Terms of Use
§ 1 Description of services
shopmaker.com offers sophisticated technology to build online shops, either based on subscriptions or pay-per-download:
- 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 stealthID.com operates a shopping system with pay-per-download capabilities. At stealthID.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.
shopmaker.com does not own or produce the content hosted at any of the websites that employ shopmaker technology.
§ 2 Registration of merchant accounts
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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 contact our team.
If you are interested in a shop at stealthID.com, you can register directly at: www.stealthID.com/merchant - Registration as a merchant is only possible with correct and valid address, contact and financial information. 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 active content (Javascript, ActiveX, etc.) is allowed anywhere in a shop.
- 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.
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In particular shopmaker.com does not allow the following content on its platform:
- animal sex
- asphyxiation
- blood
- child porn
- crushing of or violence towards animals
- necro
- nonconsensual sex
- scat
- snuff videos
- vomitting
- peeing
- 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, and mp4. 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 and presented to the customer, when s/he buys a subscription
§4 Special Conditions
- All rights related to the products presented (in particular copyright) remain with the respective merchant.
- Merchants bear responsibiltiy for all tax related matters concerning their revenues within their individual jurisdiction.
- 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 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
- Payouts will be made once per month either via PayPal, check or (international) wire transfer. 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.
§ 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.
