§1 General Provisions
- The Website is operated by: VERCAMS DIGITAL CONSULTING EOOD Burgas 8000, Luben Karavelov str. No. 8, atrium, office, BULSTAT numer: 204281760 („The Company”).
- By the Website the Company carries out activities aimed at the conclusion by the Customer and the Partner of the Website (“the Partner”) the agreement on using by the Customer audio-video recordings (“the Recordings”) belonging to the Partner, i. e. short or full-length amateur or professional films, which can be additionally provided with the soundtrack.
- The Company is not a party to any legal or factual relationship between the Partner and the User. The Company only performs activities aimed at the conclusion of the agreement on using the Records by its parties, i. e. the Customer and the Partner. As a result, any payments by the Customer to the Partner for using the Recordings shall be made by via the Company.
- The Company does not provide any electronic services for the Customers, which needs payment.
§2 The Customer
- If the Customer is natural persona, he must be full of age, i.e. having 18 years old or more, if the law of the state, which the User is domiciled in or is citizen of, requires higher age to become adult.
- The User accepts the fact, that in certain states or in certain territories using the Website may be restricted, limited or even excluded due to the law regulations. The Company shall not be liable for these restrictions, limitations or exclusions.
- The Customer, who does not accept the Website content or considers it contrary to his moral or religious beliefs, shall immediately terminate using the Website.
§3 Using the Website
- Using the Website, the Customer may conclude with the Partner an agreement on using the Recording. By concluding these agreement, the User has an availability to download the Recordings which were uploaded to the Website by the Partner and are stored by him.
- The Company has the right to display on the Website advertising content, both static and dynamic.
- Using the Website requires the following technical requirements necessary to cooperate with IT system which is used by the Company:
- Permanent access to the Internet and e-mail;
- The Customer is obliged to use the Website abiding the law and good faiths, respect the personal rights and interests as well as intellectual and industrial property rights of other persons.
- Any data provided by the User during using the Website must be true and accurate.
- It is forbidden for the Customer to upload any content of illicit character.
- Any information provided on the Website shall not constitute an offer.
- The Website and all materials and information contained therein, excluding the Recordings, in particular texts, navigational aids, selection and layout of the Content, logotype, graphics, interactive applications, audio and video materials, are the subject of exclusive rights of the Company. Their violation will result in civil or criminal liability under the law.
- All copyrights to the Website and to the databases that the Website contains are owned solely by the Company (excluding the Recordings). Copying, using, disseminating the Website as well as databases without the Company’s consent is strictly prohibited.
§4 Form of declarations, notices, communications
- Sending by the Company:
- Electronic message (e-mail) to the e-mail address of the Customer provided by him by Registration or in course of further using the Website, if alteration of e-mail address has been accepted by the Company; or
- Message by IT system of the Website, which is available for the Customer on his Account;
- Sending by the Customer
- Electronic message (e-mail) to the e-mail address of the Company, i.e. , if the Company confirms receiving these message or
- A message by dedicated set of system tools such as contact form or an Account panel, provided that the Company has previously approved sending messages by such tools and has confirmed the receipt of the message.
- Sending by the Company:
- Communications, declarations and notifications between the Customer and the Partner shall be made by internal messages sent and delivered by IT system of the Website.
- The Customer shall be solely responsible for marking incoming or outcoming e-mail as a SPAM and for failing to read the message, not checking the content of his/her Account not using the e-mail box. Even setting automatic or manual message on absence does not prejudice the fact, that it shall be deemed, that the message sent to the Customer has been properly served, received and read by him.
§5 Concluding and executing the Agreement on using the Recording
- There shall be only the Customer and the Partner who are the parties to the Agreement on using the Recording.
- In order to conclude the Agreement on using the Recording, the Customer shall place an Order using the appropriate form, in particular by selecting the Recording or Recordings to be dealt with. If the Partner accepts the Order, the Customer is notified by these fact by e-mail referred to §4 point 1 letter a) item i). The Agreement on using the Recording is concluded at the moment of sending the e-mail to the Customer.
- The Partner shall make the Record available to download for the Customer after fulfilling by him all conditions contained in Agreement on using the Recordings, including making payment.
- The Customer shall download the Recording immediately after making it available. The Company bear no liability for any subsequent failure to download the Recording.
- The Customer is obliged to provide at his own cost and responsibility the equipment and software necessary to use the Record.
