If you are a provider of (erotic webcam) services on this website and if you use the 'payment (billing), ICT hosting and marketing services' provided by
. (hereinafter: ACW) please consult this Performer's Agreement.
This Performer's Agreement describes the general terms & conditions that apply when you offer your services on an ACW Website or if you use the services provided by ACW, namely:
A. ICT Hosting Service and Marketing Service
B. ACW Payment Service (Billing)
This Agreement constitutes a legally valid contract determining the relationship between you, as the Performer, and ACW.
Before you can be classified as a Performer on the ACW Website you need to carefully read and accept all the conditions and stipulations of this Performer's Agreement, including the documents and policy rules that form part of the Agreement for reference purposes. If you are unable to agree with the Performer's Agreement or if you are unable to understand the language/wording, please leave this site.
1.1 This Agreement replaces all previous agreements between the Performer and ACW with respect to the ACW Websites and the available 'payment (billing), ICT Hosting and Marketing services' offered by ACW.
1.2 In the case of questions about this Agreement the Performer can consult the FAQ page (Frequently Asked Questions) or contact ACW via the contact form on the website.
1.3 ACW has the right to make changes to the Performer's Agreement. ACW will notify the Performer of such changes by means of placing the new, amended Performer's Agreement on the ACW website, by means of an e-mail to the registered Performer upon request, or by other means. Changes will take effect 14 days after being announced, or at another time if this is stipulated in the notification. If the Performer is unable to agree with the changes the Performer's Agreement will terminate.
2.1 ACW refers to
, registered with the Chamber of Commerce under number NL52306054, with its offices at WTC-Beursplein 37, 3001DA Rotterdam, and to the companies and Partners affiliated with
2.2 Performer's Agreement: these general terms & conditions that apply to the Performer.
2.3 Effective Date: the date on which the Performer accepts the User Agreement.
2.4 User: a person who purchases services from the Performer via an ACW Website and who may or may not use the ACW Payment Service (E-Wallet).
2.5 User Account: the User's personal registration on the ACW Website.
2.6 Performer: a natural person who offers services to a User on an ACW Website. Wherever the word 'Performer' is used this may also be read as 'you'.
2.7 Performer's Account: the Performer's personal registration on the ACW Website and/or the web page of the Performer on the ACW platform containing the information of the Performer and the Performer's Payment Account.
2.8 Your Information: all the information you, as a Performer, put on the ACW Website and/or on the Performer's Account, including registration details, pictures, videos, feedback and all other communications.
2.9 Performer's Profile: the full personal and physical description of the Performer.
2.10 Performer's Name: the name under which the Performer is registered on the ACW Website. Also the name that, in combination with the personal password, gives access to the Performer's Account.
2.11 ACW Website: a technical platform of ACW.
2.12 Hosting: making space available for the placing of information and services offered by the Performer on servers in a secure environment (data centre) in return for payment.
2.13 ICT, Hosting and Marketing: the services ACW provides for the Performer.
2.14 ISP: a technical IT platform enabling online publication and distribution of the information and services provided and offered by the Performer in the Performer's Account via its servers on the Internet.
2.15 Payment Instruction: the authorisation the User gives ACW to deduct the payment for the services purchased from the Performer from the virtual balance in the User's E-Wallet; this amount is automatically and instantly credited to the Payment Account in the Performer's Account.
2.16 E-Wallet: virtual balance registered by ACW upon receipt of funds from the User. The User's E-Wallet is stored in the ACW computer system. The E-Wallet is not an account but a virtual balance.
2.17 (Erotic) Webcam Service: a service offered by a Performer.
2.18 ACW Payment Service: crediting the Payment Account of the Performer, upon the deduction of a virtual balance held by the User (E-Wallet), for payment of services the Performer has provided to the User.
2.19 Billing Fees: the fees ACW charges for the ACW Payment Service.
2.20 Financing Transaction: the transaction in which the User deposits funds into his/her virtual balance (E-Wallet).
2.21 Login Details: the combination of username and password ACW provides to the Performer for accessing the personal Performer's Account.
2.22 Payment Account: the Performer's current account with ACW, to which ACW credits payments made by Users for the purchase of services provided by the Performer and to which ACW debits amounts owed to ACW as well as amounts paid to the Performer.
2.23 Transaction Fees: the costs associated with the Payment Transaction.
2.24 Payment Transaction: the transaction in which ACW transfers funds held in the Performer's Payment Account into a (personal) account of the Performer.
2.25 Payment Day: the 1st or 16th day of each calendar month. If this day falls on a Saturday, Sunday or public holiday in the Netherlands, the Payment Day will be the next working day.
