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I, TENORIO CASTILLO KATHERIN BARNEY (name) hereby certify that the identity document(s) uploaded in the
online registration procedure are mine and were issued by governmental authority. All the information they mention are true,
including the date of birth which indicates that I am at least 18 years old or the age of legal majority according to local laws in
my country or state.
Any falsification of documents and uploaded material will terminate this application and related agreements but will also be
grounds for possible criminal prosecution.
If you work in a company, please contact the support to send the trade register number as well as documents attesting to
the validity of the company.
AGREEMENT BETWEEN MODEL/PERFORMER AND
SHOSHORO NV
Definitions
Shoshoro NV (hereinafter: SNV) : Private company with limited liability Shoshoro NV, established and having its
main office, E-CommercePark Vredenberg, unit D-08, Willemstad – Curacao, Chamber of Commerce n°122760
User /Member/Customer/Visitor: the person who visits the Web Site and purchases a service from the Performer.
Web Site: technical plateform for the presentation of information via the internet, more in particular the Web Site:
www.xlovecam.com and www.xlovegay.com.
Content: the content of the Web Site; said content consists among other things, but not exclusively, of photos, texts and
video images.
Performer: also known as the Host, Model or Webcam girl, the person who, sales for his own risk and account it's
webcam services or for the own risk and account of the Web Cam House "Studio" if registered by a Web Cam House
"Studio".
SNV shall only provide a technical platform (ICT and Hosting Services) including but not limited to, a chat-room and
webcast that the Models/Performers can use to chat via a web cam with third parties and sell their services.
SNV shall provide Billing services for the payment's , by the Users, the collection of debt's for the services of the
Models/Performers, including but not limited to, credit card billing.
SNV makes publicity, promotion through different media's and third parties. (Marketing service)
SNV shall not provide any technical support to the Models/Performers' computer equipment.
The following terms and conditions shall apply to the legal relationship between SNV and the Model/Performer
This Agreement describes the general terms & conditions that apply when you use the Payment Service (Billing) offered by
ACW BV.
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer and ACW
BV Before you can make use of the Payment Services you need to carefully read and accept all the conditions and
stipulations of this Agreement, including the documents and Policy Rules that are part of this Agreement.
1. General
1.1 This Agreement replaces all previous agreements between the Performer and a company of the AC Group.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions)
or contact ACW BV via the online contact form of ACW BV.
1.3 ACW BV has the right to make changes to this Agreement. ACW BV will notify the Performer of such changes by
means of placing the new, amended Agreement on the SNV Platform, by means of an email to the registered Performer by
other means. The changes take effect on the date specified in the notification. If the Performer is unable to agree with the
changes this Agreement will terminate.
1.4 This Performer Agreement is drawn up in the English language. In the event of a conflict between the English version and
a version in another language the English version will prevail.
2. Definitions
2.1 AC Webconnecting B.V.: refers to registered to a limited liability company (BV) with the Chamber of Commerce under
number 52306054 with its offices at Zuid-Hollandlaan 7, 2596 AL in The Hague (hereinafter: ACW BV).
2.2 AC Group: companies which are directly and indirectly held by AC Media Connect Holding BV, AC Media
Connect Holding BV.
2.3 AC Media Connect Holding BV: a company registered in the commercial registry under number 6863636628, having
its offices at Beursplein 37, 3011 AA, Rotterdam.
2.4 AC Webconnecting N.V.: a company having its offices at
AC Webconnecting N.V. E-commerce Park Vredenberg unit D07-D09 Willemstad Curacao Netherlands-Antilles kvk 102163
, registered under number 12276
2.5 Affiliates: third parties with whom AC Webconnecting N.V. has concluded agreements to provide and offer
marketing services to the Performers.
2.6 Entertainment Webcam Service: a service offered and sold by the Performer to the User.
2.7 Entertainment Webcam Service Fee: the fee the User pays to the Performer for the sale of the Entertainment Webcam
Service by the Performer to the User.
2.8 E-Wallet: virtual credit balance registered by ACW BV upon receipt of funds from the User. The User's E-Wallet is
stored in the ACW BV computer system. The E-Wallet is not a bank account but a virtual balance.
2.9 Financing Transaction: the transaction in which the User deposits credits into his/her virtual balance (E-Wallet).
2.10 General Platform Fees: the fee that SNV charges to the Performer for the General Platform Service.
2.11 General Platform Services: the services provided to the Performer for the use of the SNV Platform in return for
payment, which services may fully be performed by SNV and/or partly by Affiliates under a contract concluded by
AC Webconnecting N.V. and the Affiliates.
2.12 General Platform Services Agreement: the general terms & conditions that apply to the relationship between the
Performer and SNV in relation to the provision of the General Platform Services to the Performers.
2.13 Micro Company: an enterprise which qualifies under the definition of Micro Company for VAT purposes in your
country of residence.
2.14 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday,
the Payment Day will be postponed to the next following days.
2.15 Payment Instruction: the authorisation the User gives ACW BV to deduct the payment from the virtual credit balance in
the User's E-Wallet for the Entertainment Webcam Services purchased from the Performer; these credits are automatically
and instantly credited to the Performer Payment Account.
2.16 Payment Service: a service provided by ACW BV to the Performer by crediting the Performer Payment Account, upon
the debiting of a virtual credit balance held by the User (E-Wallet), for the discharge payment of Entertainment Webcam
Services the Performer has sold to the User.