- The Customer may state an Opinion about the Partner for subjective evaluation of performing the Agreement on Using the Recording or the Recording itself. The Customer is solely liable for the content of Opinion, in particular for infringement of the rights of the Partner or a third party by publishing these Opinion. The Company is not obliged to verify the content of the Opinion, however it has right to remove it without giving any reason.
- The Partners shall not be entitled to any claim against the Company for stating the Opinion. Any claim in these respect shall be directed to the Customer who has stated the Opinion.
- The Partner may authorize the Company to accept the Customer’s complaint regarding due performance of the Agreement on Using the Recording. In such case the Company will notify the Customer on these fact. The Company may be also authorized to notify the Customer on the result of such complaint.
- The Company provides a system enabling the Customer to make payment for using the Recording to the Parnter. The Company is an entity carrying out activities aimed at concluding by the Partner and the Customer an Agreement on Using the Recording. The Company does not provide any payment services, but does only provides an infrastructure facilitating the settlement for using the Recording between the Customer and the Partner.
- Under the scheme referred to above, the following payment methods are available:
- Through DotPay, in accordance with Terms of Payment through Dotpay, available at: www.dotpay.com
- By Epoch, in accordance with the Epoch Payment Regulations, available at: www.epoch.com
- The cost of payment shall be borne by the Customer.
§7 Limitations of liability
- The Company shall not be liable for any Recordings uploaded and stored by the Partner in IT resources of the Website.
- The Company shall not be liable for the results of distribution of the Recordings by the Partner.
- The Company bears liability towards the Customer for non-performance or malperformance of the Agreement only in case of intentional fault or gross negligence of the Company (due to the using the Service for the Customer is free of charge, such limitation of liability is permissible).
- The Company reserves the rights – in case of receiving official notification or reliable information about the illegality of the Recording or the illegal nature of the activity related to the Recordings, to prevent access to these Recording.
- The Company shall not be obliged to check the transmitted, posted, stored and distributed Recordings, in particular with regard to their legality or the illegal nature of the activities related to the Recordings.
- Customers and Partners shall be solely responsible for calculating, settling and paying all the taxes and other public burdens resulting from using the Website.
§8 Role of the Website
- The Company:
- Does not take part in any way in the contacts between the Customer and Partner and is not a party of any factual or legal acts made between them;
- Does not guarantee truthfulness and reliability of any Data uploaded or stored by the Partners and Customers on the Website.
- The Company shall not be liable for:
- Any acts or omissions of Customers or Partners, including calculation, payment and settlement of taxes and other private and public burdens;
- Any events in legal or factual relationships between the Customers/Partners, that results from contacting or attempting to make a contact by means of the Website;
- Any losses arising from:
- Contacting or concluding a contract, negotiating, mediating, meeting or making acquaintance with a person that provided his/her contact information on the Website;
- Non-conclusion of Agreements between the Customers or Partners;
- Malperformance or non-performance of agreements concluded between the Customers and Partners;
- Situation when data is contrary to the reality;
- Truthfulness and reliability of Data uploaded and stored by the Customers or Partners;
- The Customer’s or Partner’s ability to fulfill the Agreement;
- Solvency of the Customers and the Partners;
- Quality of the Recording.
- Without prejudice to para 5 point 8, the Company does not take part in any disputes between the Customers and Partners. All the disputes are settled by Customers and Partners themselves. The Company does not engage in any legal proceedings connected with settling this type of disputes.
§9 Termination of using the Webiste
- You can any time leave the Website by logging out.
- You can at any time terminate the agreement on using the Website by deleting your Account (please click “Delete my Account”) or sending a written statement to the Company’s address. It shall be deemed as the termination of the Agreement when the User requires the Company to delete his personal data necessary to use the Website.
- The Company may cease the functioning of the Website at any time, which is equal to termination of the agreement with immediate effect.
- As a result of terminating the agreement on using the Website, the Customer/Partner losses the possibility to use it. After termination of the agreement the Company will terminate the personal data of the Customer/Partner, however, it has a right to process them for the purpose and in the scope specified by the relevant provisions of law. Additionally, the User expresses his consent for storing in the Website contents uploaded by him, in particular Opinions stated by him, even after termination of the agreement.
- The Complaint shall be resolved within 14 (fourteen) working days from the date of receiving the complaint, if it includes all necessary elements. The response to the complaint the Company sends in the form specified in para 4.
- Lack of resolution or lack of response to the Complaint within 14 days term does not mean that the complaint has been accepted by the Company.
