This agreement (hereinafter referred to as "Services Agreement") governs the relationship between:
Duodecad IT Services Luxembourg S.à r.l., with registered address at 44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg, registered in the Luxembourg Trade and Companies Register under the number (R.C.S.) B 171.358, with a registered capital of EUR 12 500 (hereinafter referred to as "Website Operator") and the Model (hereinafter referred to as the "Model”, "me", "you" or "I") and/or - in case of creation of a Studio Account - the Studios (hereinafter referred to as "Studio" and as the case may be, "you", "me", or "I")
By filling in and submitting the sign-up form, and by clicking on the button "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)", the Model/the Studio gives its consent to, and notably its express consent to clauses regarding Declarations (4th clause) and Personal data (5th clause), and accept the following Services Agreement:
"I", "me", "you": either Model, Studio, or both of them, as the case may be.
"Model": a person providing adult entertainment services for the Website Operator.
"Model Account": a registered account open by the Model with the Website Operator upon acceptance of the terms and conditions hereof.
"Private Chat": a private form of communication/interaction (online) between a Member and a Model, explained in greater details on http://wiki.jasmin.com.
"Free Chat": a public form of communication/interaction (online) between Model(s) and Visitors/Subscribers, explained in greater details on http://wiki.jasmin.com.
"Free Chatroom": a designated virtual room online where Model(s) can communicate/interact with Visitors/Subscribers.
"Studio": a person (legal or natural) subscribing to a Studio Account, and who is providing adult entertainment services while contracting Models.
"Studio Account": a registered account of the Studio which may also register Models.
"Studio Models Contract": Contract between a Studio and its Models for rendering the Studio Models Services.
"Services": content/performance/chat services rendered by Models and Studios on the Websites and, as the case may be, the transmission and distribution of such content to the public through satellite or cable network ("broadcasting"). Such services namely comprise online adult entertainment services, more precisely, performing live webcam shows, webcam chats (oral and/or in writing), availability of other related products such as videos and/or snapshots of Models amongst others and uploading original content for the entertainment of Visitors/Subscribers worldwide, who have selected Models notably pursuant to live streams, images, offline (teaser) and so forth. Services are usually sold on a pay per view basis, exception made of some specific products which may be sold on a one time basis, as further specified hereof where relevant.
"Websites": different websites, including www.jasmin.com and any other website which might be operated by the Website Operator.
"Visitors /Subscribers": persons visiting and/or subscribing and/or buying Services on the Websites or receiving any of its content in any media available now or created in the future (also referred to as members or end users from time to time).
1st clause - Purpose
Whether natural or legal individuals, Models or Studios, all are acting under this agreement as professional services providers in the frame of their business/professional activities when rendering their services (not consumers).
Section A is only applicable to Models
By means of the present Services Agreement, I expressly mark my interest to render Services as a Model on the Websites promoted by the Website Operator and its affiliates, which currently manages a business to consumer (B2C) - interactive live streaming video chat site (based on the one available at www.jasmin.com) and broadcasting, according to the terms of this Service Agreement.
The Model undertakes not to provide any illegal, harmful, obscene, hateful, racial, ethnical or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while rendering the Services under this Services Agreement.
In order to improve the efficiency of the above-mentioned Services, I am authorized to use the help desk provided by the Website Operator and/or its service providers, whenever deemed convenient.
I hereby certify that the Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently the present Services Agreement does not determine my place or schedule for rendering the Services. The Website Operator does not tell me what my lawful content or my Services shall be, since I am fully aware, as a Model, that I must provide reliable and efficient services in full compliance with the applicable legislation and object of the present Services Agreement.
I hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for members of the Websites and I am aware of the requirements regarding quality and the obligations that are previewed in such terms and conditions. In case of any questions to this regard I can contact the Website Operator according to the contact details provided in this Service Agreement.
Models may render Services in one of the areas/categories available on the Websites, which are subject to change without prior warning from the Website Operator, with respect to standard requirements related to the Websites environment and experience intended by the Website Operator.
The Services shall be rendered by me with total autonomy and technical independency. Therefore, I am completely responsible and liable for my own actions, videos, audio, chat, dialogue, instructional videos, and advice, as a consenting responsible adult, and all decisions related to the content of my actions as Model are made at my own discretion.
Notwithstanding the above, I am acting under this Services Agreement as a professional when rendering the Services, nevertheless it is not intended that the Services rendered by me are to be viewed as being certified by public authorities or by any necessary diplomas, it being my responsibility to keep the end users duly aware of that fact. I understand that I am not in any way an employee of the Website Operator and/or of any other entity related to the Website Operator.
I hereby declare that under this Services Agreement I will render high quality Services, I will not provide any wrongful or misleading information to the member of the Websites knowingly and that at any moment I will be acting honestly and professionally.
Section B is only applicable for Studios
The Studio enters into this Services Agreement in view of providing Services to the Website Operator. For this purpose, the Studio may contract with Models. In any case, the Studio is solely responsible toward the WEBSITE OPERATOR for Services rendered by their Models.
The Studio understands and agrees that the services to be rendered by Models (hereafter referred to as the " Model Services") under the terms and conditions of the contract concluded between the Studio and the Models (hereafter referred to as the " Model Contract") are of adult entertainment nature, namely, to perform live webcam shows and chat through the Studio equipment for the entertainment of Visitors/Subscribers all over the world, who have selected such Models according to live streams, images, offline (teaser) and paying videos or receiving the broadcast.
The Studio understands and agrees that it is its responsibility to determine the terms and conditions of the Model Contract, which the Studio shall autonomously and independently determine without any influence of the Website Operator, provided that such a Model Contract does not result in the violation of the Studio’s obligations under the present Services Agreement and while procuring that the Models must follow the rules, where applicable, of this Services Agreement. Accordingly, the Models shall not be in a contractual or any other relationship of any nature with the Website Operator. The Studio agrees that it shall remain solely and completely responsible and liable for all the content, actions, shows, videos, chat, dialogue, and any other Models Services rendered under the Model Contract.
In order to improve the efficiency of the Models Services, I, as a Studio, am authorized to use the help desk provided by the Website Operator and its affiliates, whenever deemed convenient.
Website operator may grant certain advantages at its sole discretion to the Studio in order to keep the loyalty of the latter. Should any of such advantages affect the Models of that Studio, with special regard to the further registration of those Models on the Websites, then it is the sole responsibility of the Studio to reflect it in the Studio Models Contract.
I, as a Studio, hereby certify that the Website Operator does not possess any power of direction, subordination, or other kind of authority over me. Consequently the present Services Agreement does not determine the place or schedule for the Models to render the Models Services, which are determined in the Model Contract. The Website Operator does not tell me what my lawful content or the Models Services shall be, since I am fully aware, as a Studio, that I am responsible for the Models to render reliable and efficient services in full compliance with the applicable legislation and object of the Model Contract.
