1. Object of the contract

ARTAGOS makes use of erotic image/sound material via various external Internet platforms of other companies. These Internet platforms give providers of erotic chat cams the opportunity to present themselves to the public with erotic content on these platforms. 

The Performer is of legal age, self-employed and independently produces erotic image/sound recordings and live performances (hereinafter referred to as “Content”) and intends to exploit these commercially via ARTAGOS’ Internet platforms.

2. Services provided by ARTAGOS

2.1. ARTAGOS provides Performers with the opportunity to upload their own self-produced content via its Internet platforms. ARTAGOS gives Performers the opportunity to make direct digital contact with customers who are interested in the content via its Internet platforms. Therefore, in this respect ARTAGOS is merely the contact mediator between the Performer and the customer. The contract for the Performer’s erotic performances is concluded exclusively between the customer and the Performer.

2.2. ARTAGOS enables the performer to transfer content recorded via a suitable camera to the web servers of various Internet platforms using standard software. The operators of these Internet platforms in turn transfer this content to the Performer’s interested parties. The technical connection between the customer and the Performer is established through ARTAGOS’ computers or the operators of the Internet platforms. This offers the Performer the technical possibility to communicate with several customers at the same time and to achieve the highest possible quality of transmission. 

2.3. ARTAGOS verifies the age of interested parties / customers using state-of-the-art technology.

2.4. ARTAGOS or and the operators of the Internet platforms operate and maintain computers that are permanently connected to the Internet (web servers). Interested parties and customers of ARTAGOS and its cooperation partners will access the Performer’s services via these servers. ARTAGOS and the operators of the Internet platforms log every time the Provider’s service is accessed in compliance with data protection regulations and provide the Provider with permanent access to the data generated in this way.

2.5. ARTAGOS provides Performers with further supporting services (such as billing, support, procurement of other third-party platforms for the purpose of utilizing the content, server services, value-added services, premium SMS, e-mail, etc.).

2.6. The Performer is able to view and control their access data at any time. ARTAGOS guarantees the Performer that the web server will be accessible 90% of the time on an annual average. This does not apply to times when the web server is unavailable due to technical or other problems beyond the control of ARTAGOS (force majeure, fault of third parties, etc.). ARTAGOS accepts no liability for the unavailability of the server for the aforementioned reasons.

2.7. ARTAGOS is only responsible for its own services, which consist exclusively of forwarding the data received from the parties to achieve the purpose of the contract and providing the server service. Liability is limited to intent and gross negligence. Any further liability, in particular for the processing of payment transactions and for customer complaints regarding the Performer’s services, is excluded.

2.8. The Performer acknowledges that ARTAGOS cannot exclude and cannot prosecute unauthorized or illegal copying and distribution by unauthorized third parties.

3. Services of the Performer

3.1. Subject to compliance with the statutory provisions, the Performer shall be free to choose the type of performance in accordance with this contract and shall otherwise not be subject to any specifications or instructions from ARTAGOS. The Performer is responsible for the content of their performance. The Performer is not bound to any working hours or minimum number of hours and performs the work on their own premises.

3.2. It is the sole responsibility of the Performer to provide suitable technical equipment (camera, microphone, internet connection, etc.) at their own expense. ARTAGOS shall not be liable for any disruptions (e.g. poor image/sound transmission quality etc.) caused by the use of inadequate technical equipment.

3.3. The ARTAGOS platforms where the Performer’s content is presented are all designed exclusively for adults aged 18 and over. The Performer undertakes not to make any pornographic content accessible to minors and also not to involve minors under the age of 18 and/or persons who are restricted in their ability to understand for other reasons in the production of the content. The Performer guarantees compliance with the laws for the protection of minors.

