from the Performer the amount payable to the Performer is instantly and automatically deducted from the User's virtual balance and credited to the Performer's Account.

12.8 The User agrees that SNV can block a transaction, Payment Instruction or other use of the E-Wallet service if SNV has a reasonable suspicion of fraud or money laundering, violation of this User Agreement or violation of the law, for example if SNV suspects that the transaction is prohibited. If SNV blocks a transaction or Payment Instruction the User will be notified of this fact, unless SNV is legally prohibited from doing so or if the notification would constitute a risk to reasonable safety measures.

12.9 The User can stop using the E-Wallet service at any time and is not required to notify SNV.



13. General use of the E-Wallet service

13.1 The User agrees that he/she will not provide (or try to provide) third parties with access to the E-Wallet by any means other than via the interface that is provided by SNV.

13.2 The User cannot undertake activities that have a disruptive or obstructive effect on the E-Wallet service (or the servers and networks to which the E-Wallet is connected).

13.3 Unless the User has received specific permission to do so - by means of a separate written agreement with SNV - the User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the E-Wallet or otherwise make it available to third parties.



14. Balance in the E-Wallet

14.1 A virtual balance in the E-Wallet cannot be refunded once the User has spent it. In the event of a refund transaction by the Performer the User's E-Wallet will be credited.

14.2 A balance in the User's E-Wallet can be reclaimed no later than 24 months after termination of the User Agreement.



15. Costs of using the E-Wallet service; Interest

15.1 SNV does not charge the User any fees for using the E-Wallet service.

15.2 SNV does not pay interest on the balance in your E-Wallet.



16. Disputes

16.1 Claims or disputes arising from this User Agreement will, in the first instance, be referred to the SNV online support team.



17. Exclusion of guarantees

17.1 SNV does not make any guarantees with respect to continuous, uninterrupted, timely, safe or error-free access to the website, servers and services of the Performer.

17.2 SNV excludes within the legally permitted restrictions, all guarantees, conditions or other stipulations, either implied by law or otherwise, including conditions of knowledge and care or timeliness of service provision.



18. Violation of User Agreement

18.1 Without prejudice to any other means available to SNV, SNV has the right to send the User an immediate warning, suspend or terminate the User Account temporarily or indefinitely and refuse to provide services to the User if:

a. the User violates the User Agreement or the documents that form an integral part of the User Agreement for reference purposes; or

b. it proves impossible for SNV to verify the correctness of the information provided by the User; or

c. SNV suspects that the User is engaged in, will be engaged in or is in any way involved or associated with fraudulent activities on the SNV Website; or

d. SNV feels that by his/her actions the User will or may cause damage to SNV.

18.2 In the event of fraud or violation of the User Agreement the User is liable for all loss suffered as a result of and associated with these actions.



19. Limitation of liability SNV

19.1 The services offered and purchased on the SNV Websites are not validated by SNV. The User is solely liable for the lawfulness of his/her actions. SNV accepts no liability whatsoever associated with a potential risk or deficiency of the services offered on the SNV Website that can affect physical or mental health.

19.2 SNV can never be held liable for any direct or indirect damage or (consequential) loss, including:

- 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 Website or the E-Wallet service, or to a permanent or temporary interruption of the SNV Website or E-Wallet service, and irrespective of any negligence or other cause.

19.3 SNV's liability to the User – irrespective of the circumstances – is in any case limited to the total of the amounts the User has paid the Performer via the E-Wallet service in the 6 months preceding the legal action that gives rise to the liability, with a maximum of €150.



20. Indemnity

20.1 The User undertakes to compensate SNV and protect SNV against any entitlement or claim whatsoever - including reasonable solicitors' fees - on the part of a third party that is attributable to or arises from a violation of this User 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 User.

20.2 If the User has an entitlement or claim against or a dispute with a Performer as a result of the use of the SNV Website, the User has no claim against SNV and the User 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.



21. Announcements and notification

21.1 Declarations, notifications and other announcements to the User can be made by post, e-mail, via publications on the SNV Website or by any other reasonable method.

21.2 All announcements intended for the User will be sent to the e-mail address the User provided to SNV during the registration procedure.

21.3 The User can access his/her E-Wallet transactions free of charge in the online transaction history of his/her E-Wallet. The User agrees that no written statements will be sent.



22. Policy rules

22.1 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 User Agreement.

22.2 SNV can change the policy rules from time to time. Important changes will be announced on the SNV Website.

22.3 After notification the User can, in the 14 days after a change, notify SNV of the refusal to accept the changes in question. After this notification this User Agreement and the right to use the SNV services will terminate immediately upon receipt of the notification.

22.4 The policy rules that form an integral part of this User Agreement for reference purposes are:

a. the SNV Privacy policy.



23. Termination of relationship with SNV

23.1 The User Agreement will remain in place until such time as it is cancelled by the User or by SNV, as outlined below.

23.2 If the User wishes to terminate this User Agreement with SNV the User can do so at any time and free of charge by closing the User Account.

23.3 SNV can terminate the User Agreement with the User at any time without prior notice if:

a. the User has violated an essential stipulation of the User 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 User Agreement; or

b. SNV is legally obliged to do so (for example if providing the E-Wallet service to the User is or becomes prohibited by law).

23.4 The termination of this User Agreement does not affect the legal rights, obligations and responsibilities the User and SNV have used, that have applied to the relationship between the User and SNV, or that arose in the period that the User Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.



24. Applicable law

24.1 Curaçao law applies to this User Agreement. This User Agreement is governed by and interpreted in accordance with Curaçao law. Any disputes that arise or may arise between the User and SNV as a result of this User Agreement or subsequent agreements or other actions in relation to this User Agreement will be settled by the courts in Curaçao.

24.2 In the event of a conflict between the English version of this User Agreement and a version in another language, the English version will prevail.



25. Other

25.1 The User agrees that SNV can freely and by operation of law transfer the rights and obligations arising from this User Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.

25.2 The titles of the various sections of this User Agreement are indicative only and do not necessarily give an exact indication of the content of the articles to which they refer.

25.3 If SNV fails to act in respect of a violation of this User Agreement by the User or by others SNV does not automatically waive the right to act in respect of later or similar violations.

25.4 If SNV does not exercise or enforce a legal right or legal remedy referred to in this User 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.

25.5 The provisions in the following articles entitled: '10. Information and actions on the part of the User', '19. Limitation of liability SNV', '20. Indemnity', '21. Announcements and notification', '24. Applicable law' and '25. Other' and other fees continue to exist after the termination or expiry of this User Agreement.

25.6 This User Agreement, accompanied by the documents and policy rules included for reference purposes, constitutes the entire agreement between the User and SNV.

Waiver

By entering this website I acknowledge to have read and understood the terms and conditions of the User Agreement. Furthermore, I acknowledge to understand that the services offered on this website are offered by third parties and not by SNV. Therefore, I agree that no liability on the part of SNV can ensue because of my use of the services offered on this website.