I, as a Studio, hereby certify that I have read and understood the terms and conditions of the Websites that are applicable for members of the Websites and I am aware of the level of quality and obligations that are previewed in such terms and conditions. In case of any questions to this regard I can contact the Website Operator according to the contact details provided in this Service Agreement. In this respect, I hereby certify that I am liable for the Models, in compliance with their obligations under the Model Contract, to render the Models Services according to the level of quality and obligations that are previewed in the terms and conditions of the Websites that are applicable for members of the Websites.
The Studio is acting under this Services Agreement as a professional in the frame of the exercise of my business activities (as opposed to consumers) when rendering the Services and thus will be solely responsible for paying all applicable taxes. As a general rule, the Studio is required to provide invoices for all services rendered to the Website Operator. Such invoices shall comply with all applicable domestic law and EU law, as the case may be. In case the Studio cannot provide an invoice to the Website Operator, the latter may generate a self-invoice. By acceptance of this Services Agreement, the Studio agrees to the Website Operator operating a self-invoicing system, if needed, and accepts each self-invoice to be issued by the Website Operator in respect of services provided by the Studio. It is not intended that the Studio is to be viewed as being certified by public authorities or by any necessary diplomas, it being the Studio’s responsibility to keep the end users duly aware of that fact. As a Studio, I understand that I am not and that the Models are not in any way employees of the Website Operator and/or of any other entity related to the Website Operator.
I hereby commit, as a Studio, that under the Model Contract, the Models will render the Models Services with high quality, will not provide any wrongful or misleading information to the member of the Websites knowingly and that at any moment the Models will be acting honestly and professionally.
The Studio further engages to guarantee that the Models respect the requirements applicable for the Studios as well as the requirements for Models as provided in clause 1 A above.
2nd clause - Duration
This Services Agreement shall be effective as from the date when the Model/the Studio registers on the Websites and accepts this Services Agreement by clicking on the button "I agree, understand and I accept this Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)", and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Services Agreement.
3rd clause - Fees
I acknowledge that the amount to be paid for the Services rendered, within the scope of the present Services Agreement, will be published on the Websites. I, as a Model/Studio, agree with the Website Operator that the amount to be paid for the Services rendered on the Websites shall vary in accordance to the charge option chosen (i.e., per minute fees that I discretionarily choose, and which are paid by visitors to the Website Operator for the Services offered by me through the Websites).
I understand and accept that the amounts to be paid by the Website Operator to me will correspond to a certain percentage (varying according to the type of Services) of the chosen charge option (i.e. certain percentage of the price paid by the Visitors/Members of the Websites to the Website Operator) as described above which percentage and charge options will be published on my registration account and/or my sales page (which I can consult before any rendering of Services). I understand and accept that no royalty shall be due to me for any original content uploaded by me to the Websites or for any content of me which is broadcasted. I fully understand and acknowledge that the Visitors/Members of the Websites are the customers of the Website Operator.
I am fully aware that prices shall be due as rounded American dollar amounts without additional cents. Consequently, I agree that fractional payment amounts will not be credited to me. The price referred to in the present clause shall be paid by means of, bank wire transfer, Payoneer, check, or other payment methods available and chosen at the Website Operator's own discretion.
I also acknowledge that the price to be paid for rendering the Services may be proportionately and adequately reduced in case of my/Studio Performers’ unlawful conduct, namely, in violation of the present Services Agreement and/or applicable legislation, and/or in case of separate arrangement pursuant to the terms of the Services Agreement hereof that would be conducive to such a decrease where applicable.
The prices per minute payable by Visitors/Members and which also constitute the base for counting amounts earned by me as described above are subject to change at the Website Operator’s own discretion and upon prior notification to me. In case of a substantial change in the amount of available price to charge, I shall have the possibility to terminate the present Services Agreement upon reception of such change; otherwise if I continue providing services through the Websites, it shall be considered as tacit acceptance to such changes.
Credit card fraud is a crime, and the Website Operator will do everything in its power to help local and international agents to trace people committing such felonies. The Website Operator will NOT pay any fees in case of fraudulent purchases. The purchases MUST originate from the owner of the credit card or have permission from the owner for using their credit card. The Website Operator team does everything in its power to minimize the percentage of fraudulent purchases. If you know of ANYONE committing such activities please notify us, so that you can help us protect our Websites.
4th clause - Declarations
I hereby certify that I am, and as the case may be, that Models under my Studio Account as well as any person appearing in camera area or pictures, are at least 18 years of age (or 21 when so required by local law), or age of majority in my/their legal jurisdiction (whichever is greater). By ticking/clicking the "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)" checkbox/button I certify that I or the Models as the case may be, have reached the age of majority and that I will NOT provide the Website Operator with false identification (including my or the Models’ name, address and/or date of birth).
I am fully aware that the Website Operator, will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which origin from the Visitors/Members and/or Models/Studios of the Websites or from any other person or third entity to the present Services Agreement.
I certify that all decisions related to the rendering of Services are made at my, or as the case may be, at the Models’ own discretion, that such Services do not violate the local community standard of "obscenity" in my/their area, nor do they violate any other laws. I am completely responsible for my own actions as a consenting adult and as the case may be, for any actions of the Models. I also certify that I am, and as the case may be, that the Models under my Studio Account are, also aware of my/their criminal liability and therefore, I/they will act, under all circumstances, in accordance to my/their local community standard of morality and applicable laws. Moreover, I certify that I am not under the influence of drugs or alcohol, and that I am, and as the case may be, the Models are, rendering the Services/ Models Services in the video/film and appearance(s) of my/their own free will.
I will indemnify and hold the Website Operator harmless from all liabilities related to the Services rendered in the framework of this Services Agreement. I hereby discharge all persons related to the Website Operator of any past, present, or future liabilities in the framework of this Services Agreement.
I further represent that I have fully read and agree with the contents of this Services Agreement prior to its execution. I have not been induced or forced by the Website Operator, its agents, employees, nor anyone acting on their behalf to sign this Services Agreement. As I accept the terms of this Services Agreement I certify that the identification that appears above is true and accurate. I also certify, as a Model or as a Studio as the case may be, that I, or the Models will not provide any defamatory, abusive, threatening, racially offensive, or illegal material, and have no intention of supporting immoral interests. I understand that if the Website Operator suspects that I, or as the case may be, the Models have provided forbidden content, my account(s) will be frozen immediately for further investigation and it may result in the permanent termination of my account(s), and in the cancellation and forfeiture of all payments from the Website Operator.