3.4. In the event that the Performer involves third parties as protagonists in the production of the content, the Performer undertakes to obligate these third parties in the same way as the Performer obligates themselves to ARTAGOS under this contract (third-party obligation). This applies in particular with regard to personal consent. The Performer shall therefore require any third parties to sign the declaration of consent (right to one’s own image) attached to this contract and send it to ARTAGOS without being asked before any planned publication. In the event that such third party protagonists assert claims against ARTAGOS and / or ARTAGOS‘ collaborative performers resulting from a breach of this third-party obligation, the Performer shall be fully liable to ARTAGOS and shall indemnify ARTAGOS upon first request against any third-party claims for damages / monetary compensation and other claims resulting from a breach of this obligation.

3.5. Performers will deliver their performances “live” in the live chat. Insofar as they record videos, they will indicate this accordingly.

3.5. Insofar as the Performer intends to add music to the content, the Performer shall be obliged to obtain the relevant rights clearance from the respective rights holders and shall bear any fees that may be payable to the relevant copyright collectives (e.g. GEMA, GVL, VG Wort) or music publishers. 

3.6. The Performer shall have the right to advertise their images on the ARTAGOS platforms outside of these platforms and to draw attention to their profile. However, the Performer undertakes not to engage in any form of advertising for themselves or third parties during the term of this contract that does not directly concern their cooperation with ARTAGOS. Furthermore, the Performer undertakes not to publish and maintain any other telephone numbers, 0190 or premium rate numbers, email addresses, SMS/premium SMS, MMS or other contact options. This does not apply to the contact options provided by ARTAGOS. The Performer undertakes to pay ARTAGOS a contractual penalty of € 1,500.00 per individual case for each violation of this advertising ban. Any further claims for damages by ARTAGOS shall remain unaffected by this. Special arrangements can be agreed after consultation with the management and must be made in writing.

4. Prohibition of illegal pornography

4.1. ARTAGOS and all cooperation partners of ARTAGOS have mutually undertaken to comply strictly with all legal provisions. 

The Performer therefore also undertakes to strictly observe all legal requirements and to refrain from doing anything that violates legal provisions in connection with the production and distribution of erotic / pornographic content. This includes, among other things, content that glorifies violence and child or animal pornography.

In particular, but not exclusively, the following sexual acts are prohibited:

• Bestiality (sexual acts with animals)
• Animal-like toys (such as aliens or tentacles)
• Child pornography
• Terms that imply actions with minors, such as schoolgirl, teenager, etc.
• Forced or non-consensual acts; including drunk, unconscious, asleep, hypnotized, etc.
• Drug use; including poppers
• Hate crimes or discrimination
• Extreme violence or pain
• Blood, feces, urine or vomit
• Incest or sexual acts within the family; including stepsisters or stepbrothers
• Necrophilia
• Including any games or role-playing content related to the above categories 

The Performer undertakes to comply with the current version of the existing guidelines. The guidelines are available online via the ARTAGOS Internet portal.

4.2. The Performer is obliged to inform themselves as to which performances are permitted and which are not and must act accordingly. Should ARTAGOS become aware of any violations, this shall constitute good cause for immediate termination of this contract. In the event that ARTAGOS suspects criminal acts, it shall immediately report these to the police. In the event that Performers publish prohibited pornography, a contractual penalty of € 5,000.00 shall be forfeited, excluding the continuation of the offense. Any further claims for damages by ARTAGOS shall remain unaffected by this.

5. Remuneration / commissions

The Performer shall receive remuneration/commission in accordance with the following provisions:

In return for the contractual services and the contractual granting of the rights required for complete utilization of the content, the Performer shall receive performance-related remuneration on a commission basis. 

The amount of the payout depends on the number of Livecam Coins earned:

• 0-2,500 Coins per month: 0.11€/Coin
• 2,501-5,000 Coins per month: 0.12€/Coin retroactive to the 1st Coin
• 5,001-10,000 Coins per month: 0.13€/Coin retroactive to the 1st Coin
• 10,001-15,000 Coins per month: 0.14€/ Coin retroactive to the 1st Coin
• 15,001-20,000 Coins per month: 0.15€/ Coin retroactive to the 1st Coin
• From 20,001 Coins per month: 0.16€/ Coin retroactive to the 1st. Coin

The billing and payment of the calculated remuneration / commission shall be made monthly on the 10th of the following month to the account specified by the Performer. Payment of this remuneration shall also cover all claims of any other persons involved in the content (protagonists / vicarious agents, other third parties, etc.).The performer will receive a 80 % commission of the euro sales. 

