Terms and Conditions

General Terms & Conditions SenseMakers Platform: www.camcammer.com

Version 2.0 October 2024

Welcome to the adult community Platform operated by SenseMakers B.V. (hereinafter also: SenseMakers), trough www.camcammer.com. The following General Terms and Conditions apply to all Users who visit a SenseMakers Platform and purchase Services there.

SenseMakers B.V. is established and has its registered office at (1357 DD) Almere at Achterwerf 305 and is registered in the commercial register of the Chamber of Commerce for Gooiland, Eemland and Flevoland under number 33128110. SenseMakers can be reached via camcammer.com and at +31(0)36-5458595. VAT number SenseMakers B.V.: NL803697041.B01.

1.0 Definitions

In these General Terms and Conditions the following definitions apply, with singular and plural definitions having the same meaning unless the context expressly indicates otherwise:

1.1 Account: That part of the Platform where, using a log-in combination, the User can purchase Services and manage his Profile and personal details;

1.2 General Terms and Conditions: these terms and conditions and any additions thereto or amendments thereof;

1.3 Cookie Policy: the regulations that describe the manner in which camcammer.com uses cookies, and which types of cookies it uses;

1.4 Credits: the balance the User has purchased in advance by means of a payment system certified by the Platform, which he/she can use to safely purchase Wallet Services on demand;

1.5 Services: the services offered by the Performers via the relevant Platform, including but not limited to video chats, multi-platform activities, video calls, regular calls, email services and text message services, as well as all other services;

1.6 User: every natural person (or legal entity) visiting the Platform and/or making use of the Services offered via the Platform;

1.7 Related Services: photos and videos made available to the User for a fee, which may be temporarily stored on the User's account as well as telephone lines;

1.8 Performer: every natural person who offers Services to one or more Users via the Platform;

1.9 Platform: the technical infrastructure SenseMakers makes available for the provision of Services, trough www.camcammer or telephone lines;

1.10 Premium Services: the added value service offered to Users by means of the Platform, which are offered using numbers that are subject to a special rate;

1.11 Privacy statement: the regulations concerning the processing of personal data for the benefit of using the Services and the Premium Services;

1.12 Profile: The information and files about themselves that the User and/or Performer posts or shares on the Platform, consisting of – among other things – text, images, video material and audio material;

1.13 SenseMakers: the party providing the Platform, SenseMakers B.V.;

1.14 Wallet Services: the added value service offered to Users by means of the Platform, which are offered using Credits the User has purchased in advance.

2.0 Applicability

2.1 These Terms and Conditions apply to use of the Platform and to all Services that are offered or purchased via the Platform.

2.2 The User can store or print the text of these General Terms and Conditions to read them at a later stage. SenseMakers makes the digital version of the General Terms and Conditions available in such manner that the User can easily save these on a durable data carrier. If this is not reasonably possible, SenseMakers will, at the User’s request, either by e-mail or otherwise, send the User the General Terms and Conditions free of charge.

2.3 References in these General Terms and Conditions to Services or the provision of services shall include the Premium Services, Related Services and Wallet Services, unless this is expressly stated otherwise.

2.4 Additions to or amendments to these General Terms and Conditions shall only apply if priorly and expressly accepted in writing by SenseMakers.

3.0 Formation of the agreement

3.1 The agreement with the User is formed on (the first of) the following occasions: (1) the User purchases Services and the Performer provides the Services, or (2) the User has received a message stating that they have access to the Platform.

3.2 If, based on an investigation it has carried out (within the limits set by law), SenseMakers has good grounds to refuse the User access to the Platform, it is authorized to do so. Whether or not there are good grounds, will be assessed by SenseMakers.

3.3 The User may terminate the agreement without having to provide reasons within fourteen (14) days, starting on the day the Agreement is entered into, unless and insofar as the provision of the Services has already started with the User’s permission before the reflection period has ended, in which case the User must pay for the use they have actually made of the Services, including but not limited to chat sessions. Only insofar as they have created an Account, Users that want to exercise their right to terminate the agreement can use the standard form for terminations that can be found under the following link: Termination Form.

4.0 Contents and use of the Platform

4.1 SenseMakers operates the Platform in such a way that Users and Performers can meet and communicate with each other remotely, including with multiple parties at the same time, without third-party intervention. SenseMakers does not post content on the Platform and is not a party to any (verbal) agreement concluded between User(s) and Performer on or by means of the Platform.

4.2 SenseMakers exercises control over the quality and/or legality of the Services offered and/or provided. SenseMakers may screen the content of interactions between the User and a Performer if, in its reasonable opinion, the circumstances necessitate this.

4.3 SenseMakers only grants Users access to the Services provided by the Performers offered by means of the Platform. If the User or the Performer is offended by the contents exchanged on the Platform, they can stop using the Platform at any time.

4.4 Users must be over eighteen (18) years of age. SenseMakers may set additional requirements for Users who wish to make use of the Services and will inform the Users of this where applicable. If the User does not wish to comply with the additional conditions, they can at all times stop purchasing Services or discontinue the use of Services with immediate effect.

