Terms and Conditions
TERMS & CONDITIONS OF USE AND SALE OF THE
WEBSITE - https://NaftyBabes.com
IMPORTANT – PLEASE READ THE FOLLOWING DOCUMENT CAREFULLY BEFORE CREATING AN
ACCOUNT OR USING THE SERVICES OF THE WEBSITE, AND KEEP A COPY THEREOF.
BY CONTINUING TO BROWSE, YOU UNDERSTAND AND ACCEPT THAT BROWSING THIS SITE AND
THE PRESENT TERMS & CONDITIONS OF USE AND SALE ARE SUBJECT TO ROMANIAN LAW,
AND THE JURISDICTION OF ROMANIAN COURTS.
PREAMBLE
Nudex Worldwide Model Casting Agency whose
headquarters are based in Bul.
Dimitrie Cantemir, Nr. 21, Bloc 4 , Scara C, Etaj 5, Ap. 85, Bucharest, Romania, registered in the Commercial and Companies
Register under the number 40651407.
It provides content-sharing services between Models
and Members through its website available at the following address https://NaftyBabes.com
Models can thus present the Content they wish via
their Account, in a public or restricted manner and within the framework of the
use of our Services, whereas Members can consult this Content.
As part of this activity, a special portal is made
available to the Models at the following address: https://models.naftybabes.com
The purpose of this document is to define the terms
and conditions of use of the Website Services by the Models, as well as the
sale of services via the Website.
The Terms & Conditions of Use applicable to
Non-Model Members of the Website are available at the following address: https://naftybabes.com/terms-and-conditions
Before Registering, Models must check that the
Services provided by NAFTYBABES are suited to them by ensuring that they:
- fully read the present
Terms & Conditions;
- consult the
information available on the Website.
Furthermore, Models expressly recognize that they
have benefited from full pre-contractual information from NAFTYBABES, in
particular through the prior provision of the Terms & Conditions.
ARTICLE 1. Definitions
The following terms and expressions shall, when
preceded by a capital letter, for the purposes of the interpretation and
execution of this Agreement, be read as follows:
|
Member |
Refers to any adult
visitor registered or not on the Website, and wishing to have access to the
Services and the Contents |
|
Member |
Refers to any Member
registered on the site having subscribed to the platform |
|
Account |
Designates the space
reserved for the Model on the Website, created when signing up |
|
Terms & Conditions |
Refer to the terms and
conditions of use and of sale that are the purpose of this document |
|
Registration |
Refers to the act for a
Model to register in that capacity on the Website for the purpose of
benefiting from the Services |
|
Model |
Designates any natural
person who has created a "Model" account on the page reserved for
this purpose, and publishes Content online on this Website |
|
Parties |
Refers to NAFTYBABES and
the Model |
|
Services |
Refers to the services
offered by NAFTYBABES to Members and Models on the Website |
|
Content |
Refers to the photographs
and videos posted on the Website by the Models, privately or publicly |
|
Website |
Designates the website
accessible at the following URL: https://NaftyBabes.com as well as all the
functionalities accessible on it |
ARTICLE 2. Scope
The present Terms & Conditions of the Website
govern and define the terms and conditions of use of the Services provided by NAFTYBABES
to the Models on the Website, in particular the sharing of Content, the sale of
services and Content by the Models via the Website, the terms of their
remuneration, and more generally any use of the Website by the Models.
These Terms & Conditions are accessible at all
times on the Website at the following address: https://naftybabes.com/terms-and-conditions
They are submitted to the Member prior to
Registration on the Website.
The Model is required to read the General
Conditions and guarantees that they have accepted them, prior to registration,
by ticking the box provided for this purpose.
Failure to accept the Terms and Conditions prevents
any Registration.
The Parties agree that their relationship will be
governed exclusively by these Terms and Conditions.
Any derogation from the General Conditions can only
be enforced against the Parties if it has been duly accepted and formalized in
a writing signed by the latter.
The fact that one of the Parties does not sanction
a behavior that derogates from the General Conditions does not imply acceptance
of the derogatory behavior, nor does it waive the perpetrator.
These Terms and Conditions may be subject to
further changes. NAFTYBABES reserves the right to modify them at any time.
In case of update of the General Conditions, they
must be accepted again by the Model prior to accessing the Services.
Any modification will be directly opposable to the
Model as soon as it is brought to his knowledge.
