This agreement is entered into by and between Spark Management Limited (“Playjuice.com”) and you (“Model” or “Performer” therein “the Performer”).
- Playjuice.com an adult subscriptions-based platform that enables a Performer to upload your content behind a paywall which can be accessed by users for a fee. Playjuice is also the provider of internet video conferencing, web hosting and marketing services.
- The Performer is an entertainer who produces and performs original live entertainment for transmission and broadcast over the internet.
In this agreement:
“the Website” means www.playjuice.com “the Website”
“Access Fee” means a sum of money which the Performer is agreeing to be payable to Playjuice and which includes Playjuice’s fee of 20% for the Performer’s use of tools on the Website, third party, agency and referral fees collected by Playjuice on behalf of any third party or agency which the Performer agreed to.
“Content” means the text, software, scripts, graphics, items, photos, camera, and video camera real time or archived digital images, performance, sounds, music, videos, audiovisual combinations, interactive features, video chat sessions, recorded performances, and other similar materials created, performed by or posted by the Performer on the Website and which is capable of being purchased or which is viewed on or accessed through the Website.
“Users” means registered users of the Website.
Subject matter of the agreement
Playjuice.com has agreed to provide the Performer with access to tools, including technical, payment, marketing, and other facilities to allow the Performer to engage in lawful production and performance of entertainment for Users accessing the Website and the Performer has agreed to pay Playjuice’s Access Fee at a rate which is set out in the agreement.
Playjuice.com warrantees and representations
Playjuice.com agrees to grant the Performer access to the Website and to marketing, payment processing and broadcasting tools for the purpose of the Performer providing entertainment to Users in return for a proportion of the gross revenue which is generated by the Performer, and which is collected by Playjuice.com or on its behalf from time to time.
The Performer’s warrantees and representations
- The Performer will remain solely responsible for all of the Content and items offered for sale; and
- The Performer warrants and represents to be a person over the age of eighteen (18) years.
The Performer agrees to provide Playjuice.com with a truthfully complete identity questionnaire together with a genuine, acceptable, proof of age which shall include at least one coloured photographic document (passport, a driving licence or a national photo identification card).
Acts which are prohibited and/or are unlawful
- The Performer agrees that he/she will not violate any law concerning obscenity or portray depictions of sex involving any person under the age of eighteen (18) years of age or any form of child pornography, role-playing as non-adults, incest, torture, bestiality, fisting, necrophilia, urination, sexual threats, humiliation or abuse which do not form part of a clearly consenting role-playing game, rape or any form of physical restraint which prevents participants from indicating a withdrawal of consent.
- The Performer agrees that he/she will not solicit sexual services while using the Website for any sexual favours either monetary or gratuitously.
- The Performer agrees that all payments relating to the provision of content will be facilitated through Playjuice.com. The Performer further agrees not to arrange, facilitate, procure or use any other payment facility such as but not limited to Paypal, or any cash apps and at no time will the Performer provide any bank details to any other user other than to Playjuice.com in accordance with its cost and payment section below.
Responsibility for own property, equipment etc.
The Performer agrees to be solely responsible for his/her own performance, space, IT equipment to facilitate production, performance and creation of Content, costumes and for any other equipment which the Performer might use in the course of performing or creating Content.
Responsibility for own Content
The Performer is solely responsible and liable for Content he/she creates. The Performer warrantees that none of the Content:
- is insulting, threatening, damaging or defamatory.
- infringes copyrights, privacy or other rights.
- breaks the law or violates any law or other regulations.
- creates liability for Playjuice.com.
- is intended to infect the Website with a virus/worm or is intended to cause the Website to malfunction.
Minimum speed of internet connection
The Performer warrantees that he/she will at all times whilst performing on the Website use an internet connection with upload speed of at least 1mps.
Access and monitoring
Costs and payment
The amount retained by the Performer
- The Performer’s registration with the Website is free of charge.
- Playjuice.com will facilitate payment by Users to the Performer by way of payment to the Performer’s wallet.
- Payment to the Performer’s wallet may take up to 24 hours to appear in the Performer’s virtual wallet
- The Performer may then:
- choose to leave the payment in the wallet; or
- draw down payment to their bank account; or
- make payment for enhanced advertising features within the Website.
- A typical Access Fee is 20%
- Other charges that may apply include any foreign exchange rates/charges by the payment processing company.
Changes to Access Fee
- Playjuice.com is entitled to change the level of Access Fee by notifying the Performer of such change by way of email to the Performer’s registered email address or by announcing the change on the Website.
