Art. 1) Subject.
Art. 2) Requirements.
www.shinyqueens.com is a fee-charging internet site in the field of Fashion providing intermediary services, upon request by photographers, models and users of photographic services relating to clothing and excluding erotic and/or pornographic images.
The site can therefore be accessed, separately, by users (“User”) and models (“Model”).
Art. 3) Registration of users and models.
Any interested party who has reached 18 years of age or more may register on the Site.
By registering, the user accepts the conditions of use and the specific guarantees which may be requested.
Users may register on the Site only once, through procedures which ensure certain identification of the user.
By registering, the user expressly confirms that they are legally adult and moreover that they are cogniscant of the laws govering access rights to internet sites containing adult-only content.
Access to the site is restricted to registered users: any access by third parties through a registered user profile will be immediately blocked and the access ID involved cancelled.
The user will be solely responsible for content they publish on the Site: any illegal content and/or activity, be it civil or penal, such as, for example, pornography, annoyances, slander, defamation, vulgarities, obscenities, calumnies or intrusions against the privacy of third parties, or incitement to racial, ethnic or other hatred, are expressly forbidden.
It is forbidden:
- to use the Site in order to contact users and/or models for commercial purposes;
- to send to users and/or models unauthorized content or content subject to copyright, trademark, industrial secret, or other third party rights;
- to interfere with or interrupt the functioning of the Site and/or the server and/or the networks linked to the Site, and/or to disregard the requirements, procedures, policies or regulations of the networks linked to the Site;
- to access the Site in order to use and/or divulge and/or manipulate data belonging to third parties;
- to put the Site to commercial use, without prior written authorization from the Site Administrator;
- to collect personal information from the Site;
- to use the communication systems furnished by the Site (such as comments, emails) for commercial soliciting.
The user undertakes to respect the Site Guidelines, which form part of the present Conditions of Use, as well as all applicable local, national and international law.
Art. 4) Use of the Site.
The user expressly declares and undertakes not to use the Site for professional purposes such as, for instance, agent or publicity broker.
The content of the Site is strictly for personal use and consultation by the user, who is expressly forbidden to copy, distribute, transmit, disseminate, visualize, sell, licence or otherwise profit in any way, from the Site content without prior written consent from the Site Administrator.
All rights are reserved over the content contained in the Site.
Use of the Site and its content may be modified or interrupted at any time, at the entire discretion of the Site Administrator.
Art. 5) Conditions of use
- not to use the Site for any illegal or illicit purpose or for purposes not foreseen under the present Conditions.
- to maintain confidentiality of the data seen and used;
- to diligently safeguard the access ID for the Site, and to undertake not to share these credentials with any third party.
The User and/or Model undertakes to update their email address in the event of change and to promptly advise of any circumstance which might compromise the security of the Site or of their credentials or of the information to which they have access (such as, but not limited to, loss or theft, even if only potential, of user ID; fraudulent use of credentials by a third party, etc).
The User and/or Model is responsible for the safekeeping of their User name and password (“Account”) and of all actions relating to their Account, even by unauthorized Third Parties.
The User and/or the Model undertake to immediately notify the Site of any unauthorized use of their Account.
The User and/or Model has the duty to provide information which is true, accurate, up to date and complete when entering registration and profile forms, and to keep such information up-to-date.
In the event of User and/or Model’s violation of and/or failure to meet their obligations as foreseen in the present Conditions of Use, the Account and access to the Site may be suspended.
The User and/or the Model may cancel their Account at any time by contacting the Site at its online address: firstname.lastname@example.org, without, however, entitlement to reimbursement for any subscription period already paid for but not yet expired.
Art. 6) Site Contents and Services Offered
By registering on the Site, the User will have the right to access the digital content available on the Site: users who have paid their registration will be able to access all parts of the Site.
In the framework of the Site’s content, the User will be able to set up fee-paying, photographic competitions (“Contests”) open to the Models.
The Site reserves the right to accept or decline, at its own entire discrection, requests for “Contests”; upon acceptance and establishment of a “Contest”, a competition open to the Models registered on the Site will be set up, to which the Models will be able to submit photographic albums under the agreed terms. Thereafter, the Site will evaluate and publish, at its own entire discrection, those photographic services it considers suitable and in line with the requested theme.
The User’s agreed price, duly paid to the Site in advance of the Contest request, shall be credited, less 10% (ten percent) payable to the Site for administration costs, to the winning Model as seleced by the User requesting the Contest.
The amount shall be paid within 60 days of the announcement of the winner, online through Paypal or by bank transfer (transaction costs shall be borne by the beneficiary). The minimum amount payable shall be equivalent to 150$; should the amount be less than this it shall be kept pending and added to other credits until the minimum amount of 150$ is reached.
In the event no photographic albums are submitted for a Contest, at the expiry of the same the amount paid by the User shall be fully reimbursed.
Shinyqueens.com reserves the right to modify the rules governing any Contest, and/or to terminate in advance and/or interrupt a Contest, reimbursing the User any amounts already paid, without any further obligations to the users and/or models involved.
The Site offers a financial incentive to the All Artists (Models and Photographers) each month.
Visits are automatically calculated by the Site and the totals are visible on the profile of each Artist. Each (paying) User may visit each Artist once a day, and this visit will be automatically registered on the profile of the Artist, each time the User opens the Artist's profile page.
The Monthly Reward is calculated thus: ShinyQueens monthly revenues multiply per artist's ShinyQueens monthly views divided per total ShinyQueens monthly views multiply per seventy percent. The total is the artist payout.
All Models registered on the Site may, at their own discretion, request payment to promote their own profile. Users may purchase “crowns”; one crown is equivalent to one US dollar. These crowns may be presented by Users to the Models on their profile page. The Model shall receive this amount less 10% for transaction costs and commission.
