Article 1 – Application of the Conditions of the User Agreement
1.1 These Conditions of the User Agreement are applicable when an interested person has identified via the website www.tgirlhotel.com to present themselves as a user of this website to visitors of this website and to communicate with these visitors and/or present themselves as a user of this website to other users of this website and to communicate with these other users;
1.2 The User Agreement (hereinafter referred to as “Agreement“) is hereby entered by the User (hereinafter referred to as “User“) with TGirl Hotel, located in Elburg Municipality and registered at the Dutch Chamber of Commerce under number 66452503 (hereinafter referred to as “BV”). BV is an operator, owner and administrator of a Live Chat platform (hereinafter referred to as “Platform“), which may be used by User to communicate with visitors;
1.3 Agreement consists of the transfer of personal information by User to BV and the confirmation of BV to User in conjunction with these Conditions of the User Agreement. User declares to have read these Conditions of the User Agreement, understood them and accept them.
Article 2 – Duration, Compliance and Termination of the User Agreement
2.1 Agreement commences on the date when BV has received the necessary personal information from User. These can be sent via the registration forms on the website and/or by e-mail to BV. BV, in turn, sends User a confirmation of the registration;
2.2 Agreement has been entered into indefinitely and may be terminated by both BV and User unilaterally, without giving reason and/or notice. The termination is sufficient when indicated by e-mail;
2.3 BV reserves the right to terminate the Agreement and to offer a new (or partly new) User Agreement to the User. Modifications within this Agreement are only valid upon written approval;
2.4 BV expressly agrees that User may also perform work for third parties.
Article 3 – Facilities of the Live Chat Platform
3.1 The use of the Platform is only allowed for persons over 18 years of age. User can be requested to provide proof of age by adding a copy of a valid ID (name and date of birth has to be visible);
3.2 User is deemed to display the personal information when signing in correctly and completely. User is also deemed to notify BV by e-mail of changes to this data. BV, in turn, acts in accordance with Dutch law on personal registration and privacy and will therefore never share information with third parties;
3.3 User can offer photo-, video- and/or audio presentations and/or chat conversations to visitors using the Platform. BV provides a personal chat room for User with a personal username and password. In order to configure the chatroom, User delivers an (unrecognizable) picture to BV and a text with a short description of User;
3.4 When visiting a personal chatroom, users should always present themselves as a T-Girl towards visitors of the Platform;
3.5 Except as stated in 3.4, BV has no authority to instruct User about the content of what User presents. BV will not give assignments and/or instructions to User of any kind.
Article 4 – Operation of the Live Chat Platform and Other Parties
4.1 BV undertakes to manage the Platform and the associated technical capabilities, including the provision of photo-, video- and/or audio presentations and/or live chat conversations of User with visitors. BV is free at all times in the choice of the internet service provider, Platform Graphic Design and Platform Performance;
4.2 BV cannot affect the quality and/or availability of the Internet and underlying networks and can therefore never be held liable for problems that may result from this;
4.3 BV is free at any time to modify the Platform, use a new design and/or deletes certain items, including promotional material and/or advertisements.
4.4 The Platform makes it possible to make a paid contact between User and visitors. For optimization of the administration, BV may enable a third party. User does not have any opinion or input in this regard;
4.5 For promotion purposes, BV may at any time set up a similar platform under a different domain name. User does not have any opinion or input in this regard.
Article 5 – Responsibility
5.1 User is completely free to participate in-, publishing to- and communicating with visitors. User is also completely free at what time and for how long he/she is available in the personal chatroom. BV may not provide instructions in this regard. User acts independently at all times and therefore, at any time, has the right to refuse- and/or disconnect visitors to the Platform;
5.2 User is required to comply with the legal and social standards applicable in the Netherlands as well as in the country from which the user has logged into the Platform;
5.3 User is forbidden to:
5.4 Users who violate the points mentioned in 5.3 are excluded by BV from further participation in the Platform.
Article 6 – Payment of revenue
6.1 User grants BV permission to receive the revenue generated through the Platform in name and on account of the BV. User has the opportunity to consult the level of these returns online in the personal environment of the Platform at all times;
6.2 BV will pay the revenue monthly after the end of a calendar month and before the 25th of the following calendar month, provided that after receiving the payments of the switched payment operators. The total amount, without the user fee, is of € 0,40 per minute that User has made on live chat minutes on the Platform;
6.3 If User has registered one or more other users on the Platform and when this other user(s) has entered into the same User Agreement with BV, then the total revenue as mentioned in 6.2 is increased by € 0,05 per minute that this other user(s) has made on live chat minutes on the Platform;
6.4 Payment to User is made by bank transfer to a bank account number specified by User upon registration as mentioned in 3.2. or by using a PayPal account. Any payment in currencies other than euros (€) will be in accordance with the rate applicable on the day of payment.
6.5 When a user has registered via the registration form in the ‘Domina Lounge’ at the website, he/she agrees that the payment of revenue will be transferred to the user that he/she has selected. This other user is listed in the Domina Lounge and is paid in the same way as mentioned in 6.2, 6.3 and 6.4.
Article 7 – Liability and secrecy
7.1 All consequences by using the Platform are at the risk of User. BV is never responsible for any damage resulting from the use of the Platform;
7.2 BV can never be held liable for damage and/or loss of revenue if the Platform is not operating by force majeure. This includes all defects of suppliers of BV, such as power failure and/or maintenance;
7.3 BV cannot be held liable if a user infringes the 5.3 mentioned;
7.4 Both BV and User are required to maintain confidentiality of all information that they have come to the notice of the User Agreement and whose confidential nature is known and which BV and User can reasonably understand the confidential nature.
Article 8 – Other provisions
8.1 BV is operator, administrator and owner of the Platform. User is completely independent and may use the Platform to communicate with visitors. There is therefore no employment relationship and/or assignment agreement;
8.2 User is responsible for any rights and obligations imposed on him/her by the country where the User is resident, such as the Income Tax Return;
8.3 User may terminate secondary activities on the Platform, provided that it does not concern advertisements of a similar company such as BV and only if this does not jeopardize the Platform quality;
8.4 It is not allowed for a User to start a similar venture as BV during this User Agreement and/or within one calendar year after termination of this User Agreement;
8.5 If User infringes the conditions mentioned in 7.4 and 8.4 and when BV is subjected to (financial) damage by violation of User of 5.3 and 8.3, User is obliged to pay a fine of € 500,00 to BV for any infringement, without any notice of default, as well as a fine of € 100.00 for each day that the violation persists, unless BV makes use of the right to claim full compensation. BV is entitled to settle the fine(s), whether or not spread over several months, with the compensation as set out in Article 6;
8.6 If any of the provisions of these Conditions of the User Agreement prove to be void, the remaining provisions shall be apply in full.
Article 9 – Applicable law
9.1 These Conditions of the User Agreement and its interpretation will be based on Dutch law and jurisprudence. All disputes arising from the cooperation between BV and User are submitted to the court under which the BV is located;
9.2 These Conditions of the User Agreement is written in Dutch and English. In the event of a dispute arising from a contradiction in the interpretation of the texts, the Dutch version prevails.