2.26 Reservation Requirement: the amount that ACW reserves temporarily in accordance with the Performer's Agreement to cover possible payment cancellations by Users.
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.
3.2 The Performer cannot be a person whose account has been temporarily or permanently suspended.
4. Registration and agreement
4.1 In order to complete the registration the Performer will select a Performer's name and password.
4.2 The Performer is personally responsible for all actions involving the Performer's name and password. The Performer can only access the ACW Website with the personal Performer's name and password.
4.3 The Performer must observe all the appropriate security measures to protect the password. The Performer is not allowed to reveal the password to third parties.
4.4 Neither is the Performer allowed to permit third parties to use the Performer's name or password, either directly or indirectly.
4.5 The Performer's Agreement takes effect on the date the Performer registers and accepts the Performer's Agreement (Effective Date).
5. ACW is a platform only
5.1 ACW acts exclusively as a platform that enables the Performer to provide (webcam) services anonymously and enables the User to purchase (webcam) services anonymously.
5.2 ACW does not check or monitor the services provided by the Performer and ACW is in no way involved in the services provided by the Performer.
5.3 ACW acts exclusively as a host. ACW only hosts the content of the information and services provided and offered in the Performer's Account (Your Information) and the information put in the User Account by the User on a technical IT platform (ISP) for online publication and distribution via its servers on the Internet.
5.4 ACW has no control over the quality, safety or legality of the offered services, the Performer's competence to offer services and the User's competence to purchase services. ACW does not guarantee the Performer that the User will pay for the purchased service.
6. No representation
6.1 ACW 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 Performer's 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 Performer's Agreement consequently does not create any of the above.
7. Provision of services
7.1 Only a registered Performer can offer services on the ACW Website.
7.2 The Performer is responsible for the choice of classification under which the services are offered.
7.3 Actions and transactions are not approved and/or validated by ACW. The Performer is personally responsible for the legality of his/her actions and offered services.
7.4 The Performer determines the price of the offered services.
8.1.1 There is no charge for registering as a Performer.
8.1.2 With respect to providing paid services on the part of the Performer and the purchase of these services on the part of the User ACW will charge the Performer costs for the:
I. ICT, Hosting and Marketing
II. ACW Payment Service (Billing)
8.1.3 When transferring amounts from the Payment Account to the Performer's (personal) account ACW will charge Transaction Fees. The Performer must pay an amount of €6.80 for each transfer (Transaction Fees).
8.1.4 ACW is entitled to change the fees. Changes take effect 14 days after the change has been announced on the ACW Website, unless stipulated otherwise. If, in the 14 days after this change, the Performer notifies ACW that he/she does not accept the changes in question the Performer's Agreement and the right to use the ACW paid services will terminate immediately upon receipt of this notification.
8.2 ICT, Hosting, Marketing
8.2.1 Unless the parties have agreed otherwise, the Performer must pay ACW an amount of 35 percent of the total amount of the services the User has purchased from the Performer for the ICT, Hosting and Marketing provided by ACW.
8.3 ACW Payment Service (Billing)
8.3.1 The Performer must pay ACW an amount of 15 percent of the total amount of the services the User has purchased from the Performer for the ACW Payment Service.
9. ACW Payment Service
9.1 The Performer is obliged to provide complete, up-to-date and correct registration information and information about his/her (personal) account and to update this information on a regular basis to keep it current and correct.
9.2 The Performer agrees that:
a. the sale of the Performer's services constitutes a transaction between the Performer and the User; ACW is not a party to this sale.
b. ACW is not responsible for and has no influence on the completion or the payment for the service purchased by the User.
9.3 If a Financing Transaction is reversed for whatever reason (cancellation) ACW is entitled to recover the payment from the Performer by debiting the previously credited amount back from the Performer's Payment Account.
9.4 If the balance in the Performer's Payment Account is at least €100, ACW will transfer this balance to the (personal) account designated by the Performer on the Payment day chosen by the performer.
9.5 ACW has a Reservation Requirement of 5 percent of the amount of the 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.
9.6 ACW can suspend a Payment Transaction if ACW, at its own discretion, suspects that the Transaction:
is based on a factual error;
is fraudulent or is made using a fraudulent or invalid method of payment;
9.7 ACW will notify the Performer about the suspension of any Payment Transaction.
9.8 ACW is entitled to deduct all payment obligations that ACW may accrue under this Performer's Agreement from the Performer's Payment Account, in addition to all other rights and legal means available to ACW pursuant to this Performer's Agreement.