4.5 Within the legal frameworks, SenseMakers is permitted to determine whether the Performer meets the requirements and conditions that apply to the provision of the Services.

4.6 The User is strictly forbidden from engaging in any activity or conduct via the Platform or uploading any material that is criminal, unlawful, offensive, infringing or objectionable to others, including performers or other Users, or that in any way infringes or violates the rights of others. SenseMakers reserves the right to deny access to the Platform and/or Account to any User who engages in such activities or behaves in such a manner, with immediate effect and without entitlement to a refund of any Account balance, if SenseMakers believes it has good grounds to do so.

4.7 SenseMakers is not liable for the accuracy, completeness or content of the information provided by Performers via the Platform or otherwise on, for example, the Performer’s profile.

4.8 A Performer is prohibited from presenting themselves and/or impersonating another person or attributing characteristics to themselves other than those possessed by the Performer himself/herself. In this regard, the User is requested to always report any violation of the aforementioned rule to SenseMakers.

4.9 Use of Wallet Services is possible if the User has purchased Credits. In such case, the User can purchase Services on call.

4.10 If a User so desires, he can open an Account. If the User wishes to purchase Premium Services, opening an Account is required. If SenseMakers permits so, User can create his own personal profile using an alias after opening an Account. Furthermore, SenseMakers may enable the User to upload such matters as moving images and sound to the Platform. The User guarantees at all times the accuracy of the (personal) data provided by him/her for the Account, including payment details. When uploading and exchanging content, the User will not spread computer viruses or other harmful elements.

4.11 SenseMakers is at all times authorized to refuse a User an Account or to close it if, in SenseMakers’ opinion, the User violates the provisions of these General Terms and Conditions or otherwise acts unlawfully.

5.0 Availability of the Platform/Services

5.1 SenseMakers will use its best efforts to make the Services available to Users without interruption or disruption. However, SenseMakers cannot guarantee the continuous availability of the Services. SenseMakers takes appropriate technical and organisational measures to protect the electronic transfer and storage of data and to ensure a safe web and payment environment.

5.2 SenseMakers is not liable for the correct operation of peripheral devices, including but not limited to the computer or telephone and/or the camera used by the User or Performer.

5.3 Users must refrain from engaging in any activity that can endanger the safety and/or the continuity of the Platform.

5.4 SenseMakers reserves the right to take the Platform off-line at any time in connection with (maintenance) work.

5.5 SenseMakers reserves the right to make changes to the Platform, which includes changes to the security of (access to) the Platform.

6.0 Information on pricing and payment methods for Users

6.1 Unless otherwise indicated, prices and fees for the use of the Platform or the purchase of Services are expressed in euros.

6.2 SenseMakers reserves the right to introduce (price) changes on the Services.

6.3 SenseMakers only accepts payments via the payment methods listed on the Platform, including for the Premium Services and the Wallet Services.

6.4 The payment of Credits bought to purchase Wallet Services is processed by independent third-party service providers. The Credits bought in this way will be added to the User’s Account balance.

6.5 SenseMakers shall only reimburse purchased Credits up to an amount determined in proportion to the Service purchased and the price thereof, and only if (all or some of the) Credits have been lost due to technical malfunction of the Platform, and such malfunction can be attributed to acts or omissions on the part of SenseMakers.

6.6 The User agrees to SenseMakers taking receipt of all the payments and processing these for the benefit of the Performer.

6.7 For a period of three months after the purchase of the Wallet Services, the User may request that the balance of the Credits be refunded to the Account from which the transaction was made. SenseMakers will determine the equivalent value in euro, subject to deduction of an administrative fee charged to SenseMakers by, among others, third party service providers, including but not limited to payment services.

7.0 Posting pictures, text and intellectual property rights

7.1 All intellectual property rights to the (contents, design and infrastructure of the) Platform belong to SenseMakers or its suppliers. Use of the Platform and the Services shall under no circumstances entail the full or partial transfer of intellectual property rights of SenseMakers. User acknowledges the intellectual property right of SenseMakers and will refrain from infringing the rights in any way or form.

7.2 The User is not permitted to post photos and/or texts with punishable or infringing material. Furthermore, the User is not permitted to reproduce, copy or duplicate (parts of) the Platform. The User fully indemnifies SenseMakers in this respect against all third party claims.

8.0 Liability

8.1 SenseMakers is not liable for any direct or indirect damages arising from access to, use of, or interpretation of the Services offered and/or the Platform. Similarly, SenseMakers shall not be liable for any damage resulting from the impairment, mutilation or loss of the Profile. If and to the extent that SenseMakers is obliged to pay compensation for any reason whatsoever, SenseMakers' liability shall always be limited to the amount spent by User in a calendar year through use of its Account.

8.2 SenseMakers is not a party to the agreement between Performer and User and is therefore not liable for the content and quality of the Services provided by the Performers, nor is it bound in this respect to any form of financial compensation to Users.

