- 1. General
These Terms and Conditions are part of the contractual agreement between mydirtyhobby.com and the Amateur.
mydirtyhobby.com offers the Amateur the ability to publish their content over the uk.mydirtyhobby.com portal/platform. This content is to be sold for private use. The Amateur is to be paid a commission based on the total revenue from the sale of their published content.
The Amateur is free to choose, with reference as to what is allowed by law, the type of content they produce. Thus the Amateur chooses the type of content and are thereby fully responsible for the content therein.
- 2. Contractual Obligations
2.1. This contract is called into effect with the appliction of the Amateur to join and the subsequent approval by mydirtyhobby.com of said application. This contract is considered to be in full effect the moment the Amateur offers their content over the mydirtyhobby.com platform for sale.
The Amateur will incur no costs through this contract. The registration on the mydirtyhobby.com portal is only for those individuals of legal age, being at least 18 years of age and legally competent. mydirtyhobby.com retains the right to decline any Amateur's application for any reason we see fit.
The Amateur is required to fill in all their personal data in the appropriate web form completely and truthfully. Changes to this data can only be made by the mydirtyhobby.com staff. Thefore, if your information appears incorrect or needs to be changed you will need to contact the mydirtyhobby.com staff to have this done.
2.2. mydirtyhobby.com maintains the right to pull out of the contract when the grounds outlined in paragraph 2.3 subparagraph a) or b) exsist. In the fall that mydirtyhobby.com pulls out of a contractual agreement with an Amature all claims by said Amature will be waved, aside from willful negligence on the part of mydirtyhobby.com which may have resulted in a loss.
a) refuse the contractual agreement on economic grounds
b) end the contractual agreement, when the Amateur attempts to publish offensive or illegal content on the mydirtyhobby.com portal.
2.4. The contract between mydirtyhobby.com and the Amateur is not limited by an expiration date and can be terminated by either party at anytime without specific grounds.
- 3. Publication of Content
3.1. Video and picture content can only be published by verified Amateurs. Only those individuals who have confirmed their age and identity by providing mydirtyhobby.com with the appropriate ID may appear in the content published on the mydirtyhobby.com site. mydirtyhobby.com retains the right to refuse, without grounds, to publish any content.
3.2. The Amateur must confirm their age by providing a copy their ID, Passport or other legal document to mydirtyhobby.com. This copy is to be uploaded, sent by e-mail, fax or mail to mydirtyhobby.com.
3.3. The Amateur understands and agrees that their content may be user for, but not limited to, promotional materials such as banners and or Half-page ads.
- 4. Copyright
4.1. Amateurs are only allowed to publish content that they alone posses all copyrights to. By uploading this content to the mydirtyhobby.com platform the Amateur confirms that they understand that this content will be published (ie. publicly displayed) on the uk.mydirtyhobby.com website and portal.
4.2. If mydirtyhobby.com has a reason to suspect infringement of Copyright, mydirtyhobby.com can demand written proof of ownership of the material in question. mydirtyhobby.com must receive this proof in original document form in no more than 5 working days after the document request. The content in question will be immediatly removed from the uk.mydirtyhobby.com web site.
4.3. If said Amateur has failed to provied the required documents before the 5 day deadline, mydirtyhobby.com may undertake the following
- demand compensation from said Amature for accrued costs and damages,
- immediate cancellation of all contracts with said Amateur,
- suspension of all pending payments to said Amateur.
- 5. Service and Service Quality
5.1. The performance of the mydirtyhobby.com server, on which the Amateur content is published, may, from time to time, be reduced by unforeseeable and or unusual circumstances. Such reductions normally occur outside of the mydirtyhobby.com sphere of influence and do not reflect a lack of concern on the part of mydirtyhobby.com but may occur due to server changes or upgrades, change of service providers, operating system failure, power loss due to an act of nature, service work, or the installation of a better operating system when required.
5.2. Losses due to downtime or slow server response contributed to any of the grounds listed in paragraph 5.1. do not constitute a contractual break and therefore any lost income due to these circumstances will not be compensated.
- 6. Commission
6.1. Amateurs receive 25% of the revenues generated from the sale of their content. The Amateur, within certain limits, is allowed to choose the price for which their videos and pictures will be sold. The Amateur also receives payment for private messages sent and received over the mydirtyhobby.com system. The Amateur's account will be credited with 5 cents for every reply sent. In oder to receive payment for messages over the mydirtyhobby.com platform, the Amateur must modify their settings under Settings / Email Settings.
6.2. Commission is based solely on statistics generated by mydirtyhobby.com. These statistics reflect gross income.
6.3. mydirtyhobby.com maintains no accountability for the availability nor the accuracy of the above mentioned statistics.
6.4. The Amateur will receive monthly a statement which can be downloaded from the uk.mydirtyhobby.com web site. Payment will follow 4 weeks after the end of the previous payment period i.e. the end of the previous month.
6.5. mydirtyhobby.com reatains the right to withhold indefinitely payments to those Amateurs who have disregarded or broken the rules of the mydirtyhobby.com portal.
6.6. It is the Amateur's duty to report all income from mydirtyhobby.com to their local tax revenue service (such as the IRS) and to pay taxes on this income accordingly. It is also the Amateur's duty to inform mydirtyhobby.com of changes to their personal data such as an address change or new e-mail.
6.7. Payment will be made when the Minimum payout, based on net income, of 50,00 GBP has been reached. Income will be accumulated till the minimum payout has been reached.
- 7. Non-Competition Clause
Communication between the User and Amateur may only take place over the mydirtyhobby.com messaging system. The exchange of email addresses, telephone numbers or addresses is not allowed. Additionally the Amateur is not allowed to promote their personal website, competing websites, and/or other services with the intent to draw users away from the mydirtyhobby.com site. mydirtyhobby.com retains the right to electonically filter and/or manually check messages sent over the mydirtyhobby.com messaging system for suspicious keywords. Should an Amateur disregard this clause mydirtyhobby.com will take it upon themselves to, based on the severity of the offence, to warn the Amateur, suspend the Amateur's account, or demand a penalty be paid of up to 5,000 GBP.
- 8. Privacy
8.1. All personal data will be handled in accordance with existing data protection laws.
8.2. mydirtyhobby.com retains the right, unless contested by the Amateur, to use data accumulated from Amateurs for advertising, market research, and to configure the mydirtyhobby.com portal to better suit resource requirements. In this clause, you are informed of the right to contest usage of your data.
- 9. Legal Jurisdiction
All legal issues pertaining to the contractual relationship between mydirtyhobby.com and the Amateur are governed by Cypriot Law.
- 10. Legal Venue
The venue for all legal disagreements is the company headquarters of mydirtyhobby.com.
est. 16.10.2006 in Rotterdam
Colbette Holdings Ltd.
178 Athalassas Avenue (3rd Floor)