The Website is available for free on the internet
and is accessible to all provided they have access to the Internet.
The Website allows Models to monetize certain
content from Members.
The financial conditions and implementation of this
monetization are governed by the provisions of the General Conditions, to the
exclusion of any other contractual document, unless expressly stated.
All costs related to access to the Website such as
hardware, software or Internet access costs, are exclusively the responsibility
of visitors to the Website who are solely responsible for the proper
functioning of their equipment and their Internet access.
It is their responsibility, in particular, to check
the deactivation of all filters and other software that may block access to the
Website, or to put them in place, if necessary, after consulting the Website
for the purpose of protecting minors.
In the event that one or more of the provisions hereof
would be considered illegal, unenforceable or unenforceable by a court
decision, the other notices will remain in force.
The fact that one of the Parties does not avail
itself of an undertaking by the other Party to any of the obligations referred
to in the General Conditions, can not be interpreted for the future as a waiver
of the obligation under cause.
ARTICLE 3. Modality of
access to the Website
3.1. Purpose of the Website
The purpose of the Website is to allow the Model to
share Content with Members under the conditions set out below.
3.2. Access to the Website
Access to the Website is strictly reserved for
adults.
Its access is strictly forbidden to minors, as
defined by the relevant national legislation.
Only persons of legal age according to the
legislation of their country, and in any case older than 18 years old can
create an account as a Model.
NAFTYBABES encourages parents to monitor the use
made of all Internet access by their children, and recommends the
implementation of parental protection measures, content filters and other
protection software.
NAFTYBABES endeavors to provide, but does not
guarantee, 24/7 access to its Website, except in the case of force majeure or
an event beyond its control, and subject to possible maintenance interventions
that are necessary for the smooth running of the Website and/or interventions
to improve and/or modify the Website itself.
Whenever technically possible, NAFTYBABES will
forewarn the Models of any foreseeable interruption twenty-four hours
beforehand.
In no case will NAFTYBABES be held responsible for
any interruptions in access to the Website or their consequences, whatever the
extent, except in the case of gross negligence or intentional misconduct on the
part of NAFTYBABES, directly leading to the said interruption in access.
3.3. Security and viruses
It is up to each Model and more generally to any
person visiting the Website, to take all appropriate measures to protect
himself against the contamination of his data, software or hardware by viruses
circulating possibly through the Website or information that are published on
it, and manage its data backups.
It is up to the Model, and more generally to anyone
visiting the Website, to take all appropriate measures to prevent the spread of
viruses through the Website or the information published on it.
The Model expressly accepts and acknowledges that
the use of the Website is carried out under his own supervision only, and that
he is entirely responsible for any damage or damage to his computer system or
to any internet access terminal and any loss of data that may result from
downloading or using the Website.
3.4. Use of the Website
The Model agrees to use the Website in compliance
with all the stipulations herein.
The Model expressly agrees that use of the Website,
information and tools included or accessible via the Website is under his own
responsibility.
The Model agrees not to perform any download or
operations, or to adopt any behavior of any kind on the Website which could
have the effect of hindering the proper functioning, whatever way it is.
In any case, the Model is solely responsible for
damages of any kind that may be caused by his actions on the Website.
The Model shall refrain from any action likely to
harm the reputation of the Website, NAFTYBABES, or the personality of its
executives, employees, partners, including other Models or Members registered
on the Website.
3.5. Independence of the Parties
The Model understands and agrees that NAFTYBABES
performs only a hosting service of the Contents shared by the Model, and the
provision of Services.
NAFTYBABES only acts as a technical intermediary
between the Models and the Members within the framework of the Services, as
defined and supervised by the General Conditions.
The Model remains free to set its level of activity
on the Website, as well as to determine the frequency and type of Shared
Content, in accordance with the General Conditions, applicable laws and
regulations.
The Model is free to cease its activity through the
Website at any time, or to contract with other partners to perform the same or
similar services.
NAFTYBABES does not carry out any editorial control
of the Contents shared by the Model, with the exception of verifications
relating to the conformity of the Contents with the General Conditions, as well
as to the legislation and regulations in force, relating in particular to the
protection of minors.
No relationship of subordination between NAFTYBABES
and the Model is created by the acceptance of the General Conditions, or by the
use of the Services.
ARTICLE 4. Access to
Services
In the context of the use of the Services, the Member
guarantees to provide NAFTYBABES exclusively truthful information, up to date
and, more generally to behave in good faith.