2.17 Payment Service Agreement: the agreement as concluded by ACW and the Performer on the basis of which ACW
BV renders Payment Service to the Performer (this Agreement).
2.18 Payment Service Fee: the fee that ACW BV charges to the Performers for the Payment Service.
2.19 Payment Transaction: the transaction in which ACW BV transfers the credits held in the Performer's Payment
Account into the bank account of the Performer.
2.20 Performer: the party who offers and sells his Webcam Entertainment Services to the Users via the SNV Platform
and either operates as an independent professional or as a micro company in his country of residence. Wherever the word
‘Performer’ is used this may also be read as ‘you’.
2.21 Performer Account: the Performer's personal registration on the SNV Platform containing the personal information of
the Performer (Performer's Profile and the Performer's Name).
2.22 Performer Information: all the information you, as a Performer, put on the SNV Platform and/or on the
Performer’s Account, including registration details, pictures, videos, feedback and all other communications.
2.23 Performer's Name: the name under which the Performer is registered. Also the name that, in combination with
the personal password, gives access to the Performer's Account.
2.24 Performer Payment Account: the Performer's current account with ACW BV, to which – ACW BV credits the payments
made and approved by Users for the purchase of the Webcam Entertainment Services provided by the Performer and to
which ACW BV debits amounts owed to ACW BV and/or to SNV by the Performer.
2.25 Performer's Profile: the full personal and physical description of the Performer.
2.26 Policy Rules: documents prepared by the AC Group and published on the SNV Platform containing mandatory or
non- mandatory rules which apply to the relationship between the Performer and any member of the AC Group as a result
of any agreement concluded between the two including but not limited to Privacy/ GDPR rules, Code of Conduct, KYC
rules and AML rules.
2.27 Reservation Requirement: the amount that ACW BV reserves temporarily in accordance with the General
Platform Services Agreement to cover possible payment cancellations by Users.
2.28 SNV refers to Shoshoro N.V., registered with the Chamber of Commerce under number 122760, with its offices at
General Platform services: Shoshoro N.V. E-commerce Park Vredenberg unit D07-D09 Willemstad Curacao
Netherlands-
Antilles kvk 122760
and to the companies and Partners affiliated with Shoshoro N.V.
2.29 SNV Platform: the technical platform exploited by SNV that enables the Performer to provide and sell
Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services
anonymously.
2.30 Third Party: any party except the Performer and ACW BV.
2.31 Transaction Fees: the costs associated with the Payment Transaction.
2.32 User: a person who purchases Entertainment Webcam Services from the Performer via a Website connected to the
technical Platform of SNV and who uses the User Payment Service (E-Wallet) in order to make the discharge payment of
the Entertainment Webcam Services the Performer has provided and sold to the User.
2.33 User Account: the User's personal registration on the SNV technical SNV Platform.
2.34 User Payment Service: service offered by ACW BV to the User whereby the User can obtain – upon placing of funds by
the User - a prepaid virtual credit on his name to make discharge payments to the Performers for his purchase of the
Entertainment Webcam Services from the Performers registered on the SNV Platform. The Payment Service does not
constitute
an account but a Virtual Credit which cannot be refunded to the User.
2.35 Virtual Credit: a non-refundable virtual asset registered with ACW BV to the credit of the User upon placing of funds
by the User which serves for the User to make discharge payments to the Performers for his purchase of the Entertainment
Webcam Services from the Performers registered on the SNV Platform.
2.36 Website: a website linked to the technical Platform of SNV.
3. Payment Services
3.1 ACW BV will debit the Users E-Wallet for the discharge payment of Entertainment Webcam Services the Performer has
provided to Users. Consequently, ACW will credit the Performer Payment Account. On Payment day ACW BV effectuates
the Payment Transaction retaining the Payment Service Fee and the General Platform Service Fee.
3.2. The Performer can only apply for registration of the Payment Services with ACW BV with his Performer Account on
the SNV Platform as laid down in the General Platform Services Agreement the Performer has concluded with SNV. It is not
possible for a Performer to apply for the Payment Services if this Performer has not opened a Performer Account on the
SNV Platform.
3.3. In principle the information provided by the Performer for opening his Performer Account is used for applying for the
Payment Services and opening the Performer Payment Account albeit that ACW BV is entitled to ask any additional
information from the Performer which is considered to be necessary by ACW BV in respect of the application of the
Performer for the Payment Services.
3.4. The Performer is obliged to provide complete, up to date and correct registration information and information in respect
of his Performer Account and his Performer Payment Account and to update this information on a regular basis to keep it
current and correct.
3.5. The Performer agrees that:
a. the sale of the Webcam Entertainment Services constitutes a transaction between the Performer and the User; ACW BV is
not a party to this sale.
b. ACW BV is not responsible for and has no influence on the completion or the payment of the Entertainment
Webcam Service Fee for the Entertainment Webcam Service Services purchased by the User from the Performer.
c. The Studio has to comply with the VAT legislation in his country of residence in respect of the sale of the
Entertainment Webcam Services to the Users.
3.6. If a Financing Transaction is reversed for whatever reason (cancellation), ACW BV is entitled to recover the payment
from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
3.7. ACW BV has a Reservation Requirement of 5 percent of the amount of the Webcam Entertainment Services the User
has purchased from the Performer. The Reservation Requirement is a temporary reserve (180 days) to cover potential
payment cancellations by the User.