- The Customer / the Partner has a right to judicial inquiry into claims against the Company, as well as use a mediation or other amicable methods of dispute resolutions (which are however voluntary for the Company).
§11 Final provisions
- The Customer has a right to withdraw from the agreement on suing the Website within the term of 14 days after Registration in the form specified in para 4. However, withdrawing the agreement does not have influence on validity of agreements on using the Recordings concluded by the Customer with the Partners.
- The law applicable to use of the Website is the law applicable to the registered office of the Company.
- Any disputes arising out the use of the Website between you and the Company shall be handled by the competent court of proper jurisdiction.
- Appendix 1 – Code of Ethics of the Customer of vrconk.coml
- Appendix 2 – Infringement Notification Procedure;
Code of Ethics of the User of vrconk.com– Rules Of Uploading Data On The Website And Basic Obligations Of The User
From 1th June 2017
PRINCIPLES RELATED TO SEXUAL CONTENT
- It is strictly forbidden to upload on the Website advertisements, in which the User indicates, what amount he is expecting for sex or other sexual activities (e.g. 100 euro per hour). It is strictly forbidden to upload list of prices for sex. The User may only indicate that he is interested in paid sex, but any further settlements relating to amounts of money can be made only outside the Website and without engaging its infrastructure.
- The Company does not induce any User or any other person to engage in prostitution, does not support the prostitution and does not receive any financial gain from prostitution of Users or any other persons.
- It is strictly forbidden to upload any photo or other Data showing or suggesting:
- Bringing a person to sexual intercourse or other sexual activity using person’s helplessness or inability of such person to recognize the meaning or direct his action, resulting in mental retardation or mental illness.
- Bringing a person to sexual intercourse or other sexual activity or exercising such activity by abusing a relationship of dependency or using of critical position.
- It is strictly forbidden to use the Website to:
- Get in touch or enter into relationship with people under 18 year of age;
- Submit any proposal of sexual intercourse, submit to or execute any sexual activity or of taking part in the production or fixation of pornographic content to persons under 18 years of age;
- Publicly promote or glorify behaving of pedophile character;
- Present of any pornographic material involving minors under the age of 18, or related to presentation of violence or using the animal;
- Publicly presentat of sexual content in a way that it can impose their receipt to the person who does not wish it (hence photos of the User containing pornographic content shall be available only on other user request).
- It is strictly forbidden to use Website for the purpose of brining another person to practicing prostitution.
GENERAL PRINCIPLES OF UPLOADING CONTENT
- Shall not contain the following contents:
- Inciting racial hatred, religious, ethnic, xenophobia or conflict;
- Promoting violence;
- Vulgar, offensive, infringing the rules of good behavior;
- Misleading or likely to misleading;
- Goods or services which do not exist or to which the User does not have any rights;
- Falsifying or not disclosing true features of goods or services, such as size, area, mileage, age, price, location, salary and the like;
- Relating to provision of services generally recognized as reprehensible, such as prostitution, pyramid schemes, usury;
- Relating to organization of pyramid selling system or sales multilevel marketing (MLM) or other similar systems;
- Containing information relating to encouraging or promoting participation in hazardous games, games of chance, mutual betting or machines games and slot machines games with low prizes;
- Relating to preparation or assistance in preparing projects of exam works, master thesis, bachelor thesis and the like, as well as direct assistance with passing any tests or exams;
- Relating to tele work having as a task sending unsolicited commercial communication (spam);
- Relating to computer passwords, access codes or other data for unauthorized use to information stored in computer system or data communication network;
- Relating to software designed in particular to unauthorized destruction, alteration, deletion, damaging or obstructing access to computer data, interfering with or preventing the automatic processing, storage and transmission of such data or disrupting operation of communication network and system.
- Data shall not contain links to websites that require from the users to pay fees for the use of these sites, as well as advertisements or links to websites which can be in any way competitive for the Website.
- Data shall not contain viruses and any other technologies that may harm other users of the Website and “chain letters”.
YOUR BASIC OBLIGATIONS – using the Website you shall not
- Take any actions that unduly burden with infrastructure of the Website or interfere its correct functioning;
- Copy, modify or disseminate content created by other persons without their and ours express and written consent;
- Use any viruses, bots, worms or other computer code, files or programs (in particular automating processes of scripts and applications or other codes, files or devices), robots (announcers, scrapers) or other automated tools in order to obtain any access to the Website and collect Data without our express written consent or in order to interrupt, destroy or limit operation of the Website or hardware, or otherwise allow any unauthorized use or access to a computer or computer network;
- Copy, distribute, modify content from the Website without our express written consent, disassemble or decompile, reproduce or make any other attempts to study the source code of the Website. You are allowed to use only these elements of the Website which you have added on your own (e.g. Data uploaded by you).
