Terms of Service for Advertisers on Shyrest Website
The Administrator manages the website ("Website") where users ("Performers") create profiles, and the Administrator allows third parties ("Clients") to familiarize themselves with information about Performers. The profiles contain various information about the Performer, including offered services, location, external data, and more. As a user of the Website, the Client can view profiles and contact Performers through the Website for personal purposes. The Administrator is not responsible for the motives guiding Performers in their interactions with Clients. The Administrator does not organize or control the interaction between Performers and Clients, nor does it charge any fees for the interaction between Performers and Clients.
The use of the Website is prohibited for individuals who have not reached the legal age according to the laws of the respective European country. Any third party who has not reached the legal age must immediately cease using the Website.
The Performer explicitly acknowledges that they are solely responsible for any use of the Website and any interactions with Clients.
The Administrator acts as an information intermediary in accordance with Article 1253.1 of the Civil Code of the respective European country. The Administrator is not responsible for the interaction between Performers and Clients, as well as for the information posted by Performers on the website. In case Performers violate the legislation of the respective European country when posting information on the Website, the Administrator undertakes to delete this information upon receiving a corresponding request from the rights holder or any other person whose rights were violated by the Performer's information posting. A third party requesting the removal of information that infringes their rights must provide evidence of their corresponding rights when contacting the Administrator.
1. SCOPE/AMENDMENT OF THESE TERMS OF SERVICE
1.1. These Terms of Service apply to the relationship between the Administrator and Performers when they post information in their profiles on the Website.
1.2. A third party joins these Terms of Service and becomes a Performer upon registration and posting a profile on the Website. The Performer is entitled to access additional functionality of the Website after paying the specified licensing fee mentioned in section 1.3 of these Terms of Service. Additional functionality of the Website includes the ability for the Performer to provide access to the information posted on the Website, including, but not limited to, their external data, age, location, contact phone number, for third parties visiting the Website without a registered account. The Performer is also entitled to indicate the cost of their services and the period of the day in which they can be provided.
1.3. The licensing fee is paid as a non-refundable prepayment for providing access to the information posted by the Performer about themselves on the Website to third parties visiting the Website without a registered account. The prepaid amount is continuously deducted for the duration of the information posting. The Performer has the right to suspend the posting of information. In case the Performer suspends the posting of information, the fee for its posting is not deducted from the prepaid amount. The suspension of posting such information can be valid for a maximum period of one year from the date of suspension. After one year from the date of suspension, the posting of the information resumes, and the fee for its posting continues to be deducted from the prepaid amount.
1.4. The placement of information about the Performer in open access to third parties visiting the Website and not having a registered account on it ceases at the moment of expenditure of the prepaid funds. The Administrator has the right to unilaterally delete the Performer's profile after the prepaid funds have been exhausted.
1.5. The amount of the license fee is set on the website in the section /price. The Administrator has the right to unilaterally change the amount of the license fee no more than 2 (two) times a year.
1.6. The Administrator reserves the right to amend this User Agreement at any time without the consent and notification of the Performer. By using the Website, the Performer agrees to be bound by this User Agreement. The Administrator strongly recommends that the Performer regularly review this User Agreement to stay informed of any changes that may be made to it. In case of disagreement with this User Agreement or at least one of its provisions, the Performer is obliged to immediately stop using the Website.
2. PERFORMER REGISTRATION. PERFORMER ACCOUNT
2.1. Prior to completing the registration process on the Website, the Performer is granted access to the Website and its limited features.
2.2. To gain access to the full range of Website features, as well as the ability to provide information about themselves, the Performer must register on the Website as an "Advertiser." As a result of the Performer's registration on the Website, a unique Performer account is created, and the Performer gains access to the Personal Account.
2.3. By creating an account on the Website and using it, the Performer must be at least 18 years old. By creating an account and using the Website, the Performer represents and warrants that:
- They have the legal capacity to enter into a legally binding contract with the Administrator;
- They undertake to comply with this User Agreement and all applicable local, national, and international laws and regulations.