The Performer is a legally independent entrepreneur and is therefore responsible for the taxation of the remuneration due to them in the country in which they are based. The Provider shall submit a copy of their business registration to ARTAGOS.

6. Transfer of rights

6.1. The Performer transfers or acquires and assigns to ARTAGOS the exclusive right to use all artistic performances, contributions, services and/or works used to produce the contractual content without restriction in terms of location, time or content. ARTAGOS acquires in particular broadcasting rights, title usage rights, the right to make available (to the public) (On Demand/VOD), theatrical rights (theatrical and screening rights), exhibition rights, audiovisual rights, reproduction and distribution rights, adaptation rights, dubbing rights, film production/re-filming and further development rights, clipping rights, advertising/promotion rights, merchandising rights, printing (ancillary) rights, audio reproduction rights, theatrical and (radio) play rights, archiving rights, statutory rights to appropriate remuneration and unknown types of use in accordance with the scope listed in Annex 1. ARTAGOS accepts the transfer of rights.

The meaning of the individual terms is explained in the definitions attached to this agreement as Annex A.

6.2. Included in the transfer of rights in clause 6.1. is the right to 

6.2.1. produce and distribute the necessary reproductions itself and/or have them produced and distributed by third parties, all copyright remuneration claims (e.g. from §§ 47 para. 2, 54 German Copyright Act) as well as the proceeds from the authorization of cable retransmission, any existing ancillary copyrights of the film producer pursuant to §§ 94, 95 German Copyright Act as well as other existing or emerging industrial property rights which are necessary for the exploitation of the rights to the production granted in clause 5.1.

6.2.2. be able to make unrestricted use of any necessary personal rights consents (e.g. right to one’s own image, voice, right to use the artist’s name, etc.) of persons appearing in the production and/or the raw material produced for it. With regard to the images / voice / name provided by the Performer as part of the content creation, the Performer grants ARTAGOS all personal rights necessary to achieve the purpose of the contract and, in particular, grants ARTAGOS consent in accordance with § 22 sentence 1 of the Art Copyright Act for the distribution and public display of the content in all media and also for advertising purposes without any restrictions in terms of time, content and location.

6.2.3. the ancillary copyrights of the film producer pursuant to §§ 94, 95 of the German Copyright Act,

6.2.4. any other industrial property rights which may still exist or which may still arise and which are necessary for the exploitation of the rights to the production or the raw material produced for the production granted under clause 6.

6.3. The rights to the musical works and performances administered by the copyright collectives (in particular GEMA, GVL) and music publishers, which are to be acquired and paid for directly by the performers from the rightholders, in particular the copyright collectives, remain reserved. 

6.4. The Performer undertakes to grant ARTAGOS the rights of use to artistic performances/contributions/services and/or works contained in the production and/or the raw material produced for it that have not been transferred with this contract at standard market conditions upon request. 

6.5. ARTAGOS is entitled to transfer the rights granted under this contract in whole or in part, as well as the contract as a whole, to third parties, to grant third parties simple or exclusive rights of use or to transfer certain uses for exploitation and to allow third parties to transfer rights. This applies in particular to webmasters and content partners that have contractual relationships with ARTAGOS. ARTAGOS shall not be liable for any infringement of the Performer’s rights by third parties or for non-compliance by third parties with the obligations to the Performer contained in this contract. 

6.6. In addition to the rights and authorizations specified in this clause 6, the contractual production as well as the artistic performances, services and/or works provided for it with effect for the Anglo-American region are to be understood as “work made for hire”.