- Changes to Access Fee will take effect 14 days after the change has been emailed or announced and will be deemed to be accepted by the Performer unless the Performer informs Playjuice.com that he/she does not accept the change and wishes to terminate this agreement immediately upon notification by the Performer of the change.
- The Performer will provide complete, up-to-date and correct registration information and information about his/her bank account and will keep this information up-to-date, current and correct.
- The Performer acknowledges Playjuice.com’s role as agent, which among other things processes payments due to the Performer from Users and that Playjuice.com is not a party to any transaction between the Performer and Users.
- The Performer will set his/her own performing rates.
- The Performer agrees and acknowledges that Playjuice.com is not a party to and is not responsible for any dispute between a User and the Performer.
- The Performer agrees that should payment that had been paid to, is due to be paid or which is due to be credited to the Performer by a User be called back, reversed, cancelled or failed to be authorised for whatever reason, Playjuice.com is entitled to recover the payment from the Performer by debiting the sum from other amounts which are otherwise due to the Performer or withhold or refuse such payment as applicable.
- Playjuice.com has a right to reserve 5% percent of any amount which is due to the Performer in relation to each payment by a User for a maximum of 90 days to cover potential payment cancellations and chargebacks.
- Playjuice.com may suspend the Performer’s right to make payment if, at its own discretion, Playjuice.com suspects that the transaction which relate to a User is based on a factual error or is fraudulent, and within 7 days of its decision to suspend, it will notify the Performer about the suspension.
- Playjuice.com is not liable to the Performer or to third parties for any loss suffered by the Performer as a result of Playjuice.com’s decision to:
- suspend the Performer’s right to payment.
- impose transaction limits.
- exercise its right to reserve.
- cancel payment; or
- issue a refund to Users.
- Playjuice.com is not required to pay the Performer interest on any balance which it may hold on behalf of the Performer.
Suspension/termination of Accounts
Due to criminal activity
Playjuice.com may without prejudice to any other legal remedy, suspend or terminate the Performer’s Account if actions on the part of the Performer cause Playjuice.com to reasonably suspect that there is any form of involvement or association with fraudulent activities, money laundering, computer crime, or any other serious crime or if Playjuice.com is unable to verify the correctness of the information provided by the Performer or if it believes that the Performers use of the Website is carried out with the intention of causing harm to Playjuice.com or a User.
Generally, an account is considered inactive when there is no User initiated activity or contact for a period of one year. Inactive accounts will be deleted after 12 months of inactivity and any unclaimed payments will be forfeited. You must access your account at least once every 12 months in order to avoid account termination. Additionally, Playjuice.com reserves the right to delete/delist a Performer’s account in the event that Playjuice.com considers that a Performer has not posted content during any 28-day period.
Own original Content
- The Performer represents that he/she created and thus owns or has obtained all intellectual property rights, interests, and licenses in the Content.
- The Performer may not reproduce in the Content, any copyrighted material, trademarks, service marks, or other proprietary information of third parties without obtaining the prior written consent of the owner of such proprietary rights.
Rights in Content
- The Performer grants Playjuice.com a non-exclusive, worldwide, uninterrupted, irrevocable, royalty-free, and transferable (via several third parties) licence to exercise the copyrights, trademarks, publicity and database rights with respect to the Performer’s Content to the extent that this is necessary to operate the Website and related services. With the rights granted herein, Playjuice.com may, without limitation, use, distribute, reproduce, display, perform, publish, modify, adapt, translate, transmit, market, import, export, promote and/or create derivative works of the Content in any medium or technology whatsoever, now known or to be developed in the future. The Performer further agrees that Playjuice.com shall be the sole owner and holder of all copyrights and all other proprietary rights in and to any and all derivative works created from the Content.
- Playjuice.com grants the Performer a non-exclusive, non-transferable, royalty-free, revocable worldwide sublicense to use Playjuice.com’s name, trademark or service mark for the purpose of marketing activities on or in relation to the Website.
- The Performer may not use Playjuice.com or any of its intellectual properties to promote or solicit any website or internet service other than that of Playjuice.com
Indemnity and limitation of liability
The Performer shall indemnify and hold harmless Playjuice.com, its officers, directors, employees, its consultants, and agents against any and all harm including, but not limited to, expenses and losses (including reasonable solicitors’ fees and costs) directly or indirectly incurred by Playjuice.com in connection with any claims of any kind by any party arising from the breach of any terms, conditions, warranties or representations made by the Performer in this agreement.
Relationship between the Parties
- Nothing in this agreement shall be construed as creating a relationship of employer and employee between Playjuice.com and the Performer.
- The Performer shall conduct his/her business at its own cost, expense and liability.