I also certify that I will not force anyone to render Services on Websites promoted by the Website Operator and that all Models under my Studio Account, as the case may be, are providing Models Services through the Websites by their own free will. I will not solicit or take part in anything related to escort services or prostitution. By marking the checkbox "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)" I declare that all Model Accounts eventually created or which will eventually be created in the future under my Studio Account will be provided with true and accurate legal documents.
I further declare that I understand that any physical contact or exchange of contact details with Members/Visitors of the Websites or contacting them in any other way is prohibited. Any breach of this obligation will immediately result in termination of this Services Agreement. I am aware that the Website Operator may contact any competent authorities, including the state prosecutor in order to initiate any criminal or administrative proceedings.
I understand that if the Website Operator and/or any other entity indicated by it, suspect that I or the Models, as the case may be, under my Model/Studio Account have provided forbidden content, my account(s) will be frozen immediately for further investigation, and that it may result in the permanent termination of my account(s), and cancellation, without the refund of any payments from the Website Operator to me.
I hereby acknowledge that the Website Operator has the right to, immediately and unilaterally, terminate the present Services Agreement and any accounts, including Studio Accounts and Model Accounts upon the slightest suspicion of forgery or inadequate behavior.
I also acknowledge the right for the Website Operator and/or any other entity indicated by it, to be fully indemnified for all damages caused by my unlawful conduct or breach of the present Services Agreement.
Upon an explicit approval from the Studio/Model ( Via email, or online chat), Jasmin.Com- Customer Service Team will initiate a remotely controlled session to access the Studio/Model’s computer in order to fix technical problems or to gain system information to find the origins of an error. The Studio/Model shall stay in front of his/her computer for the whole time of the remote control process and supervise all steps made by the Customer Support Service Team. Should the Studio/Model notice anything which would not be in line with his/her request, then he/she shall immediately abort/disconnect the session and report the issue to the Customer Service team. By expressing his/her approval to a ‘remote control session’, the Studio/Model undertakes and agrees to waive any legal action he/she may have against Jasmin.com as well as its staff, in relation to the remotely controlled session.
As a Model or Studio I declare that I will be responsible for my, or as the case may be for the Models’, behavior and Services rendered and I will accept, or as the case may be make the Models accept and respect all above mentioned declarations and all obligation applicable for the Models under this Services Agreement.
5th clause - Personal data
- Your Personal Information
- The personal information of Models
Roles of the Parties. With regard to any personal data processed by Website Operator and Studio in connection with this Agreement, Website Operator and Studio will respectively each be a controller in respect of their own processing activities.
Website Operator and Studio agree to comply with the requirements of the data protection laws applicable to controllers in respect of the provision of their respective services and otherwise in connection with this Agreement including, but not limited to, the EU General Data Protection Regulation 2016/679, the e-Privacy Directive 2002/58/EC (as amended and replaced from time to time) and their national implementing legislations, laws regulating unsolicited e-mail communications, security breach notification laws, laws imposing minimum security requirements ("Data Protection Laws"). For the avoidance of doubt, Website Operator and Studio each have their own, independently determined privacy policies, notices and procedures for the personal data they hold and are each a data controller (and not joint data controllers). In complying with the Data Protection Laws, Website Operator and Studio shall, without limitation:
1) implement and maintain at all times all appropriate security measures in relation to the processing of personal data;
2) maintain a record of all processing activities carried out under this Agreement; and
3) not knowingly do anything or permit anything to be done which might lead to a breach by the other party of the Data Protection Laws.
Consent of Models. Studio shall be responsible and undertake to collect, for the execution of the present Services Agreement and, after termination of the present Services Agreement, as necessary for Website Operator’s legitimate business interest, to comply with legal obligations, defend ourselves against legal claims or respond to requests from governmental authorities or law enforcement agencies, the individual and explicit consent of the Models regarding the processing of special categories of data as described in Art. 9 GDPR, for any services provided under this Agreement. The special categories of data processed by Studio and Website Operator concern (i) data of Models relating to their sexual life or sexual preferences and (ii) data revealing racial or ethnic origin.
Studio shall be responsible for the Models to agree and authorize, under the Model Contract, the Website Operator and/or any other entity indicated by it, to obtain and store information automatically from Models’ computer used to connect to the Websites (including, without limitation, cookies).
In case Studio provides Models’ email address, Studio shall be responsible for the Models to agree and authorize, under the Model Contract, the Website Operator to send commercial communications to the Models.
When obtaining consent(s) from the Models, Studio undertake to inform the Models that the consent(s) given will apply to all Model’s accounts, in case such Model has several accounts.
Studio undertakes and shall be able to provide Website Operator with written evidence of the consents given by the Models, on request made by this latter.
Data Subjects Rights. Studio shall promptly notify Website Operator if Studio receives a request from a Model under any Data Protection Laws in respect of the processing of personal data made by Website Operator. Studio shall make such notification by email to firstname.lastname@example.org no later than forty eight (48) hours of the receipt of the request.
Indemnity. Studio will fully indemnify and hold harmless Website Operator and any entities of its group of companies, as well as their officers, directors, shareholders, agents, and employees from any liabilities, losses, damages, costs (including, without limitation, attorney’s fees), expenses or fine (including, without limitation, any administrative fine as imposed by any data protection supervisory authority), as suffered or incurred by any them and resulting from:
1) Any breach by Studio of this Clause 5 “Personal Data” occasioned by an act or omission of the Studio or of one of its employees, agents or contractors;
2) Non-compliance by the Studio with the provisions of the Data Protection Laws.
Inspection. Studio shall be responsible for the Models to allow under the Model Contract all their personal data and/or the contents published on the Websites to be inspected by the Website Operator and any entities indicated by the latter, randomly, resorting to any existing means for such effect. Notwithstanding the above, Studio is aware that it is not a duty of the Website Operator to proceed with such inspection, and the Website Operator and said entities will not be considered responsible, either jointly or severally, in case of the unlawful conduct of Models or provision of false information to the Website Operator.
6th clause - Rights to the image and author right
I expressly authorize, and as the case may be I am responsible and liable for Models to expressly authorize under the Studio Performer Contract, the Website Operator to monitor, record, and log all my/ Model online activities (including chat, video, e-mail, etc.) on the Websites (including www.jasmin.com).
I acknowledge and agree, and as the case may be I am responsible and liable for Models to expressly authorize under the Studio Performer Contract, that any material recorded or any original work published on the Websites (and all rights therein, including, without limitation, author rights to such recorded works and materials together with the results and proceeds of such services) are specially commissioned by us as a work made for hire and belong to and shall be the sole and exclusive property of the Website Operator.
