Last modified: 21 December 2020
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 https://wiki.livejasmin.com/
"Free Chat": a public form of communication/interaction (online) between Model(s) and Visitors/Subscribers, explained in greater details on https://wiki.livejasmin.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.
"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 https://www.livejasmin.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.
I hereby certify that I am not underage and agree to this Services Agreement based on my sole consent and free will without any third party moral or physical constraint.
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 OERATOR 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.
The Studio hereby declares that all Models with whom it has entered into contractual relationship are of legal age and are not subject to any moral or physical constraint by a third party or the Studio.
The Studio hereby certifies that it does not support, promote or allow any activities linked to prostitution, escort, sex trafficking, pedophilia or any kind of human abuse.
The Model undertakes to take all necessary measures to cooperate with the Website Operator in order to verify from time to time that none of its Models are engaged in any act of prostitution and escort.
In case evidences appear that one or several Models linked to the Studio are involved in prostitution and/or escort activities (or of any attempt to do so), the Website Operator will be entitled to stop with immediate effect any partnership with the Studio and contact the competent authorities where relevant.
In case evidences appear that one or several Models linked to the studios are underaged and/or that the Studio is involved in child exploitation or sex trafficking the Website Operator will terminate the Service Agreement, and will immediately contact the criminal authorities.
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. The Studio acknowledges, and holds harmless, the Website Operator in case the latter is compelled to disclose account information to relevant tax authorities in the course of any legal proceedings initiated in the local jurisdiction of the Studio or the Website Operator or any other jurisdiction. 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).
As a Studio and/or Model I hereby grant my consent to the Website Operator to perform a general background check on me for KYC purposes in databases aggregating publicly available information.
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 chatting mode), LiveJasmin.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 origin 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 Livejasmin.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.
As a Model or Studio I declare that I am responsible for ensuring to be compliant with all local laws, filing and registration obligations, including but not limited to registering to do business, filing and payment of taxes (including Sales, VAT, withholding or any other tax deemed applicable) and providing the Website Operator with relevant tax/VAT IDs should I exceed the local threshold, thereby requiring registration and payment of any value added or similar tax where applicable. Furthermore, I acknowledge, and hold harmless, that from time to time the Website Operator may be required to submit information to tax authorities as part of routine and/or extraordinary enquiries specifically related to the relationship and financial dealings of the Website Operator and me.
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 – Right to the Name – Intellectual Property Rights Assignment
6.1 Authorization for use of image and name
I authorize, and as the case may be, I am responsible and liable for Models to authorize under the Studio Models Contract, the Website Operator to use my/the Model’s image, photograph, voice, or other likeness of myself/the Model (hereinafter collectively referred to as the "Model’s Image") for the purposes of the provision of the Services on the Websites, offered for sale to Subscribers, including publicity, marketing, and promotion of the Websites and its various programs.
I authorize as well, and as the case may be, I am responsible and liable for Models to authorize under the Studio Models Contract, the Website Operator to use my/Model’s username, alias, pseudonym (hereinafter collectively referred to as the "Model’s Name") for purposes of provision of the Services on the Websites, offered for sale to Subscribers, including publicity, marketing, and promotion of the Websites and its various programs.
In this respect, I/the Model agree(s) and acknowledge(s) that the Model’s Name shall not contain and/or be constitutive of the name of any famous/celebrity person or name/sign which benefits from any intellectual protection. I/the Model shall be fully responsible for choosing a Model’s Name which conflicts with a name on which a third party has rights.
I authorize, and as the case may be, I am responsible and liable for Models to authorize under the Studio Models Contract, the Website Operator to use my/the Model’s Image and/or my/the Model’s Name, as part of the Creation (defined in clause 6.2 below).
