Nutzungsbedingungen

§ 1 Description of services

Shopmaker offers sophisticated technology to build online shops, either based on subscriptions or pay-per-download:

1. Subscripton based (Paysite): You will have your very own paysite and/ or download shop, where customers can buy subscriptions in order to gain access to your videos, imagesets or other digital content. The digital content has to be updated regularly by the merchant. Recurring subscriptions are supported by the system.
2. Pay-per-download: Our partner website clipspool.com operates a shopping system with pay-per-download capabilities. At clipspool.com you can open a shop that offers videos, imagesets and other media in digital format. These files are made available to adults for a fee. The shopping system component can be adapted to the paysite/ download shop technology.

§ 2 Registration of merchant accounts

1. Anybody may register with Shopmaker as a merchant free of charge. Shopmaker reserves its right to reject or revoke individual registrations, in particular if a merchant account is abused or the content presented violates Dutch laws. If you are interested in setting up your very own paysite, please use the signup form on www.shopmaker.com or contact our team.
2. Registration as a merchant is only possible with correct and valid address, contact and financial information. After registration, Shopmaker is going to ask for documents to verify the authenticity of your business. All this information needs to be kept up to date by the merchant.
3. Each merchant will receive access to an administration interface in order to the paysite and the digital content presented there. Access is based on an individually assigned username and password. The merchant must obligate himself to keep access data stored confidentially. No passing on to third parties is allowed.
4. By connecting your own domain to the Shopmaker servers you agree that Shopmaker is allowed to use it to sell your products. Shopmaker is the seller of your media.

§ 3 Merchant account and responsibilities

1. The merchant may modifiy the look & feel of the shop to a certain extent. A limited list of HTML tags, but no active content (Javascript, ActiveX, etc.) is allowed anywhere in a shop.
2. The merchant is ultimately responsible for the content presented in the shop.
3. Shopmaker reserves its right to delist or modify content at any time, without cause or notice, especially if it violates Dutch law.
4. In particular Shopmaker does not allow the following content on its platform:
   
5. Images need to be packaged into zip-files, one zip-file per image set sold. The zip file should only include the images in jpg format, no other files.
6. Videos may be offered in different formats. Very large files (more than 3 gigabytes) may require special permission by Shopmaker.
7. A starting quota of 1TB storage space is included, for every 1,000 EUR turnover per year an additional terabyte will be activated.
8. The merchants themselves determine the price and duration of any subscription or medium sold.
9. For a paysite the respective merchant is responsible to provide regular updates, for example weekly. The update frequency is determined by the merchant in the administration interface and presented to the customer, when s/he buys a subscription.
10. The merchant may terminate his shop at any time. However, if there are still end customers with a paid subscription, the shop including all current media will be kept open until the last subscription expires.

§ 4 License Agreement & Special Conditions

1. By using Shopmaker technology, the merchant's submission of content and products is licensed to Shopmaker. Shopmaker is allowed to use the submitted content and products for sale through its technology and platforms (such as clipspool.com) on terms of commission. The merchant gets a commission per sale, depending on the chosen model for payment processing (check out the Shopmaker tour for details and further information). In general, revenues for everything sold are split 75% / 25% between merchant and Shopmaker after a bank fee of 10% is subtracted.
2. Based on the license agreement with Shopmaker (under § 4 a.), all copyrights and rights of use related to the content and products presented remain with the respective merchant.
3. Merchants bear responsibility for all tax related matters concerning their revenues within their individual jurisdiction. Since January 1, 2015 with the advent of the European Union's MOSS regulation, and its successor OSS since July, 1, 2021 Shopmaker offers any merchant the option to pay the relevant value added tax, paid by end customers residing in the EU, on the merchant's behalf.
4. The merchant agrees that in no event will Shopmaker be liable for any special, incidental or consequential damages resulting from the operation of Shopmaker.
5. In order to comply with 18 U.S.C. 2257 all merchants are required to obtain proof of age for every model they portray in videos or images, and retain those records. Shopmaker is not responsible for those records. Upon request, the merchant is obliged to commit those records.
6. Shopmaker is neither responsible nor to prosecute for an individual "Look and Feel" of the shop or copyright infringement (either committed by the merchant or by the client as in cases of piracy, illegal filesharing or any other abusive and criminal acts). However, Shopmaker is ambitious and researching methods of preventing piracy and illegal filesharing.
7. The merchant consents that chargebacks of any kind (and the cost involved) related to the shop will be offset against the merchant's payout.
8. For providing an efficient client management, Shopmaker is authorized to delete and replace corrupt files/ collections found by the system with digital content from the merchant's available pool. However, Shopmaker will always try to contact the merchant about the error before for him/her to correct it on their own. In case of an emergency, Shopmaker is authorized to publish media from the merchant's pool in the shop to safeguard the update frequency.
9. All content is legally hosted in the Netherlands under Dutch law.

§ 5 Payouts

1. The merchant is responsible to keep bank details correct and up to date. Minimum payout is 100 Euros / USD.
2. For creating payouts some fees may apply:
   • For SEPA wire transfers no fees apply.
   • For PayPal transactions PayPal fees apply.
   • For international wire transfer banking fees applies.
   • For Western Union transactions transfer Western Union fees applies.
3. Our regular payout process:
   • Billing to the first week of the following month
   • Manual review of the bills before payout
   • Payouts will be made once per month - until the end of the following month.

§ 6 Service availability

Shopmaker operates its services with the highest possible reliability and availability. However, the provider does not accept responsibility for these services being available non-stop, that the requested connection can be made at any time or that data will be stored under all circumstances. No right exists to regular update of online services. The websites with the offer may be temporarily inaccessible due to technical malfunctions, maintenance and force majeure without giving rise to a user claim against the provider. This applies especially to the offers of third parties integrated into the given offer which the provider cannot influence!

Shopmaker cannot influence the offers of third parties. In the event that Shopmaker is forced by force majeure or official order or court ruling to stop its services in part or in full, Shopmaker shall not be liable whatsoever for any damages or collateral damages arising therefrom. Shopmaker reserves its right to terminate the service at any time.

§ 7 Severability Clause

In the event any of the provisions of these General Commercial Terms and User Conditions is or becomes legally ineffective in whole or in part or later lose effectiveness in whole or in part, the remaining provisions shall remain in full force and effect. Lawful provisions having the closest intention from the economic perspective shall be used in place of the ineffective regulations. The same shall apply if it is shown that these General Commercial Terms and User Conditions contain omissions in the regulations. In the event of uncertainty, the parties agree that the regulation which is closest to the goal of these regulations shall be applied.

§ 8 Jurisdiction

Dutch Law is applicable for any legal proceedings resulting from these General Commercial Terms and User Conditions.

Shopmaker is a service of

BoFeWo B.V.
GF: Dietmar Noss
Borgsweg 1A
NL-6061 AM Posterholt
KVK: 14100749