3.8. ACW BV can suspend a Payment Transaction if ACW BV, at its own discretion, suspects that the Payment Transaction:
is based on a factual error, is fraudulent or is made using a fraudulent or invalid method of payment and/or is a possible case
of money laundering.
3.9. ACW BV will notify the Performer about the suspension of any Payment Transaction.
3.10. ACW BV is entitled to deduct all payment obligations that ACW BV may accrue under this Agreement from the
Performer's Payment Account, in addition to all other rights and legal means available to ACW BV pursuant to this
Agreement.
3.11. ACW BV is not liable to the Performer or Third Parties for any loss suffered by the Performer as a result of
imposed transaction limits, Reservation Requirements, payment cancellations or other refund demands.
4.1. ACW BV renders the Payment Services to the Performer against a Payment Service Fee. ACW BV will deduct this
Payment Service Fee from the discharge payments made by Users to Performers for the Webcam Entertainment
Services provided by the Performer.
4.2. The amount of the Payment Transaction is on 50% (or another percentage agreed otherwise) of the turnover of the
Performer. The remaining amount is retained by ACW BV to cover the payment of the invoices due by the Performer for
the Payment Services and to cover the payment of the invoices due by the Performer for the General Platform Services.
4.3 The Performer has the right to download at any time from his Performer Account the invoices which have been paid
by retaining amounts from the Entertainment Webcam Service Fees as set out above.
4.4 Transaction Fees may apply depending on the chosen payment method as laid down in the Performer Account.
4.5 ACW BV is entitled to change the Payment Service Fee and/or the Transaction Fee the Performer is due to ACW BV. The
changes take effect on the date specified in the notification of such change. If, in the 14 days after this change, the Performer
notifies ACW BV that he/she does not accept the changes in question, question the Payment Service Agreement and the right
to use the Payment Services will terminate immediately upon receipt of this notification.
7. No representation
7.1 ACW BV on the one hand and the Performer on the other are independent parties; each party acts only in its own name
and on its own behalf.
7.2 It is not the purpose of this Payment Service Agreement to establish an agency, mandate ship, partnership, joint venture
or any other form of collaboration, an employer/employee relationship or a franchisor/franchisee relationship. The Payment
Service Agreement consequently does not create any of the above.
8. Guarantees
8.1 Each party declares and guarantees that he/she/it is legally competent and authorised to sign this Payment
Service Agreement.
8.2 The Performer guarantees ACW BV that he/she is at least 18. If the legislation in the country of the Performer differs
from this rule the Performer must be at least 21. For this purpose the Performer will supply a copy of a valid ID.
8.3 The Performer guarantees ACW BV that:
a. the Performer will comply with all the laws, regulations and bylaws that apply to the Performer’s use of the Payment Service;
b. the Performer will comply with (the rules resulting) from the Payment Services Agreement;
c. the Performer will comply with the national legislation of the country in which the Performer is located;
d. the Performer will not attempt to initiate or receive a Payment Transaction that is illegal or fraudulent or that conflicts
with the applicable legislation and regulations;
e. the Performer will pay all taxes, levies and commissions which will be due for the Performer in respect of the use of
the Payment Services and/or the SNV Platform and/or the use of the General Platform Services and/or the provision of
the Entertainment Webcam Services to the User.
8.4 The Performer indemnifies and/or shall be liable for any damage sustained by ACW BV as a result of non-compliance
with the stipulations of section 8.3 of the present article. The Performer cannot exculpate itself towards ACW BV by stating
that the damage arose as a result of a violation by the Performer. The Performer shall be liable for its or its Performer's
actions at all times.
8.5 ACW BV guarantees the Performer that the Payment Service will be provided with reasonable care and professionalism.
8.6 ACW BV does not guarantee that the Payment Service will meet all of the Performer’s requirements or that the
Payment Service will function uninterruptedly, be virus-free, safe or error-free.
9.1 Declarations, notifications and other announcements from ACW BV to the Performer can be made by post, email,
via publications on the SNV Platform or by any other reasonable method.
9.2 The Performer agrees that ACW BV can send the Performer electronic messages that relate to the Performer’s use of
the Payment Service or any other matter.
10.1 The Performer is solely responsible and liable for the information he provides in order to make use of the Payment
Services. The Performer is obliged to comply with all the applicable national, European and international regulations relating
to the activities and Services offered on the SNV Platform.
10.2 This information from and any actions and/or Services by the Performer cannot:
a. be inaccurate, incorrect or misleading;
b. be insulting, threatening, damaging, slanderous;
c. infringe copyright, privacy rights or other rights;
d. violate the law and/or any other regulation;
e. contravene public order and / or morality;
f. be obscene, indecent or contain child pornography;
g. incur a liability for ACW BV and/or cause (in whole or in part) that ACW BV cannot operate the Payment Services;
h. cause the operation of the Payment Services by ACW BV to be broken, damaged or less efficiently rendered, or have the
effect that the provision of the Payment Services is affected in such a way that its effectiveness or functionality is affected
in any way.
11.1 Without prejudice to any other legal remedy, ACW BV can suspend or terminate the Performer's Payment Account,
if actions on the part of the Performer cause ACW BV to reasonably suspect or give the impression that there is any form
of involvement or association with fraudulent activities (fraud and terrorism financing), prohibited transactions or money
laundering, the violation of this Agreement or a violation of the law.
11.2 If the Performer commits fraud, is involved in prohibited transactions or money laundering or terrorism financing, or
deliberately or as a result of gross negligence fails to comply with the stipulations of this Agreement or the law, the Performer
is liable for all loss suffered in relation to the unlawful transactions.
