Lady Shay

General Terms & Conditions

Table of contents

  1. Privacy Policy
  2. Return and Cancellation Policy
  3. Chargeback - Fraud Mitigation Policy
  4. Content Monitoring Policy
  5. DMCA Policy
  6. Acceptable Use Policy
  7. General terms and conditions

Privacy Policy

Please click here to read our Privacy Policy

Return and Cancellation Policy

1. Refunds for Digital Downloads:

For digital content, chats, private messages, and tips, no refund shall be provided once performance has commenced, provided that the right of withdrawal has validly expired in accordance with the applicable statutory provisions.

2. Reporting Errors or Issues:

If errors occur during payment processing or when accessing the content, customers are requested to promptly report them to info@mistresscms.com. Our team will endeavor to resolve any issues as quickly as possible.

3. Actions Against Fraudulent Behavior:

Any fraudulent or abusive behavior, including disputing transactions with issuing banks, will result in immediate disqualification from future sales. We take fraud very seriously and will actively report all cases to the authorities for prosecution.

4. Exchange Conditions for Faulty Content:

Items purchased through our website cannot be exchanged or traded unless access to the acquired content is faulty or damaged upon receipt. In such a case, an exchange will only be granted if the error is promptly reported and substantiated.

Chargeback - Fraud Mitigation Policy

1. Purpose

This policy aims to prevent fraud related to the sale of digital goods such as photos, videos, and audios and to respond appropriately.

2. Identification of Fraud

We continuously monitor transactions and strive to identify suspicious activities that may indicate fraud. These include unusual purchase patterns, repeated chargebacks, or transactions involving stolen payment information.

3. Chargeback Procedure

In the event of a chargeback initiated by a customer due to alleged fraud, we will thoroughly investigate the case. The customer will be requested to provide evidence legitimizing the purchase. We will carefully review all available information to determine the legitimacy of the chargeback.

4. Fraud Prevention

We employ various measures to prevent fraud, including transaction verification and the use of secure payment methods. In cases of suspected fraud, we reserve the right to cancel orders, suspend accounts, or take legal action.

5. Communication

We will inform customers of suspicious activities or chargebacks and request their cooperation in resolving the incident. Open and transparent communication is crucial for a smooth resolution.

6. Privacy

All information related to fraud cases and chargebacks will be treated confidentially and used solely for internal purposes.

7. Contact

For any inquiries related to fraud or chargebacks, we are available at info@mistresscms.com

We are committed to protecting our customers from fraud and ensuring that transactions proceed fairly and securely. This policy aims to contribute to creating a trustworthy environment for the purchase of digital goods.

Content Monitoring Policy

We prioritize the responsible distribution of adult-related content. We are committed to maintaining a safe and secure environment for our users and ensuring compliance with legal requirements. This Content Monitoring Policy outlines our approach to content monitoring and the age verification process for individuals depicted in adult content.

Content Monitoring:

  • We employ a robust content monitoring system that uses a combination of automated tools and manual review processes.
  • Our content monitoring team is responsible for regularly reviewing and categorizing adult-related content to ensure compliance with our guidelines and legal regulations.
  • We prioritize the identification and removal of any content that violates our policies or is deemed inappropriate.

Age Verification Process:

  • All individuals depicted in adult-related content must undergo a strict age verification process before their content is distributed.
  • We require producers and distributors to maintain comprehensive records of age verification documentation for each individual depicted.
  • Acceptable forms of age verification may include government-issued identification documents, such as passports or driver's licenses.
  • Producers and distributors must ensure that the age verification process adheres to applicable legal requirements and standards.

Compliance with Legal Requirements:

  • We strictly adhere to all relevant local, national, and international laws and regulations regarding the distribution of adult content.
  • We continuously monitor changes in legal requirements and update our policies and procedures accordingly.
  • We maintain open lines of communication with relevant regulatory bodies to stay informed about any updates or changes in the legal landscape.

