Our company's services are directed to adults over the age of eighteen(18). The Website has no intention of collecting any personally identifiable information (like name, address, telephone number or email address) from individuals under eighteen(18) years of age. Persons under the age of eighteen (18) should not submit information to the website. If a minor has provided us with personally-identifiable information, a parent or guardian of that minor should contact us at firstname.lastname@example.org immediately.
2) Personal information
Our site may require members to give us contact information, financial information and demographic information. We use contact information to send the user information needed to maintain their membership account, to contact them when necessary, and to notify them of news about our company. We also use customer contact information to send the user promotional material from some of our partners. Users may opt-out of receiving future mailings other than those required for account administration. The financial information collected is used to check the users' qualifications and to bill the user for services ordered. Demographic and profile data is also collected at our site. We may use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis only.
3) Non-Personal information
4) Sharing of information
5) 3rd party companies
This website contains links to other sites. Please note that the website is not responsible for the privacy practices or the content of other sites. In some cases, information may be collected about you that is not personally identifiable by third-party advertising companies and service providers ("3rd parties"). Examples of this type of information include the type of Internet browser you are using, the type of computer operating system you are using, and the domain name of the site from which you linked to our website. Internet advertising networks such as some of the 3rd parties used on this site are currently the focus of regulatory and legislative scrutiny concerning the breadth and ultimate use of information collected from sites like the website.
6) Monitoring of communication
Our website provides users the opportunity to opt-out of receiving communications from us other than email required for account maintenance. If you have established a membership you may change their option for receiving news and/or promotions in the following ways:
1. Clicking a "opt-out"-link in the email received
2. Emailing customer service at email@example.com - please include the email address used when signing up
Users may also follow this procedure for modifying information previously provided to the website
9) Contacting us for further information
If you've any further questions and need any further information feel free to contact us at our email address firstname.lastname@example.org
This site provides access to video and photos immediately after the payment is processed. Due to the nature of downloads, we uphold a no refund policy. The customer is responsible for ensuring their order is correct before purchasing the media content. Please report any errors during the payment or access to email@example.com. We'll try to solve each problem as soon as possible. Fraudulent and/or abusive behaviors as well as disputing the transaction with the issuing bank will result in immediate disqualification from future sales. We take fraud very seriously and will actively report cases of fraud to the authorities for prosecution. Any media or membership purchased from this site cannot be swapped or traded. Exchanges will only be given if access to the purchased content is faulty or damaged upon receipt.
1. Contract partners, contractual object
The contract partners are the final customer, hereafter called USER and Red & Juicy vof (Viergrenzenweg 36, 6291BN Vaals, The Netherlands), hereafter called PROVIDER and furthermore all store owners, hereafter called STUDIOS and affiliate webmasters, hereafter called AFFILIATES.
The PROVIDER offers internet content, which will be charge by way of various payment possibilities.
USERS are all users of non-free Internet content of the PROVIDER. The USER gains access to non-free online offerings with the help of the payment systems or through the payment pages of the PROVIDER.
The subject of the contract between USER and PROVIDER is the handling of a payment transaction in the Internet, which, after successful payment, authorizes the USER to call up non-free Internet content.
2. Performance relationships
Regarding the use of the specific Internet offerings, a contractual relationship arises between the PROVIDER and the USER.
3. Conduct of the payment process
The PROVIDER currently makes available to the USER the following methods for handling payment transactions for the use of non-free online offers:
- Credit card
- Bank collection / direct debit (Germany and Austria)
- Instant wire transfer ( sofortueberweisung.de )
The parties agree that not all payment methods may be available for a non-free Internet offer. From the payment methods offered, the USER selects the method that he or she wishes to use for settlement of the Internet offer charged through the PROVIDER. Payment is made through an encrypted connection (SSL encryption).
The parties agree further that the payment obligation also includes the payments arising as a result of third parties using the connection (PC/telephone), provided that an obligation to represent exists.
The USER can cancel the payment process at any time before the payment form is finally sent. Until then, the USER can correct input errors.
The payments made within the framework of this Internet appearance are legally binding. The contract between the USER and the PROVIDER is created when the payment form is sent.
After successful payment, the USER is switched on for the offer desired. The USER can now use the offer for the targeted time period.
If software must be installed for the payment, The PROVIDER provides to the USER a simple cost-free right of use, which is limited to the duration of the respective use, not transferable, not exclusive and cannot be sublicensed. This right of use entitles the USER to install the software on a single computer, and to use it there for the contractually intended purpose. The USER promises to keep the software secured so that unauthorized access and, in particular, unauthorized copying are prevented.
Registration with false documents, false payment data, under a false name, or under invalid or false e-mail addresses will result in immediate termination of the agreement by the PROVIDER. In such case, the PROVIDER is entitled to demand from the USER compensation for the costs arising up to cancellation. If the event is a criminal law matter, the PROVIDER will press charges.