11.3. The Performer acknowledges that ACW BV may block a transaction, a payment order or any use of the Payment
Services when ACW BV reasonably suspects a case of fraud, prohibited transactions or money laundering, the violation of
this Agreement or a violation of the law or terrorism financing. When ACW BV blocks a transaction or payment order, the
Performer is informed unless ACW BV is legally prevented from doing so.
11.4. In the event of suspected fraud, prohibited transactions, terrorism financing or money laundering, or not complying
with this Agreement, ACW BV may as a result declare the transaction to the relevant authorities without informing the
Performer.
12.1 Without prejudice to any other means available to ACW BV, ACW BV has the right to send the Performer an immediate
warning, suspend or terminate the Performer’s Payment Account temporarily or indefinitely and refuse to provide the
Payment Services to the Performer if:
a. the Performer violates this Agreement, the General Platform Services Agreement or the documents that form an integral
part of this Agreement and/or the General Platform Services Agreement for reference purposes;
b. it proves impossible for ACW BV to verify the correctness of the information provided by the Performer; or
c. ACW BV suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with
fraudulent activities, terrorism financing, prohibited transactions or money laundering, the violation of this Agreement or a
violation of the law;
d. ACW BV feels that by his/her actions the Performer will or may cause damage to ACW BV.
13.1. ACW BV can never be held liable for any direct or indirect damage or (consequential) loss, including but not limited to
: any loss or falsification of data;
loss of profits (suffered directly or indirectly);
loss of turnover;
loss of goodwill or reputation;
loss of opportunity;
or for indirect, incidental, additional or any other damage, irrespective of whether the loss or damage is attributable to any
change ACW BV has made to the operation of the Payment Service, or due to a permanent or temporary interruption in the
Payment Service, and irrespective of any negligence or other cause.
13.2. ACW BV's liability to the Performer – irrespective of the circumstances – is in any case limited to the total of the
amounts the Performer has received from ACW BV in the 6 months preceding the legal action that gives rise to the liability,
with a maximum of €100.
14.1 The Performer Account is non assignable, shall be strictly personal and must not be transferred to or used by any
third party.
14.2 Creating a Performer Account for a third party shall be prohibited.
15. Indemnity
15.1 The Performer will compensate ACW BV and protect ACW BV against any entitlement or claim whatsoever including
reasonable solicitors’ fees on the part of a third party and that is attributable to or arises from a violation of this Agreement
or the documents that form part of the Agreement for reference purposes, a violation of any law or regulation whatsoever or
the infringement of the rights of a third party by the Performer.
15.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the operation of
the Payment Services, the Performer indemnifies ACW BV against any claims, liability, damage, loss, costs and fees,
including legal fees, known or unknown, that are associated with such an entitlement, claim or dispute.
16.1 This Agreement will remain in place until such time as it is cancelled by the Performer or by ACW BV, as outlined
below. If this Agreement is cancelled this means that the Performer Payment Account will be closed by ACW BV.
16.2 If the Performer wishes to terminate this Agreement with ACW BV, the Performer can do so at any time and free of
charge by closing the Performer’s Account as a result of which the provision of the Payment Services by ACW BV to the
Performer under this Agreement will also terminate.
16.3 ACW BV can terminate this Agreement at any time without prior notice if:
a. the Performer has violated an essential stipulation of this Agreement or has made it clear by his/her actions that he/she
does not intend to comply or is not capable of complying with the essential stipulations of this Agreement; or
b. ACW BV is legally obliged to do so.
16.4 The termination of this Agreement does not affect the legal rights, obligations and responsibilities the Performer and
ACW BV have used, that have applied to the relationship between the Performer and ACW BV, or that arose in the period that
this Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
16.5 Upon termination of this Agreement or any other termination of the use of the Payment Service by the Performer
the Performer remains responsible for all cancellations and recovery costs.
17.1 Dutch law applies to this Agreement. Any disputes that arise or may arise between the Performer and ACW BV as a
result of this Agreement or subsequent agreements or other actions in relation to this Agreement will be settled by the
competent courts in the Netherlands.
17.2 This Agreement is drawn up in the English language. In the event of a conflict between the English version of
this Agreement and a version in another language, the English version will prevail.
18. Other
18.1 The Payment Service referred to in this Agreement is supplied by ACW BV.
18.2 The Performer agrees that ACW BV can freely and by operation of law transfer the rights and obligations arising from
this Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or
other restructuring.
18.3 The titles of the various sections of this Performer’s Agreement are indicative only and do not necessarily give an
exact indication of the content of the articles to which they refer.
18.4 If ACW BV fails to act in respect of a violation of this Agreement by the Performer or by others ACW BV does
not automatically waive the right to act in respect of later or similar violations.
18.5 If ACW BV does not exercise or enforce a legal right or legal remedy referred to in this Agreement (or to which ACW
BV is entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of ACW BV. Neither can
it be considered a waiver of the right to act in respect of later or similar violations. ACW BV can and may always use its rights
or legal remedies.
18.6 The provisions in the following articles: ‘9. Announcements and notification’, ‘10. Information and actions on the part
of the Performer’, ‘13. Limitation of liability ACW BV’, ‘14. Indemnity’, , ‘16. Applicable law’ and ‘17. Other’ and any
other provision insofar as applicable continue to exist after the termination or expiry of this Agreement.