The Model guarantees, in particular, that all the
information communicated concerning its identity is accurate and complete.
Any attempt at identity theft will result in the
deletion of the offending account, without prejudice to possible legal
proceedings.
This commitment is determinant of her right to
continue the use of the Website and Services, regardless of any sums due, if
any, by NAFTYBABES to the Model.
4.1. Registration Procedure
In order to use the Services, the Model must
register and create an Account.
The creation of the account is done through the
form available at the following address: https://models.naftybabes.com/register , accessible via the button
"registration", present on the homepage.
The Model then has the choice between a connection
through its account FACEBOOK, or the creation of an account with NAFTYBABES
directly.
4.1.1. Account Ownership
The Model understands and accepts that created
Accounts are unique, nominative and personal.
Accounts are unique, which means that each
individual can only create one Account.
The Accounts are nominative, which means that the
natural person who created the account must necessarily be the same person as
that contained in the Contents, and must necessarily be the beneficiary of the
payment of the sums paid under the General Terms and Conditions, if applicable.
The Model also undertakes that all the information entered during the Creation
of the Account, or when it is updated, is complete, accurate and specific to
the person who created the Account, appearing on the Contents, and benefiting
from the amounts paid under the General Conditions.
The Accounts are personal, which means that the
Model is prohibited from allowing, directly or by negligence, the connection by
a third party to its Personal Account.
4.1.2. Registration via Facebook
The creation of the Account through a Facebook
account is done through the dedicated button "Registration with
Facebook".
The Model is then redirected to the FACEBOOK.COM
site, in order to authenticate.
She is then informed of the details sent by the
FACEBOOK company to NAFTYBABES.
This information includes:
- name,
- profile picture,
- email address.
She is also informed that his registration does not
allow NAFTYBABES to publish on Facebook.
The Model has the possibility, before registering,
not to transmit her email address by clicking on "Edit this".
In the event of registration through a FACEBOOK account,
the Model guarantees that the FACEBOOK account used for her registration is her
personal and registered account, and that all the information transmitted by
FACEBOOK to NAFTYBABES is accurate and complete.
4.1.3. Standard registration
If he chooses the Standard Registration, the Model
is then asked to enter a pseudonym, which will be used to identify him, as well
as an e-mail address.
The Model must, in addition, choose a password with
a sufficient level of security and must keep it strictly secret.
The CNIL considers that a good password must have
12 characters and 4 different types: lowercase letters, uppercase letters,
numbers and special characters.
This password must not disclose any information
about the Member and be specific to the Website and his Account.
The Model must then accept these Terms and
Conditions.
A confirmation e-mail, containing a confirmation
link for the Registration, is sent to the filled-in address.
By clicking on the confirmation link, the Member
completes his Registration on the Website.
4.2. Model Account Update
The Registration gives access to the Model to pages
that are dedicated to her Account on the Website at the following address:
https://models.naftybabes.com/
The information of certain information within the
Account is necessary to the payment of sums due by NAFTYBABES.
The Model undertakes to maintain permanently on its
Account complete information and faithful to her situation, and, consequently,
to modify her Account with each change of situation.
The Model can update their account information by
adding a picture or cover image, as well as a profile picture.
The Model undertakes never to use photographs that
are likely to infringe public order, in any way whatsoever, or that infringe on
the rights of others, particularly copyrights, or that are illegal.
The Model also agrees not to use nude photos, or
topless as a profile photo, or an illustration photo of her profile, called
"cover".
4.2.1. Model Profile Update
This page is accessible by clicking on the button
"manage my profile".
Through this page, the Model can update her profile
information whenever he wants.
The categories of the profile that can be completed
are the pseudonym under which the Model wishes to be identified when publishing
her Contents, a biographical description "bio" that will appear in
the public profile of the Model, her city, key words that will identify it, as
well as her contents within the search engine in particular.
The Model also has the opportunity to enter
information about her presence on social media, namely her Instagram account,
the URL of his Facebook profile, her Twitter account, her Snapchat account with
direct links.
This information will be shared on his profile, and
allow Members to access these pages in one click.
By default, NAFTYBABES allows its partner sites to
promote Models, in order to increase their visibility.
This means that, as long as the option to promote
on partner sites is accepted, they can, if they choose, post on their sites or
their social networks the Content that the Model has defined as
"public".