Settlement is made in accordance with the displayed amount and the payment interval chosen by the USER. Collection is made as shown in the payment form through one-time or periodic bookings. The USER thereby authorizes the PROVIDER to charge his or her bank account, credit card or telephone bill for the agreed amounts until the service is duly cancelled and do this without exception.
Cancellation can be made at any time without specification of reasons. Notification must be received at the PROVIDER before expiration of the applicable posting period. This occurs through electronic e-mail . or by activation of the cancellation links provided. Cancellation is considered to have occurred and been accepted only if the USER subsequently receives a confirmation e-mail from the PROVIDER.
4. Defects in the Internet offer, payments not collected
If the desired offer has defects (e.g. all or part of the offer is not reachable) or the required access data cannot be provided due to a technical defect, the USER's rights are initially limited to repairs. The USER shall inform the PROVIDER about these defects without delay per e-mail .
If the PROVIDER is unable to collect the payment for reasons within the USER's responsibility, or if the USER wrongfully cancels the payment, the USER has defaulted on payment, without the need for a separate demand for payment. In these cases, fees (Expenditure allowance: currently € 7.67 for bank collection, € 40.00 for credit card, € 15.00 for T-Pay Telekom-Rechnung) are charged and access to the Internet offer is blocked.
5. Right of revocation
The USER hereby confirms that he or she has been informed that his or her right of revocation expires early after payment form is sent (payment is made) since the PROVIDER, with the express agreement of the USER, begins performance of the service before the end of the revocation period and the USER himself or herself has set this in motion.
These General Terms and Conditions of Business can be printed out at any time using the "Print" button.
7. Privacy - Data gathering and storage
Instruction about the collection of person-related data
By submitting the personal information entered by the USER in the Internet form, the USER declares his or her authorization to process the data in databanks for the purpose of mediating the offer or services or carrying out the order.
The USER has the right at all times to inquire at no cost and without delay about the data collected on his or her person and the logical structure of the data collection.
The user has the right at any time to revoke, effective for the future, his or her agreement to the use of his or her personal data specified in the provider forms.
The PROVIDER will collect, process and store the data required for performing and billing for services. These data are content data, usage data, and billing data, provider and/or access data, and cookies.
Further, the USER authorizes the PROVIDER, until revocation, to provide notification of possible changes by e-mail.
8. Participation requirements for USER
The online offers also include what is called “adult content”. Calling up of these services is only permitted to USERS who are at least 18 years old and considered adults under the laws of the country to whose personal statute they are subject .
The USER assures that he or she is over 18 years old and an adult under the laws of his or her country, and has full legal capacity to qualifiedly and competently enter into this agreement in all points. The USER further promises to not intentionally permit minors access to the services and is himself or herself liable for keeping the access data he or she receives secret from non-adult family members, friends or acquaintances. On request, the USER will prove his or her adult status to the PROVIDER by submitting a copy of his or her passport or identity card as well as a copy of the account or credit card used to log on.
The access data received must absolutely be protected from the attention of third parties, particularly of minors. The USER bears responsibility for every use of offers that takes place using his or her access data. The acquired service must not be shared with or transferred to other persons. The USER must inform the PROVIDER without delay of changes in the date of validity of the credit card, bank account information, billing or home address as well as apparent breaches of security (e.g. loss, theft, or unauthorized use of access data). The USER is responsible for every unauthorized use of the service until the PROVIDER has been notified by e-mail or telephone of the breach of security.
9. Liability of PROVIDER
The PROVIDER accepts no responsibility for the transferred contents, data and files of the individual online offers.
The PROVIDER is not liable for damages to the USER, including damages from data loss, resulting from downloading of contents or software from the Internet or due to other transactions in connection with the payment systems or software of the PROVIDER.
The PROVIDER rejects and excludes liability for damages caused by simple negligence not pertaining to breach of any material contractual duties, harm to life, body or health, or guarantees, or claims under the Product Liability Act. The same applies to violation of duties of the assistants of the PROVIDER.
We close our liability for slightly negligent breaches of duty, as long as they do not relate to contractual obligations, risk life, health or personality and not relate to claims under the Product Liability Law. Same applies to our vicarious agents.
In the case of simple negligence in violating a material principal contractual duty, the liability of the PROVIDER is limited to the amount of typically foreseeable damages, but not more than the desired cost contribution. Claims for compensation of economic loss are excluded from the outset.
10. General conditions between the PROVIDER and the STUDIOS
10.1 Video and photo rights
The STUDIOS give the right to sell the STUDIO'S video and photo content to 3. parties to the PROVIDER. The PROVIDER pays the STUDIO a share of 60% (for Studios in the Netherlands with VAT ID) of all sales, if the sale was referred by an AFFILIATE the PROVIDER pays the STUDIO a share of 40% (for Studios in the Netherlands with VAT ID). The payouts for Studios in the Netherlands with VAT ID the payouts are gross (including Value Tax). If the STUDIO resides outside of the Netherlands or is a company without VAT ID in the Netherlands the payout is net 49,59% and net 33,05% for sales referred by affiliates.