I recognize and hereby authorize, and as the case may be I am responsible and liable for Models to expressly recognize and authorize under the Studio Performer Contract, the Website Operator to review any content (uploaded and/or displayed on the Websites) for violation of applicable and/or relevant policies in place from time to time. Any forbidden content shall be immediately removed by the Website Operator. Notwithstanding the above, I am aware that it is not the Website Operator’s duty to proceed with such revision and therefore the latter shall not be deemed responsible, either jointly or severally, in case of any content or action displayed as a result of my unlawful conduct or that of Models’ I am responsible and liable for where applicable or in breach of applicable Websites policies as applicable from time to time.
If any Websites Models’ content/material is not determined to be a work made for hire, I hereby expressly assign, and transfer (including the rights of Models that have been transferred to me by the them) without any additional compensation, except of fees that I receive for the Services rendered under this Services Agreement definitively, irrevocably, and exclusively to the Website Operator, who hereby accepts, any and all existing and future author rights, trademarks, service marks, trade secrets and all other intellectual proprietary rights, or any portion thereof, of every kind and character, for the period of the validity of such intellectual property rights including any eventual renewals and extensions, throughout the world, related to the results, content, and proceeds of my/ Models appearance(s) (including all such appearances made to date) on the Websites and/or any other entity indicated by it, as well as any and all shows, videos, audio, chat, dialogue, acts, pictures or other uploaded original content and any and all contents which are part of the Services/ Models Services rendered and specially commissioned as part of an audiovisual work - including all renewals, and extensions of any and all intellectual property rights in case they are considered as such by state authority or court of law. Further, the Website Operator is granted the right to use, edit and change such content in any manner that Website Operator may determine, with or without my knowledge in any manner in Website Operator’s sole election and discretion, which use shall not entitle me to receive any compensation whatsoever. The Website Operator shall be deemed, for all purposes, the holder of the rights thereof.
In respect of the assignment hereto, I expressly confirm and guarantee, and as the case may be I am responsible and liable for Models to expressly confirm and guarantee to the Website Operator, that in the event a content uploaded on the Websites is determined not to be a “work-made-for-hire,” I, and/or where relevant, the Model, have/has obtained from each third party (i.e.: Photographer(s)) irrevocable and absolute grants and assignments, in perpetuity (to the extent allowed and possible under applicable law), throughout the universe, in all media now known or hereafter developed, of all right, title and interest, including without limitation, the unencumbered, sole copyrights, trademarks and related rights (and all renewals and extensions thereof).
I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator may also use and reuse, publish, distribute, edit, excerpt, exhibit, and otherwise exploit my/ Models’ name (username), likeness, persona, performance, voice, pictures, chat, video, audio, uploaded original content, biological information and identification, and statements, for any and all uses, in whole or in part, in any and all media and manners now known or learned, for use throughout the universe, without limitation, including in connection with the advertising, exploitation, and publicizing and/or all allied ancillary and subsidiary rights (including, without limitation, merchandising). Without limiting the generality of this Section, Website Operator, on the one hand, and I, on the other hand, are aware and hereby acknowledge that new rights of and to the material may come into being and/or be recognized in the future, under law and/or in equity (collectively, the “New Exploitation Rights”), and I intend to and hereby assign, grant and convey to Website Operator, any and all such New Exploitation Rights in and to the content. Website Operator, on the one hand, and I, on the other hand, also are aware and do hereby acknowledge that new (and/or changed) technology, uses, media, formats, modes of transmission and methods of distribution, dissemination, exhibition or performance (collectively the “New Exploitation Methods”) are being and inevitably will continue to be developed in the future, which would offer new opportunities for exploiting such content. I intend and hereby assign, grant, and convey to Website Operator any and all rights to such New Exploitation Methods with respect to the content. Website Operator’s rights in the content may be freely assigned and licensed and any such assignment or license shall be binding upon myself and shall insure to the benefit of such assignee or licensee.
I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator may edit my/ Models’ appearance as the Website Operator see fit and that I/ Models and any affiliated parties (i.e.: Photographers) waive any and all moral rights, including the right to injunctive or other equitable relief, to the extent permitted by law, that I/ Models and any affiliated parties (i.e.: Photographers) may have, and that I/ Models and any affiliated parties (i.e.: Photographers) understand that the Website Operator have no obligation to use my/their appearance(s).
I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract that still pictures may be made from video or my/Models’ appearance(s) by any means, and that I/ Models and any affiliated parties (i.e.: Photographers) grant to the Website Operator and any of its successors, licensees, and assignees, the right to use said photographs, without further payment to me/ Models and any affiliated parties (i.e.: Photographers), in printed publications, digitally on the internet, via CD, or any other media, without restrictions (including, but not limited to, the manufacture and production of merchandise and/or derived art creation/exhibition). Further, Website Operator, its successors, assignees and licensees, shall have the right, but not the obligation, to use all content provided by me/Models in accordance with this Agreement, and my name, voice, likeness and biography (as applicable) and ancillary and subsidiary uses thereof, in all media in perpetuity throughout the universe, including without limitation for the purpose of advertising, merchandising, programming and promoting the Website Operator brand.
I grant, and as the case may be I am responsible and liable for Models to grant under the Studio Performer Contract, the Website Operator and it's successors, licensees, and assignees, the right to use any photos taken by me/ Models (via webcam or by other means) and sent for publication on the Websites without further payment to me/ Models, in printed publications, digitally on the internet, via CD, or any other media, without restrictions.
I hereby expressly waive, and as the case may be I am responsible and liable for Models to expressly waive under the Studio Performer Contract, any further financial compensation for any of the rights assigned, transferred, or granted to the Website Operator under this Services Agreement/the Studio Performer Contract.
I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that the Website Operator reserves a right to transfer or assign any of the above mentioned rights to its group companies or any other person if the need arises.
I hereby expressly agree, and as the case may be I am responsible and liable for Models to agree under the Studio Performer Contract, that Website Operator may use, utilize, publish, distribute, edit and otherwise exploit all of my model content including my uploaded original content (both nude and non-nude) related to the Website in all kind of media sources included but not limited to internet, television, broadcasted media, radio, newspaper, merchandise and social networking sites (e.g. Twitter, Facebook, Instagram, etc.)
I recognize and hereby authorize, and as the case may be I am responsible and liable for Models to expressly recognize and authorize under the Studio Model(s) Contract, the Subscribers to take snapshot(s) of my/Models’ image at any time in Free or Private Chat and to access the snapshot(s) stored on my/Models’ gallery at any time, open and watch it/them as many times as wished by the Subscribers. Such snapshot(s) shall only be visible inside the gallery of the Model for the Subscriber who created it/them. I hereby expressly agree, and as the case may be I am responsible and liable for Models to agree under the Studio Model Contract, that such snapshot(s) shall remain visible to the Subscriber who took it/them, as long as the related Model Account is active (and not closed) and that I/Models have no right to remove or require the removal of such snapshot(s), unless such snapshot(s) or its/their retention violate applicable laws or any terms applicable to the Websites. I further hereby expressly agree, and as the case may be I am responsible and liable for Models to agree under the Studio Model Contract, that I/Models am/are entitled to a separate monetary consideration, in the form of a proportional remuneration, for the authorization of snapshot(s) (to be) taken by the Subscribers.
