Sirius Media B.V.: the limited liability company under Dutch Law Sirius Media B.V., holding its offices on De Boelelaan 7, 1083 HJ Amsterdam;
Account: the account created on the website by the User giving the User access to the Member Database;
Website: the webpage accessible through the link www.siriusmediabv.nl
User: the persons visiting the Website and/or using other services offered by Sirius Media B.V. or related companies;
Member database: that part of the Website that paying Users can access through his Account. This part is only accessible for paying Users or specifically by Sirius Media B.V. appointed Users;
Performer content: all information that Users make accessible through the Website, such as but not limited to: reactions, like, pictures, videos and acts in front of the camera;
Messages: digital and personal communication between Users of the Website that have full access to the Member Database which is accessible through the Account;
IP rights: all intellectual property rights, such as but not limited to copyrights, trademarks, database rights etc.;
3. The Website
The purpose of the Website is to virtually or digitally connect Users who can communicate via the Member Database. Users can create an Account and communicate via the Member Database. The purpose of the Website is, though not prohibited, explicitly not to establish any physical interaction between Users. Sirius Media B.V. does not in any way guarantee such a physical interaction.
Users must have reached the minimum age required by law. If the User has not reached this age, they must stop usage of the Website or other services immediately.
Users declare that the information they provide to Sirius Media B.V., for example personal information when creating an Account, is accurate and complete. In the event such information changes, Users shall immediately inform Sirius Media B.V. of such changes.
Users are solely responsible for their Account. They agree that they are responsible and liable for any and all acts through the use of their Account, even if such an act is carried out by a third party. They shall keep their credentials confidential at all times and shall only use their Account themselves. Users are not allowed to share the Account or credentials with others. In the event Users know or suspect others may/had have access to their Account, they shall immediately inform Sirius Media B.V..
Sirius Media B.V. will make a diligent and professional effort to make the Website available to Users. However, Sirius Media B.V. does not guarantee that the Website is fully available at all times. Users accept the Website “as is”. Sirius Media B.V. does not provide any further guarantees.
Sirius Media B.V. reserves the right to terminate, perform maintenance or make changes to the Website at all times, without prior notice and without liability to Users or third parties on the basis of such termination, maintenance or changes.
Usage of the Website may require access to technological services or products, such as internet connection, a computer, webcam etc. Users are responsible for the access to such services or products.
4. Performer Content and use of the Website
The User acknowledges and agrees that Performer Content that he makes available through the Website can be used by Users. You acknowledge that Sirius Media B.V. has no influence on the compliance with these terms and conditions by other Users.
During the visit to Sirius Media B.V. and/or use of the services, content and user information is logged. This information is necessary for the proper functioning of Sirius Media B.V. and optimizing/improving Sirius Media B.V. and/or other services from Sirius Media B.V.. This information can also be used to track down errors and/or violations of these terms and conditions, legal provisions or other matters that Sirius Media B.V. deems necessary.
Users shall restrain from posting Performer Content or Messages that:
- are discriminatory or otherwise hurtful or inappropriate;
- displays or call for violence, harassment and bullying;
- is the result of or calls for exploitation, human trafficking, abuse or prostitution;
- displays or encourages acts in violation of good morals and the standards of decency;
- involves under aged persons and their contact details, as well us other people’s contact details;
- is the result of or calls for illegal activities;
- spreads false or misleading information;
- contains viruses, Trojan horses, worms, bots or other programs or software that can alter, damage, hijack or control the Website, Member Database, computers and servers of Sirius Media B.V. or Users;
- obstructs or burdens the Website or Sirius Media B.V.’s technical infrastructure disproportionately;
- includes false identities or suggest that the User is in any way involved in Sirius Media B.V.;
- includes junk mail, spam or phishing;
- violates these terms and conditions, Sirius Media B.V.’s privacy statement, or applicable laws and regulations;
- violates Sirius Media B.V.’s of third party’s rights, such as (but not limited to) intellectual property rights or privacy rights;
- is in any way unlawful; or
- can damage the interests or good name of Sirius Media B.V..
Users can report such Performer Content or Message via the “Abuse button” on the Website or via the contact details below.
In the event you think or suspect that Performer Content violates your or third party’s (intellectual property) rights, or violates these terms and conditions, applicable laws and regulation or is otherwise unlawful, you shall contact Sirius Media B.V. immediately as described in article 9 of these terms and conditions.
Violation of these terms and conditions shall lead to immediate exclusion from the Website, Account and/or other services, without prior warning and without stating the reason of such exclusion. In the event of such exclusion, any membership shall be terminated, effective immediately, and Credits shall expire or invalidated. Any and all costs in relation to the investigation of such violations shall be redeemed from the violating Users of the violating party.
In order to fully enjoy the functionalities in the Member Database, such as sending and receiving Messages and the Performer Content, the User can purchase Credits. Credits can be purchased in the Member Database. The payment of the Credits shall be effectuated via bank transfer or telephone. The prices stated on the Website or Member Database are inclusive of VAT and other taxes.
The user data of Sirius Media B.V. is leading for the determination of the amount of Credits Users must pay. Users are free to substantiate that the data used by Sirius Media B.V. is incorrect.
The amount of Credits of the User is displayed in the Account. In the event bought Credits are not displayed correctly in the Account, for example because of a technical failure, the User can file a request for restitution. Upon submitting such a request the User shall upload a bank statement in which the relevant transaction is visible.
In the event the User runs out of Credits during the use of the Member Database, the access to particular functionalities of the Member Database is denied. Users should purchase new Credits before being able to fully access the Member Database.
The User explicitly agrees to the immediate provision of purchased Credits by Sirius Media B.V., therefore within the reflection period as mentioned in article 6:230o BW. In accordance with article 6:230p BW the User waives the right to terminate the agreement within said period after the Credits are provided to the User by Sirius Media B.V.. Furthermore, Credits can not be exchanged for money.
Sirius Media B.V. reserves the right to change the price of Credits at all times.
Sirius Media B.V. is not liable for any damage resulting from or in relation to the use of the Website, an Account, the Member Database, Performer Content, Messages, or other services by Sirius Media B.V. or affiliate companies, with the exception of damage that is the result of intent or willful recklessness by Sirius Media B.V..
The User acknowledges and accepts that Sirius Media B.V. has no control or power over the Accounts, Messages, Performer Content, and other acts of Users, for example acts following the initial contact via the Website, other than to suspend or delete such Accounts, Messages or Performer Content.
In the event Sirius Media B.V. is liable to a (former) User, the liability is limited to the equivalent of the amount paid by the User to Sirius Media B.V. in relation to the Website, Member Database, Messages, Credits, Performer Content, and other services by Sirius Media B.V..
Sirius Media B.V. respects the privacy of Users and protects the User’s personal data that it processes. For more information we refer to the privacy statement on the Website.
The use of the Website means that you accept and agree to the processing of your personal data by Sirius Media B.V. or third parties as described in the privacy statement.
Sirius Media B.V. is not responsible for (the processing of) the personal data that Users provide to third parties via the Website.
In the event of any questions, remarks or complaints with regards to the Website or other services of Sirius Media B.V., please send an email to firstname.lastname@example.org. We make an effort to respond to your email within 10 days.
We kindly ask you to specify any complaints or remarks with relevant information and to state your contact details.
9. Intellectual Property rights
The User shall remain the owner of the intellectual property rights with regards to the Performer Content. The User hereby provides Sirius Media B.V. free of charge an irrevocable, sub-licensable and transferable license to use the Performer Content.
The User shall refrain from downloading, copying and making public of the Performer Content, unless explicitly agreed upon by Sirius Media B.V..