- The Performer represents that he/she shall be solely responsible for any applicable insurance policies and all taxes associated with the revenue received from the sale of goods and services that are generated through the Website.
- The Performer agrees that he/she is solely responsible for the Content. The Performer acknowledges and agrees that Playjuice.com may, at its sole discretion, delete and/or modify any aspect of the Content, including without limitation messages, photos or profiles, that, in Playjuice.com’s sole discretion, violate the terms of any of its respective agreements or polices with the Performer and/or with third parties and the Performer warrants that he/she will have no legal claim for damages or otherwise in connection with or in relation to any loss that the Performer or any third party might suffer as a result of such deletion/modification.
Termination of the agreement
- The Performer may terminate this agreement free of charge at any time by closing the Performer’s account. The Performer may close an account from the My Account page settings on the Website or by emailing [email protected] and requesting an account closure.
- Playjuice.com may terminate this agreement at any time without prior notice and at its sole discretion, in the event that:
- it is compelled to do so by a court of law or by other legal enforcement authority.
- termination of this agreement is needed to prevent the commission of an unlawful act by the Performer or by a third party.
- the Performer is investigated or prosecuted for a crime.
- the Performer has violated a material term of this agreement or an act or omission by the Performer that led Playjuice.com to believe that it does not intend to comply or is not capable of complying with a material term of the agreement.
- the Performer is deemed to be a repeat infringer of the terms of the agreement.
- Playjuice.com elects at its discretion to cease providing access to the Playjuice.com in the jurisdiction where the Performer resides or from where the Performer is attempting to access the Website.
- In the event that the Performer’s account has been closed or terminated, any and all Content residing in the account, or pertaining to activity from the account may be irretrievably deleted, except to the extent that Playjuice.com is obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect Playjuice.com’s legitimate business interests or the interests of other Users.
- Playjuice.com assumes no liability for any material that is irretrievably deleted following any termination of account.
Post termination of agreement
- The provisions of this agreement that are intended by their nature to survive the termination or cancellation of this agreement will survive the termination of this agreement, including, but not limited to, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire agreement, and Applicable Law and Jurisdiction, respectively.
- Upon termination of this agreement or any other termination of the use of the Website:
- the Performer remains responsible for all cancellations and recovery costs; and
- either party to this agreement remains responsible for the fulfilment of any outstanding liabilities and/or remaining obligations to the other party.
The Performer agrees and understands that the Website is provided by Playjuice.com on an as is and as available basis, without warranties or guarantees of any kind whatsoever, whether express or implied, including but not limited to warranties of fitness for a particular purpose, or warranties or guarantees of profitability or User’s usage.
The Performer acknowledges that this agreement and all agreements incorporated by reference herein may change from time to time with notices given to the Performer by electronic mail, link to web page, click through agreement, or any other media or method Playjuice.com chooses. Therefore, it is important for the Performer to read all such notices as listed above when announced via the Website. The Performer’s continued use of the Website will be considered as acceptance to the terms of the agreement and/or any modification to this agreement.
Assignment to third parties
Playjuice.com may assign its rights and (where permissible by law) its obligations under this agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Spark Management Limited. The Performer may not assign this agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Playjuice.com.
Should one or more provisions of this agreement, be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
- The Performer agrees that Playjuice.com may serve notices pertaining to the agreement, including those regarding changes to the terms, by email to the email address the Performer specified when signing up to the Website.
- The Performer confirms that the email address specified when you signed up is a current and valid email address for receiving notice, and that he/she is able to send and receive email in connection with this email address.
- The Performer may send Playjuice.com notices by using the Contact Support page. Playjuice.com will consider an electronic notice as received by it only when its server receives the electronic message. Playjuice.com may change its contact information by posting the change on the Website.
- The Performer agrees to check the customer support area of the Website for the most current information for sending notice to Playjuice.com
Enforcement of rights
The Performer agrees that if Playjuice.com does not exercise or enforce any legal right or remedy which is contained in the agreement, this will not be taken to be a waiver of Playjuice.com’s rights and that those rights or remedies will still be available to Playjuice.com.
Applicable Law and exclusive jurisdiction
The terms and your relationship with Playjuice.com shall exclusively be governed by English law. The Performer and Playjuice.com agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the terms. Notwithstanding this, the Performer agrees that Playjuice.com shall still be allowed to apply for injunctive remedies or other equivalent types of legal remedy in any jurisdiction.
This agreement may be executed in counterparts, which together shall constitute one agreement.
Spark Management Limited is a company incorporated under the laws of England & Wales and with its registered address place at 146 Lancaster Road, Enfield, England EN2 0JS. You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].