2.4. The unique Performer account contains personal information provided by the Performer during registration on the Website. The Administrator is not responsible for the accuracy of the information provided by the Performer.
2.6. The Performer is solely responsible for the security and confidentiality of the information provided during registration. All actions performed on the Website using the Performer's personal account are considered to be performed by the Performer. The Administrator is not responsible for unauthorized use of the Performer's account by third parties.
2.7. In case of loss of access to the personal account, the Performer has the right to replace it by using a special form on the Website.
2.8. Actions performed using the personal account on the Website are equivalent to actions performed with a simple electronic digital signature.
3. PROCEDURE FOR ACCESSING THE WEBSITE
3.1. To use the Website, the Performer must have technical equipment that meets the following criteria:
• Latest versions of browsers: Google Chrome, Firefox, Safari, Internet Explorer
• Connection to the Internet at a speed of not less than 1024 Kbps.
3.2. By accepting this User Agreement, the Performer confirms having the technical capability to use the Website.
3.3. The Performer is prohibited from disrupting the normal operation of the Website, uploading, sending, transmitting, or otherwise distributing materials that contain viruses or other computer codes, files, programs designed to disrupt, destroy, or limit the functionality of the Website or to gain unauthorized access to the Website.
3.4. The Administrator is entitled to send the Performer advertising and informational messages to the email address provided by the Performer during registration on the Website.
4. PERFORMERS' PROFILES ON THE WEBSITE
4.1. The Administrator provides Performers with the opportunity to publish information about themselves on the Website. To publish information about themselves, Performers are required to make a payment for the use of the Website's functionality and then go to the "Add Profile" tab. In the "Add Profile" tab, Performers are asked to enter their information, including but not limited to their photos, videos featuring the Performer, information about their appearance, contact details, etc.
4.2. By publishing a Profile on the Website, the Performer agrees that third parties visiting the Website (Clients) may contact them for the provision of various services. Clients can contact Performers using the internal chat available on the Website or by contacting them using the contact details provided by the Performer.
4.3. The information posted by the Performer on the Website must not infringe the rights of third parties. The Administrator is not responsible for the information posted by the Performer and has the right to remove it upon the request of third parties whose rights have been violated, as described in the preamble of this User Agreement.
4.4. The Administrator is not responsible for the services provided by Performers to Clients.
4.5. The Administrator does not publish profiles on the Website.
4.6. All profiles are published by Performers themselves, voluntarily and without prior moderation.
4.7. The Performer agrees that it is prohibited to provide data in profiles, comments, or any other means available on the Website that could lead to the identification of any individual, such as last name, first name, patronymic, address, passport details, personal phone numbers and/or email addresses, etc. The Administrator is not responsible for any harm caused to individuals due to the provision of identifying data on the Website.
5. WEBSITE CONTENT
5.1. The Website is a collection of information, texts, materials, graphic elements, designs, images, photos and videos, music, scripts, computer programs, and other results of intellectual activity contained in the information system accessible on the Website.
5.2. The purpose of the Website is to allow Performers to publish information about themselves and enable Clients to view Performers' profiles containing the provided information.
5.3. The Administrator at its discretion determines the content of the Website, modifies and updates the Website and its individual parts, establishes the rules for accessing the Website, and offers various services based on the Website independently or in collaboration with third parties.
5.4. The Administrator may, at its discretion, provide Performers with access to the Website as a whole or its parts on a paid or free basis, impose restrictions on the use of Website services for all Performers or for specific categories of Performers.
6. LIABILITY OF THE PARTIES
6.1. The Parties are responsible for non-performance or improper performance of obligations under this User Agreement in accordance with this User Agreement and the applicable laws of the European countries.
