Last modified: 8 October 2021
These Terms and Conditions (hereinafter referred to as these “Terms") governs the relationship between I/you (the "Broadcaster”, "me", "you" or "I") and/or - in case of creation of an Agency Account - the Agency (the "Agency" and as the case may be, "you", "me", or "I"), and subject to your identified country/registered billing address, either JWS Americas S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.539 provided you are identified as based in the United States of America or JWS International S.à r.l., a Luxembourg law governed private limited liability company with registered address at 44, Avenue John F. Kennedy, L-1855, Luxembourg, Grand Duchy of Luxembourg, registered with the Luxembourg Trade and Companies Register under number 249.566 provided you are identified as based in any other country but the United States of America (JWS Americas S.à r.l. or JWS International S.à r.l. where relevant being hereafter referred to as “Website Operator”).
By filling in and submitting the sign-up form, and by clicking on the button "I have read, understood, and accept the present Terms and expressly declare the acceptance of clauses regarding Personal data (5th clause)", the Broadcaster/Agency gives its consent to, and notably its express consent to the said clause, and accept the following Terms:
"You": either Broadcaster, Agency, or both of them, as the case may be.
"Broadcaster": a person providing online entertainment services on the Website.
"Broadcaster Account": a registered account opened by the Broadcaster with the Website Operator upon acceptance of the terms and conditions hereof.
"Agency": a person (legal or natural) subscribing to an Agency Account, and who is performing online entertainment services while contracting Broadcasters.
"Agency Account": a registered account of the Agency which may also register Broadcasters.
"Agency Broadcaster Contract": Contract between an Agency and its Broadcasters for rendering the Agency Broadcaster services.
"Free Chat": a public form of communication/interaction (online) between a Broadcaster and Visitors/Fans/Subscribers.
"Private Chat": a private form of communication/interaction (online) between a Fan and a Broadcaster.
"Performance": content creation/performance/chat and other entertainment services rendered by Broadcasters and Agencies on the Website. Performances are usually sold on a pay per view or unlock to access basis, exception made of some specific products which may be sold on a one time basis, as further specified hereof where relevant.
"Visitors/Fans/Subscribers": persons visiting and/or subscribing and/or buying Performances on the Website or receiving any of its content in any media available now or created in the future.
1st clause - Purpose
Whether natural or legal individuals, Broadcasters or Agencies, are acting under these Terms as professional service providers in the frame of their business/professional/personal activities when rendering their services (not consumers). The Website Operator does not possess any power of direction, subordination, or other kind of authority over any of them.
The broadcaster undertakes not to provide any wrongful or misleading information, illegal, erotic, harmful, obscene, hateful, racial, ethnical or any other objectionable content (such as defamatory, abusive, threatening, racially offensive, etc.) while performing on the Website.
The Broadcaster is fully liable for his/her own actions, videos, audio, chat, dialogue, instructional videos, and advice.
The Broadcaster is not in any ways employee of the Website Operator and/or of any other entity related to the Website Operator.
The Broadcaster will render high quality Services, will not willfully provide any wrongful or misleading information to the Fans of the Website and will be acting honestly and professionally at all times.
The Broadcaster may need to submit a W-9 form if he/she is resident in the United States of America.
An Agency broadcasting under these Terms is solely responsible toward the Website Operator of the activities performed by their Broadcasters on the Website including all the content, actions, shows, videos, chat, dialogue, and any other activity performed on the Website.
The Agency understands and agrees that it is its responsibility to agree on the contractual relationship terms with Broadcasters acting on their behalf. Such contractual terms shall not however result in the violation of the Agency’s obligations under the present Terms.
The Agency, hereby certifies that having read and understood the terms and conditions of the Website that are applicable for the Fans of the Website and is aware of the level of quality and obligations that are previewed in such terms and conditions.
The Agency is acting under these Terms as a professional in the frame of its business activities.