My/the Model’s Image and/or my/the Model’s Name may be copied/reproduced and distributed by means of various media, including, but not limited to, video presentations, television broadcast, radio transmission, news releases, e-mails, billboards, brochures, placement on the Websites and/or other electronic delivery, publication, display, or promotion on any and all other media, and I/the Model further understand(s) that my/the Model’s Image and/or my/the Model’s Name may be subject to reasonable modification or editing. I/the Model waive(s) any right to inspect or approve the finished product or material in which the Website Operator may eventually use my/the Model’s Image. I/the Model relinquish(es) and give(s) the Website Operator all rights, title and interests in and to the Model’s Image and/or the Model’s Name. This authorization for use of my/the Model’s Image and/or my/the Model’s Name shall be binding upon my/the Models’ heirs, successors, assigns, and legal representations.
I confirm, and as the case may be, I am responsible and liable for Models to confirm under the Studio Models Contract, that I/the Model am/is aware of the provisions relating to the image rights, private life, and the right to a name, and agree(s) that the above authorization will remain in force for the duration of either 10 years from the termination of this Services Agreement, or for the period of the validity of any intellectual property rights, including any eventual renewals and extensions, throughout the world, related to the Creation comprising the Model’s Image and/or the Model’s Name, whichever is greater.
6.2 Assignment of Intellectual Property Rights
I acknowledge and agree, and as the case may be, I am responsible and liable for Models to expressly agree under the Studio Models Contract, that all intellectual property rights and copyrights, titles and interests, trademarks, service marks, trade secrets and all other intellectual proprietary rights, or any portion thereof, in and to any material/content streamed by me/the Model and/or recorded by the Website Operator in the course of my/the Models’ provision of the Services hereto, or any original work published/uploaded on the Websites by me/Model/Studio, of every kind and character (hereinafter referred to the "Creation") are definitively, irrevocably, and exclusively assigned to the Website Operator, and the Website Operator, hereby accepts such assignment, for the period of the validity of such intellectual property rights including any eventual renewals and extensions, throughout the world.
The Creation comprises, but is not limited to, the following:
- Any uploaded original content like pictures, photographs, videos, audio recordings, profile descriptions, comments, statements, quotes/excerpts of my/the Model’s written or verbally expressed words, etc., including any and all derivative works of any such uploaded original content, like artworks and photographs of said artwork;
- Any of the Services thereof like live shows, live streams, performances, chat conversations, dialogue, acts, etc., including recorded streams, screenshots of shows/performances (recorded via webcam or by using other means), as well as any of my/Models’ appearance(s) on the Websites, like snapshot(s) of my/the Models’ Image, etc., and/or neighbouring rights I/the Model have/has as artist/creator of the entertainment show/work, including any and all derivative works;
- Any domain name and/or trademark including my/the Model’s Name when I/the Model elect(s) to allow the Website Operator to create my/Model’s website for the provision of the Services hereto;
- My/the Model’s online character (i.e., the particular combination of qualities, like personality traits, physical characteristics, particular clothing, make-up, distinctive signs associated with the appearances on the Websites, etc.), in the event such character is subject to copyright protection, i.e., is an original expression of myself/the Model as its author.
I acknowledge and expressly agree, and as the case may be, I am responsible and liable for Models to expressly agree under the Studio Models Contract, that by entering into this Services Agreement, the Website Operator shall be deemed, the owner of the Creation, and all rights attached thereto to the fullest extent possible under the applicable laws.
This assignment comprises, but is not limited to, the assignment to the Website Operator of the following exclusive worldwide rights, without limitation, restriction and/or further authorization from the Model:
- The right to reproduce the Creation; that is to say the right to use, reuse and reproduce the Creation, whatever the format and the dimensions, on all media known or unknown to date (for example, paper, press, video, CD-Rom, digital version, etc.).
- The right of representation, i.e., the right to publicly display the Creation; that is to say the right to present and communicate the Creation to the public by any communication means known or unknown to date, including through public display or posting, video release, but also through digital media (and in particular, image banks, internet, intranet, etc.).
- The right to broadcast and distribute copies of the Creation to the public; that is to say the right to copy and multiply the Creation, disseminate it, distribute it, and broadcast it to the public on or through any medium (e.g., paper, Intranet, Internet, luxury edition, pocket edition, etc.) regardless of the destination of this exploitation (private use, sale or other transfer of ownership, or by rental, lease, or lending, etc.).