7th clause - Duties
I undertake the duty to provide the Website Operator, in writing, with updated information concerning any changes related to my/ Models personal data, within the term of five (5) days counted from the occurrence/communication of said changes.
I also undertake the duty to possess and provide at my own costs (to Models as the case may be) the working instruments (including IT tools) necessary for the efficient rendering of the Services/ Models Services established in the present Services Agreement/ Model Contract.
I, as a Model or Studio, will not provide, and as the case may be I, as a Studio, will be responsible and liable for Models to not provide, any defamatory, abusive, threatening, racially offensive, or illegal material. I will not solicit or take part, and as the case may be I will be responsible and liable for Models to not solicit or take part in anything related to escort services or prostitution, and I am fully aware/I am responsible for informing the Models of my/their criminal liability in such cases.
I hereby certify, and as the case may be I am responsible and liable for Models to certify under the Model Contract, that I/ Models will not have any physical contact with the Visitors/Members of the Websites, nor shall I/ Models organize any meetings with them or in any other way try to have a contact other than provision of online Services/ Models under this Services Agreement/the Model Contract.
I undertake, and as the case may be I am responsible and liable for Models to undertake the duty to clear out of my/their recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including the ones concerning author rights) at all times, avoiding unlawful use of trademarks, brands, imagery, and/or registered music.
I will not, and as the case may be I will be responsible and liable for Models to not, solicit, offer, purchase, sell, or propose any business deal, transaction, trade, or other economic deals to the Visitors/Members, since I acknowledge that the Website Operator expressly forbids me/ Models from doing it.
I undertake the duty to make hard copies of my account information online, or of the Models Account information online as the case may be, at the Model/Studio page of the Websites I/ Models render my/their Services/ Models Services through, for my own/ Models own records, since I acknowledge that the Website Operator shall not provide me or the Models with copies of my/their account information.
I shall immediately inform the Website Operator of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. I shall also remain exclusively and personally liable for any unauthorized use of the Services/ Models Services offered through my account Studio Account.
I shall indemnify, pay the costs of defense, and hold the Website Operator, as well as its officers, directors, affiliates, attorneys, shareholders, agents, and assignees, harmless from any and all claims brought by third parties arising out of, or related to, my or as the case may be Models’ conduct, statements, uploaded content or actions during any appearance(s) on the Websites (including Jasmin.com). The provision set forth here above includes without limitation any liability or damage arisen from any comment, recommendation, advice, suggestion, reading, example, conclusion, or other, made by me/ my Models, as well as for any products, services, information, or other materials displayed, purchased, or obtained by Visitors/Members in connection with the Services/ Models Services or Models’ suggestions.
I shall fully indemnify and pay any and all costs of defense to the Website Operator in case of breach of any of the clauses set forth in the present Services Agreement.
8th clause - Basic rules for the provision of Services
The below-mentioned rules must be followed by all Models and Studios rendering services through the Websites. The Studios undertake to guarantee that Models rendering services on this behalf respect the below rules as well.
Models or Studios must have a valid and approved registration on the Websites. Models and Studios appearing in camera area or in the pictures through Jasmin.com must be registered under the given Model Account or Studio Account.
Broadcasting a pre-recorded video or still image instead of the live camera stream is against the rules of the Websites. Violation of the rules is considered as a breach of this Services Agreement and might result in money deduction, suspension of the account, immediate ban from the Websites or the stop of payouts.
Giving out and asking for personal information, including personal information of Visitors/Members and Models is against the rules. E-mail addresses from outside the Websites, online messenger IDs (such as: Yahoo!, MSN, ICQ, etc.), permanent addresses, social accounts (Facebook, Twitter, LinkedIn), etc. are considered personal information and are forbidden to ask.
Any kind of personal contact with Visitors/Members of the Websites, soliciting for escort service, prostitution, asking for money is against the rules.
Underage sexual activity, bestiality, incest, demonstration of blood or animals and mimicking the above mentioned is against the rules. Role playing that includes an underage role is against the rules. Any attempt to display text material that is a celebrity name, offensive, suggests pedophilia, adolescence, bestiality or zoophile, referring to elimination or consumption of any bodily waste or implying words that are unacceptable by the standards of good taste will lead to immediate and permanent suspension of the concerned account.
Advertising other websites or services is strictly prohibited, unless expressly allowed by the Website Operator in this Services Agreement.
Showing content that is overly explicit (e.g.: partially or fully nude intimate body parts) in Free Chat Mode, on the Non Nude part of the site (even in Private Chat) or in the Pictures for Visitors section of the Model gallery is against the rules. Furthermore masturbating, the imitation of masturbation (even dressed), or use of sex toys, is not allowed in the above mentioned cases. We kindly ask you to provide such content only in Private Chat and as the case may be to inform Models that they may provide such content exclusively in Private Chat.
You have to, and as the case may be, Models have to provide an erotic show in the "Nude Only" part of the Websites in case the paying Member asks for it in Private Chat. In case of any question or problem do not hesitate to contact our Customer Service.
All registered persons of a Model Account, or as the case may be, of a Studio Account must be visible and recognizable in the camera area and in the pictures all the time (showing body parts only is not acceptable). Models need to follow the basic category rules described in the Websites for each category of Services regarding the number of persons, proper outfit, etc.
In case the Model or the Studio, as the case may be, misled the paying Member about his/her gender, the Member is entitled to claim back the whole money amount of the Private Show.
Using a phone is not allowed. Eating or sleeping in camera area is prohibited. We kindly ask you and as the case may be Models to use English (some cases German or French where expressly permitted) with Visitors of the Websites in Free Chatrooms.
You/ Models have the option to kick or ban impolite Visitors from your/their Free Chatroom, although it is against the rules to misuse this function. Making derogatory statements about other Models or Visitors/Members is prohibited. Although you/ Models are obliged to respect and follow the instructions of the staff of Customer Service. If you need help, do not hesitate to contact our Customer Service.
In case of violation of the rules by a model , such Model will penalized accordingly. The level of the sanction will depend on the severity of the violation. Minor violations will trigger a simple warning. However in case of repeated minor violations further to a previous warning , money deductions from the Model’s earning will occur.
Severe violations of the Service Agreement may result in the banning of the Model’s account.
Advertising other websites or services, asking for or giving out private information or asking for money from the Visitors/Members will result in a money deduction from the Model\s/Studio Model's earnings after the first warning and double the amount of the previous one on all further occasions.