The Agency is solely responsible for paying all applicable taxes resulting from its activities on the Website. The Agency acknowledges, and holds harmless, the Website Operator in case the latter is compelled to disclose account information to relevant tax authorities in the course of any legal proceedings initiated in any jurisdiction. As a general rule, the Agency is required to provide invoices for all activities performed on the Website. Such invoices shall comply with all applicable domestic law and EU law, as the case may be. In case the Agency cannot provide an invoice to the Website Operator, the latter may generate a self-invoice. By acceptance of these Terms, the Agency agrees to the Website Operator operating a self-invoicing system, if needed, and accepts each self-invoice to be issued by the Website Operator in respect of the activities performed by the Agency through its Broadcasters.
If an Agency decides to assign all of its rights and obligations under hereof to another party which entails the change of the billing information, then all fees to be paid to the Agency in the given invoicing period shall be assigned as well to such other party. In the contrary the Website Operator may refuse to process the change of the Agency’s billing information.
The Agency further engages to guarantee that the Broadcasters respect the requirements applicable for the Agencies as well as the requirements for Broadcasters as provided in clause 1 A above.
2nd clause - Duration
These Terms are effective as from the date when the Broadcaster/Agency registers on the Website and accepts these Terms. These Terms shall remain in force until duly terminated by either party.
3rd clause - Earnings
The amount earned by you (the “Earnings”) will be available to your information on the Website’s dedicated page.
You acknowledge that the Website Operator might disclose and publish the top Earnings to the attention of any Fan of the Website.
The Earnings to be paid shall vary in accordance to the charge option chosen (i.e., for unlocking the access to your content or per minute fees discretionarily chosen, and which are paid by Subscribers to the Website Operator for your activities on the Website).
A Broadcaster, whose account have been active at least by 30 days and have at least three (3) "Subscribers only" videos uploaded, may set up her videos and stories for subscription only for the Fans. Any subscription by a Fan is valid for at least 30 days. Therefore, the accounts of a Broadcaster with subscription content can be only be deactivated when her last Fan subscription has expired, and she has withdrawn any balance on her account.
No royalty shall be due to You for any original content uploaded to the Website or for any content which is broadcasted.
Earnings shall be due as rounded American dollar amounts without additional cents. Consequently, no fractional payment amounts will be credited to the Broadcaster.
Payment shall occur by means of, bank wire transfer, check, or other payment methods available and chosen at the Website Operator's own discretion.
The charge options are subject to change at the Website Operator’s own discretion. You shall have the possibility to terminate these Terms upon reception of such change; otherwise if You continue to perform on the Website, it shall be considered as tacit acceptance to such changes.
Credit card fraud is a crime, and no Earnings can be based on fraudulent purchases.
4th clause - Declarations
You acknowledge and agree that:
You have read and understood the terms and conditions of the Website that are applicable for Visitors/Fans/Subscribers and You are aware of the requirements regarding quality and the obligations that are previewed in these Terms.
All Broadcasters as well as any person appearing in camera area or pictures, are at least 18 years of age, or age of majority in their legal jurisdiction (whichever is greater), and have accepted these Terms.
No false identification data shall be provided to the Website Operator.
You hereby grant your consent to the Website Operator to perform a general background check for KYC purposes in databases aggregating publicly available information.
You are fully aware that the Website Operator, will not be considered responsible, either jointly or severally, for any content, information, communication, opinion, expression, and/or action of any kind whatsoever which origin from the Visitors/Fans/Subscribers and/or Broadcasters/Agencies of the Website or from any other person or third entity to these Terms.
Broadcasters shall not be under the influence of drugs or alcohol, and their activities on the Website is made on their own free will.
You will pay the costs of defense and hold the Website Operator harmless from all liabilities related to your Performance rendered on the Website. You hereby discharge all persons related to the Website Operator of any past, present, or future liabilities in the framework of these Terms.
The provision of forbidden content and or Performance will lead to the freezing of the Broadcaster’s account(s) for further investigation which may result in the permanent termination of such account(s), and in the cancellation and forfeiture of all payments from the Website Operator.
Any physical contact or exchange of contact details with Subscribers/Fans/Visitors of the Website or contacting them in any other way is prohibited. Any breach of this obligation will immediately result in the termination of the infringing Broadcaster’s account. The Website Operator may contact any competent authorities, including the state prosecutor in order to initiate any criminal or administrative proceedings.