User Reporting:

  • We encourage our users to report any content they believe may violate our policies or legal regulations.
  • We provide a user-friendly reporting system that allows users to flag potentially inappropriate or illegal content.
  • Reports are promptly reviewed by our content monitoring team, and appropriate action is taken based on the outcome of the review within a maximum of 7 days.

We are dedicated to maintaining a high standard of integrity and compliance in the distribution of adult-related content. Our Content Monitoring Policy and age verification process are designed to prioritize the safety and well-being of all individuals involved while ensuring legal compliance.

DMCA Policy

We commit to upholding copyright laws and protecting the rights of copyright owners. This DMCA policy outlines the procedures we follow to address copyright infringement claims on our platform/website. Please read this policy carefully before submitting any notifications or counter-notifications.

Copyright Infringement Notification

If you believe that your copyrighted work has been infringed upon on our platform/website, you may submit a formal notification to our designated agent. To be valid, your notification must include:

  • A physical or electronic signature of the copyright owner or an authorized representative.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple works are involved, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that should be removed or access to which should be disabled, with sufficient information to allow us to locate the material.
  • Sufficient contact information, including your name, address, telephone number, and email address.
  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your copyright infringement notifications to our given address and/or email address.

Prompt Investigation and Response

Upon receiving a valid copyright infringement notification, we will promptly investigate the claimed infringement and take appropriate actions, which may include removing or disabling access to the allegedly infringing material. We will acknowledge receipt of your notification within 7 business days and inform you of our actions or request further information if needed.

Counter-Notification Process

If you believe that the material removed or disabled as a result of a copyright infringement notification was mistakenly identified or if you have the necessary rights to use the material, you may submit a counter-notification. Your counter-notification must include:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled, with sufficient information to allow us to locate the material.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
  • Sufficient contact information, including your name, address, telephone number, and email address.
  • Consent to the jurisdiction of the federal court in your district, or if outside of the United States, to the jurisdiction of the courts of your country.
  • A statement that you will accept service of process from the party who submitted the original copyright infringement notification.

Please send your counter-notifications to the same address and/or email address stated above.

Repeat Infringer Policy

We have a policy to address repeat infringers. If a user's account is identified as a repeat infringer, we may take appropriate actions, which may include disabling or terminating the user's account.

Protection of User Data

Any personal information collected during the copyright infringement notification and counter-notification process will be handled in accordance with our privacy policy and will only be disclosed as required by law.

Disclaimer

We are not responsible for actively monitoring or seeking infringing content on our platform/website. However, upon receiving valid copyright infringement notifications, we will take appropriate action to address the reported infringements.

Please note that submitting false copyright infringement notifications or counter-notifications may result in legal consequences.

For any questions or concerns regarding this DMCA policy, please contact us at the provided contact information.

Acceptable Use Policy

All content uploaded to the website must comply with this acceptable use policy. All content uploaded to the website will be moderated by the website team and only be approved if the content complies with all rules and content guidelines of this acceptable use policy.

Any violation of this acceptable use policy will result in your content not being published. On major and/or repeat violations, we reserve the right to terminate your account.

Performers visible in the content

The producer has to create a performer profile for each person visible in the content uploaded. All performers must be at least 18 years of age at the day of content production.

For the producer herself/himself, the performer has to be verified with a valid ID document (passport, ID card, driver's license) for age/identity validation.

For all other performers, the performer has to be verified with a valid ID document (passport, ID card, driver's license) for age/identity validation and a model release contract granting the producer the right to publish/sell the content in which the performer is depicted.

Content previews and descriptions

All preview images and descriptive texts must match the content uploaded and must not be deceptive to customers. Preview images may be censored, but must identifiable match the content.