9.9 ACW 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.
10. Additional conditions ACW Payment Service
10.1 The Performer agrees that:
a. the Performer's Payment Account may not be a deposit account;
b. ACW is not required to pay the Performer interest on any balance in the Performer's Payment Account.
10.2 The Performer agrees and acknowledges that ACW is not a party to and is not responsible for any dispute between the User and the Performer.
10.3 Any dispute with respect to the ACW Payment Service must, in the first instance, be reported to the ACW online support team.
11.1 Each party declares and guarantees that he/she/it is legally competent and authorised to sign this Performer's Agreement.
11.2 The Performer guarantees ACW 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.
11.3 The Performer guarantees ACW that:
a. the Performer will comply with all the laws, regulations and bylaws that apply to the provision of his/her services or are otherwise related to the Performer's use of the ACW Payment Service;
b. 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;
c. the Performer is obliged to pay any taxes, levies and commissions arising from the use of the ACW services and/or the ACW Website.
11.4 Irrespective of whether the Performer is a natural person (private individual) or legal entity (company), VAT may apply to the services. If the Performer offers services on a regular basis these may be subject to the payment of other levies and social insurance charges. The Performer expressly acknowledges and agrees that VAT, other levies and charges may apply to the Performer's situation.
11.5 ACW guarantees the Performer that the ACW Payment Service will be provided with reasonable care and professionalism.
11.6 ACW does not guarantee that the ACW Payment Service will meet all of the Performer's requirements or that the ACW Payment Service will function uninterruptedly, be virus-free, safe or error-free.
12. Announcement and notification
12.1 This Performer's Agreement is drawn up in the Dutch language. In the event of a conflict between the Dutch version and a version in another language the Dutch version will prevail.
12.2 The Performer agrees that ACW can send the Performer electronic messages that relate to the Performer's use of the ACW Payment Service or any other matter.
13. Information and actions on the part of the Performer
13.1 The Performer is responsible for the Information the Performer places on the ACW Website. The Performer is obliged to comply with all the applicable national, European and international regulations relating to the activities and services offered on the ACW Website.
13.2 This information and any actions on the part of the Performer cannot:
a. be incorrect, inaccurate or misleading;
b. be insulting, threatening, damaging or defamatory;
c. infringe copyrights, privacy or other rights;
d. break the law or violate any other regulations;
e. breach public order and/or public morals;
f. be obscene or inappropriate or contain child pornography;
g. create liability for ACW or cause the (full or partial) loss of the services of our ISPs;
h. cause the ACW Website to suffer interruptions or damage, function less efficiently or be influenced in such a way that its effectiveness or functionality is in any way diminished.
13.3 ACW acts exclusively as a platform that enables the Performer to provide services anonymously and enables the User to purchase services anonymously. In view of this purpose it is not permitted to provide any personal information (including name, address, telephone number, e-mail address, social media accounts, etc.) to third parties or to attempt to obtain such information from third parties in any way.
13.4 The Performer cannot take any actions that (could) undermine the integrity of the feedback system.
13.5 The Performer gives ACW a non-exclusive, worldwide, uninterrupted, irrevocable, royalty-free and transferable (via several third parties) license to exercise the copyrights, trademarks, publicity and database rights with respect to the Information (always including pictures, videos and online images) the Performer has placed on known and as of yet unknown media, to the extent that this is necessary to provide our Marketing Service to the Performer.
14. Fraud or money laundering
14.1 Without prejudice to any other legal remedy, ACW can suspend or terminate a Performer's account if actions on the part of the Performer cause ACW to reasonably suspect or give the impression that there is any form of involvement or association with fraudulent activities on the ACW Website.
14.2 If the Performer commits fraud or deliberately or as a result of gross negligence fails to comply with the stipulations of the Performer's Agreement with respect to the Performer's Account, the Performer is liable for all loss suffered in relation to the unlawful transactions.
15. Violation of the Performer's Agreement
15.1 Without prejudice to any other means available to ACW, ACW has the right to send the Performer an immediate warning, suspend or terminate the Performer's Account temporarily or indefinitely and refuse to provide services to the Performer if:
a. the Performer violates the Performer's Agreement or the documents that form an integral part of the Performer's Agreement for reference purposes;
b. it proves impossible for ACW to verify the correctness of the information provided by the Performer; or
c. ACW suspects that the Performer is engaged in, will be engaged in or is in any way involved or associated with fraudulent activities on the ACW Website;
d. ACW feels that by his/her actions the Performer will or may cause damage to ACW.