Broadcasters shall act as custodian of records for the content that they upload to the Website.
You are responsible for ensuring to be compliant with all local laws, filing and registration obligations, including but not limited to registering to do business, filing and payment of taxes (including Sales, VAT, withholding or any other tax deemed applicable) and providing the Website Operator with relevant tax/VAT IDs should you exceed the local threshold, thereby requiring registration and payment of any value added or similar tax where applicable. Furthermore, you acknowledge, and hold harmless, that from time to time the Website Operator may be required to submit information to tax authorities as part of routine and/or extraordinary enquiries specifically related to the relationship and financial dealings of the Website Operator and you.
5th clause - Data Protection
In your role as Agency, you can provide us with (i) your personal information, and (ii) the personal information of the Broadcasters you register under your Agency Account.
(i) Your Personal Information
(ii) Broadcasters Personal Information
When you decide to register Broadcasters under your Agency Account, you will share some personal information about them with us.
With regard to any personal data processed by the Website Operator and the Agency in connection with these Terms, both of them will act as data controller in respect of their own processing activities.
The Website Operator and the Agency agree to comply with the requirements of the data protection laws applicable to data controllers in respect of the fulfillment of their respective duties and obligations, and otherwise in connection with these Terms including, but not limited to, the EU General Data Protection Regulation 2016/679, the e-Privacy Directive 2002/58/EC (as amended and replaced from time to time) and their national implementing legislation, laws regulating unsolicited e-mail communications, security breach notification laws, laws imposing minimum security requirements ("Data Protection Laws"). For the avoidance of doubt, the Website Operator and the Agency each have their own independently determined privacy policies, notices and procedures for the personal data they hold as independent data controllers (not joint).
In complying with the Data Protection Laws, the Website Operator and the Agency shall, without limitation, not knowingly, do anything or permit anything to be done which might lead to a breach of the Data Protection Laws by the other party.
Liabilities & Warranties of the Agency
The Agency will fully indemnify and hold harmless the Website Operator and any entities of its group of companies, as well as their officers, directors, shareholders, agents, and employees from any liabilities, losses, damages, costs (including, without limitation, attorney’s fees), expenses or fines (including, without limitation, any administrative fines as imposed by any data protection supervisory authority), as suffered or incurred by any of them and resulting from:
Data Subjects Rights
As separate and independent data controllers, the Website Operator and the Agency will manage and exercise data subjects rights requests at their own, independently and separately.
In the event the Agency receives directly any data subject request from a Broadcaster, and if said request is related to the processing of the personal data made by the Website Operator, the Agency shall then, promptly notify the Website Operator of any such request. The Agency shall make such notification by email to email@example.com no later than forty-eight (48) hours of the receipt of the request.
6th clause - Rights to the Image – Right to the Name – Intellectual Property
The Website Operator does not claim ownership of your content, including, without limitation, streaming live works, photos, pre-recorded videos, messages, text, sound that you post or distribute on the Website (hereafter, the “Content”).
By posting or distributing Content on the Website and making it available or sharing it with Visitors/Fans/Subscribers, you grant to the Website Operator, its affiliates, and business partners, for the duration of the protection of the intellectual property rights, including copyright, in the Content, a non-exclusive, transferrable, sub-licensable, worldwide, royalty-free license to host, store, use, display, reproduce, copy, modify, adapt, edit, publish, translate, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display Content in any form and in any and all media or distribution methods (now known or later developed).
You can end this license anytime by deleting your Content or generally by closing your account, except (i) for the duration of the marketing campaign or promotional operation, if the Website Operator used the Content for promotional/marketing purpose; (ii) to the extent you shared it with others and others copied or stored portions of the Content, and have not deleted it; (iii) for a limited time until the Content is removed from backup and other systems.
The Broadcaster or, as the case may be, the Agency must be the owner of the intellectual property right, including the copyright, in the Content or be duly authorized by the owner and have the full right to grant this license. In particular, You warrant that (a) the rights, including all intellectual property rights, in the Content have not been exclusively licensed to any third party, (b) the Content does not violate any intellectual property right, including copyright, of third party, (c) the grant of this license does not result in a breach of any agreement to which you are a party and/or does not require the action/consent of or announcement to any third party.