- The right of adaptation, i.e., the right to prepare derivative works based upon the Creation; that is to say the right to integrate into or extract the entire content or a substantial part thereof from the Creation and create derivative work of it; modify, edit, adapt and improve the Creation at Website Operator’s convenience in order to make it fit a particular purpose or use the Website Operator makes of it (e.g. fit on merchandising products, in books, etc.); create graphic and plastic works from the Creation, and exhibit and otherwise exploit any such works, etc.
- The right to publicly perform the Creation; that is to say the right to publicly perform, publish or display, make available, import, broadcast, transmit, distribute, replay and communicate the Creation to the public or to third parties in any form and by any means whatsoever, including but not limited to online, wire and/or wireless transmission, TV broadcasting, satellite, cable or network distribution and communication;
- The right to translate the Creation; that is to say the right to translate the Creation into any language that the Website Operator deems necessary in the course of its activities related to the Websites.
- Any ancillary and subsidiary use of the Creation for the purpose of advertising, merchandising, programming and promoting the Website Operator brands through manufacturing and production of promotional material among other actions;
- More generally, use the Creation in all kind of media sources including, but not limited to, internet, television, broadcasted media, radio, and social networking sites (e.g. Twitter, Facebook, Instagram, etc.).
For the safe of clarity, all the above rights to the Creation shall also be deemed to cover the right to use, communicate, disclose, distribute and commercialize the Creation or derivative works of it through or on merchandising products (e.g. T-shirts, sweatshirts, leggings, hats, beanies, posters, canvases, coffee mugs, smart phone cases, mousepads, iPad cases, laptop skins, pillows, books, household or kitchen utensils and containers and similar, etc.), digital and/or printed magazines, newspapers, books, publications, exhibition material, posters, painting etc., as well as adult entertainment networks, like tube sites, intended to promote the Websites.
6.3 Financial conditions related to the authorization for use of image and name (pursuant to art. 6.1.), as well as the assignment of intellectual property rights (pursuant to art. 6.2.)
I acknowledge and expressly agree, and as the case may be, I am responsible and liable for Models to expressly agree under the Studio Models Contract, that this authorization for use of image and name and assignment and transfer of the Creation, and all rights, titles and interests in and to the Creation, to the Website Operator and to any of its successors, licensees, and assignees, as the case may be, occurs without any additional compensation, except of the fees that I/the Model receive(s) for the Services rendered under this Services Agreement and/or the Studio Models Contract, as the case may be.
6.4 Warrantees related to the Creation
In respect of the authorization for use of image and name, and the transfer and assignment of the intellectual property rights 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:
- I/the Model am/is the owner of the intellectual property rights, including copyrights in and to the Creation and have/has the full right to make this assignment to the benefit of the Website Operator, and said transfer shall not cause any infringement of any intellectual property rights, including copyrights of any third party (e.g., photographer, film maker, agency, publishing company, manager, and/or any other third party, hereinafter referred to as the "Interested Parties");
- The Creation does not violate any third party intellectual property rights, including copyright, proprietary or personal rights of others (like third party’s stage name, alias, trademarks, etc.). For avoidance of doubt, I/the Model warrant(s) that there are no third parties’ rights, which would restrict or preclude the use of the Creation by the Website Operator as defined hereto.
- The performance of the obligations undertaken by me/the Model in connection with the transfer of the intellectual property rights, including copyrights in and to the Creation hereto does not:
- result in a breach of any material agreement to which the Model is a party; and
- require the proceedings, action or consent of or any announcement to any person, third party (e.g. photographer, manager, etc.).
- I, and/or where relevant, the Model, have/has obtained from relevant third party (e.g. a third party photographer owns intellectual property rights in and to a picture, a video producer owns intellectual property rights in and to a video, etc.), irrevocable and absolute grants and assignments (to the fullest 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 rights assigned hereto, in and to the Creation, prior to the use and/or uploading on the Websites or prior to the entry into the Services Agreement.