Please be advised that this basic list of rules is non-exclusive and does not contain all possible violations of the present Services Agreement. Therefore an act not mentioned above could qualify as a breach of this Services Agreement after considering the situation and analyzing the general purpose of this Services Agreement. For the entire list of possible violation/penalties, please consult the relevant wikipage: http://wiki.jasmin.com/display/EW/Penalty+System
In case there is any part of the above statements you do not accept, or you are not aware of pertinent laws and regulations DO NOT ENTER OR SUBSCRIBE TO THE WEBSITE!
9th clause - Scheduled Shows
By setting up a Scheduled Show, the Model agrees to be present at the indicated time. Failure to do so may result in the removal of certain features and/or benefits or any other penalties that may be deemed appropriate by the Website Operator.
Scheduled Shows may be canceled before the indicated show starting time.
Canceling any Scheduled Shows without justified cause will result in increasingly escalating penalties, in accordance with the Penalty System.
A Scheduled Show may be canceled automatically if the amount of sold tickets does not meet the minimum threshold before the indicated starting time.
Models must be online on JasminCam 5 minutes before the Scheduled Show’s starting time. A Model has 90 seconds to manually initiate the Schedule Show. If the Schedule Show is not started by the Model within this time-frame, the show will automatically start after 90 seconds.
If the Model is not online on JasminCam at the time the Schedule Show should start, the show is automatically canceled and the purchased tickets are refunded to the members. Additionally, the Model may receive one of the aforementioned penalties.
Shows automatically end and Models do not need to manually close them. We advise Models to periodically check the timer, so as to always be aware of the upcoming end of a show.
10th clause - Contests Organization
Contests involving the Models may be organized from time to time either by the Website Operator and/or affiliates where deemed relevant. Those contests may be directly or indirectly related to the Services, potentially aiming at promoting Models’ and/or Models’ materials and/or at raising the appeal of the Websites and/or of Models pages and/or at enhancing the sense of belonging to the Website’s Models community and/or at raising Websites traction/traffic through the delivery of prizes to winning Models following participation to such contests and possibly communicating about those. Contests may be organized worldwide or locally and therefore be respectively open to all models or only to those residing in a specific geographical area, as indicated within specific rules that will govern such contests and which will be displayed under Clause 9 hereof when applicable. Subject to the above, Models’ registration and participation to such contests will be on a volunteer basis.
When contest(s) targeting specific country(ies) is/are held, rules governing the organization and conduct of said contest(s) will usually be governed by the applicable local regulations of the country/region/state where the contest(s) is/are organized.
Models interested in participating in contests undertake (i) to fully acknowledge specific rules applicable to the contest(s) whenever said contest(s) is/are advertised, (ii) to abide by those rules and (iii) not to apply in case they are not located in the geographical area to which the contest is limited to as the case may be.
SPECIFIC RULES AS REGARDS ONGOING CONTESTS SHALL BE DISPLAYED BELOW WHEN APPLICABLE
$500 LiveJasmin Giveaway Contest Rules
The following promotion is intended for participants in the forty-eight (48) contiguous United States and D.C. only, and will be governed by United States laws. Do not proceed in this promotion if you are not eligible or not currently located in the United States. Further eligibility restrictions are contained in the official rules below.
$500 LiveJasmin Giveaway
CamCon Contest June 1, 2016, Miami, CA
Updated on May 31, 2016
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FORTY EIGHT (48) CONTIGUOUS UNITED STATES AND WASHINGTON, DC, WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED.
1. PROMOTION DATES
a. These rules govern the LiveJasmin Giveaway (“Promotion”), which is being conducted by LiveJasmin and Docler Media, LLC (a company affiliate of the Website Operator, such term as defined at the beginning of this Services Agreement) (hereafter referred to as the “Sponsor”). The Promotion, known as $500 Giveaway at CamCon 2016, will begin on Wednesday, June 1, 2016, and will run through Thursday, June 30, 2016 (the “Promotion Dates”).
2. ELIGIBILITY RESTRICTIONS
a. The Promotion is open only to legal residents of the 48 contiguous United States (including the District of Columbia) who are 18 years of age or older at time of entry. Contestants will be competing with CamCon models who post their selfie image with the Sponsor provided LiveJasmin branded top and bottoms on Twitter and/or Instagram using the hashtag #LIVEJASMINCAMCON. Employees, officers, directors, and agents of Sponsor (if any), and each of their respective parent, subsidiary, and affiliated entities, and of their advertising agencies, participating sponsors/promotional partners (collectively “Promotion Entities”), are ineligible to participate or win. This Promotion is governed by California law and is subject to all federal, state and local laws and regulations. Void outside the United States and where prohibited.
b. Entrants are required to provide truthful information and Sponsor will reject and delete any entry that it discovers to be false or fraudulent. Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements and will also delete any entry as required by law.
a. To enter take at least one selfie image wearing the Sponsor provided LiveJasmin branded top and bottoms and post the images via Twitter and/or Instagram using the hashtag #LIVEJASMINCAMCON during the Promotion Dates. There will be one winner who will receive Five-Hundred Dollars ($500) at the end of the Promotion. The contestants with the most posts will win the prize. Once reached by phone and/or email, the randomly selected entrant will be notified of their potential prize award (upon confirmation of eligibility). At the time of the call and/or email, the randomly selected entrant will be required to provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth to verify eligibility. P.O. Boxes are not permitted. Sponsor will attempt to call and/or the randomly selected entrant three (3) times shortly following the Promotion Dates. No voicemail will be left. If the randomly selected entrant fails to answer the calls or is disconnected or otherwise found to be ineligible, the prize will be forfeited and Sponsor will randomly select another entrant from the contestant pool to be the potential $500 cash prize winner. This will continue until the $500 cash prize is awarded for that entry period. By participating in the Promotion entrants consent to Sponsor contacting them by phone and/or email at the telephone number and/or email address was received or as indicated by the entrant via their social media account. Any and all fees arising out of the transmission of or receipt of a mobile call and/or email shall solely be the responsibility of the entrant.
b. A maximum of one $500 cash prize winner will be selected nationwide. Up to one (1) $500 cash prize will be awarded at the end of the Promotion.
c. In the event of a technical difficulty, Sponsor reserves the right to award prize to a randomly selected entrant from the immediately available prior contestant period pool, except that any such entrant who was awarded the prize for such entry period will be excluded. Given the volume of participation, contestants may experience an inability to access contest entrance.
a. One (1) $500 cash prize: the $500 cash prize will be awarded as a check in the amount of $500 payable to the prize winner upon confirmation of eligibility.
b. No more than the stated number of prizes specified in these official rules will be awarded. Each cash prize will be issued as a check payable to the order of the prize winner upon verification of eligibility and upon timely receipt of all completed prize winner paperwork. Checks will be processed and mailed within four to eight weeks upon verification of eligibility and receipt of all completed prize winner paperwork. All taxes, including but not limited to, federal, state, and local taxes, and any other costs and expenses associated with the acceptance and use of a prize are solely the responsibility of the winner. The winner must provide Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. If applicable, the prize winner will each be issued an IRS Form 1099 for the value of their respective prize(s). Prizes cannot be transferred or substituted except at the sole discretion of Sponsor.
