Algemene bedrijfsvoorwaarden "Privatporno"
The company ComVTX B.V., Walsoordensestraat 72, 4588 KD Walsoorden, The Netherlands, (referred to here as "ComVTX") places an Internet platform at the disposal of persons (referred to here as "producers") in order for them to release erotic film and photo material (referred to here as "material") which is purchased for a fee by the users of the Internet site (referred to here as "consumers") |
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I. Contract
The producers transfer the material that is to be published to the ComVTX, and in doing so, they give the ComVTX usage and exploitation rights for an indefinite period. Furthermore, the material can be used without physical, spatial or temporal limitations in all forms of media by ComVTX and its third party partners for commercial and non-commercial purposes, as well as for public and non-public purposes as often as required, even in scene form. The producer agrees that the material can also be used in a form other than the original version, for example as part of a compilation or montage, or that the material can be electronically manipulated, re-coloured or transformed into black and white.
The contractual partner has at no given time the right for the material to be published through ComVTX. ComVTX releases the material at its own digression for use on the Internet portal www.homepornon.com. The contract agreement between the customer and ComVTX only comes into action once this has occurred.
Neither performers nor consumers have the right of access and usage in regards to the Internet platform, and furthermore, ComVTX does not guarantee the accessibility of the website.
Weder Produzent noch Konsument haben einen Anspruch auf Zugang und Nutzung der Internetplattform, insbesondere garantiert die ComVTX keine ständige Verfügbarkeit der Website. |
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II. Responsibilities
ComVTX solely provides a platform for use by the customers and implements the invoicing in regards to the consumers. The responsibility for all content and information that relates to the consumer use of the relevant online offer lies exclusively with the relevant producer. ComVTX is in no way responsible for the published content.
The producer ensures ComVTX that the material is compliant to Dutch laws and does not infringe upon the rights of any third party that could limit ComVTX in the planned use of the material, or that claims of compensation could be made against ComVTX due to aforementioned infringements. Furthermore, the producer ensures in the case of a violation of the contract responsibilities to pay a discretionary fixed contractual fine which will be verified by the appropriate jurisdiction in the incident of a clash of interests.
Any claims of compensation made against ComVTX from customers and producers are invalid, except in the case of wilful intent or gross negligence on the part of ComVTX. |
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III. Protection of privacy
ComVTX collects information about the Internet site user either through the details entered by the user, or through automatic data collection methods. ComVTX will not use, sell, lend or share the details other than described in this declaration. Essentially, all information gathered can be used for internal analysis, for sending user information, personalisation of the websites and the offers, personalised banner advertising and for passing on to third parties.
By agreeing to these regulations, the producer and/or consumer waivers receiving detailed information regarding the saving and usage of information and gives his or her general consent. If desired, the account held by the producer and/or consumer can be deleted at any time by ComVTX.
ComVTX continues to administer IP numbers to analyse trends, to administrate websites, to understand user movements and to gain demographic information about the entire user network. The IP addresses do not relate to personal information, although the IP address can be adapted to narrow down the user group and to ease traceability.
The websites can contain links to other websites and content. ComVTX is not responsible for directly or indirectly content offered on such websites, or for the eventual collection and usage of user details and usage data.
For the forwarding and accounting of the services of the producers in regards to the users, ComVTX collects and manages further information. This includes inventory data, usage date and accounting data.
ComVTX collects the following visitor data in regards to the account statement belonging to the respective producers: IP number, access data, the time and date, and information about the specific material.
ComVTX is permitted to call in subcontractors and other third parties at any time in regards to operating www.homepornon.com. ComVTX expressly makes it clear that the passing on of information in the course of a commissioned data processing can occur when calling in subcontractors and third parties, as long as data security is ensured.
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IV. Participation requirements
In order to use the platform, the participant must be at least 18 years of age. |
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V. Utilisation and billing
The material is placed on the Internet platform for the use of the consumer in exchange for a fee. The billing process between ComVTX and the consumer takes place using various payments and billing systems, for which respective terms and conditions are valid.
ComVTX recieves 75 percent of all net proceeds that are generated through the materials used. The money that is to be paid out to the producer(s) is calculated and paid out once per month. |
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VI. Final clauses and severability
The producer, respectively the consumer, can only offset requirements made by ComVTX with undisputed or legally-binding appeals.
These terms and conditions are available in German, English, French and Dutch language versions. The Dutch laws are exclusively valid, and the court of jurisdiction is Walsoorden, Netherlands.
In the case of one regulation of this contract being invalid, the validity of the remaining regulations remains intact. In place of the invalid regulation, a valid regulation is called into existence that is an appropriate consideration of the invalid regulation, and that it most likely conforms to the interests of all involved parties. |