The Model may choose at any time to refuse the
promotion of her profile on partner sites by unticking the corresponding option
on the profile page.
The Model may also choose to dereference her
profile from the homepage of the Website and from the search engine integrated
into the Website.
In this case, only Members accessing their account
directly through a direct link will be able to access Content shared by the
Model.
4.2.2. Model Login IDs Update
The Model can, if she wishes, modify her password
by filling in her old password and then indicating the new password.
The Model Account is strictly personal, and the
Account agrees to keep her password secret and not to disclose it to any third
party for any reason whatsoever.
Any connection or use of the Model Account by a
third party may result in the suspension or deletion of the Account by NAFTYBABES,
to the exclusive wrongs of the Model, without any payment of sums due by NAFTYBABES
Model being required .
In case of loss or forgetfulness of his password,
the Model will have to reset it without delay by using the button
"forgotten password" then by entering the email address previously
indicated and linked to her account.
The Model is solely responsible for the
consequences of the use of her Account and acknowledges that any connection or
transmission of data made using her Account will be deemed to have been made by
it.
4.2.3. Model's Personal Information Update
To complete her profile and obtain a verification
badge, the Model must provide her personal information, so that it can be
identified by NAFTYBABES.
This information includes first and last names,
date of birth, address, postal code, city, country and a mobile phone number.
The Model may also provide, if she wishes, the
company name and its VAT number.
4.2.4. Payment details Update
In order to receive funds from NAFTYBABES, and in
order to obtain a certification badge, the Model must fill in her payment
details.
These coordinates take the form of an IBAN / BSD
number, as well as a SWIFT / BIC number corresponding to the details of the
bank account in which NAFTYBABES will pay the sums due under the General
Conditions.
It is up to the Model to enter accurate bank details.
The model can also enter as payment details a
PayPal address on which she wishes to collect the sums due under the General
Conditions.
When the Model enters her payment details for the
first time, she must also indicate whether she acts as a registered
professional or individual.
The Model undertakes to inquire into the legal
obligations applicable to her use of the Services and in particular in the
event that she earns regular revenues from her use of the Services.
In the case where the Model acts as a professional,
she must provide:
- the unique company
identification number or equivalent identification number applicable
to her company in his country of origin;
- her intra-community
VAT number, if applicable;
- the name and contact
details of her business.
This information can then be modified if necessary,
just as the Model can, if necessary, change her status. In the absence of
communication through the page "Payment details" of payment details, NAFTYBABES
will not be able to transmit funds to the Model, and will be released from its
obligation, until the indication of valid payment details.
In the event of a transfer made to a wrong
recipient as a result of a wrong entry of payment details of the Model, the
responsibility of NAFTYBABES can not be sought, and it will be up to the Model
to take the necessary steps to recover the funds, on her behalf and for his own
account, at her own expense.
4.2.5. Profile ID Verification
The Model can obtain a certification badge, in the
form of a symbol added to her pseudonym, which will increase her visibility on
the Website.
You will need on your User account page to upload a valid form of ID and
two photos of you in accordance with the requirements set out by the third party KYC provider vouched.id
ARTICLE 5. Content sharing
5.1. Content Sharing Procedure
The Model can share photos and videos through the
home page of the https://models.naftybabes.com site.
By clicking on the "+" button on this
page, the Model can share a photo or video.
The Model must then indicate whether she wishes to
make the Content public or not.
In the event that the Model chosen to make the
Content public, it is made accessible to all Members and visitors of the
Website, registered or not, and is visible without blur on the public profile
of the Model.
If the Model decides not to make the Content
public, it will not appear on the homepage of the Website, and will appear
"blurred" on the public profile of the Model.
Only Subscribed Members may have access to the
"unblurred" version of the Content thus shared.
The Model undertakes not to disseminate non-public
Content of any kind whatsoever, in particular by posting it on other platforms
or social networks.
5.2. Nature of Contents
The Model understands and agrees that the Shared
Content must have the Model as its exclusive purpose, and must consist
exclusively of photographs, or videos.
The Model is solely responsible for the nature and
content of the Shared Content.
The Model is responsible for the compliance of the
Content with the General Conditions, as well as the legislation and regulations
in force.
The Model understands and accepts that Public
Content may not contain full nudes, or topless.
Integral naked means the direct and visible
representation of the model's genitals.
Topless is the direct and visible representation of
the model's nipples.
The representation of Pornographic Content within
the Public Content is also prohibited.
