Terms and Conditions
§ 1 General considerations
IsLive.com BV set up a webcam platform (hereinafter the"webcam platform").The platform can be used by interested parties to present themselves to and to chat/communicate with potential visitors (hereinafter the"visitors").
§ 1.1 User Facilities
The webcam platform may be used by all persons over 18. To gain access to the webcam platform the User is required to submit evidence of his/her adulthood by adding a copy of his/her valid identity document to this User Agreement.
If the User allows third parties to use the webcam via his or her account, the User must see to it that evidence of the adulthood of these third parties has also been provided by submitting a copy of his or her valid identity document to IsLive.com BV.
The User must include his/her personal details in this User Agreement correctly and fully. In addition, the User must inform IsLive.com BV in writing or by email of changes in any of these details. IsLive.com BV shall comply with the laws and regulations in the Netherlands concerning the registration of persons and privacy.
The User may offer visitors photograph, video and audio presentations and chat sessions/communications via the webcam platform.
In view of the geographic location of the registered office of IsLive.com BV this User Agreement was drawn up in the Dutch language. A translation in the English, Spanish or German language is available to users on request.
In the event of a difference or a conflict between the Dutch text and the English translation or a difference in interpretation, the User Agreement in the Dutch language will prevail.
§ 2 Operation of the Webcam Platform
IsLive.com BV undertakes to manage the webcam platform and to provide the technical means that enable users to offer photograph/video/audio presentations and to chat/communicate with visitors.
§ 2.1 Technical Standards
IsLive.com BV is free to choose an Internet Service Provider (ISP) and to decide on the graphic design and structure of the webcam platform.
IsLive.com BV cannot influence the quality and/or availability of the Internet and underlying telecommunication networks, nor the technical facilities of third parties. Therefore, IsLive.com BV cannot be held liable for any problems relating to such services or facilities.
§ 2.2 Data Collection and Storage
The User may use the webcam platform to make video recordings or snapshots of a 'live' wecam session, which may be used by IsLive.com BV for promotional purposes.
IsLive.com BV is not authorised in any way to instruct the User concerning the contents of these recordings or snapshots.
§ 2.3 Modifications
IsLive.com BV is free to modify or redesign the webcam platform or to remove certain parts. This also applies to promotional material, advertising banners and such that serve to promote the webcam platform.
§ 3 External Parties and Third Parties
The webcam platform facilitates the establishment of direct and paid contact between the User and visitors. IsLive.com BV may engage third parties for offering users payment facilities and administrative solutions. The User has no say in the type of partnership concluded between IsLive.com BV and third parties. IsLive.com BV may use the services of third parties to promote the webcam platform. To that end a platform similar to the webcam platform can be set up for these third parties, provided that another domain name is used than IsLive.
The User has no say in the type of partnership concluded between IsLive.com BV and third parties.
§ 4 Responsibility of the User
The User has full freedom of choice concerning the participation in and publication of his or her photograph/video/audio presentations and communication with visitors. The User is free to determine the time, duration and contents of the presentation. IsLive.com BV is not authorised to give instructions; the User acts independently. The User may at all times refuse visitors or cut off the connection with visitors.
The User is obliged by operation of law to comply with the legal and social standards and values applicable in the country of residence.
This means that the User may not:
- offer illegal pornography via the webcam platform, such as sexual activities with minors or animals, presentations that glamourise violence or incite visitors to undertake such activities;
- interrupt servers or networks related to the webcam platform;
- copy, duplicate, imitate, sell or resell the webcam platform or parts thereof without the written permission of IsLive.com BV;
- forward data via the webcam platform that contain viruses, worms or malware or that damage or destroy electronic systems or data of IsLive.com BV,visitors and/or other users.
The User hereby indemnifies IsLive.com BV against third party complaints concerning illegal presentations or unlawful actions of the User. Users who act contrary to the above can be excluded by IsLive.com BV from further participation in the webcam platform.
§ 5 Payment of Proceeds to the User
The User grants IsLive.com BV permission to receive the proceeds generated via the webcam platform in the name of and on the account of IsLive.com BV.
IsLive.com BV will offer the User the possibility to view the proceeds online on a web page by means of a user name and password made available to the User after registration.
The User should treat this user name and password with strict confidence and should in no event disclose this information to others.
In addition, IsLive.com BV will inform the User monthly of the proceeds in the past calendar month (by providing an overview). This overview will contain the relevant payment details.
IsLive.com BV will pay these proceeds, minus the user fee, after having received the charges of the payment system operators engaged. Payment to the User is made by transfer to a bank account number specified in this User Agreement. Payments to the User will be free from administrative charges.
The User authorises IsLive.com BV to deduct a user fee for the services rendered.
§ 6 Liability of IsLive.com BV
The use of the webcam platform provided by IsLive.com BV and any resulting consequences will be at the User’s own risk. IsLive.com BV is not responsible for any damage or loss of data resulting from the use of software delivered. IsLive.com BV is also not liable for the behaviour of the User and visitors.
IsLive.com BV cannot be held liable for damage or loss of income, if the webcam platform fails to operate (correctly) due to force majeure. Force majeure includes non-attributable failures on the part of suppliers of IsLive.com BV, such as power failure or planned non-availability of equipment for reasons of maintenance.
§ 7 Term and Termination of the User Agreement
This User Agreement was entered into for an indefinite period of time and can be terminated unilaterally by each party without stating reasons and without observing a notice period. Notice of termination can be given by letter or email.
IsLive.com BV reserves the right to terminate this User Agreement and to offer the User a new User Agreement (in whole or in part). IsLive.com BV will inform the User about this at least 4 weeks in advance.
§ 7.1 Sole agreement
This User Agreement is the only effective agreement concluded between IsLive.com BV and the User. Amendments to this User Agreement will only be binding on the parties if they have been agreed in writing.
§ 7.2 Applicable Law and Jurisdiction
Dutch law and case law applies to this User Agreement and its interpretation. Any disputes arising from this cooperation will be settled by the District Court of Haarlem. The Parties agree that the nullity or unenforceability of one or more provisions of this User Agreement does not bar the validity of the other provisions. Void or unenforceable provisions will be replaced by equivalent valid and enforceable provisions to be laid down in a new User Agreement.