- There are no other agreements or circumstances which would give rise to any right for any person, whether actual or contingent, to purchase or otherwise acquire the intellectual property rights, including copyrights, hereto from the Model, as well as rights with regard to my/the Model’s Image and/or my/the Model’s Name, and I/the Model shall not enter into any such agreement or have any rights in the Creation that would otherwise affect the ability of the Website Operator to obtain the intellectual property rights, including copyrights in and to the Creation, and the authorization related to the use of my/the Model’s Image and/or my/the Model’s Name, as stated herein;
- None of the intellectual property rights, including copyrights in and to the Creation have been licensed to third parties, and I/the Model am/is not bound by an exclusive contract for the use of my/the Model’s Image or my/the Model’s Name.
- There are no civil or administrative or criminal legal proceedings or arbitration in process or pending against me/the Model (for instance, cancellation, nullity or infringement procedure) which would restrict, prevent or change, in any substantial way, the transfer and assignment of the intellectual property rights, including copyrights in and to the Creation in accordance with the present Services Agreement, or the fulfilment of the obligations of the Model in accordance with the present Services Agreement. There is no threat of launching such proceedings against me/the Model, and there are no facts or circumstances (known by me/the Model) which might give rise to such proceedings.
In respect of the above warranties, the Website Operator expressly excludes full responsibility/liability for any violation of third parties’ intellectual property rights, including copyrights in and to the Creation, by myself/the Model in the course of performing or in connection with the present Services Agreement.
I/the Model agree(s) to indemnify and hold the Website Operator harmless from all third party claims concerning third party intellectual property right infringement, as well as from any claims that result from or arise under my/Model’s negligent actions or willful misconduct in the performance of the assignment and authorization under this Services Agreement.
6.5 New Exploitation Rights and New Exploitation Methods
Without limiting the generality of this clause, I acknowledge and agree, and as the case may be, I am responsible and liable for Models to expressly agree under the Studio Models Contract, that new rights of and to the Creation 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 the Website Operator, any and all such New Exploitation Rights in and to the Creation.
I acknowledge and agree, and as the case may be, I am responsible and liable for Models to expressly agree under the Studio Models Contract, 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 the Creation. I intend and hereby assign, grant, and convey, and as the case may be, I am responsible and liable for Models to intend and hereby assign, grant, and convey under the Studio Models Contract, to the Website Operator, any and all rights to such New Exploitation Methods with respect to the Creation.
6.6 Assignment and/or license of the Creation
I agree, and as the case may be, I am responsible and liable for Models to agree under the Studio Models Contract, that the Website Operator reserves the right to freely transfer and assign the Creation to its group companies or to any other third party, if the need arises, without the consent of the Model.
The Website Operator may also assign separately any right acquired pursuant to this Services Agreement to a group company or a third party, without limitation.
The Website Operator may also freely license the Creation to a group company or any third party without further confirmation or authorization from the Model.
Any such assignment or license shall be binding upon the Model and shall inure to the benefit of such assignee or licensee.
6.7 Assignment of Moral rights
In relation to the assignment of intellectual property rights hereto, I agree, and as the case may be I am responsible and liable for the Models to agree under the Studio Models Contract, to waive any and all moral rights relating to the Creation, including but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use, and subsequent modifications, to the extend permitted by applicable laws.
I agree, and as the case may be I am responsible and liable for Models to agree under the Studio Models Contract, that the Website Operator may edit my/Models’ appearance as the Website Operator see fit and that I/Model and any Interested Parties waive(s) any and all moral rights, including the right to injunctive or other equitable relief, to the extent permitted by law, that I/Model and any Interested Parties may have/has, and that I/Model and any Interested Parties understand(s) that the Website Operator has no obligation to use my/Models' appearance(s).
6.8 Special authorizations and related financial conditions
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 Models 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 in 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 the Models to agree under the Studio Models 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 Models 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.