5. WINNER SELECTION AND NOTIFICATION
a. Decisions of Sponsor with respect to the Promotion are final.
b. Potential $500 cash prize winner will be determined as described above and will be notified by telephone and/or email. Odds of being selected as a $500 cash prize winner depend on the number of entries received in the respective entry period. The winner will be selected on or after June 30, 2016 by Sponsor of all valid entries received nationwide in the Promotion.
c. Sponsor will notify all potential winners by telephone and/or email with follow up correspondence once contact is made and eligibility confirmed. Cash prize winners (or their parents or legal guardians if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within five (5) days of notification attempt or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, is otherwise found to be ineligible, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize. Potential prize winner will be notified by telephone and/or email on or after June 30, 2016. If potential prize winner is not reached in person, voicemail will be left and potential prize winner will have twenty-four (24) hours to contact Sponsor or the prize will be forfeited. The potential prize winner must provide all information requested including their full name, complete address (including zip code), day and evening phone numbers and date of birth to verify eligibility. P.O. Boxes are not permitted. The potential prize winner must execute and return any required affidavit of eligibility and/or liability/publicity release within five (5) days of notification attempt or prize will be forfeited. If the potential prize winner cannot be contacted or fails to respond to the notification within 24 hours, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, is otherwise found to be ineligible, or if a prize or prize notification is returned as undeliverable, the potential grand prize winner forfeits the prize and Sponsor will randomly select another entrant from the entry period to be the alternate potential prize winner. This will continue until the prize is awarded.
a. Payments of all federal, state and local taxes are solely the responsibility of the winners. Winners will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of the prize. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.
b. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s permission for Sponsor, or their designees or agents, to have their name, city, state, voice, or likeness used in any advertising or broadcasting material on-air, online, or in any other media without additional financial or other compensation, and, where legal, to sign a publicity release confirming such consent prior to acceptance of the prize. To the extent not prohibited by law, winners also agree to provide Sponsor with an interview, which may be used in connection with the Promotion.
c. Participation in the Promotion and/or acceptance of prize constitutes entrant’s and/or winner’s agreement to release, discharge, and hold harmless Sponsor, their licensees, and each of their respective parent, subsidiary and affiliated entities, their advertising and promotional agencies, prize suppliers, and participating sponsors, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Promotion, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and prize delivery. Further, prize winners agree to sign a liability release, agreeing to hold the Released Parties harmless against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion.
d. Sponsor, in its sole discretion, reserves the right to disqualify any person from this Promotion if he or she tampers with the entry process or the operation of any of the participating stations’ websites or is otherwise in violation of the rules. Sponsor, in its sole discretion, reserves the right to reject entries from any source, and to disqualify any person or persons who Sponsor believes is tampering with the entry process in any way, including but not limited to attempts to manipulate the mobile or website entry systems or entry process in order to increase the odds of winning, or for any other fraudulent activity designed to affect the entry process or who is otherwise in violation of the rules or of any applicable law or regulation. To the fullest extent permitted by law, Sponsor may seek prosecution of and/or damages from any person who attempts to damage any station website or to tamper with the operation of this Promotion. Sponsor further reserves the right to cancel, terminate, suspend, or modify the Promotion if it is not capable of completion as planned or if any fraud, technical failures or any factor beyond Sponsor’s control, including force majeure, infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion as determined by Sponsor in is sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision. If due to circumstances beyond the control of Sponsor, including any force majeure event or other event of local or national importance, any segment of the Promotion is delayed, rescheduled, postponed or cancelled, Sponsor reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Promotion and shall not be required to award a substitute prize.
e. Contestants understand, acknowledge and agree that the Released Parties shall not be liable for losses or injuries of any kind resulting from the rejection of an entry given Sponsor’s belief that the contestant was abusing or tampering with the Promotion entry process in any manner or due to any technical malfunction of the telephone or network transmission line or any entries that are late, delayed, garbled, incomplete, misdirected, lost, corrupted or otherwise not in compliance with the rules or applicable law.
f. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Promotion or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) unauthorized human intervention; (iv) entries not received due to difficulty accessing the internet, service outage or delays, equipment malfunctions, disconnections, or other technological failures, dropped calls or interruptions; (v) misdirected, misdialed, incomplete, incorrect, or late mobile or website entries; and (vi) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest, if applicable) including any results thereof such as changes in services or location necessitated by same.
g. Further, the Released Parties are not responsible if any part of a Promotion prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
h. Failure to comply with the Promotion rules may result in a contestant’s disqualification solely at the discretion of Sponsor.
i. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of California without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of California.
j. Copies of the Official Rules or for a list of winners following completion of the Promotion (specify which), send a self-addressed, stamped envelope specifying “Official Rules” or “Winner List” to LiveJasmin’s $500 Giveaway at CamCon 2016 Winner List or Official Rules Request, Docler Media, LLC, 720 N. Cahuenga Blvd., Los Angeles, CA 90038. All such requests must be received within 60 days following completion of the Promotion.
SPONSOR & ADMINISTRATOR: Docler Media, LLC. 720 N. Cahuenga Blvd., Los Angeles, CA 90038
11th clause - Jasmin Cam
JasminCam is constantly developed and enhanced to improve the livecam feed experience on the site. By installing JasminCam, Studios and/or Models benefit from the optimization of the video quality of the streaming on Jasmin website.
JasminCam software operates by using the technical details and resources of Studios and/or Models computer’s system. Studios and/or Models agree that the installation of such software could result in the interconnexion between JasminCam and other active applications in the computer of the Studios and/or Models.
By installing JasminCam, Studios and/or Models acknowledge that they are aware and agree that the software logs into and send information about their computer’s system to us. Such information are necessary in the best interest of the Studios and/or Models so as to be provided with the best software possible.
Jasmin.com represents and warrants that JasminCam does not access, monitor nor store maliciously any of the computer’s processes.
12th clause - Personal Website for Models
I, or where relevant Studio(s), may hereby elect/request to be provided by the Website Operator with respectively my own website or Studio Performers' websites intended to the provision of services similar and/or identical to the Services hereof, the rest of the terms and conditions hereof (i.e. declarations, maintenance, customer management, payment/fee operations, data protection, IP rights and so forth) being applicable thereto mutatis mutandis (any such website being deemed a Website or Model's Website). Any such demand/request shall be deemed formally made by ticking the box “I want my website" where relevant below and/or next to the present clause (for Studio(s), this option shall only be deemed applicable for Studio Performers' websites and shall be subject to adequate selection of relevant Studio Performers under the related Master Account), in which case I, or where relevant Studio(s) (to be liaised with Studio Performers accordingly where relevant), expressly accept and agree to be bound by the terms and conditions of the present Services Agreement.