5.3. Intellectual Property of the Contents
The Content shared by the Model is and remains the
exclusive property of its holder.
The Model grants NAFTYBABES a non-exclusive license
to share this Content as part of the Website, and, if the option is activated,
via partner websites (Affiliate Networks)
The Model also grants NAFTYBABES a non-exclusive
license to share Content on the NAFTYBABES social networks, which are publicly
accessible:
- on Instagram at the
following address: https://www.instagram.com/naftybabes/
- on Facebook at the
following address: https://www.facebook.com/naftybabes.com/
- on Twitter at the
following address: https://twitter.com/naftybabes
The Model guarantees that she is in a position to
grant this license.
She also guarantees that she is the owner of all
rights, or has all the authorizations necessary to accept the Terms &
Conditions.
The Model guarantees NAFTYBABES against any legal
remedy, claims, action or conviction that may be taken against it by the holder
of an intellectual or industrial property right, or in terms of image rights
concerning the shared Content, or part of the Content such as the audiovisual,
graphic, digital, textual or audio data.
The Model undertakes to pay for all costs of legal
proceedings, damages and financial penalties against NAFTYBABES for any dispute
linked to the publication of Content shared by the Model on the Website.
The Model recognizes that the guarantee granted is
not limited in time.
The license granted concerns proprietary copyright,
protecting the Content where appropriate, as well as the image rights of the
Model, who understands and accepts that the Content will be published on the
global Internet infrastructure under the conditions determined by the Terms
& Conditions.
NAFTYBABES undertakes to ensure, to the best of its
ability, the protection of the Models’ rights, and respect of their private
life.
Within this framework, NAFTYBABES undertakes to ban
any Member derogating from current legislation, or from the Terms &
Conditions of use for Members.
NAFTYBABES also undertakes to collaborate in good
faith with any Model wishing to exercise her rights in justice against any Members
on the basis of invasion of the Model’s privacy, or violation of her
intellectual property or personality rights (image rights in particular) by
providing her with the necessary information of which it disposes.
5.4. Sanctions for non-compliance with the rules
relative to Content
Any violation of the stipulations of the present
Article could lead to the suspension or deletion of the Model’s Account, in
relation to the seriousness of the violations, and at the sole discretion of NAFTYBABES.
In the case of a serious and/or repeated violation
of the rules relative to Content, NAFTYBABES could end the contractual
relationship it has with the Model, due entirely to her, without payment of
sums due by NAFTYBABES to the Model as part of a fixed allowance, apart from
any possible damages that may be sought before the court.
Any violation of the mandatory legal or regulatory
provisions, in particular relative to the protection of minors, or relative to
misused identity, could also reported to the competent authorities.
ARTICLE 6. Services
6.1. Subscriptions
The Website offers Members the possibility to
subscribe to the website
The subscription consists of a monthly, quarterly
and half-yearly recurring payment by the Member, collected by NAFTYBABES.
The monthly rate of the Subscription is determined
by the NaftyBabe.
The amounts thus collected are then partly paid to
the Model, according to the stipulations of the Article “Collection of Earnings”.
In return for payment of a subscription to a Model,
the Subscribed Member obtains access to the Content shared by ALL the Models in
‘non-public’ mode without ‘blurring’.
ARTICLE 7. Collection of
Earnings
The following give the Model the right to collect
earnings: subscriptions to her profile, sale of private media and the payment
of gratuities via the Website.
7.1. Price of Services
The current rates applicable to Member Services
will be determined by NAFTYBABES, which are as follows:
- $19.99 (before tax)
per month for each Member;
- $49.99 (before tax)
per quarter for each Member;
- $09.99 (before tax)
for six months for each Member
The amount including all taxes will then be
determined in relation to the geographic location of the Member, and does not
enter into consideration in determining the Model’s remuneration.
Member Payments are exclusive of VAT, which
shall be added at the current rate as applicable to Member Payments.
7.2. Applicable payout rate
NAFTYBABES undertakes to pay the Model up to 50% of
Direct Sales for Crypto Payments (Nafty) and up to 35% of Direct USD sales.
NAFTYBABES undertakes to pay the Model percentage %
from the Model Pool based on two factors
· Number of referred members by the model. Payout
is determined based on the % of referred members based on the total referred
members from all models. For example, if all models referred in total 10,000
members and the model reffered 1000 from them, the model will receive 10% of
the model pool in addition to the direct Sale fee received.