Content guidelines / forbidden actions

The content must not show or summon any of the following:

  • People under the legal age of 18 (neither fake nor real)
  • Non-consensual Sex / Rape (neither fake nor real)
  • Blood (neither fake nor real)
  • Consumption or display of drugs and intoxication (including poppers, cannabis, etc. which may be legal in some countries, but can not be shown)
  • Acts of persons under the influence of drugs
  • Requests or commands to take drugs
  • Sexual acts with animals
  • Acts on sleeping, unconscious and/or hypnotized persons
  • Necrophilia (neither fake nor real)
  • Horror/Snuff (neither fake nor real)
  • Killing of living beings (neither fake nor real)
  • Acts that cause permanent damage
  • Publication of user's personal data
  • Weapons of any kinds (Knives, Guns, Rifles, etc.)
  • Chloroform (neither faker nor real)
  • Deceptive, threatening, fraudulent, harassing, hateful, racist, discriminatory or otherwise harmful activity against a specific person, group of people or organization

Additionally to these rules, we use automated and manual processes to make sure all content is compliant with our rules.

General terms & conditions

1. Contractual partners

are:

  • the end customer, hereinafter referred to as USER
  • the provider, hereinafter referred to as PROVIDER
  • High Five Online VoF, Tentstraat 86, 6291 BJ Vaals, The Netherlands, hereinafter referred to as WEBSITE

The WEBSITE provides a platform through which USERS can access paid communication services as well as digital content (e.g. messages, photos, and videos) from PROVIDERS. Use is based on previously purchased credits.

Communication is billed per minute or via one-time payments. Prices may be set by the PROVIDER or determined by the WEBSITE. The USER can purchase CREDITS using various payment methods. After payment, credits are credited to the USER. Credits can be used for different types of communication, photos, videos, and other paid content from the PROVIDER. The PROVIDER receives a commission from the WEBSITE based on the credits purchased by the USER.

All displayed prices are final prices and include the applicable statutory VAT. No additional mandatory fees apply. The displayed price corresponds to the amount actually charged to the USER.

The WEBSITE serves as the point of contact for technical questions as well as inquiries regarding payments and services. Email: info@highfiveonline.net

2. Contractual Relationships

A contract is concluded between the USER and the WEBSITE regarding the use of the platform, the purchase of credits, and the use of paid content.

The content and services are provided by PROVIDERS acting on behalf of the WEBSITE.

The WEBSITE provides the technical platform and handles payment processing.

3. Payment Process

The WEBSITE provides payment methods for processing payments in connection with the use of paid content offered by PROVIDERS. External payment service providers may also be used. The necessary payment data is transmitted to the respective payment service provider. The terms and conditions of the respective payment provider apply.

The payment process can be canceled by the USER at any time before submission.

Payments to the WEBSITE are legally binding. The contract between USER and WEBSITE is concluded upon submission of the payment.

The corresponding amount is credited to the USER as credits in the currency defined for the respective offer (e.g. EUR, USD, or GBP). These credits can then be used for content provided by the PROVIDER. If the value of the displayed price exceeds the available credit balance, the respective item cannot be accessed.

Credits expire if the USER has not logged into their account for a period of at least 24 months. The USER will be notified by email one month prior to expiration. Logging in again will prevent expiration.

Credits do not constitute legal tender and can only be used for services within the WEBSITE.

4. Registration

Registration using false documents, incorrect payment data, false names, or invalid email addresses may result in immediate termination of the contract between the WEBSITE and the USER. The WEBSITE reserves the right to terminate access and, where applicable, initiate legal action.

5. Account Deactivation / Deletion

USERS may deactivate their account at any time without providing reasons by notifying the WEBSITE via email. The processing of personal data is governed by section 9 of these Terms.

Deactivation is only considered completed once the USER receives confirmation from the WEBSITE via email.

Upon deactivation of the USER account, any remaining credits may expire. Refunds for used credits are excluded. For unused credits, statutory provisions apply.

6. Availability and Usability

The WEBSITE strives to ensure uninterrupted availability of its services. However, continuous availability cannot be guaranteed.

The WEBSITE shall only be liable for damages caused by technical disruptions or limited availability if such damages result from intentional misconduct or gross negligence. Liability for slight negligence is excluded unless essential contractual obligations are violated.

