§ 1 Description of services
shopmaker.com offers sophisticated technology to build online shops, either based on subscriptions or
Subscripton based (Paysite): You will have your very own paysite and/ or download shop, where customers can buy
subscriptions in order to gain access to your videos, imagesets or other digital content. The digital content has
to be updated regularly by the merchant. Recurring subscriptions are supported by the system.
Pay-per-download: Our partner website clipspool.com operates a shopping system with pay-per-download
capabilities. At clipspool.com you can open a shop that offers videos, imagesets and other media in digital
format. These files are made available to adults for a fee. The shopping system component can be adapted to the
paysite/ download shop technology.
§ 2 Registration of merchant accounts
Anybody may register with shopmaker.com as a merchant free of charge. shopmaker.com reserves its right to reject
or revoke individual registrations, in particular if a merchant account is abused or the content presented
violates Dutch laws. If you are interested in setting up your very own paysite, please use the signup form on
www.shopmaker.com or contact our team.
Registration as a merchant is only possible with correct and valid address, contact and financial information.
After registration, shopmaker.com is going to ask for documents to verify the authenticity of your business.
All this information needs to be kept up to date by the merchant.
Each merchant will receive access to an administration interface in order to the paysite and the digital content
presented there. Access is based on an individually assigned username and password. The merchant must obligate
himself to keep access data stored confidentially. No passing on to third parties is allowed.
§ 3 Merchant account and responsibilities
The merchant may modifiy the look & feel of the shop to a certain extent. A limited list of HTML tags, but no
The merchant is ultimately responsible for the content presented in the shop.
shopmaker.com reserves its right to delist or modify content at any time, without cause or notice, especially if
it violates Dutch law.
In particular shopmaker.com does not allow the following content on its platform:
- animal sex
- child porn
- crushing of or violence towards animals
- nonconsensual sex
- snuff videos
Images need to be packaged into zip-files, one zip-file per image set sold. The zip file should only include the
images in jpg format, no other files.
Videos may be offered in different formats. Preferred video formats are mpg, wmv, avi, mp4, and mpeg.
Very large files (more than 3 gigabytes) may require special permission by shopmaker.com.
The merchants themselves determine the price and duration of any subscription or medium sold.
For a paysite the respective merchant is responsible to provide regular updates, for example weekly. The update
frequency is determined by the merchant in the administration interface and presented to the customer, when s/he
buys a subscription
The merchant may terminate his shop at any time. However, if there are still end customers with a paid
subscription, the shop including all current media will be kept open until the last subscription expires.
§4 License Agreement & Special Conditions
By using shopmaker.com technology, the merchant's submission of content and products is licensed to shopmaker.com.
shopmaker.com is allowed to use the submitted content and products for sale through its technology and platforms
(such as clipspool.com) on terms of commission. The merchant gets a commission per sale, depending on the chosen
model for payment processing (check out the shopmaker.com tour for details and further information). In general,
revenues for subscriptions sold are split 65% / 35% between merchant and shopmaker.com.
Based on the license agreement with shopmaker.com (under § 4 a.), all copyrights and rights of use related to the
content and products presented remain with the respective merchant.
Merchants bear responsibility for all tax related matters concerning their revenues within their individual
jurisdiction. Since January 1, 2015 with the advent of the European Union's MOSS regulation, shopmaker.com
offers any merchant the option to pay the relevant value added tax, paid by end customers residing in the EU,
on the merchant's behalf.
The merchant agrees that in no event will shopmaker.com be liable for any special, incidental or consequential
damages resulting from the operation of shopmaker.com.
In order to comply with 18 U.S.C. 2257 all merchants are required to obtain proof of age for every model they
portray in videos or images, and retain those records. shopmaker.com is not responsible for those records. Upon
request, the merchant is obliged to commit those records.
shopmaker.com is neither responsible nor to prosecute for an individual "Look and Feel" of the shop or copyright
infringement (either commited by the merchant or by the client as in cases of piracy, illegal filesharing or any
other abusive and criminal acts). However, shopmaker.com is ambitious and researching methods of preventing piracy
and illegal filesharing.
The merchant consents that chargebacks of any kind (and the cost involved) related to the shop will be offset
against the merchant's payout.
For providing an efficient client management, shopmaker.com is
authorized to delete and replace corrupt files/collections found by the system with digital content from the
merchant's available pool. However, shopmaker.com will always try to contact the merchant about the error before
for him/her to correct it on their own. In case of an emergency, shopmaker.com is authorized to publish media from
the merchant's pool in the shop to safeguard the update frequency.
§ 5 Payouts
In general, revenues for subscriptions sold are split 65% / 35% between merchant and shopmaker.com.
Please note: For international wire transfer a fee of around 10 to 20 Euros applies. The merchant is responsible
to keep bank details correct and up to date. Minimum payout is 100 Euros.
- Our regular payout process:
- Automated billing to the first day of the following month
- Manual review of the bills before payout
Payouts will be made once per month - within the second and third week (mid-month) - either via PayPal
or (international) wire transfer
§ 6 Service availability
Shopmaker.com operates its services with the highest possible reliability and availability. However, the provider
does not accept responsibility for these services being available non-stop, that the requested connection can be
made at any time or that data will be stored under all circumstances. No right exists to regular update of online
services. The websites with the offer may be temporarily inaccessible due to technical malfunctions, maintenance and
force majeure without giving rise to a user claim against the provider. This applies especially to the offers of
third parties integrated into the given offer which the provider cannot influence!
Shopmaker.com cannot influence the offers of third parties. In the event that shopmaker.com is forced by force
majeure or official order or court ruling to stop its services in part or in full, shopmaker.com shall not be liable
whatsoever for any damages or collateral damages arising therefrom. shopmaker.com reserves its right to terminate
the service at any time.
§ 7 Severability Clause
In the event any of the provisions of these General Commercial Terms and User Conditions is or becomes legally
ineffective in whole or in part or later lose effectiveness in whole or in part, the remaining provisions shall
remain in full force and effect. Lawful provisions having the closest intention from the economic perspective shall
be used in place of the ineffective regulations. The same shall apply if it is shown that these General Commercial
Terms and User Conditions contain omissions in the regulations. In the event of uncertainty, the parties agree that
the regulation which is closest to the goal of these regulations shall be applied.
§ 8 Jurisdiction
Dutch Law is applicable for any legal proceedings resulting from these General Commercial Terms and User Conditions.
Shopmaker.com is a service of BoFeWo B.V., Postbus 6002, NL-6077 ZG St. Odilienberg.