- Undertake activities that may impede or interfere with functioning of the Website and you shall not use the Services in any way disruptive to other Users;
- Take any action that might impede or disrupt operation of the Website as well as take any actions involving in particular destruction, alteration, deletion, damaging, obstruction access to the accounts of other Users.
- Take any actions that can be used for fraudulent collecting passwords or other identification data from other Users, in particular in broadly understood commercial purposes or unlawful purposes;
- Take any actions that affect the automation of system use (automatic annotation, display), including use of scripts to add friends, send comments, news, updates of the Website;
- Use the Website for research activities, in particular that of the tests, analyzes, public opinion pools;
- Repeatedly send the same message or many different messages in a very short intervals of time (flooding).
If Data contains or even may contain contents violating or even potentially violating the Principles, you are obliged to – before uploading Data - plot such contents in a manner that it cannot be read in any way.
from 1th June 2017
Procedure of Reporting Violations
- We are not responsible for content uploaded and stored on the Website. Moreover, we do not have any legal obligation to monitor Data, which is transmitted, stored or made available by us. However, we have a duty to prevent access to Data in two cases:
- Upon receipt of official notification of illegal character of Data or illegal character of activities connected with it (e.g. from the Police or public prosecutor);
- Upon obtaining reliable information on the illegal character of Data or illegal character of activities connected with it. Such information we can receive from every person. If you noticed that any Content on the Website violates your rights, personal interests, personal data, please inform us by option “Report Violation” and we, after verification of reliability of your message, will prevent access to such Content.
- To report a violation, please fill in correctly the form “Report Violation”. You have a possibility to receive confirmation of the reporting, by selecting the option “Send me a copy of this message”. Information required in the form “Report Violation” our necessary to guarantee, that you – reporting violation – are an entitled party or authorized representative of entitled party. In addition, it is necessary to identification of the Content, access to which we are to prevent.
- Your Report shall include the following data:
- Your contact details;
- Name and surname (or business name);
- Address of residence;
- E-mail address;
- Indication of nature and extent of violation, in particular an indication of the Content (such as specific information on the User Profile), which in your opinion violates the law;
- Providing information enabling us to find a place on the Website where the Content, to which access we are to prevent to, is uploaded and stored (exact link and determining the place on sub-page);
- Possible evidence in support of your report.
- By reporting a violatin you also express your consent (by accepting checkbox) for processing by us personal data given by you in the violation report for the purpose of verifying you report and preventing access to the Content reported by you.
- If your report lacks any of the abovementioned elements, we may refuse to consider it, in this case, first, we will call you to complete your report.
- If we determine that your report (message) is reliable, we will prevent access to the Content reported by you, promptly after notice of the User who uploaded the Content on our intention to prevent access to the Content. Remember, that reporting violation, you are fully liable for accuracy of the information given in the report and reliability of such report. If as a result of unjustified report we prevent access to the Content, we are entitled to claim compensation from your or other remedies provided by law.
- Notifying the User who uploaded the reported Content, on the intention of preventing access to the Content, we appoint him period of 3 (three) days for giving arguments against our intention. After that period we prevent access to the Content unless the User’s explanations give rise not to prevent access to the Content.
- If we receive official notification of the illegal character of Data or illegal character of activities connected with Data, we prevent access to Data without prior notification of the User.
- Additionally, we do not have obligation of notifying the User on our intention to prevent access to the Content in the following situations:
- Delay in preventing access to the Content can cause a harm to us or to other person
- Immediate preventing access to the Content is obviously justified.
Examples: on the Website was uploaded a photo with pedophile content, or content obviously vulgar, offending other user or encouraging to commit an offence.
This is an adult site that expressly and strictly limits its membership to adults. This site does not knowingly seek or collect any personal information or data from persons under the age of 18. All persons under the age of 18 are strictly prohibited from accessing or viewing the contents on this site without exception. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then your account will be terminated without notice or delay
INFORMATION COLLECTED FROM SUBSCRIBERS
Any customer that joins/signs up as a subscriber of the site will be required to provide personal information as well as demographic information which may include the subscriber’s name, physical address, e-mail address, zip code, country, username, and password. The site collects any and all such information and includes it in its customer database. In addition, other information such as IP address(es), referring website information, browser information, and other related data may be collected.