6.2. The Executor uses the Website at their own risk. The Website and its services are provided to the Executor "as is."
6.3. The Administrator does not guarantee that:
(a) the Website and its features will meet the requirements of the Executor;
(b) access to the Website and its features will be provided continuously, quickly, reliably, and without errors;
(c) the results obtained through the Website will be accurate, reliable, and can be used for any purposes or in any quality;
(d) the materials and information on the Website are up-to-date and comply with the applicable legislation at the time of the Executor's viewing;
(e) the quality of the Website and its features will meet the expectations/requirements of the Executor.
6.4. The Website does not contain or provide consultations. Any materials or information posted on the Website are the opinions of the authors of such materials and information and are not verified by the Administrator. The Executor uses the materials and information of the Website at their own risk and is solely responsible for any consequences arising from the use of said materials and information, including any losses incurred directly or indirectly by the Executor or third parties.
6.5. The Administrator, unless otherwise stated, assumes that no materials and/or information posted on the Website violate the legal rights and interests of third parties. If it is determined that the placement of any materials/information on the Website violates the legal rights and interests of third parties, such materials/information will be removed from the Website upon the first request of the person whose legal rights and interests have been violated. The Administrator has the right to remove the mentioned materials/information without prior notice to the Executor.
6.6. The Administrator is not responsible for any damage that may be caused to the Executor as a result of using the Website, including but not limited to data loss, computer or other equipment infection with computer viruses, losses resulting from the installation of malicious software, phishing, fraud, and other types of malicious and illegal activities by third parties on the Internet.
6.7. The Administrator is not responsible for advertisements placed on the Website.
6.8. The Website may contain links to third-party websites on the Internet. These links are not a recommendation or endorsement by the Administrator of such websites or the products offered on them. The owners of such websites and their content are not verified by the Administrator for compliance with legal requirements. The Administrator is not responsible for the information and materials posted on third-party websites accessed by the Executor through the Website, as well as for the availability of such websites, content, advertising content, opinions, and statements on these websites and the consequences of their use by the Executor.
6.9. The Executor undertakes to:
6.9.1. not upload, store, publish, distribute, or otherwise provide access to or use any information that:
a) contains pornography and/or texts or scenes of a sexual nature involving minors and/or advertisements for involving minors as performers in pornographic entertainment events;
b) describes means and methods of suicide or incites to commit it;
c) promotes and/or contributes to inciting racial, religious, national, or ethnic hatred or enmity;
d) promotes a cult of violence and cruelty;
e) contains extremist materials;
f) promotes criminal activities or contains advice, instructions, or guides on committing criminal acts;
g) contains restricted access information, including but not limited to state and commercial secrets, information about the private lives of third parties;
h) promotes or describes the attractiveness of using narcotics, contains information about the distribution of drugs, recipes for their production and tips on use, provides information on methods, techniques, manufacturing, and use of narcotic substances, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of acquisition, cultivation of drug-containing plants;
i) is of fraudulent nature;
j) defames the honor, dignity, or business reputation of other individuals;
k) violates the privacy of other Users or third parties;
l) contains defamation, rude and offensive expressions and statements, obscene language;
m) violates the rights of third parties and the laws of the United Kingdom.
6.9.2. when posting information on the Website, comply with the rights of third parties, including the rights of authors and copyright holders of relevant intellectual property;
6.9.3. when posting photos on the Website featuring third parties, obtain consent from those individuals to disclose and/or use the images;
6.9.4. not use the Website to register an information or advertising page for legal entities, other organizations, and/or communities;
6.9.5. not use the Website for spamming purposes (including search spam);
6.9.6. independently assess the content of the posted/submitted Content for compliance with the requirements of the laws of the United Kingdom and the Agreement;
6.9.7. not use the Website for collecting, storing, and distributing personal data of other individuals.
6.10. The Administrator has the right to block the Performer's access to the Website and/or Personal Account and/or services (including paid services) in the event of the Performer's violation of the terms of this User Agreement, as well as in case the Administrator considers the Performer's actions illegal, fraudulent, or aimed at damaging the Website or undermining its reputation, organizing DDoS attacks, conducting phishing attacks, attempting to scan and hack the Website, etc.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property objects ("Website Content") that constitute the Website and/or are accessible by using the functional features of the Website, including but not limited to information, texts, materials, graphic elements, design, images, photos, and videos, music, scripts, computer programs, services, structure, are the results of intellectual activity, and all rights to them belong to the Administrator or other rights holders.
