.: General terms and conditions :.
General
These General Terms and Conditions are applicable when visiting and using this
Website and are also applicable to the other services that we offer.
Please read these General Terms and Conditions carefully before visiting the Website
and creating an Account. If you are unable to accept one or more clauses in our
General Terms and Conditions or if you are troubled when reading these General
Terms and Conditions then please navigate away from this Website immediately.
Visiting this Website and logging into it implies that you fully and unreservedly accept
these General Terms and Conditions.
Article 1: Definitions
1.1 Shoshoro N.V. (hereinafter referred to as: Shoshoro N.V.):
private company with limited liability, with its registered office and
principal place of business at E-Commerce Park Vredenberg, Unit 23, Willemstad, Curaçao.
1.2 User: the person visiting this Website.
1.3 Website: a medium for presenting information via the Internet, specifically
the Website with the domain name ebonycams.co.uk.
1.4 Content: the content of the Website, such content consisting of, amongst
other things though not exclusively, films, photographs, texts and video images,
posted by and operated by third parties (or Performer) at their own
expense and risk.
1.5 Performer: a person offering services to the User via the Website.
1.6 Account: the User’s personal registration with Shoshoro N.V..
1.7 Virtual Credit Balance: the money that the User can use exclusively via
the Website to be able to procure the services of the Performer. The Virtual
Credit Balance can only be used for Shoshoro N.V. payments.
Article 2: General Terms and Conditions and Scope
2.1 These General Terms and Conditions are only applicable between Shoshoro N.V.
and the User.
2.2 These General Terms and Conditions prevail over applicable laws and convention
provisions, with the exception of mandatory law in the relevant laws
and/or conventions.
2.3 These General Terms and Conditions are applicable to using the Shoshoro N.V.
Website.
2.4 If any provision of these Terms and Conditions is null and void the other provisions
shall remain in full effect and the relevant provision shall otherwise
be converted into a provision that is valid and which reflects the intention of
the original provision as closely as possible.
Article 3: Website set up
This Website has been set up by Shoshoro N.V. to allow Performers to offer
their services to Users in return for payment. If the User uses the services of the
Performer then the User shall enter into a contract with the Performer. No contract
for the delivery of the Performer’s services shall be formed between Shoshoro N.V.
and the Users.
Article 4: Registration
4.1 At the time of registration the User must have reached the age of 18 or such
an age that that is considered to be adulthood in accordance with the legislation
of the country in which the User is located.
4.2 The User must complete the registration process in full. When registering,
the User must provide complete, up-to-date and truthful information in response
to the information requested.
4.3 In the event of changes to the information that has been provided, the User
must notify such changes to Shoshoro N.V. immediately.
4.4 If Shoshoro N.V. suspects or has actual knowledge of the fact that the
User has provided incorrect information or has not amended information in
the event of changes then Shoshoro N.V. has the right to prevent further
access to the Website by the User.
Article 5: Account
5.1 The Account is strictly for personal use and can not be transferred to third
parties.
5.3 The User indemnifies Shoshoro N.V. against all liability that could arise
on the basis of these Terms and Conditions.
Article 6: Password and User Name
6.1 The Password and User Name are strictly personal and may not therefore be
transferred to third parties.
6.2 The User is prohibited from making the Password and the User Name available
to third parties in order to allow them to log in without authorisation.
The User must exercise the greatest of care in respect of the Password so
that it is not lost or disclosed.
6.3 Shoshoro N.V. is not liable for the loss or the disclosure of the Password
which results in third parties gaining access to the User’s Account. In this
case the User is liable for damage suffered by Shoshoro N.V.. The costs
of unauthorised use of the Account shall also be charged to the original User.
6.4 If misuse is suspected then the User must notify Shoshoro N.V. of this
immediately.
6.5 Shoshoro N.V. can never be held liable on the basis of this Article.
Article 7: Use of the Website
7.1 The User’s computer must be installed in such a way that children are unable
to access the Website.
7.2 The User is not permitted to pass on personal information, such as name
and contact details, to the Performers or to other Users present on the Website.
7.3 The User is not permitted to adopt a false identity.
7.4 The User is prohibited from performing (sexual) acts that are contrary to the
law, that breach public order and/or breach the public morals of the country
in which the User is located at the time of using the Website.
7.5 The User is forbidden from treating the Performer unjustly, inciting the Performer
into prostitution, threatening the Performer, extorting and/or swearing
at the Performer or performing (other) acts that are in conflict with the
applicable law.
7.6 The User is forbidden from inciting the Performer to have sex with minors, to
have sex with animals, to commit S%26M, to perform water-sports (urolagnia),
self-mutilation and bondage and/or to incite the Performer to commit acts
that are contrary to any provision of the law in the country in which the User
is located at the time of using the Website.