6.9 Monitoring of the Creation and DMCA notifications
I recognize and hereby expressly authorize, and as the case may be, I am responsible and liable for the Models to expressly authorize under the Studio Models Contract, the Website Operator to monitor, record, and log all my/the Model’s online activities on the Websites, including any monitoring of the Creation, notably to review it for violation of applicable laws and/or relevant policies in place from time to time. The Website Operator shall immediately remove any forbidden and/or litigious content from the Websites.
Notwithstanding the above, I, and as the case may be, the Studio, am/is aware that it is not the Website Operator’s duty to proceed with such revision and/or monitoring, a priori, and therefore the latter shall not be deemed responsible, either jointly or severally, for any Creation or action displayed on the Websites as a result of my/the Model’s unlawful conduct, which is in breach of any applicable laws, notably intellectual property laws, or Websites policies as applicable from time to time.
It is the Website Operator’s policy, in appropriate circumstances and at its discretion, to remove infringing Creation from its Websites, and to disable and/or terminate the accounts of the Models who infringe the applicable laws and/or the intellectual property rights of others. Therefore, the Website Operator has implemented a special DMCA section on its Websites allowing third parties to report infringing material on its Websites.
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 LiveJasmin.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 LiveJasmin.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.
I hereby declare that under this Services Agreement, I will not exchange and/or will not attempt to exchange any personal information (such as contact details, identity disclosure, precise personal location or address (other than broad region or country) and so forth) with the customers. I will not initiate or attempt to initiate any activities or prior steps (any preliminary exchange of personal information shall be deemed a preliminary step in this respect) that could lead to the performance and/or promotion of prostitution and/or escort services in any manner.
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. Models shall comply with the rules applicable to the category they are registered with. Such rules and modalities are available under https://wiki.livejasmin.com/
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.
I am aware that this Services Agreement will be terminated with immediate effect in case it is discovered that I am involved directly or indirectly in any activity of illegal prostitution, escort services, or sex trafficking and/or with any attempt to do so (inclusive of the exchange of personal information of any kind) and that my credits may be frozen and the authorities contacted as a result.
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.
Any dishonest behavior, action, maneuvers of any kind, inclusive of attempt, with special regard to the circumvention of the applicable rules (whether written or implied) of any competition, game or other event organized by the Website Operator for the Models is considered as a breach of this Services Agreement.
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: https://wiki.livejasmin.com/display/EW/Penalty+System
The Subscribers must always receive high quality services on the Websites. Therefore, please always strive to improve the quality of your Services, for which you may find some principles under https://wiki.livejasmin.com/ Please note that disregarding such requirement and providing low quality Services, which is subject to the discretionary assessment of the Website Operator, may result in the immediate termination of this Services Agreement.
The Subscribers, upon their choice, may send clothing items to you (the “Jasmin Gift” or „Gift”). Please note that sending a Jasmin Gift is not available to all Models. If a Subscriber wants to send a Gift to you the Support Team will contact you for your consent to accept the Gift and to record the selected size and color of the Gift item along with the delivery address, unless all this information is already registered under your Model Account. You may ask for the exchange of the Gift item only if the selected size and/or color was not delivered to you or the Gift item is damaged upon delivery. Do not disclose the delivery address to the Subscribers under any circumstances. The Website Operator organizes the shipping of the Gift item to the address provided by you and takes no responsibility if such address cannot be contacted. The Website Operator does not cover the costs of returning any Gifted items for any reason.
Please note you must accept a Jasmin Gift within seven (7) days from the time offered by a Subscriber. No Jasmin Gift can be exchanged for a credit Surprise or cash. You may receive each Gift item only once. Until the Gift item is dispatched you may contact the Support Team for any changes of the delivery details.
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 - 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
10th 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.
LiveJasmin.com represents and warrants that JasminCam does not access, monitor nor store maliciously any of the computer’s processes.
11th 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).
12th 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.
13th 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.
14th 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.
15th 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.
16th 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.
17th 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.
18th 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)".