7.2. The Administrator grants the Performer a non-exclusive license to use the functional features of the Website for the purpose of creating a profile for individuals who have an account on the Website. This license is provided free of charge and is valid for as long as the Performer's account exists on the website and is not deleted or blocked. The license described in this section does not grant the Performer the right to issue sublicenses.
7.3. After paying the license fee according to the rules of clauses 1.2-1.5 of this User Agreement, the Administrator grants the Performer a simple (non-exclusive) license to use the functional features of the website, allowing the Performer to create a profile on the Site that can be accessed by users without an account. This license is granted for the duration specified in the advance payment according to the rules of clause 1.3 of this User Agreement. The validity of this license is suspended when the Performer's information is suspended according to the rules of clause 1.3 of this User Agreement. This license does not grant the Performer the right to issue sublicenses.
7.4. Other rights holders include Performers. It is presumed that Performers have intellectual property rights to the photographs they upload in their profiles.
7.5. The Performer grants the Administrator a simple (non-exclusive) license to publish, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute, including but not limited to, using for promotional purposes, the information that the Performer posts on the Site, throughout the world and during the term of the relevant rights to the posted information. The Performer guarantees that the materials they post do not infringe upon the rights and legitimate interests of third parties. In case third parties file claims with the Administrator or initiate legal proceedings against the Performer due to the posting of any information on the Site that infringes the rights of such third parties, the Performer undertakes to independently and at their own expense participate in the resolution of such disputes. The Performer agrees to compensate the Administrator for any losses incurred in connection with such disputes.
7.6. The Performer may use the Site's Objects solely for personal non-commercial purposes within the functionality provided by this User Agreement.
7.7. Any use of the Site's Objects other than as provided by the Site's functionality, including reproduction (copying by any means), distribution, making available to the public and/or public performance, modification, adaptation, supplementation, creation of derivative works and composite works, as well as any other use, including for commercial purposes (for profit), is not allowed without the prior written permission of the Administrator. Unauthorized use of the Site's Objects may incur liability as provided in Article 1301, 1311, Article 1515 of the Civil Code of the United Kingdom, Article 7.12, 14.33 of the Code of Administrative Offenses of the United Kingdom, and Article 146 of the Criminal Code of the United Kingdom.
7.8. Quoting the Site's Objects is allowed only in cases provided for in Article 1274 of the Civil Code of the United Kingdom. When quoting the Site's Objects, it is obligatory to indicate the name of the author and an active link to the Site.
7.9. In order to prevent/unauthorized use of the Site's Objects, the Administrator has the right to use any technical means of protection - technologies, technical devices, or their components that control access to the Site's Objects and prevent or restrict actions that are not authorized by the Administrator regarding the Site's Objects. In particular, the Administrator may limit the number of devices from which the Client can access the Site at the same time.
8. FINAL PROVISIONS
If any provision of this User Agreement is or becomes invalid, the legal validity of the other provisions of this Agreement shall not be affected. In place of the invalid provision, an effective provision that is economically closest to the desired result of the Parties shall be deemed agreed upon.
8.3. This User Agreement regulates exclusively the use of the Site by the Parties. This User Agreement does not establish agency relationships between the Administrator and the users of the Site, does not mediate the conclusion of service contracts between the users of the Site, and does not regulate other civil-law transactions.
8.4. Any disagreements and disputes between the Administrator and the Performer shall be primarily settled through negotiations. The Administrator and the Performer are obliged to observe the pre-trial written claim procedure for resolving disputes. The Performer sends a claim to the Administrator via email to [email protected]. The deadline for responding to the claim is 15 (fifteen) calendar days from the date of its receipt by the respective Party to this User Agreement.
8.5. This User Agreement is governed by the legislation of the European countries.