Art. 7) Intellectual Property Rights.
The User hereby concedes to www.shinyqueens.com owned by 'Lounge87 ltd.' a permanent and free global licence, i.e. royalty-free, non-exclusive, and irrevocable and licensable for the use, distribution, reproduction, modification and publication of Site content.
The Site, including all its content and trademarks, brands, and logos, are the sole property and title of and /or conceded to www.shinyqueens.com, owned by 'Lounge87 ltd.' .
Violation of the title or copyright is expressly forbidden: any content violating intellectual property rights, even of third parties, shall be removed from the Site without prior notice and at the Site’s discretion.
The User may report eventual violations of their intellectual property rights by providing the following information:
- formal authorization to act on behalf of the interested party;
- description of the material protected by copyright which has been infringed, including the website;
- address, phone number and email address.
The above information should be sent by email to: email@example.com or else by normal mail to: 'Lounge87 ltd.'.
Art. 8) Declaration of Limited Responsibility.
The User and/or the Model agrees to use the Site, in all its forms, direct and indirect, at their own risk and peril, and relieves 'Lounge87 ltd.' and its staff from all and any responsibility in this connection, including that of damages (patrimonial or otherwise), and in particular any responsibility relating to: imprecise Site content, action of third parties on the Site, personal harm and/or damage in using the Site, unauthorized third party access to the Site, interruption of the Site, damage to hardware and/or software, violation of the present Conditions of Use, violation of any third party rights, including but not restricted to, any author’s rights or rights of ownership, property, publicity or privacy.
Moreover, 'Lounge87 ltd.' shall not be held responsible for content and/or products and/or services published and/or monitoring and/or transactions by third parties and users or products and/or services.
The User and/or the Model hereby release from all liability 'Lounge87 ltd.' and its staff, in relation to any claim, damage, obligation, loss, responsibility, cost or expense, relating to: - use of the Site; - violation of the present Conditions of Use; violation of rights by third parties, including – but not restricted to – any author’s rights, property, publication or privacy rights.
The User and/or the Model declares and guarantees that the content submitted to the Site in regards to nude images, including any pertaining to explicitly sexual conduct, within the limits of legality, will relate exclusively to persons of adult age at the time the photograph or video is made, and 'Lounge87 ltd.' is expressly relieved of all and any responsibility, including towards third parties, in this connection.
Art. 9) Privacy.
The Site fully respects the rules on privacy relating to its users and the Users and/or Models undertake to do likewise.
By using the Site, Users and/or Models expressly relieve 'Lounge87 ltd.' from all and any responsibility deriving from use of any third party website.
Personal information requested and gathered during communications between the parties in accordance with the Law on Privacy:
a) shall be collected and processed digitally and/or mechanically in order to:
1. activate and provide to the Client the services requested;
2. maintain a private client record;
3. maintain a public record of works (showing: client’s software screenshots, URL, business name);
b) are necessary to provide to the client in a satisfactory manner the services requested;
c) lacking which it is not possible to provide the services requested;
d) shall be handled by staff of 'Lounge87 ltd.' for the provision of the requested services and for purposes described under point (a) above;
e) may be communiated to third parties involved in the provision of activities necessary for the performance of services under the agreed contract, but in no other circumstances surrendered, sold or exchanged.
'Lounge87 ltd.' is responsible for the processing of personal information.
Art. 10) Access interruption and/or suspension.
'Lounge87 ltd.' has the right to suspend or instantly cancel, including permanently, without prior notice, the access privileges of any User and/or Model, with an email advice of the intention to avail itself of the present clause, in the following instances: 1. Violation by the User of the present Conditions of Use; 2. Following a request by judicial authorities.
The Site shall not be held in any way responsible, following upon suspension or cancellation of access, for any damage or harm caused to the User and/or the Model, be this direct or indirect, foreseeable or otherwise.
Art. 11) Force majeure and suspension of service – Limits of responsibility.
'Lounge87 ltd.' undertakes to ensure the best possible functionality of its services but accepts no responsibility and may not be held responsible for failure to provide or delay in providing services foreseen under the present Contract or for eventual shortcomings in the services deriving from causes beyond its control or resulting from force majeure, such as (but not limited to) fire, strike, war, local unrest, national strike, actions of public authorities, etc.
In the event of network or hardware fault of the Site or of other operators, be these due to chance occurrence or to force majeure, 'Lounge87 ltd.' may at any time suspend its services, in total or in part, without any prior notice.
'Lounge87 ltd.' may also suspend its Services for updating and/or maintenance or improvement of the said Services.
'Lounge87 ltd.' shall not be held in any way responsible for any failure or reduced level of Service in the event of chance occurrence or force majeure, nor will it be held responsible for any loss, damage or harm caused thereby to the User and/or the Model, be it direct or indirect, foreseeable or otherwise, including, but not limited to, economic/financial loss, loss of custom, of profit, of use, of activity, or penalties, etc.
Art. 12) Modifications and Communications.
All communications referred to in the present Contract shall be made through the Platform and/or through email advice to the address provided during registration.
Art. 13) Failure to exercise rights foreseen under the present Contract.
Failure by any Party to exercise any right or faculty foreseen under the present Contract shall not be considered as relinquishment of such right or faculty nor preclude future exercise of such right or faculty.
Art. 14) Privacy.
Art. 16) Objections and claims.
Objections and/or complaints and/or claims should be forwarded to firstname.lastname@example.org.
By confirming their registration, the User and/or the Model declare that:
• in accordance with articles 1341 e 1342 of the Civil Code, they expressly approve, without any exception, the following clauses therein: 1,2 ,3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15.