In the event of connection interruptions, it is the USER’s responsibility to stop usage and restart if necessary.

Technical issues must be reported to the WEBSITE via email. The WEBSITE will attempt to resolve such issues within its technical capabilities.

The WEBSITE assumes no responsibility for the content or actions of the PROVIDER.

The USER is responsible for ensuring the technical requirements for using the WEBSITE (e.g. internet connection, device).

7. Default of Payment

If a USER’s payment is reversed or cannot be collected, access to the WEBSITE will be blocked. The USER is considered in default of payment. Access will remain blocked until full payment is received. Any costs arising from the default (e.g. chargeback fees) will be charged to the USER.

8. Right of Withdrawal

During the checkout process, the USER expressly requests that the performance of the contract begins immediately after purchase and before the expiry of the withdrawal period. The USER acknowledges that they will lose their right of withdrawal as a result. Where the applicable legal requirements are met, the right of withdrawal expires in accordance with the applicable statutory provisions.

9. Data Storage

By submitting their user data, the USER consents to the processing of personal data for the purpose of using the WEBSITE.

Data processing is carried out in accordance with applicable data protection laws, in particular the GDPR.

Personal data is stored only as long as necessary for providing the service or as required by legal retention obligations.

The USER has the right to access, correct, restrict processing, and delete their personal data in accordance with legal provisions.

Upon account deactivation, personal data will no longer be actively used and will be deleted unless legal retention obligations apply.

For technical reasons and to ensure compliance with these Terms, chat and message histories may be stored temporarily.

The USER agrees not to store or share private chat content without consent of the involved parties.

10. Email Communications

The WEBSITE sends emails necessary for the operation of the service (e.g. notifications about new messages or system information). These are part of the service and can be partially disabled by the USER in their account settings.

Additionally, the USER will only receive newsletters or promotional communications if they have explicitly opted in. Consent can be withdrawn at any time with future effect.

11. Age Restriction

USERS and PROVIDERS confirm that they are at least 18 years old and legally of age in their country. Participation by minors is strictly prohibited. USERS and PROVIDERS must not grant access to minors.

12. Access Data and Use by PROVIDER

The PROVIDER must not share login credentials with third parties and must use the account personally. In case of loss or misuse, the WEBSITE must be informed immediately.

13. Transfer of USER Data to PROVIDER

The WEBSITE may transmit certain USER data (e.g. username, country, email) to the PROVIDER during registration or credit purchase.

Payment details such as credit card or bank account information are not accessible to the PROVIDER.

14. Liability of the WEBSITE

The WEBSITE provides a technical platform and does not assume responsibility for content, actions, or offers of the PROVIDER. The PROVIDER is solely responsible for such content.

The WEBSITE is only liable for transmitted content, data, or files if they originate from the WEBSITE itself or result from intentional or grossly negligent conduct.

The WEBSITE is liable for damages only in cases of intent or gross negligence. Liability for slight negligence is excluded unless essential contractual obligations are violated.

The operators of linked external websites are solely responsible for their content.

15. Changes to the Terms

The WEBSITE reserves the right to amend or supplement these Terms for valid reasons. Changes will be communicated to the USER in due time. No oral agreements exist. Amendments must be made in writing; this also applies to changes to this clause.

16. Code of Conduct

The USER agrees not to misuse the platform. In particular, it is prohibited to:

  • distribute or request unlawful content
  • share data of other users without authorization
  • circumvent technical measures of the WEBSITE
  • use the platform for fraudulent or external commercial purposes

In case of violations, the WEBSITE may suspend or terminate access.

The WEBSITE is entitled to block or restrict access in cases of misuse or violations of these Terms.

17. Content Disclaimer

The WEBSITE does not guarantee that specific content, interactions, or results will be achieved.

18. Severability Clause

If any provision of this agreement is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the intended economic purpose.

Applicable law and place of jurisdiction shall be the Netherlands.