Version 1.0 | February 2024

This document constitutes the general terms and conditions of Sneak Peach B.V., with its principal office located at Nijverheidsstraat 21, 9648 JA Wildervank, The Netherlands, and registered with the Chamber of Commerce in The Netherlands under registration number 89810147 (hereinafter referred to as "Sneak Peach").

The terms and conditions outlined in this document (hereinafter referred to as the "Terms and Conditions") shall govern all agreements pertaining to the provision of access to the Sneak Peach platform, accessible through the domain name sneakpeach.com and any associated subdomains, as well as ancillary services between Sneak Peach and users of the Sneak Peach platform, whether acting within or outside the scope of their business or profession.

These Terms and Conditions are segmented into various modules. Module A applies to all agreements between Sneak Peach and its users, while Module B and Module C are specific to certain types of users. In case of any inconsistencies among the modules, the module most specifically applicable shall prevail.

 

Module A: General

Article A.1. Applicability

A.1.1. The terms and conditions outlined in Module A shall apply to all agreements concluded between Sneak Peach and its users regarding the provision and utilization of the Platform.

 

Article A.1. Definitions

Capitalized terms utilized in the Agreement, both in singular and plural forms, shall bear the meanings set forth below, unless otherwise defined.

A.2.1. Account: A user's personal account on the Platform, provided by Sneak Peach, through which the user may access certain parts of the Services.

A.2.2. Agreement: The agreement between the Parties under which Sneak Peach provides its Services to the Customer, incorporating these Terms and Conditions and any appendices hereto.

A.2.3. Content Agreement: A separate agreement between Consumer and Creator, as specified in Appendix 1, concluded via the Platform, through which a Consumer may access a Creator's Materials, with Sneak Peach explicitly not being a party thereto.

A.2.4. Creator: A user, acting within the scope of its profession or business, whose Account permits the uploading of Materials on the Platform and licensing of such Materials to Sneak Peach for distribution to Users.

A.2.5. Consumer: A user, not acting within the scope of its profession or business, who enters into a Content Agreement with a Creator or otherwise accesses (or is capable of accessing) the Creator's Materials.

A.2.6. Intellectual Property Rights: All intellectual and industrial property rights, encompassing but not limited to copyrights, (sui generis) database rights, domain name rights, trade name rights, know-how rights, trademark rights, trade secrets, model rights, neighboring rights, and patent rights.

A.2.7. Materials: All materials, including but not limited to websites, logos, leaflets, images, texts, videos, audios, and other content made accessible by any Party under the Agreement.

A.2.8. Party/Parties: Sneak Peach or the User (singular) or Sneak Peach and the User (plural).

 

Article A.3. Platform and Services

A.3.1. Platform: The Sneak Peach platform, accessible via the Website, through which Users may enter into Content Agreements.

A.3.2. Services: The provision by Sneak Peach of access to the Platform and any associated services, such as facilitating the conclusion of Content Agreements, enabling Creators to provide Consumers access to their Materials or services.

A.3.3. User: Any legal entity or natural person entering into an Agreement with Sneak Peach for the provision of Services. A User may qualify as a Consumer, Creator, or both a Consumer and Creator.

A.3.4. Website: https://sneakpeach.com/.

Conclusion and Accounts

The Agreement is concluded upon the User completing the Account registration process on the Website and subsequently receiving a written registration confirmation from Sneak Peach, whether automated or otherwise. This Agreement shall remain in force until terminated in accordance with these Terms and Conditions. The Services cannot be accessed without an Account. The User must be at least eighteen (18) years old, or of the age of majority as per applicable laws, to access the Website and the Services and must confirm compliance with this during Account registration. Additionally, the User must be permitted, as per applicable laws, to view adult-oriented and pornographic content within the Services. To facilitate Account registration, the User is required to provide, or will be provided with, login information (a unique username and password). The User is obligated to use any Accounts provided by Sneak Peach carefully and to keep login information secure and strictly confidential. Sneak Peach reserves the right to assume that all actions performed following authentication of these accounts have been executed under the User's supervision and approval. User Accounts are strictly linked to and represent a single individual, even if operated by another individual or a third party on behalf of the User. If login credentials for an Account are (suspected to be) lost or leaked, the User must immediately take all necessary measures to prevent misuse of the Account. The User is required to notify Sneak Peach promptly if it suspects abuse of and/or unauthorized access to its accounts, enabling Sneak Peach to take further measures to secure the Account. Registering more than one (1) Account per User without Sneak Peach's explicit written permission is prohibited. If Sneak Peach discovers that a User has registered more than one (1) Account, it reserves the right to terminate the Agreement and delete all associated Accounts, refusing further Services to the User. Sneak Peach may, at any time, make the registration or continuation of an Account and/or the User's access to the Services contingent upon the User providing Sneak Peach with proof of identity or verifying compliance with the Agreement's terms. In such cases, Sneak Peach may suspend or terminate the User's access to the Services until, in Sneak Peach's opinion, the User has sufficiently proven its identity and/or compliance. If the User wishes to qualify its Account as a Creator Account, Article C.2 shall apply. In case the User qualifies as both a Consumer and a Creator, the provisions of Module C shall take precedence in case of conflicts. Sneak Peach reserves the right to terminate the Agreement if a User Account remains inactive and the User has not utilized the Services for the preceding twelve (12) months. In such cases, Sneak Peach shall first send a reminder to the email address associated with the Account.

 

Article A.4. Term and Termination

A.4.1. The Agreement will be concluded in accordance with Article A.3 and remain in force until terminated in accordance with these Terms and Conditions.