The STUDIOS give the rights to use the uploaded preview content or generated preview content to advertise the video and photo content on other websites than YezzClips.com to the PROVIDER. Also the PROVIDER is allowed to give the preview content to AFFILIATES to promote the video and photo content. All websites are allowed to participate the affiliate program, including websites of the PROVIDER and the STUDIOS. This approval stays in effect even after the deletion of your own access and / or cancellation or termination of the agreement.
10.2 Payout of the studio share
The STUDIOS provide their payment information (bank account, cheque adress, etc.) to the PROVIDER. The STUDIOS set a minimum payout value for their store(s). All payouts are calculated at the 1st of each month, the payment will be send out on the 15th of a month at the latest. The PROVIDER pays the sum of all sale-shares to the STUDIO when the account balance reaches the payout minimum at the 1st of each month. If the payout minimum is not reached at the 1st of a month the sum will be payed out as soon as the payout minimum is reached.
For all STUDIOS Invoices/Payout Notices are created automatically. The payout fee for a wire transfer SEPA is 10,00 Euro, for Paxum 10,00 Euro, for international wire transfers 20,00 Euro and for cheques 30,00 Euro. For international wires and Cheques (outside SEPA) the bank fees are splitted between the PROVIDER and the STUDIOS.
10.3 Creditcard Fraud
The PROVIDER checks all orders for fraud risks. If there's a probable cause he may stop the order from processing and refund the money to the creditcard holder within 3 days after the initial order. If the PROVIDER refunds the order value within 3 days the STUDIO will get no payout for this order. If a chargeback or refund occurs more than 3 days after the order the STUDIO will yet receive the payout.
10.4 Copyright infringing
If the STUDIOS upload video and photo content without having the proper rights to sell this content the PROVIDER will terminate the STUDIOS account immediately, remove the copyrighted content and all funds will be restrained. Furthermore a notice to the original copyright owners and/or the responsible prosecution department may be sent by the PROVIDER.
10.5 Clip variations
The STUDIO can add multiple clips featuring the same content but different resolutions and/or video codecs (e.g. 1280x720 WMV + 640x360 MOV), but a maximum number of 2 clips featuring the same content. If the STUDIO uploads assortments of multiple clips, the assortment counts 1 for each clip in the assortment and effects the limitation (e.g. 1 clips and this clip in 1 assortment = limit reached). The PROVIDER reserves its right to deactivate clips without further notification if the limitation is breached.
11.General conditions between the PROVIDER and the AFFILIATES
11.1 Video/Photo/Advertisement right
The AFFILIATES are allowed to promote the website using all content listet in the "Promo Tools" section of the administration and are further allowed to use the preview content of the site to promote.
11.2 Affiliate's sales share
When a customer referred by the AFFILIATE buys at Yoogirls.com the AFFILIATE gets 20% of the order's gross value added to his account balance. The email adress of the customer is assigned to the customer and the AFFILIATE will be credited for all future sales. The revshare is calculated on a gross basis - no processing fees, etc. are subtracted for Affiliates outside the European Union and Affiliates inside the European Union without VAT-ID. All affiliates within the Netherlands that provide a VAT-ID get the revshare payouts including VAT. All affiliates outside the Netherlands, but inside the European Union, due to reverse-charge regulations. All Affiliates with VAT-ID outside the Netherlands and inside the European Union receive a payout exclusive VAT.
11.3 Advertising sites
All websites are allowed to promote Yoogirls.com as long as they don't have illegal content on the website or infringe copyrights in any way.
11.4 Payout of the affiliates share
The AFFILIATES provide their payment information (bank account, cheque adress, etc.) to the PROVIDER. The AFFILIATES set a minimum payout value for their account. All payouts are calculated at the 1st of each month, the payment will be send out on the 15th of a month at the latest. The PROVIDER pays the sum of all sale-shares to the AFFILIATES when the account balance reaches the payout minimum at the 1st of each month.
For international wires (outside SEPA) the bank fees are splitted between the PROVIDER and the AFFILIATES.
11.5 Fraudulent activities
If the AFFILIATE uses fraudulent techniques such as cookie stuffing, advertising in missleading way (e.g. "Sign up for 1 Euro and download all videos on the site"), using copyright protected content without proper usage right to advertise or any other techniques considered illegal and/or missleading his account can be terminated and all funds will be restrained.
The PROVIDER reserves the right to change these General Terms and Conditions of Business in the future.
13. Separability clause
If a stipulation of this contract is or becomes wholly or partially ineffective or infeasible, the parties promise to replace the ineffective or infeasible stipulation with other effective or feasible stipulations that, in their economic effect, come so close to the ineffective or infeasible stipulation that it can reasonably be assumed that the parties would also have signed the contract with this stipulation.
The ineffectiveness of individual stipulations does not affect the remaining stipulations or the effectiveness of the entire contract.
14. Applicable law, jurisdiction
This agreement and all obligations resulting from it are subject to the substantive and procedural law of the PROVIDERS COUNTRY.
Exclusive jurisdiction for all actions arising from or in connection with this contract is – if legally permissible – the headquarter of the PROVIDER.