18.7 This Agreement, accompanied by the documents and Policy Rules included for reference purposes, constitutes the
entire agreement between the Performer and ACW BV.
This Agreement describes the general terms & conditions that apply when you use the General Platform Services offered by
SNV.
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer, and SNV NV.
Before you can offer and sell your services on the Platform you need to carefully read and accept all the conditions and
stipulations of this Agreement, including the documents and Policy Rules that are part of this Agreement.
1. General
1.1 This Agreement replaces all previous agreements between the Performer and a company of the AC Group.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions)
or contact SNV via the online contact form of SNV.
1.3 SNV has the right to make changes to this Agreement. SNV will notify the Performer of such changes by means of placing
the new, amended Agreement on the Platform, by means of an email to the registered Performer upon request, or by other
means. The changes take effect on the date specified in the notification. If the Performer is unable to agree with the changes
the Agreement will terminate.
1.4 By signing this Agreement the Performer accepts that part of the General Platform Services can be provided by an Affiliate
under a contract in this respect with AC Webconnecting N.V..
2. Definitions
2.1 ACW BV: AC Webconnecting B.V. being a company registered with the Chamber of Commerce under number
52306054 with its offices in The Hague.
2.2 AC Group: companies which are directly and indirectly held by AC Media Connect Holding BV, AC Media
Connect Holding BV.
2.3 AC Media Connect Holding BV: a company registered in the commercial registry under number 6863636628, having
its offices at Beursplein 37, 3011 AA, Rotterdam.
2.4 AC Webconnecting N.V.: a company having its offices at AC Webconnecting N.V. E-commerce Park Vredenberg
unit D07-D09 Willemstad Curacao Netherlands-Antilles kvk 102163, registered under number 12276
2.5 Affiliates: third parties with whom has AC Webconnecting N.V. concluded agreements to provide and offer
marketing services to the Performers.
2.6 Entertainment Webcam Service: a service offered and sold by the Performer to the User.
2.7 Entertainment Webcam Service Fee: the fee the User pays to the Performer for the sale of the Entertainment Webcam
Service by the Performer to the User.
2.8 E-Wallet: virtual credit balance registered by ACW BV upon receipt of funds from the User. The User's E-Wallet is
stored in the ACW BV computer system. The E-Wallet is not an account but a virtual balance.
2.9 Financing Transaction: the transaction in which the User deposits credits into his/her virtual balance (E-Wallet).
2.10 General Platform Fees: the fee that SNV charges to the Performer for the General Platform Service.
2.11 General Platform Services: the services provided to the Performer for the use of the SNV Platform in return for
payment, which services may fully be performed by SNV and/or partly by Affiliates under a contract concluded by
AC Webconnecting N.V. and the Affiliates.
2.12 General Platform Services Agreement: the general terms & conditions that apply to the relationship between the
Performer and SNV in relation to the provision of the General Platform Services to the Performers (this Agreement).
2.13 Micro Company: an enterprise which qualifies under the definition of Micro Company for VAT purposes in your
country of residence.
2.14 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday,
the Payment Day will be postponed to the next following days.
2.15 Payment Instruction: the authorisation the User gives ACW BV to deduct the payment from the virtual credit balance in
the User's E-Wallet for the Entertainment Webcam Services purchased from the Performer; these credits are automatically
and instantly credited to the Performer Payment Account.
2.16 Payment Service: a service provided by ACW BV to the Performer by crediting the Performer Payment Account, upon
the debiting of a virtual credit balance held by the User (E-Wallet), for the discharge payment of Entertainment Webcam
Services the Performer has sold to the User.
2.17 Payment Service Agreement: the agreement as concluded by ACW BV and the Performer on the basis of which ACW
BV renders Payment Service to the Performer.
2.18 Payment Service Fee: the fee that ACW BV charges to the Performers for the Payment Service.
2.19 Payment Transaction: the transaction in which ACW BV transfers the credits held in the Performer's Payment
Account into the bank account of the Performer.
2.20 Performer: the party who offers and sells his Webcam Entertainment Services to the Users via the SNV Platform
and either operates as an independent professional or as a micro company in his country of residence. Wherever the word
‘Performer’ is used this may also be read as ‘you’.
2.21 Performer Account: the Performer's personal registration on the SNV Platform containing the personal information of
the Performer (Performer's Profile and the Performer's Name).
2.22 Performer Information: all the information you, as a Performer, put on the SNV Platform and/or on the
Performer’s Account, including registration details, pictures, videos, feedback and all other communications.
2.23 Performer's Name: the name under which the Performer is registered. Also the name that, in combination with
the personal password, gives access to the Performer's Account.
2.24 Performer Payment Account: the Performer's current account with ACW BV, to which ACW BV credits payments
made by Users for the purchase of the Webcam Entertainment Services provided by the Performer and to which ACW BV
debits amounts owed to ACW BV and/or to SNV by the Performer.
2.25 Performer's Profile: the full personal and physical description of the Performer.
2.26 Policy Rules: documents prepared by the AC Group and published on the SNV Platform containing mandatory or
non- mandatory rules which apply to the relationship between the Performer and any member of the AC Group as a result
of any agreement concluded between the two including but not limited to Privacy/ GDPR rules, Code of Conduct, KYC
rules and AML rules.
2.27 Reservation Requirement: the amount that ACW BV reserves temporarily in accordance with the General
Platform Services Agreement to cover possible payment cancellations by Users.