The Model's Website (along with related domain name and SSL certificate, together and hereafter referred to as the "Model's Websites Package") will be created, owned and operated by Website Operator, yet I, or where relevant Studio(s) (in charge for the latter to liaise with and/or forward or extend to Studio Performers accordingly), will in such case be granted with a non-exclusive, non-transferable (yet and as regards Studio(s) only, sub-licensable solely to the Studio Performers under the related Master Account) and royalty-free license of use as regards such Model'’s Website and related domain name (hereafter referred to as the "License"). No change of domain name will be possible after the entry into service of the Model’s Website. The License granted hereto is temporary (i.e. for a twelve month basis, to be aligned with the Period as defined below) and renewable automatically upon term, unless one month prior notice of termination is served (receipt date will be deemed valid for such purposes) to the other party to such licensing arrangement.
There shall be no cost charged to Performer(s) and/or Studio(s) for the first twelve month period starting as of the Model's Website entry into operation (hereafter the "Period"). Following the expiry of such Period, fees related to the Model's Websites Package maintenance will fall due (at cost price) yearly from the beginning of every new 12 month period and will be deducted accordingly from Performer's and/or Studio(s) earnings.
I, or where relevant Studio(s) (to be liaised with Studio Performers accordingly where relevant), acknowledge that any infringement to/breach of the present Services Agreement may result in the closure and/or immediate termination (without any compensation whatsoever) of the License as regards the Model's Websites Package vis-a-vis the infringing Performer and/or Studios. The termination of a Performer's Easy Account and/or of Studio's Master Account shall automatically trigger the concomitant termination of the License as referred to hereabove.
In any case, it shall be underlined that the Model's Website is and remains the exclusive property of the Website Operator at all times and that as a result, there is no certainty that the related License may not be discretionarily suspended, terminated and/or assigned to another recipient upon term by the Website Operator, without further explanation (irrespective of any immediate termination that may apply in case of infringement).
13th clause - Assignment
I am not entitled to assign or transfer my contractual position to any other person/entity. I agree, and as the case may be I will be responsible and liable for Models to agree, that my Model username/password must not be provided to any other person, otherwise I, shall be held liable in accordance to clause 7 of the present Services Agreement.
I agree that the Website Operator has the right to transfer or assign its rights and obligations under this Services Agreement without limitation.
14th clause - Amendments
The Website Operator may make changes to this Services Agreement, in such case it undertakes the duty to inform me of such changes before they enter into force. In case the Website Operator makes changes to this Services Agreement, the Studio undertakes the duty to reflect such changes in the Model Contract to the extent this Model Contract remains compliant with the rights and obligations of the Studio under the present Services Agreement.
If any modification is unacceptable to you, you, or as the case may be Models, shall cease providing Services to the Website Operator. If you, or as the case may be Models, do not cease rendering Services, you will be conclusively deemed to have accepted the changes.
15th clause - Termination
Either party may terminate this Services Agreement, at any time, based on any reason, upon prior and express notice given in writing (including email) to the other party with a minimum antecedence of 5 (five) business days. The Website Operator may terminate this Service Agreement immediately in case of serious violation of its terms by the counterparty, without prior notice. In case your sign up form stays incomplete for thirty (30) calendar days consecutively, then Website Operator may terminate your account. Please note that after six (6) months of inactivity the Website Operator may close your account and terminate this Service Agreement without any further notice, therefore any earnings that do not reach the payout limit and/or paid by the Website Operator but not collected/accepted by you will be lost. If this Service Agreement is terminated for any reason then thereafter you will not gain any commission from the lifetime member referral program.
16th clause – Applicable law and jurisdiction
Exception made of the specific/different jurisdiction(s) that may be made competent for dispute(s) as regards contests under Clause 9th hereof and pursuant to specific rules applicable thereto, the parties shall irrevocably submit to the exclusive jurisdiction of the courts of Luxembourg City for the purposes of hearing and determining any other dispute arising out of this Services Agreement.
Exception made of the specific/different governing law(s) that may be made applicable for dispute(s) as regards contests under Clause 9th hereof and pursuant to specific rules applicable thereto, all other matters arising from this Services Agreement, and any other dispute(s) resolutions referred to the above shall be governed by, and construed in accordance with the laws of the Grand-Duchy of Luxembourg, notwithstanding conflict of law provisions and other mandatory legal provisions.
17th clause - Severability
If any term or provision of this Services Agreement shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of this Services Agreement will not be affected thereby, and each remaining term and provision of this Services Agreement shall be valid and enforceable to the fullest extent permitted by law.
18th clause - Governing Language and Consent
I hereby declare that I read, speak and understand the English language and that by giving my consent to this Services Agreement, notwithstanding anything to the contrary herein, I understand and agree that I shall be bound at all times by the English version hereof, and in case of discrepancy between the English and any other non-English versions, then the English one shall prevail.
19th clause - Notices
Any notice, recommendation, or advice by each party to the other hereunder shall be provided to the following contacts:
DuoDecad IT Services Luxembourg S.à r.l.:. email@example.com
I have carefully read the terms of this Services Agreement and have indicated my consent and express consent to the clause regarding Declarations and Personal data by clicking on the button "I have read, understood, and accept the present Services Agreement and expressly declare the acceptance of clauses regarding Declarations (4th clause) and Personal data (5th clause)".
- Amateur Girl: 1 female Model
- Amateur Boy: 1 male Model
- Girl - 1 female Model
- Lesbians - 2 female Models
- Mature Woman - 1 female Model at least 30 years old
- Couple - 1 female and 1 male Model
- Group - 3 or 4, at least one female Model
- Fetish - 1 Model in fetish outfit, that can be but not limited to any kind of recognizable uniform (nurse, soldier, officer, etc.), Leather or Latex costume (boots are not enough). Proper background in camera feed and in pictures (eg.: blue background with cute dolphins are not accepted), with accessories (eg.: leather or latex mask, leashes, riveted body accessories, chains) placed so as to be visible.
- Boy - 1 heterosexual male Model
- Gay - 1 or more homosexual male Models
- Transgendered - 1 or more Transgendered Model
- Hot Flirt – 1 or more female Model(s)
- Soulmate – 1 or more female Model(s)
- DJ – 1 or more female Model(s)
- Dancer – 1 or more female Model(s)
- Fitness – 1 or more female Model(s)
- Love Life Advisor – 1 or more female Model(s)
- Cosplay – 1 or more female Model(s)