The Broadcaster or, as the case may be, the Agency agrees to indemnify and hold the Website Operator harmless from all claims, demands, losses, damages, costs, liabilities and expenses (including without limitation, legal fees and disbursements) arising out of, or in connection with, third party intellectual property right infringement as well as from any claims arising from a breach of the warranties provided under this clause.
6.2 Authorization for use of image and name
You authorize the Website Operator to use, in connection with your Content, as described above, without compensation:
In this respect, the Broadcaster’s Name shall not contain and/or be constitutive of the name of any famous/celebrity person or name/sign which benefits from any intellectual protection, unless You have obtained the right to use such name. The Broadcaster and/or as the case maybe the Agency shall be held fully liable in case the Broadcaster’s Name conflicts with a name on which a third party has rights.
The Broadcaster’s Image and/or the Broadcaster’s Name may be copied/reproduced and distributed by means of various media, including, but not limited to video presentations, television broadcast, radio transmission, news releases, e-mails, billboards, brochures, placement on the Website and/or other electronic delivery, publication, display, or promotion on any and all other media.
The Broadcaster’s Image and/or the Broadcaster’s Name may also be subject to reasonable modification or editing without prior approval from the Broadcaster.
For Agencies only:
Prior to registering Broadcasters under your Agency account, You must have collected the Broadcasters’ explicit consent to authorize the Website Operator to use their Broadcaster’s Name and Broadcaster’s Image.
Agencies agrees to indemnify and hold the Website Operator harmless from all claims and all costs concerning infringements of the Broadcaster’s Name and the Broadcaster’s Image of Influencers registered on their Agency account, as well as from any claims that result from or arise under Agency’s negligent actions or willful misconduct in the performance of these Terms.
6.3 Monitoring of the Creation and DMCA notifications
All Broadcasters recognize and agree that the Website Operator can monitor, record, and log all Influencer’s online activities on the Website, notably to review it for violation of applicable laws and/or relevant policies in place from time to time.
It is the Website Operator’s policy, in appropriate circumstances and at its discretion, to remove infringing content from its Website, and to disable and/or terminate the accounts of the Broadcasters who infringe the applicable laws and/or the intellectual property rights of third parties. Therefore, the Website Operator has implemented a special DMCA section on the Website allowing third parties to report infringing material on the Website.
7th clause - Duties and Basic rules
Broadcasters undertake to clear out of their recording area all objects subject to trademark or any other intellectual property right of third parties, and to comply with legal requirements (including the ones concerning author rights) at all times, avoiding unlawful use of trademarks, brands, imagery, and/or registered music.
Broadcasters shall not, solicit, offer, purchase, sell, or propose any business deal, transaction, trade, or other economic deals to the Visitors/Fans/Subscribers.
Any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password shall be immediately notified to the Website Operator.
You shall indemnify, pay the costs of defense, and hold the Website Operator, as well as its officers, directors, affiliates, attorneys, shareholders, agents, and assignees, harmless from any and all claims brought by third parties arising out of, or related to the breach of these Terms.
You must have a valid and approved registration on the Website. Any Broadcaster appearing in camera of the video chat or in the pictures through Docler.com must be registered under the given Broadcaster Account or Agency Account.
Broadcasting a pre-recorded video or still image instead of the live video chat is against the rules of the Website. Violation of the rules is considered as a breach of these Terms.
Providing and asking for personal information, including personal information of Visitors/Fans/Subscribers and Broadcasters is against the rules.
Any kind of personal contact with Visitors/Fans/Subscribers of the Website, soliciting for escort service, prostitution, asking for money is against the rules.
Advertising other websites or services is strictly prohibited, unless expressly allowed by the Website Operator.
The Broadcasters shall provide the Fan with the Performance in the Private Chat they agreed to in the Free Chat. The same does not apply to Video/Voice Calls. In case of any question or problem do not hesitate to contact our Customer Service.