2.28 SNV refers to Shoshoro N.V., registered with the Chamber of Commerce under number 122760, with its offices at
General Platform services: Shoshoro N.V. E-commerce Park Vredenberg unit D07-D09 Willemstad Curacao
Netherlands- Antilles kvk 122760 and to the companies and Partners affiliated with Shoshoro N.V.
2.29 SNV Platform: the technical platform exploited by SNV that enables the Performer to provide and sell
Entertainment Webcam Services anonymously and enables the User to purchase Entertainment Webcam Services
anonymously.
2.30 Third Party: any party except the Performer and ACW BV.
2.31 Transaction Fees: the costs associated with the Payment Transaction.
2.32 User: a person who purchases Entertainment Webcam Services from the Performer via a Website connected to the
technical Platform of SNV and who may or may not use the User Payment Service (E-Wallet) in order to make the
discharge payment of the Entertainment Webcam Services the Performer has provided and sold to the User.
2.33 User Account: the User's personal registration on the SNV technical SNV Platform.
2.34 User Payment Service: service offered by ACW BV to the User whereby the User can obtain – upon placing of funds by
the User - a prepaid virtual credit on his name to make discharge payments to the Performers for his purchase of the
Entertainment Webcam Services from the Performers registered on the SNV Platform. The Payment Service does not
constitute an account but a Virtual Credit which cannot be refunded to the User.
2.35 Virtual Credit: a non-refundable virtual asset registered with ACW BV to the credit of the User upon placing of funds
by the User which serves for the User to make discharge payments to the Performers for his purchase of the Entertainment
Webcam Services from the Performers registered on the SNV Platform.
2.36 Website: a website linked to the technical Platform of SNV.
3. Conditions Performer
3.1 The Performer must be a person who is legally competent and authorised to sign binding agreements and must be at least
18. If the legislation in the country of the Performer differs from this rule the Performer must be at least 21. For this purpose
the Performer will supply a copy of a valid ID of the Performer together with his photograph.
3.2 The Performer cannot be a person whose Performer’s Account has been temporarily or permanently suspended for
legal reason.
3.3. The Performer Account is not transferable, in any form whatsoever.
3.4 The Performer is obliged to make a Performer Account by completing and sending the applicable on-line registration
form and upload all forms as requested during the registration process.
3.5 The moment SNV has received and approved the documents, SNV shall send the Performer an e-mail to confirm
the registration, a link and a password to access the Performer Account.
3.6 After approval the Performer will have access to the countersigned Performer Agreement on his Performer Account
and will be able to offer and sell Webcam Entertainment Services (Effective Date).
3.7 The Performer shall be under the obligation to supply current, correct, complete and truthful data in respect of himself.
The Performer shall furthermore be under the obligation to immediately inform SNV of any changes in said data (such as
Address, Banking Information, etc.).
3.8 There is no charge for registering as a Performer.
3.9 In the event of non-compliance with this article SNV shall be entitled to dissolve the Performer Agreement with
immediate effect or to suspend the Performer Agreement for an (in)definite period of time.
4.1 The Performer is responsible for all actions (including but not limited to safeguarding the secrecy) involving the
Performer’s Name and his password.
4.2 The Performer must observe all the appropriate security measures to protect his password. The Performer is not allowed
to reveal such password to Third Parties.
4.3 Neither is the Performer allowed to permit Third Parties to use the Performer’s Name and his password either directly
or indirectly.
4.4 The password and Performer’s Name given to the Performer is for that person ONLY.
4.5 The Performer indemnifies and holds SNV harmless from any loss of his password and/or Performer’s Name, including
but not limited to; actual, total, capital or consequential loss, for reason of the Performer not safeguarding the secrecy of the
password to their account. In this case, the Performer shall be liable for the costs incurred and the damage sustained by SNV.
SNV shall never be liable to the Performer for any damage resulting from loss, theft, publication or misuse of the password of
the Performer.
4.6 In the event there is any suspicion that the password and/or the Performer’s Name of the Performer are misused,
the Performer shall immediately notify SNV thereof.
5.1 SNV acts exclusively as a technical platform that enables the Performer to provide and sell Entertainment Webcam
Services anonymously and enables the User to purchase Entertainment Webcam Services anonymously.
5.2 SNV does not check, monitor or validate the Entertainment Webcam Services provided and sold by the Performer and
SNV is in no way involved in the Entertainment Webcam Services provided and sold by the Performer.
5.3 SNV has no control over the quality, safety or legality of the Entertainment Webcam Services offered and sold by the
Performer, the Performer’s competence to offer and sell the Entertainment Webcam Services and the User’s competence
to purchase the Entertainment Webcam Services.
5.4 SNV does not guarantee the Performer that the User will pay for the Entertainment Webcam Services purchased by the
User from the Performer.
5.5 The provision and sale of the Entertainment Webcam Services by the Performer to the Users and the purchase of the
Entertainment Webcam Services by the Users only constitute an agreement between the Performer and the Users. SNV is not
a party to this sale. The Performer has to comply with the VAT legislation in his country of residence in respect of the sale of
the Entertainment Webcam Services to the Users.
5.6 The Performer agrees and acknowledges that SNV is not a party to and is not responsible for any dispute between the
User and the Performer.
6. No representation
6.1 SNV on the one hand and the Performer on the other are independent parties; each party acts only in its own name and on
its own behalf.