·
The model
uploading at least 30 photos or videos on the Platform (failure to upload will
make the model non eligible to receive the payout)
The model pool
is formed in the following way
25% of
affiliate sale with Nafty Token
17.5% of
affiliate sale with USD
50% of
non-affiliate sale with Nafty Token
35% of
non-affiliate sale with USD
For USD
payments, 15.5% are allocated to the Payment Processor (verotel.com) and 10%
for holdback (for chargebacks purpose). After the deduction, if there is
affiliate, 50% of the remaining sale is allocated to the affiliate, 25% to
Model Pool and 25% for NaftyBabes. If there is no affiliate, 50% of the amount
after processing and holdback is allocated to model pool and 50% for
NaftyBabes.
7.3. Provision of Earnings
The total amount of the sums due by NAFTYBABES to
the Model is displayed on the following page: https://models.naftybabes.com/balance,
accessible from the home page.
This page indicates the validated earnings, i.e.
the earnings that can be paid immediately by NAFTYBABES to the Model,
It also indicates the earnings pending, i.e. the
earnings that shall be considered as validated, and that can be paid by NAFTYBABES
to the Model once the following waiting times have expired:
- 21 days from payment
of the payment by the Member
Nevertheless, in the case where the Model is acting
as a professional, her earnings cannot be paid to her before receipt of the
invoice concerned, following a request for an invoice by NAFTYBABES.
7.4. Fraud
In the case of a financial transaction flagged as
potentially fraudulent by payment organizations or banking institutions, or in
the case of suspicious activity on any Member’s account, NAFTYBABES could label
the Member Account as a “Monitored Account”.
By way of derogation from the stipulations of the
present Article, NAFTYBABES reserves the right to withhold the amounts paid via
a Monitored Account for a maximum duration not exceeding six months from the
date of payment, or until the legitimate nature of the payments is established.
The amounts withheld in this manner will be
considered as “Earnings Pending” until the deadline expires, or their
legitimate nature has been established.
In the situation where more than one third of Members
subscribed to a Model are labeled as Monitored Accounts, NAFTYBABES may decide
to suspend the Model’s account, and may consider all amounts paid to the
Model as amounts paid by Monitored Members.
7.5. Tax provisions
The Model is responsible for carrying out all the
tax, administrative and regulatory procedures necessary to conduct her
professional activity on the Website.
The Model guarantees that NAFTYBABES is protected
from all damages on this basis.
A monthly summary detailing the sources of the
Model’s earnings is sent to her by NAFTYBABES.
An annual summary is also sent at the end of each
calendar year.
NAFTYBABES recommends that the Model contact the
relevant tax administration to determine the tax regime applicable to her
activity.
7.6. Method of payment of earnings
The Model may request at any time the payment of
her validated gains to NAFTYBABES, provided that the total sum paid is not less
than 100 USD.
In case of request for payment of the gains by the
Model, it will take the form of a bank transfer to the account indicated in the
Profile of the Model within 7 days of the receipt of the request by NAFTYBABES,
or of a PAYPAL transfer.
ARTICLE 8. Deletion of the
Model's Account
8.1. Intentional Deletion of the Model’s Account
The Model can, at any time, request that NAFTYBABES
delete her account.
This request may be formulated via the “DELETE
ACCOUNT” button, present on the Model’s profile, or by sending an email to the
following address: [email protected], by indicating “DELETION” in the
subject line, which should be sent from the email address associated with the
Account.
If the email request is sent in accordance with the
requirements of the present Article, NAFTYBABES undertakes to delete the
account and all the associated information within fifteen days following
receipt of the email.
Any request to delete an account is definitive.
8.2. Deletion of Model’s Account due to Inactivity
In the case of inactivity of a Model’s Account for
a period of more than one year, NAFTYBABES will delete the Model’s Account.
‘Inactivity’ shall mean the period elapsed since
the last connection to the Model’s Account.
In the case of suspension of the Model’s Account
for any reason, including violation of the present Terms & Conditions,
which remains unresolved after a period of more than one year, NAFTYBABES will
delete the Model’s Account.
8.3. Effects of the Deletion
Deletion of the Account will lead to deletion of
all Content shared by the Model from NAFTYBABES servers, and the suspension of
all payouts and other Services associated with the Model’s Account.