16. Limitation of liability ACW
16.1 The services offered and purchased on the ACW Websites are not validated by ACW. The Performer is solely liable for the lawfulness of his/her actions. ACW accepts no liability whatsoever associated with a potential risk or deficiency of the services offered on the ACW Website that can affect physical or mental health.
16.2 ACW can never be held liable for any direct or indirect damage or (consequential) loss, including:
* 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 has made to the ACW Website or the ACW Payment Service, or due to a permanent or temporary interruption in the ACW Website or ACW Payment Service, and irrespective of any negligence or other cause.
16.3 ACW'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 in the 6 months preceding the legal action that gives rise to the liability, with a maximum of €150.
17.1 The Performer undertakes to compensate ACW and protect ACW 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 Performer's 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.
17.2 If the Performer has an entitlement or claim against or a dispute with a User as a result of the use of the ACW Website the Performer declares and guarantees his/her claim, the Performer has no claim against ACW and the Performer indemnifies ACW 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. Announcements and notification
18.1 Declarations, notifications and other announcements to the Performer can be made by post, e-mail, via publications on the ACW Website or by any other reasonable method.
18.2 All announcements intended for the Performer will be sent to the e-mail address the Performer provided to ACW upon Registration.
19. Policy rules
19.1 ACW reserves the right to formulate policy rules that have the objective of complementing the general terms & conditions and/or flesh out or reformulate the existing stipulations. Policy rules form an integral part of the Performer's Agreement.
19.2 ACW can change the policy from time to time. Important changes will be announced on the ACW website.
19.3 After notification the Performer can, in the 14 days after a change, notify ACW of the refusal to accept the changes in question. After this notification this Performer's Agreement and the right to use the ACW services will terminate immediately upon receipt of the notification.
19.4 The policy rules that form an integral part of this Performer's Agreement for reference purposes are:
20. Termination of relationship with ACW
20.1 The Performer's Agreement will remain in place until such time as it is cancelled by the Performer or by ACW, as outlined below.
20.2 If the Performer wishes to terminate this Performer's Agreement with ACW the Performer can do so at any time and free of charge by closing the Performer's Account.
20.3 ACW can terminate the Performer's Agreement with the Performer at any time without prior notice if:
a. the Performer has violated an essential stipulation of the Performer's 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 Performer's Agreement; or
b. ACW is legally obliged to do so.
20.4 The termination of this Performer's Agreement does not affect the legal rights, obligations and responsibilities the Performer and ACW have used, that have applied to the relationship between the Performer and ACW, or that arose in the period that the Performer's Agreement was in effect or for which it is stipulated that they remain valid for an indefinite period.
20.5 Upon termination of this Performer's Agreement or any other termination of the use of the ACW Payment Service by the Performer the Performer remains responsible for all cancellations and recovery costs.
21. Applicable law
21.1 Dutch law applies to this Performer's Agreement. This Performer's Agreement is governed by and interpreted in accordance with Dutch law. Any disputes that arise or may arise between the Performer and ACW as a result of this Performer's Agreement or subsequent agreements or other actions in relation to this Performer's Agreement will be settled by the court in Rotterdam (the Netherlands), unless compulsory rules on jurisdiction obstruct this selection.
21.2 In the event of a conflict between the Dutch version of this Performer's Agreement and a version in another language, the Dutch version will prevail.
22.1 The ICT, Hosting and Marketing as well as the ACW Payment Service (Billing) referred to in this Performer's Agreement are supplied by ACW.
22.2 The Performer agrees that ACW can freely and by operation of law transfer the rights and obligations arising from this Performer's Agreement and from all the documents that apply for reference purposes in the event of a merger, division, takeover or other restructuring.
22.3 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.
22.4 If ACW fails to act in respect of a violation of this Performer's Agreement by the Performer or by others ACW does not automatically waive the right to act in respect of later or similar violations.
22.5 If ACW does not exercise or enforce a legal right or legal remedy referred to in this Performer's Agreement (or to which ACW is entitled in accordance with the applicable law) this cannot be considered a waiver of the rights of ACW. Neither can it be considered a waiver of the right to act in respect of later or similar violations. ACW can and may always use its rights or legal remedies.
22.6 The provisions in the following articles: '13. Information and actions on the part of the Performer', '16. Limitation of liability ACW', '17. Indemnity', '18. Announcements and notification', '21. Applicable law' and '22. Other' continue to exist after the termination or expiry of this Performer's Agreement.
22.7 This Performer's Agreement, accompanied by the documents and policy rules included for reference purposes, constitutes the entire agreement between the Performer and ACW.