Credit card terms

You are called a trader in the following text.

We, BoFeWo B.V., are called a company in the following text.

• §1. the merchant gets the opportunity to release paid videos and photos for sale, to upload content that can be purchased.
• §2. the company takes over the sale of the contents. In order for the company to be able to fulfil this task, the trader transfers to the company all rights of use to the media and content made available in return for payment. In return, the trader receives 75% of the net sales revenue generated for sales, unless otherwise agreed.
• §3. payment will normally be made in the middle of the following month, provided that the limit set by the Merchant has been reached.
• §4. the Shopmaker offer is aimed exclusively at persons of legal age (18 years of age). When registering, the merchant must provide proof that he or she is of age in order to be allowed to use the service.
• §5. the prices for the videos/photos of the trader depend on the type and duration of the access and can be set in the profile under account.
• §6. The Company accepts no responsibility for the nature, content and scope of the content published on Shopmaker. The merchant is responsible for the type, content and scope of the content published.
• §7. the merchant confirms that it owns the necessary rights to the content that is uploaded to Shopmaker and then offered for sale by the company. The merchant can remove or delete content from sale. This content will then no longer be offered for sale on Shopmaker. Content already purchased by users will still be available to them after deletion. All persons who are visible must confirm this to the company by means of an ID shot before uploading. If the merchant publishes images of other people (who have not been verified) on Shopmaker, this content will be deleted immediately and the profile permanently blocked. The entitlement to commissions will be completely cancelled. The merchant is responsible for ensuring that all persons visible in the content are of age at the time the images are taken and undertakes to provide proof prior to publication without being asked to do so.
• §8. the trader undertakes to behave in a lawful and dutiful manner. The following content may not be uploaded and offered for sale: Content with minors, content with animals, any content that can be associated with minors or simulates minors, KV (excrement) and vomit, depictions of violence, blood, injuries, mutilations and all processes that are prohibited by law.
• §9. the decision to accept an application as a merchant is the sole responsibility of the Company. There is no entitlement to use Shopmaker. The Company is solely responsible for deciding whether to activate or block individual functions for the merchant. The merchant has no claim to the activation or use of certain functions. The Merchant has no claim to a specific listing on Shopmaker. The presentation, order or other highlighting is solely subject to the Company.
• §10. The merchant indemnifies the company against all claims of third parties who assert claims against the company due to the infringement of their rights, in particular copyrights, licensing rights, competition rights or other property rights due to the content transmitted by the star. In such cases, the operator is also entitled to hand over stored information to the claimant in order to prevent its own claim. The indemnification obligation also includes the assumption of reasonable legal costs incurred by the company.
• §11. credits from the company are taxable. The company helps the trader by writing the invoices on behalf of the trader and sending them to the trader (=credit note). The credit note is issued according to the status indicated by the trader. The relevant applicable tax (OSS) will be paid directly by the Company and will not be paid out.
• §12. the trader is prohibited from offering real meetings via Shopmaker. The merchant is prohibited from accepting payments for real meetings via Shopmaker. The dissemination of illegal content, insults, threats, disparagement or third-party content via Shopmaker is prohibited. In the event of a violation, the merchant agrees to pay a penalty of 500€ per violation and the merchant account may be permanently suspended. Each attempt will be counted as a single violation. Due contractual penalties will be offset against any outstanding commission payments.
• §13. The contract is concluded for an indefinite period and can be terminated without notice by both the trader and the company without giving reasons. The termination must be made in text form. An e-mail with the notice of termination is sufficient.
• §14. the trader assures the correctness of his statements. Any changes will be communicated to the company without delay.