Any dishonest behavior, action, maneuvers of any kind, inclusive of attempt, with special regard to the circumvention of the applicable rules (whether written or implied) of any competition, game or other event organized by the Website Operator for the Broadcasters is considered as a breach of these Terms.
The above list of rules is non-exhaustive and does not contain all possible violations of the present Terms. Therefore, an action not mentioned above could nevertheless qualify as a breach of these Terms after considering the situation. For the entire list of possible violations, please consult the relevant wikipage: https://wiki.docler.com/display/BW/Rules
8th clause - Assignment and amendments
The Website Operator has the right to transfer or assign its rights and obligations under these Terms without limitation.
The Website Operator may make changes to these Terms, and will inform the Broadcasters/Agencies of such changes.
If any modification is unacceptable to You, You shall cease performing on the Website. Failing to do so, you will be deemed to have accepted the changes.
9th clause - Termination
You may terminate your Account at any time by contacting our customer support. In such case, any Earnings remaining in your Account at the time of termination will be disbursed to the payment information on file for your Account on our next payout date. Please note that your account can only be deactivated when your last Fan subscription has expired, and you have no balance left on your account.
The Website Operator may, in its sole discretion, terminate or suspend your access to all or part of the Platform at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of these Terms.
In case your sign up form stays incomplete for thirty (30) calendar days consecutively, then Website Operator may terminate the account. Please note that after six (6) months of inactivity the Website Operator may close your account without any further notice; therefore any Earnings that do not reach the payout limit and/or paid by the Website Operator but not collected/accepted by you will be lost.
10th clause – Applicable law and jurisdiction
The courts of Luxembourg City are competent for the purposes of hearing and determining any other dispute arising out of these Terms.
These Terms shall be governed by, and construed in accordance with the laws of the Grand Duchy of Luxembourg, notwithstanding conflict of law provisions and other mandatory legal provisions.
11th clause - Severability
If any term or provision of these Terms shall be held invalid or unenforceable to any extent under any applicable law by court of competent jurisdiction, the remainder of these Terms will not be affected thereby, and each remaining term and provision shall be valid and enforceable to the fullest extent permitted by law.
12th clause - Governing Language
You hereby declare that You read, speak and understand the English language and that by giving Your consent to these Terms, notwithstanding anything to the contrary herein, You agree that You shall be bound at all times by the English version hereof, and in case of discrepancy between the English and any other non-English versions, then the English one shall prevail.
13th clause - Notices
Any notice, recommendation shall be sent:
by email to: firstname.lastname@example.org
by letter to your respective Website Operator:
JWS Americas S.à r.l.
Subject: “Docler.com broadcaster support”
44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg
JWS International S.à r.l.
Subject: “Docler.com broadcaster support”
44, Avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg
14th clause - Docler.com Awards Rules
Docler.com organizes competition named “Awards”. The aim of the Awards is to direct more visitors to paying features and allow Influencers to increase their Earnings through such traffic.
Description of the Awards Rules shall be found on the relevant Broadcaster Wikipage .
15th clause – Broadcaster Referral
Broadcasters and Agencies may refer new Broadcaster to the Website. Broadcasters may also refer new Agencies. A Broadcaster/Agency qualifies as ‘new’ if it has never registered a Broadcaster/Agency account on the Website, or its Broadcaster/Agency account has been inactive for the past six (6) months. For twelve (12) months from the day the referred Broadcaster/Agency registers an active account on the Website the referring Broadcaster/Agency will receive a commission equal to 10% of such referred Broadcaster’s/Agency’s Earnings. No commission is due to the Agency if the referred Broadcaster does not register under such Agency.
Broadcasters may receive for 12 months an extra 10% of their coin based Earnings by signing up to the referral program, or by actively referring a new Broadcaster/Agency. You may read more rules about the referral program on the relevant Broadcaster Wikipage.
16th clause – U.S. Patent Notice Under 35 U.S.C. § 287(a)
Streaming on the Website may be covered by, among others, one or more of U.S. Patent Nos. 6,766,376; 7,716,358; 8,595,372; 7,490,053; and 10,567,453, based on claims of the holders of such patents.