USE OF PERSONAL SUBSCRIBER INFORMATION
If the site features or conducts any special events, special promotions or offers, contests or polls, a subscriber of the site may be asked to provide information in order to participate, if the subscriber voluntarily provides that information, all such information may be collected by the site and included in its customer database.
If a subscriber sends any personal communication or correspondence by any means, to the site, or any of its employees, agents or representatives, the site may collect the information regarding that communication and include that information in its customer database.
USE OF YOUR EMAIL ADDRESS
Your email address will be used to contact you when we have information to provide you. Such information may include, but is not limited to, special offers, new services and promotions, information relating to your account as well as any other subscription-related information. We may send you emails both before and after you have terminated your membership with us. This may happen until you advise us, in accordance with the procedures explained below, that you no longer wish to receive email from us and/or from third parties with whom we have a direct or indirect relationship. We will periodically share your email address with other third parties, with whom we have a direct or indirect relationship with, for the purposes of sending you special advertisements or promotions.
Both we and our advertising partners comply fully with the federal CAN-SPAM Act, and as such all emails from us and our advertising partners will always, among other required disclosures, have a place for you to opt out of receipt of further email correspondence. Please note you will never receive emails from our advertising partners without your consent. Please report any unauthorized emails that you receive without your prior authorization.
By the subscriber’s use of the site, the subscriber expressly agrees that the site may use any personal information that has been provided by the subscriber or that has been collected by the site about the subscriber for any purpose, including without limitation, technical, administrative, research and development, customer administration, marketing, age verification, promotional and advertising use by the site or third parties authorized to use the information by the site.
By the subscriber’s use of the site, the subscriber expressly agrees that the site may, in its sole discretion share, disclose, transfer, rent, license or sell any of the personal information about subscribers that it has gathered or collected with affiliated or unaffiliated third parties.
All personal information about a subscriber may be collected by a third-party web service provider that has an advertising banner or link on the site.
All information collected may be shared when necessary to comply with applicable law and /or to cooperate with law enforcement agencies and the courts/tribunals.
A subscriber’s IP address may be used to diagnose problems with the server and all other technical issues and to administer the websites.
SECURITY OF INFORMATION COLLECTED BY THE SITE
The site has adopted and implemented reasonable and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information relating to subscribers that is collected by the site.
While the website uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information, the transmission of information via the Internet is not completely secure. All subscribers should consider any information provided to or collected by the site as non-confidential, and consequently the site assumes no liability or responsibility if any information relating to any subscriber is intercepted and/or used by an unintended recipient.
Unfortunately, the transmission of information via the Internet is not completely secure. The website uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information.
Subscriber’s e-mail address may be used by the site to communicate special offers and other relevant information such as new services, subscription information, etc. In addition, there may be occasions when a subscriber will be presented with special offers either from the operators of the site or from third-party service or content providers, which may include consent to receive e-mail solicitations, communications, newsletters, commercial advertising, or other promotional or special event materials.
“OPT-IN” & “OPT-OUT” PROVISIONS
“OPT-IN” — Some offers may be presented to the subscriber with the option to express the subscriber’s preference by either clicking or entering “accept” (alternatively “yes”) or “decline” (alternatively “no”). By selecting or clicking the “accept” or “yes”, the subscriber indicates that the subscriber “OPTS-IN” to that offer and thereby agrees and assents that the subscriber’s personal information and data may be disclosed to third-parties.
“OPT-OUT” — Other offers may be presented with a pre-selected preference or choice. If the subscriber does not deselect the pre-selected preference of choice (i.e. “OPT-OUT” of the offer) then the site may transfer the subscriber’s personal profile information to the third-party service or content provider making the offer. If the subscriber deselects the pre-selected preference then no personal information about the subscriber may be disclosed to any third-party service or content provider.
TERMS AND CONDITIONS OF MEMBERSHIP
Each subscriber should carefully read each of the terms and conditions of membership for the site. By accepting membership to this site, you are unconditionally accepting all of those terms and conditions. Some of those terms and conditions may also affect the right of this site to use information that it has gathered from subscribers.
The website is owned and operated by Vercamsdigital Ltd.
THIRD-PARTY WEB BEACONS
We use third-party web beacons from Google to help analyze where visitors go and what they do while visiting our website. Google may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you.
Effective March 4, 2016