7. Guarantee of rights / exemptions

7.1. The Performer guarantees the existence of the rights transferred with this contract (in particular personal rights (including the right to one’s own image in accordance with § 22 of the Art Copyright Act), copyright usage rights, ancillary copyrights, property rights, any rights to the title and subtitles, etc.), furthermore that they are authorized to dispose of these rights and that they have not granted and will not grant these rights to third parties. In addition, that these rights are not encumbered with third-party rights and that other third-party rights do not conflict with the production and exploitation of the content and that neither the production nor the exploitation of the content infringes third-party rights, in particular personal rights.

7.2. Furthermore, the performer guarantees compliance with the youth protection regulations and advertising regulations of the advertising guidelines of the state media authorities as well as compliance with other competition regulations. 

7.3. The Performer shall inform ARTAGOS immediately if third parties assert claims against the Performer that conflict with or are excluded from the granting of rights and/or the guarantee in Clause 7 and shall indemnify ARTAGOS, without prejudice to further claims for damages, if such claims are asserted against ARTAGOS, including ARTAGOS‘ legal costs incurred in this respect.

7.4. The Performer is obliged to support ARTAGOS, its shareholders and legal successors or third party beneficiaries in the judicial or extrajudicial assertion of the acquired rights in word and deed, in particular to provide the necessary information, to make the necessary original documents available and, if necessary, to make or arrange for any necessary assignments of rights to ARTAGOS, its shareholders and legal successors or third party beneficiaries.

8. Termination

8.1. The contract is concluded for an indefinite period and may be terminated by either party without cause and without notice. The notice of termination must be given in writing. The right to terminate the contract without notice for good cause (e.g. violation of the ban on illegal pornography) remains unaffected by this.

8.2. The rights granted to ARTAGOS in accordance with clause 6. shall apply beyond the contractual relationship. In particular, ARTAGOS may continue to advertise with the contractual content; remuneration for this is excluded. After termination of the contractual relationship, the Performer has the right to demand that ARTAGOS remove all images and other content. This does not apply to images and content for whose distribution ARTAGOS is not responsible. ARTAGOS must be notified of such a request in writing by registered letter. ARTAGOS has 3 months from the receipt of the request to remove the images.

9. Obligation of confidentiality / circumvention ban

9.1. The Performer undertakes to maintain secrecy about all business and trade secrets that they become aware of in the course of their work for ARTAGOS during and after termination of the contractual relationship. 

9.2. The Performer undertakes not to maintain personal or telephone contact with the customer (users) in the private sphere, and in particular not to provide contractual services to the customer directly, that is, outside the Internet platforms provided by ARTAGOS, by circumventing ARTAGOS.

9.3. Moreover, Performers are prohibited from disclosing their identity or the identity of another Performer to the above-mentioned persons. In the case of a breach of the provisions set out in clause 9, the performer undertakes to pay ARTAGOS a contractual penalty of € 5,000.00 for each breach. Any further claims for damages on the part of ARTAGOS shall remain unaffected by this.

10. Final provisions

10.1. Claims by Performers arising from this contract shall lapse at the end of the second calendar year following the accrual of the claim.

10.2. All contractual claims, insofar as they are for payment, are subject to VAT at the statutory rate. The currency is the euro (€).

10.3. The Performer agrees that their personal data may be stored on data carriers in compliance with the provisions of the Federal Data Protection Act (DDSG) and the General Data Protection Regulation (GDPR) and – insofar as is necessary to achieve the purpose of the contract – may be further processed.

10.4. There are no ancillary agreements. Amendments or additions to the contract must be made in writing. This also applies to the revocation of the entire contract or individual provisions of this contract, including this written form agreement.

10.5. Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced on the basis of mutual agreement by a provision that is suitable for achieving the desired economic purpose, taking into account the interests of both parties. The parties are obliged to cooperate in clarifying the text of the contract accordingly. The same applies to any loopholes in this contract.

10.6. The contract is subject to the law of the Federal Republic of Germany. The place of jurisdiction, insofar as legally permissible, and place of performance shall be the registered office of ARTAGOS. ARTAGOS is also entitled to take legal action at any other place of jurisdiction provided for by law.