Concerning the earnings not withdrawn at the time
of account deletion, the Model can claim the balance of her account by writing
to [email protected] Payment of the amounts shall take place at the end
of the period of validation of earnings stipulated in Article 7.3.
In the case of deletion of the Account, the
earnings not withdrawn for which the Model has not requested payment from NAFTYBABES,
will be considered as acquired by the latter after a period of 5 years
following the date of deletion of the Account.
ARTICLE 9. Code of good
conduct
9.1. Code of good conduct
When browsing the Website, and particularly when
sending requests for private media communication, the Model agrees and
guarantees that she will not violate any legal or regulatory provisions, and
that she will not have no behavior contrary to public order and morality and in
particular:
- to achieve or obtain
paid sex;
- encouraging or
condoning violence;
- condoning or
encouraging any form of discrimination on the basis of race, ethnicity,
religion, disability, sex, age, sexual orientation / gender identity;
- inciting hatred;
- presenting a racist,
homophobic or discriminatory nature;
- constituting
defamation or insult;
- constituting any
threat whatsoever against a Model (or anyone);
- constituting
harassment;
- constituting an
unauthorized disclosure of personal and / or confidential information of
third parties, including Models and other Members, including names, first
names, addresses, social media, telephone numbers, e-mail addresses of
natural persons identified by pseudonyms, or any other element allowing
their identification, or infringing their private life.
The Model guarantees on the contrary that she will
use the connection tools with the Models and NAFTYBABES in good faith, for the
sole purpose of allowing the realization of the Services, in accordance with
the present General Conditions.
The Model is informed that NAFTYBABES can verify
the content of communications between Members and Models.
For all the services provided as part of the
Website, the Model irrevocably undertakes to use exclusively the Services set
up by NAFTYBABES and never to act for the purpose of circumventing the system
of payment of sums placed in place on the Website.
The Model is thus prohibited for example from
asking Members for the payment of sums of money for services performed on the
Website, but through a bias other than the Website.
The Model shall in particular refrain from any
infringement of the legislation protecting minors, and their image.
Any infringement of this legislation that will be
brought to the attention of NAFTYBABES will be subject of an immediate
denunciation to the competent authorities, and a communication to the
authorities of all information in the possession of NAFTYBABES.
The Model agrees not to share any Content that
identifies a minor physical person, as defined by applicable law, or, in any
event, under 18 years of age at the moment of the creation of Content.
Failure to comply with the provisions of this
article may result in the suspension of the Account, and termination to the
exclusive wrongs of the Model of any Contractual Relationship uniting her to NAFTYBABES,
without prejudice to any other damage the remedy of which may be sought in court.
9.2. Code of good conduct Members
NAFTYBABES pays particular attention to the
establishment of a climate of trust between Models and Members.
Therefore, Members are bound by commitments to
respect the personality of the Models, their privacy, and their particularly
strict rights.
NAFTYBABES encourages the reporting of any abusive
behavior against the Model by Members or other Models.
This type of behavior will result in an immediate
suspension of the offending account, without prejudice to any damages that
could be claimed in court by the Model or NAFTYBABES, as the case may be.
NAFTYBABES undertakes to collaborate with the Model
in the context of any legal action resulting from this type of behavior.
The Model undertakes to report any violation of the
provisions of this article to NAFTYBABES.
9.3. Non-Compliance with the Terms &
Conditions
In the case of non-compliance with the Terms &
Conditions by any Member, including the Model, leading to the introduction of
special procedures by NAFTYBABES, a flat fee of €100 before tax may be billed
by NAFTYBABES to the Member, as compensation for processing fees incurred by NAFTYBABES,
without prejudice to any possible damages or compensation for recovery costs
that may be due to the company.
This flat fee may be directly debited from the
Model’s earnings, where relevant.
9.4. Website Intellectual property
All intellectual property rights, in particular
copyrights, trademarks, image rights and related rights relating to the general
structure of the Website as well as texts, logos, and any other element of the
Website , belonging to NAFTYBABES, its affiliates or their directors remain the
exclusive property of NAFTYBABES or their respective owners.
Any exploitation, commercial or otherwise,
including any download, copy, reproduction, distribution, transmission,
distribution, adaptation, translation or representation, in whole or in part of
the Website, including its general structure or logo, illustrations and
Contents present on the Website, by any means and current or future process, on
any current or future medium or format, without the prior written authorization
of NAFTYBABES or their respective owners is prohibited and is likely to give
rise to legal proceedings, particularly in the case of counterfeiting.
