Sirius Media B.V.: The private company Sirius Media B.V.; located at De Boelelaan 7 - 4e etage, 1083 HJ Amsterdam, www.siriusmediabv.nl, Tel. +31(0)207051300, registered in the Trade Register under file number 50227505, VAT identification number NL822629847B01, further to be considered as the operator, owner and manager, hereinafter also referred to as Sirius Media B.V..
Sirius Media B.V. has set up a webcam platform (hereinafter referred to as "webcam platform"). This platform can be used by people interested in presenting themselves to, and to chat / communicate with, potential visitors (hereinafter referred to as the "visitors").
The use of the webcam platform is permitted to any person older than 18 years. For admission to the webcam platform, the user is asked to provide proof of identity by attaching a copy of his or her valid proof of identity to this user agreement.
The User is not obliged to make personal use of his or her account. User may be replaced by a third party. If the User allows third parties to use the webcam platform under his or her account, the User must ensure that these third parties also provide proof of identity by supplying Sirius Media B.V. with a copy of his or her valid proof of identity. In addition, the User must then ensure that this third-party respect and adheres to these General User Conditions.
The User is expected to correctly and completely display the personal data in this user agreement. The User is also expected to inform Sirius Media B.V. in writing or by email of changes to each of these details. Sirius Media B.V. acts in accordance with Dutch legislation on personal registration and privacy.
The User can offer photo / video / audio presentations and chat conversations / communication to visitors by using the webcam platform.
Sirius Media B.V. has no authority whatsoever to instruct the User on the content that the User is performing or to give orders or instructions of any nature.
Given the geographical location of the registered office of Sirius Media B.V., this user agreement was drawn up in the Dutch language and translated to English. Users can request a translation in Spanish or German if they need.
In the event of a difference or contradiction between the Dutch and English text or a difference in the interpretation thereof, the User Agreement drawn up in the Dutch language will prevail.
Sirius Media B.V. is committed to managing the webcam platform and offering the technical possibilities to offer photo / video / audio presentations and / or to be able to conduct chat conversations / communication with visitors.
In order to offer the intended quality to visitors of the webcam platform, users must at least observe the following technical standards.
The camera with which the image material offered by the user is recorded has an image resolution of at least 1.3 megapixels and an image frequency of at least 25 frames per second.
An upload speed of at least 15 MB per second.
The PC / laptop used by the User has at least the following specifications:
Sirius Media B.V. reserves the right to deny or prevent access to users who do not at least meet the technical standards.
Sirius Media B.V. is free in the choice of internet service provider (ISP) and in graphic design and implementation of the webcam platform.
Sirius Media B.V. cannot influence the quality and / or availability of the internet and underlying telecommunication networks, nor the technical equipment of third parties. Therefore, Sirius Media B.V. cannot be held responsible for problems of this nature.
The User can use the webcam platform to make recordings or snapshots of a 'live' webcam session that can be used by Sirius Media B.V. for promotional purposes.
Sirius Media B.V. has no authority whatsoever to instruct the User on the content of these recordings or snapshots.
Sirius Media B.V. is free to change the webcam platform, to redesign it or to omit certain parts of it. This also applies to all promotional material, advertising banners, etc. that are used to promote the webcam platform.
The webcam platform makes it possible to establish a direct and paid contact between the User and Visitors. To be able to offer payment and administration solutions, Sirius Media B.V. may appeal to third parties. The User has no say if Sirius Media B.V. enters into a cooperation with third parties.
Sirius Media B.V. can make use of third parties for the promotion of the webcam platform. To make this possible, a platform similar to the webcam platform can be set up for third parties, but under a domain name other than IsLive. The User has no say in if / when Sirius Media B.V. enters into a cooperation with third parties.
The User is not permitted to share data from external parties and third parties via the webcam platform without the prior written consent of Sirius Media B.V..
It is the Users choice whether they participate and publish his or her photos / videos / audio presentations and communication with visitors. The user decides freely about the time, duration, and content of the presentation. Sirius Media B.V. is not authorized to give instructions, the User acts independently. The User always has the right to refuse visitors or to disconnect from a visitor.
The User is legally obliged to use the legal and social standards that apply in the country of residence.
The User is therefore prohibited from:
The User hereby declares to indemnify Sirius Media B.V. against complaints from third parties with regard to illegal presentations or unauthorized actions by the User. Users who act contrary to the aforementioned can be excluded by Sirius Media B.V. from further participation in the webcam platform.
The user gives Sirius Media B.V. permission to receive the revenues generated via the webcam platform in the name and on behalf of Sirius Media B.V.
Sirius Media B.V. will give the User the opportunity to consult the proceeds online on a web page with a login name and password that will be made known to the User after registration.
In addition, Sirius Media B.V. will inform the User monthly (by means of an overview) of the revenues in the previous calendar month. This overview will contain the relevant details for the payment.
Sirius Media B.V. will pay these revenues, minus the user fee, after receiving the fees from the engaged payment operators. The payment to the User is made by transfer to a bank account number specified in this user agreement. Payments to the User are free of administration costs.
All consequences and use of the webcam platform provided by Sirius Media B.V. are at the User's own risk.
Sirius Media B.V. is not responsible for damage or data loss caused by the use of supplied software.
Sirius Media B.V. cannot be held liable for damage or loss of revenue if the webcam platform does not function (properly) due to force majeure. Force majeure also includes non-attributable shortcomings of suppliers of Sirius Media B.V., such as power outages or planned non-availability of equipment for maintenance.
Sirius Media B.V. is not responsible for any incorrect information on its website. If there is information or data on the site that is incorrect, and the User knew or understood that the information was incorrect, Sirius Media B.V. can not be held liable for any consequences of that error.
This user agreement is valid for an indefinite period of time and can be unilaterally terminated by either of the parties, without giving a reason or cancellation period. The termination can be done by letter or email.
Sirius Media B.V. reserves the right to terminate this user agreement and to offer the User a (full or partial) new user agreement.
This user agreement is the only valid user agreement concluded between Sirius Media B.V. and the User. Adjustments to this user agreement are only valid with written approval.
This user agreement and its interpretation are based on Dutch law and case law. All disputes arising from this cooperation will be settled before the court in Haarlem.
The parties agree that the invalidity or unenforceability of one or more provisions of this user agreement does not affect the validity of the other provisions. Invalid or non-enforceable provisions will be replaced by equivalent user agreements that will be laid down in a new user agreement.