7.7 The User is not permitted to forward webcam images to third parties using
any type of media. The webcam images are only intended for personal use
(not for groups of people).
Article 8: Technical computer requirements
To be able to use all parts of the Website properly the User must have an Internetcompatible
computer, a webcam, broadband Internet connection and the latest versions(
s) of the software that is required.
Article 9: Intellectual property
9.1 All intellectual property rights, as well as all similar rights vested in all services,
products and information offered on the Website are held exclusively
by Shoshoro N.V. and/or its legal representative(s).
9.2 Nothing from this Website may be duplicated without the written permission
of Shoshoro N.V..
9.3 Insofar as the User sends texts, images, audio recordings and/or software to
Shoshoro N.V. or leaves these on the Website then the User grants Shoshoro N.V.
a non-exclusive, worldwide and perpetual licence to the
aforementioned materials and the User indemnifies Shoshoro N.V.
and/or its legal representative(s) against third-party liability.
Article 10: Rates and fees
10.1 The User owes a set rate per minute for the services that the Performer delivers
for the User. These rates are shown on the profile page for the individual
Performer.
10.2 The User and the Performer can agree a fee for additional services.
10.3 It is only possible to procure the services of Performers insofar as this is allowed
by the Virtual Credit Balance of the Account. A Virtual Credit Balance
can be obtained by the User making payments in the manner specified on
the Website.
10.4 A credit balance that has been purchased is valid for 24 months.
The User shall never be refunded a Virtual Credit Balance that is not used.
Article 11: Payment
11.1 To pay the rates and fees referred to above the User must purchase a Virtual
Credit Balance for his or her Account via the ordering procedure on the Website
and in the manner specified by Shoshoro N.V..
11.2 The User is only able to make an Shoshoro N.V. payment using this Virtual
Credit Balance.
11.3 This Virtual Credit Balance can not be transferred to third parties or used in
any other way by, for example, procuring services or goods from other
parties.
11.4 A payment from the User to Shoshoro N.V. results in a discharge payment
in respect of that which the User owes to the Performer.
Article 12: Changes to the General Terms and Conditions
12.1 Shoshoro N.V. retains the right to amend/change these General Terms
and Conditions or to make them more comprehensive. The User shall be notified
of these and shall also be given the opportunity of terminating his or
her Account with Shoshoro N.V..
12.2 Shoshoro N.V. rejects every form of liability for any injurious consequences
that can arise from changes made to the content of the Website
or to the General Terms and Conditions.
Article 13: Liability
13.1 Shoshoro N.V. does its utmost to ensure that the Website is available
without interruption, is maintained and is amended where necessary in order
to maximise access, and to protect it using all reasonable resources.
13.2 The User can not hold Shoshoro N.V. liable for inconvenience caused by
work, problems, interventions, changes or restrictions to functionality or other
aspects that influence the availability of the Website or other services
provided by Shoshoro N.V., except in the case of a breach in performance
attributable to Shoshoro N.V.. Likewise, Shoshoro N.V. is not
liable for problems that can arise with the User’s computer system as a result
of viruses, Trojan horses, spyware and/or attempts by third parties to
gain access to the User’s computer system.
13.3 Shoshoro N.V. is not liable whatsoever for the services that the Performer
performs for the User. Consequently, the fee for the Performer’s service
that Shoshoro N.V. has received from the User can never be reclaimed
from Shoshoro N.V. and the User must therefore discuss this
directly with the Performer.
13.4 The User can not hold Shoshoro N.V. liable for material and immaterial
damage (psychological damage) which is suffered by the User and caused by
the Performer.
Article 14: Duration and termination of the Account
14.1 Your Account is created for an indefinite period until notice of termination.
14.2 In the event of breaching one of the provisions contained in these General
Terms and Conditions Shoshoro N.V. has the right to delete the User’s
Account and to prevent further access to the Website by the User. The Virtual
Credit Balance shall not be repaid by Shoshoro N.V..
Article 15: Applicable law and competent court
15.1 In the event of conflict between these General Terms and Conditions and the
English language version of these Terms and Conditions the Dutch language
version of these General Terms and Conditions shall prevail.
15.2 These General Terms and Conditions are subject to Dutch law.
15.3 Disputes arising under these General Terms and Conditions or from using
the Website shall be settled by the District Court in Rotterdam, with the exception
of rules of competency that demand a different judge or court to be
declared competent.
Contact
Shoshoro N.V.
E-Commerce Park Vredenberg
Unit 23
Willemstad
Curaçao