In general, any total or partial reproduction,
modification or use of these trademarks, illustrations, images and logos,
Content, etc. for any reason and on any medium whatsoever, without the express
prior agreement of NAFTYBABES or their holders is strictly prohibited.
The same is true of any combination or conjunction
with any other brand, symbol, logotype and more generally any distinctive sign
intended to form a composite logo. It is the same for any copyright, design,
model and patent that are the property of NAFTYBABES, its group companies,
their directors or their partners, including Models.
The databases on the Website are protected by the
provisions of Articles L341-1 and following of the Code of Intellectual
Property. In particular, the extraction and reuse, quantitatively or
qualitatively substantial, of the content of the databases contained on the
Website is prohibited. Any offender is liable to the penalties referred to in
Articles L 343-1 et seq. of the Intellectual Property Code.
It is strictly forbidden to use any program
intended to extract the content of the Website, with the exception of the
robots used by companies operating search engines.
The rights of literary and artistic property
pertaining to the Contents, the image rights of the Models are the property of
the Models and their authors.
ARTICLE 10. Personal
data
NAFTYBABES, within the framework of the Services,
is brought to collect a certain amount of personal data of the Models,
necessary for the good functioning of the Website and the execution of the
Services.
The Member acknowledges having read the personal
data management charter available at the following address, and has been
informed of his rights, as well as the terms of their exercise which are
exposed: https://NaftyBabes.com/ privacy
The Model acknowledges that whenever personal data
concerning her has been collected, he has been informed by NAFTYBABES.
By creating an Account, the Model agrees that the
personal data that she communicates to NAFTYBABES shall be the subject of the
processing necessary for the implementation of the Services, in particular in
accordance with applicable laws, regulations and other mandatory provisions.
NAFTYBABES does not transmit this personal data to
any third party, except with the express consent of the Model.
The personal data collected by NAFTYBABES are
neither sold nor communicated to third parties except under the conditions
provided for in this article.
The personal data of the Model will be used for
purposes of commercial prospection with her explicit consent.
If the Model wishes to no longer receive
information by email from NAFTYBABES, other than the information necessary to
use the Services, she may:
- click on the
unsubscribe link in the the email footer sent by NAFTYBABES;
- or, if she prefers,
report it to NAFTYBABES at any time by sending an e-mail to [email protected]
with the understanding that the processing time is longer than the
unsubscribe link.
NAFTYBABES keeps this information for one year from
the end of the contractual relationship with the Model. Any account created
remaining inactive for an uninterrupted period of one year will see the
personal data collected and linked to that account deleted and her account
anonymized.
The personal data whose conservation is obligatory
(accounting documents, etc.) will be preserved in the form of archives for all
the obligatory duration in application of the applicable regime.
All the rights relating to the personal data are
exerted with NAFTYBABES :
- by E-mail to the
address: [email protected]
ARTICLE 11. Cookies
For the proper operation of the Website, NAFTYBABES
may be required to place cookies in the Model’s browser.
For statistical purposes, NAFTYBABES may collect
browsing information through the use of cookies.
The Model is free to accept or refuse cookies by
configuring his browser (disabling all or some cookies - see Web browser manual
or help function).
Disabling cookies may result in the unavailability
of certain Services on the Site.
The Model can, moreover, at any time delete the
registration of cookies, or cookies already registered on his computer, by
setting the privacy protection options of his Internet browser (for example:
Tools> Clear my traces > Cookies, on Mozilla Firefox and Tools> Delete
browsing history> Delete cookies, on Microsoft Internet Explorer).
The CNIL website also indicates how to manage and
delete cookies on its browser.
These explanations are available at the following
address: https://www.cnil.fr/fr/cookies-les-tils-pour-les-maitriser.
The cookies, if any, have an activity duration of
twelve (12) months maximum.
ARTICLE 12. Governing Law
and Jurisdiction
These General Terms and Conditions are written in Romania
and the resulting transactions are governed by and subject to Romanian law.
In the event that they are translated into one or
more foreign languages, only the Romanian text will prevail in case of dispute.
In the event of a dispute, the Parties undertake,
before any referral to a jurisdiction, to attempt to reach an amicable
agreement.
The Member acknowledges having read the legal
notices accessible from the tab of the same name available on the Website at
the following address: https://NaftyBabes.com/