6.2 It is not the purpose of this Agreement to establish an agency, mandate ship, partnership, joint venture or any other form of
collaboration, an employer/employee relationship or a franchisor/franchisee relationship. The Agreement consequently does
not create any of the above.
7.1 The Performer is offering and selling the Entertainment Webcam Services to its customers which also means that the
Performer has to comply with the applicable VAT rules in this respect as following from the decision of the European Court
of Justice (ECLI:EU:C:2019:388).
7.2 SNV does not determine the price of the offered Entertainment Webcam Services.
7.3 Only a registered Performer can offer and sell his Entertainment Webcam Services on the Platform.
7.4 The Performer is responsible for the choice of classification under which the Entertainment Webcam Services are offered.
7.5 Actions and transactions are not approved and/or validated by SNV NV. The Performer is personally responsible for
the legality of his/her actions and offered Entertainment Webcam Services.
7.6 You are supplying the Entertainment Webcam Services to the Users, who are your customers. If you and the User are
based in the EU, article 54 of the EU VAT Directive 2006/112 is applicable. SNV NV is only a Platform and supplies you
General Platform Services. If you are based in the EU article 44 and article 196 of the EU VAT Directive 2006/112 are
applicable.
7.7 By selling your Entertainment Webcam Services via the Platform you are considered to be an entrepreneur. Depending
on the applicable rules of your country of residence, you may or may not be obliged to charge VAT over your Entertainment
Webcam Services rendered to the Users. We advise you to consult your local accountant to inform yourself about your
particular VAT status in this respect. If your Entertainment Webcam Services are subject to VAT, you are personally
responsible for your VAT declarations in this respect.
9. Guarantees
9.1 Each party declares and guarantees that he/she/it is legally competent and authorised to sign this Agreement.
9.2 The Performer guarantees SNV that he/she is at least 18. If the legislation in the country of the Performer differs from
this rule the Performer must be at least 21. For this purpose the Performer will supply a copy of a valid ID.
9.3 The Performer guarantees SNV that:
all the laws, regulations and bylaws that apply to the provision and sale of /his/her Entertainment Webcam Services;
all the laws, regulations and bylaws related to the Performer’s use of the General Platform Services;
(the rules resulting from) the General Platform Services Agreement.;
the national legislation of the country in which the Performer is
located.
the Performer will pay all taxes, levies and commissions which will be due for the Performer in respect of the use of the
Payment Services and/or the SNV Platform and/or the use of the General Platform Services and/or the provision of the
Entertainment Webcam Services to the User.
9.4 The Performer indemnifies and/or shall be liable for any damage sustained by SNV as a result of non-compliance with the
stipulations of section 9.3 of the present article. The Performer cannot exculpate itself towards SNV by stating that the
damage arose as a result of a violation by the Performer. The Performer shall be liable for its or its Performer's actions at all
times.
9.5 SNV guarantees the Performer that the General Platform Services will be provided with reasonable care
and professionalism.
9.6 SNV does not guarantee that the General Platform Services will meet all of the Performer’s requirements and will
function uninterruptedly, be virus-free, safe or error-free.
10.1 Declarations, notifications and other announcements from SNV to the Performer can be made by post, email,
via publications on the SNV Platform or by any other reasonable method.
10.2 The Performer agrees that SNV can send the Performer electronic messages that relate to the Performer’s use of
the General Platform Service or any other matter.
13.1 Without prejudice to any other legal remedy, SNV can suspend or terminate the Performer's Account if actions on the
part of the Performer cause SNV to reasonably suspect or give the impression that there is any form of involvement or
association with fraudulent activities (fraud, money laundering and terrorism financing) on the SNV technical platform.
13.2 If the Performer commit(s) fraud or deliberately or as a result of gross negligence fails to comply with the stipulations of
the Performer Agreement with respect to the Performer's Account, the Performer is liable for all loss suffered in relation to the
unlawful transactions.
13.3. The Performer acknowledges that SNV may block the use of the Performer of the Platform when SNV reasonably
suspects a case of fraud, prohibited transactions or money laundering, the violation of this Agreement or a violation of the
law. When SNV blocks the use of the Platform, the Performer is informed unless SNV is legally prevented from doing so.
13.4. In the event of suspected fraud, prohibited transactions or money laundering, or not complying with this Agreement,
SNV may as a result declare the transaction to the relevant authorities without informing the Performer.
14.1 SNV has the right to send the Performer an immediate warning, suspend or terminate the Performer and/or
Performer's Account temporarily or indefinitely and refuse to provide services to the Performer if:
a. the Performer and/or the Performer violate(s) this Agreement or the documents that form an integral part of this Agreement.
b. it proves impossible for SNV to verify the correctness of the information provided by the Performer.
c. SNV NV suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with
fraudulent activities fraudulent activities, prohibited transactions or money laundering, the violation of this Agreement or a
violation of the law;
d. SNV feels that by his/her actions the Performer will or may cause damage to SNV.
15.1 SNV can never be held liable for any direct or indirect damage or (consequential) loss, including but not limited to: any
loss or falsification of data; loss of profits (suffered directly or indirectly);loss of turnover; loss of goodwill or reputation; loss
of opportunity; or for indirect, incidental, additional or any other damage, irrespective of whether the loss or damage is
attributable to any change SNV has made to the SNV Platform or the SNV Payment Service, or due to a permanent or
temporary interruption in the SNV Platform or SNV Payment Service, and irrespective of any negligence or other cause.