8.3 SenseMakers is not liable for any failure(s) in its performance, interruptions, defects, communication failures, malware, theft of or unauthorised access to, alteration or use of (personal) data or any other cause and consequence of any action.

8.4 Users must, on lapse of rights, report complaints to SenseMakers’ Customer Care department within 24 hours of the incident on which these are based. The contact details of the department are available on the Platform.

8.5 SenseMakers is not liable for, the consequences of, transmitting any (inaccurate) information via the Platform, as SenseMakers does not initiate the transmission of the information or the provision or purchase of the Services anddoes not determine to whom the information is transmitted and does not pre-select or modify the information on an ongoing basis.

8.6 SenseMakers is not responsible for the use of third-party hyperlinks referring to the Platform and excludes any liability for damages resulting of using such third-party hyperlinks.

8.7 SenseMakers is not liable for damages caused by a data breach if that data breach is the result of unlawful actions by third parties, for example by spreading viruses, ransomware and/or a breach of SenseMakers' security.

9.0 Paid for and free of charge content

9.1 All content and materials provided on the Platform, including but not limited to the live camera streams, images, graphics, applications and texts may only be used for personal purposes. Copying and distributing the obtained content is strictly prohibited.

9.2 Amounts spent on Related Services are not subject to refund. The (free) content of a Performer remains visible as long as such Performer account is active and not closed on the website. Or as long as the Performer decides to display the content on the Platform.

9.3 All Services, including Premium Services and Wallet Services, provided on the Platform, including but not limited to the live camera streams, images, videos, messages, voice calls and texts are made available to User for a period of 90 days. At the end of this 90-day availability period, the content will be removed from the User's Account. If the Performer account is closed/deleted or blocked, this purchased content will be removed from the User's Account after the expiry of the 90-day availability period. These deletions are not subject to refund.

10.0 Complaints procedure

10.1 User should address any complaints to the Customer Care department. To this end, Users may send an email to the email address indicated on the Platform.

10.2 SenseMakers may (but is not obliged to) investigate the matter in connection with the complaint, and may decide to remove the offensive and/or infringing pictures and/or texts and/or decide to exclude a Performer. SenseMakers will use its best effort to keep offensive and/or infringing content off the Platform. As soon as SenseMakers is informed of activities that are in conflict with these General Terms and Conditions, or SenseMakers concludes that such activities have taken place through its own observations, SenseMakers will make every effort to terminate/remove them.

10.3 Determining and deciding whether certain behaviour and/or content can be considered offensive and/or constitutes an infringement is entirely at SenseMakers’ discretion.

10.4 Complaints are handled confidentially. The User may expect a response to a complaint within 7 days of SenseMakers’ receipt thereof.

11.0 Privacy and control

11.1 SenseMakers safeguards the safety and security of the User’s personal data and will under no circumstances provide details to a third party unless it is required to do so. The use of the Platform and the provision of Services is subject to SenseMakers’ Privacy statements. The Privacy statement can be found on the Platform.

11.2 The personal information received is used to safeguard the quality of the Services, develop new services and operate the Platform. In addition, the information can be used to investigate, define and/or clear up any identified actions that may be in conflict with these General Terms and Conditions or the Privacy statement.

11.3 The use of the Platform and the provision of the Services – if the User uses an internet connection for this purpose - is subject to the Cookie Policy.

12.0 Acts in conflict with these General Terms and Conditions

12.1 In addition to the provisions elsewhere in these General Terms and Conditions, SenseMakers reserves the right to exclude the User from any further use of the Platform if SenseMakers considers the use thereof to be (in any way) in breach of these General Terms and Conditions or applicable Dutch law, without prejudice to Sensemakers’ right to take additional legal action against the User and to claim compensation.

13.0 Amendments to the General Terms and Conditions

13.1 SenseMakers reserves the right to amend the General Terms and Conditions from time to time and will announce this before the amendment takes effect. If the User does not wish to accept the amendment to the General Terms and Conditions, they may stop using the Platform.

13.2 If one or more provisions in these General Terms and Conditions prove to be wholly or partly void or voidable, the remaining provisions shall remain in full force and effect. The invalid provision will then be replaced by a provision that approaches as much as possible that which was intended by the original provision.

13.3 These General Terms and Conditions have been translated from the Dutch language into the Englisch language. In the event of any discrepancy, the Dutch text shall always be decisive.

14.0 Disputes and applicable law

14.1 SenseMakers is not part of any (potential) disputes between the User and the Performer.

14.2 To the extent permitted by mandatory law, these General Terms and Conditions and all agreements to which SenseMakers is a party are exclusively governed by Dutch law.

14.3 To the extent that deviation from the statutory rules of jurisdiction is permitted, the competent court of the District Court of Central Netherlands shall have jurisdiction of all disputes that may arise between SenseMakers and User, unless User opts for the relatively competent court according to the law in his country of residence within one month after SenseMakers has invoked this article in writing. Also, in accordance with the provisions of the law, User may choose to make use of the link: https://ec.europa.eu/odr.