15.2 SNV's liability to the Performer – irrespective of the circumstances – is in any case limited to the total of the amounts
the Performer has received from SNV in the 3 months preceding the legal action that gives rise to the liability, with a
maximum of
€100.
16. Indemnity
16.1 The Performer will compensate SNV NV and protect SNV NV against any entitlement or claim whatsoever including
reasonable solicitors’ fees on the part of a third party and that is attributable to or arises from a violation of this Agreement
or the documents that form part of the Agreement for reference purposes, a violation of any law or regulation whatsoever or
the infringement of the rights of a third party by the Performer.
16.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the Platform,
the Performer indemnifies SNV NV against any claims, liability, damage, loss, costs and fees, including legal fees,
known or unknown, that are associated with such an entitlement, claim or dispute.
18.1 The Agreement will remain in place until such time as it is cancelled by the Performer or by SNV, as outlined below.
18.2 If the Performer wishes to terminate this Agreement with SNV the Performer can do so at any time and free of charge
by closing the Performer’s Account.
18.3 SNV can terminate the Agreement with the Performer at any time without prior notice if:
a. the Performer has violated an essential stipulation of the Agreement or has made it clear by his/her actions that he/she
does not intend to comply or is not capable of complying with the essential stipulations of the Agreement; or
b. SNV is legally obliged to do so.
18.4 The termination of this Agreement does not affect the legal rights, obligations and responsibilities the Performer and
SNV have used, that have applied to the relationship between the Performer and SNV, or that arose in the period that the
Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
18.5 Upon termination of this Agreement or any other termination of the use of the General Platform Service by the
Performer the Performer remains responsible for all cancellations and recovery costs.
19.1 Netherlands Antilles law applies to this Agreement. Any disputes that arise or may arise between the Performer and
SNV as a result of this Agreement or subsequent agreements or other actions in relation to this Agreement will be settled by
the competent courts in Curacao.
19.2 This Agreement is drawn up in the English language. In the event of a conflict between the English version of
this Agreement and a version in another language, the English version will prevail.
20. Other
20.1 The General Platform Services referred to in this Agreement are supplied by SNV or by an Affiliate under a contract
in this respect with AC Webconnecting N.V..
20.2 The Performer agrees that SNV can freely and by operation of law transfer the rights and obligations arising from this
Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or
other restructuring.
20.3 The titles of the various sections of this Agreement are indicative only and do not necessarily give an exact indication
of the content of the articles to which they refer.
20.4 If SNV fails to act in respect of a violation of this Agreement by the Performer or by others SNV does not
automatically waive the right to act in respect of later or similar violations.
20.5 If SNV does not exercise or enforce a legal right or legal remedy referred to in this Agreement (or to which SNV is
entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of SNV. Neither can it be
considered a waiver of the right to act in respect of later or similar violations. SNV can and may always use its rights or legal
remedies.
20.6 The provisions in the following articles: ‘10. Announcements and notification’, ‘12. Information and actions on the part
of the Performer’, ‘15. Limitation of liability SNV NV’, ‘16. Indemnity’, ‘19. Applicable law’ and ‘ 20. Other’ and any other
provision insofar as applicable continue to exist after the termination or expiry of this Agreement.
20.7 This Agreement, accompanied by the documents and Policy Rules included for reference purposes, constitutes the
entire agreement between the Performer and SNV.
23.1 Anyone at least 18 years-of-age (or the lawful age of majority where you reside, whichever is greater) shall be eligible
to register as a Model/Performer.
23.2 When registering, the Models/Performers shall have to produce proof of identity showing that they/he/she
(have)has reached the age of 18 and/or the lawful age of majority of their domicile.
23.3 The Registrant Model/Performer can only register by completing and sending this on-line registration form.
23.4 The moment SNV has received and approved the documents, SNV shall send the Model/Performer an e-mail to
confirm. Said contract shall then have to be completed online and to be accepted. SNV sends contracts by e-mail on request
only.
23.5 The moment the contract is received, SNV shall give the Model/Performer a user name and a password to allow him/her
to log on to the Web Site. The Model/Performer shall also be given a link to his/her account which he/she can use to log on.
From that moment onwards, the Model/Performer shall be entitled to offer his/her services via the Web Site.
23.6 The Registrant Model/Performer shall be under the obligation to supply current, correct, complete and truthful data.
The Performer shall furthermore be under the obligation to immediately inform SNVof any changes in said data (such as
Address, Banking Information, etc.).
23.7 In the event of non-compliance with article 23.6, SNV shall be entitled to dissolve the agreement with immediate effect or to suspend this agreeme
All payments for each Model/Performer registered on behalf of a Web Cam House “Studio” will be made by SNV , at the terms of this agreement, to th
Responsibility for disbursement of the Web Cam House “Studios'” payments to its Models/Performers from the monies disbursed to the Studio shall be
No claims can be made, nor honoured, to or by SNV for the Web Cam Studio's own non-payment of its Models/Performers, from monies received by it
Any claim that a Model/Performer registered to the Studio may have, by a right in law or statute, by the Studio's failure of execution under this agreeme
24.1 All payments for each Model/Performer registered on behalf of a Web Cam House “Studio” will be made by SNV , at the terms of this agreement
THUS AGREED UPON AND SIGNED IN DUPLICATE IN : TUMACO May 27, 2022 PERFORMER NAME: TENORIO CASTILLO K
SIGNATURE: KATHERIN BARNEY TENORIO CASTILLO (181.58.38.166@CO 2022-3-8 22:11 UTC)