A.4.2. User may terminate the Agreement at any time by deleting its Account through the Platform, provided it is not also a Creator, in which case the provisions regarding term and termination as contained in Module C of these Terms and Conditions will take precedence.

 

Article A.5. Fulfillment

A.5.1. After conclusion of the Agreement, access to the Services is granted for the duration of the Agreement.

A.5.2. After conclusion of the Agreement, Sneak Peach will apply all commercially reasonable efforts to, as soon as possible, provide the User with access to the relevant specified Services for the duration of the Agreement. Sneak Peach will perform the Agreement with due care and expertise.

A.5.3. The User is obliged to do everything that is reasonably required and desired to ensure that the Service is performed correctly and in a timely manner. In particular, the User will ensure that all information designated by Sneak Peach as essential or in respect of which the User should reasonably understand that it is required for the purpose of performing the Services, is provided to Sneak Peach in a timely fashion. The User will make sure that the information and details are correct, complete, and up to date.

A.5.4. Sneak Peach is entitled to engage third parties in order to fulfill the Agreement.

A.5.5. The Services may offer integration with third-party products and/or services. Such integration may only occur if User first registers with the third party in question and accepts the relevant terms and conditions applicable to those third-party products and/or services. Sneak Peach will in no case be liable or responsible for the functioning of such third-party products and/or services in relation to their integration with the Services.

A.5.6. The sections 6:227b and 6:227c of the Dutch Civil Code are excluded, unless User is a Consumer.

 

Article A.6. Content Agreement and the responsibilities of Sneak Peach

A.6.1. Content Agreements under which Creators provide access to their Materials to Consumers facilitated and concluded via the Platform are entered into exclusively by Consumers and Creators. Sneak Peach functions as an intermediary and is not a party to these agreements.

A.6.2. Sneak Peach uses methods to help ensure Materials displayed by Users are lawful and in accordance with the Agreement, such as a notice-and-takedown procedure and basic automated screening methods. However, Sneak Peach does not preselect or proactively moderate any Materials displayed by Users and is under no obligation to actively monitor any such Materials or to actively monitor for breaches of the Agreement by its Users. User remains fully responsible for any Materials it submits to the Platform.

 

Article A.7. Use of the Services

A.7.1. It is not permitted to use the Services and Platform for any purpose that violates applicable laws or regulations. This includes (among other things) the storage or transmission of data using the Service that is slanderous, libelous, or racist, or to publish advertisements for items and services that violate applicable law.

A.7.2. In addition, it is forbidden, even if such is legally allowed, to use the Services and Platform:

a. to submit or distribute malware or any other harmful software;

b. to submit or publish information or Materials where such is unwanted (off-topic);

c. to engage in spam or other unwanted communication;

d. to submit false or misleading information regarding public health or safety matters which may lead to harm;

e. to submit or publish information or Materials in violation of Intellectual Property Rights of third parties or hyperlinks to such information;

f. to submit or publish Materials that depict or pertains to any information concerning any person under the age of eighteen (18) years (or under the age of majority according to the applicable laws in the User’s and the person in question’s location), or any Material that engages in, promotes or advocates the exploitation of children, human trafficking or violence;

g. to assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);

h. to violate the privacy of third party, for example by distributing their personal data without permission or clear need;

i. in an automated manner, such as the use of scripts to send messages or the use of scrapers;

j. in any manner that may cause hindrance for other Users of the Services, or that may damage and/or impede the systems and networks of Sneak Peach or third parties;

k. to exercise any commercial activities outside those explicitly permitted under the Agreement, without explicit written permission from Sneak Peach to do so; or

l. in a way that violates netiquette, or results in the harassment, bullying, abuse, or harm of other persons, or otherwise results in the treatment of other persons with indignity and/or disrespect.

A.7.3. Users must at all times maintain written documentation sufficient to confirm that all persons depicted in its submitted Materials are over the age of eighteen (18) years (or over the age of majority according to the applicable laws in the User’s and the persons in question’s location) and will provide such confirmation to Sneak Peach upon the latter’s first request. Moreover, Users are strictly forbidden from submitting Materials depicting any persons other than themselves unless such other persons are Creators as meant in this Agreement and have agreed and confirmed their approval for such submission as meant in Article C.4.

A.7.4. Should Sneak Peach discover that a User violates any of the above, or receive a complaint alleging the same, then Sneak Peach may immediately intervene to end the violation. Such interventions may include removal of the Materials and the suspension or termination of access to the Services.

A.7.5. If, in the opinion of Sneak Peach, the continued functioning of the computer systems or network of Sneak Peach or third parties is under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data, or virus activity, Sneak Peach may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Such steps may include the removal of the Materials and the suspension or termination of access to the Services.

A.7.6. Sneak Peach retains the right to, at its sole discretion, immediately remove Materials from the Services that it considers to be offensive, in bad taste, in violation of the Agreement, or otherwise unsuitable to be submitted to the Services, and suspend or terminate the responsible User’s access to the Services.

A.7.7. Sneak Peach is at all times entitled to file a criminal complaint for any offenses committed through or using the Services. In addition, Sneak Peach is entitled to disclose the User’s name, address, IP-address, and other identifying data to a third party alleging that the User is in violation of its rights or the Agreement, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.

 

Article A.8. Abuse and zero-tolerance

A.8.1. Sneak Peach has a zero-tolerance policy regarding abuse and unlawful use of the Services. In addition to the general provisions contained in Article A.7, it strictly forbids and will not tolerate any submission of Materials or any form of advertising that concerns, depicts, or pertains to any form of illegal pornography or illegal prostitution, including but not limited to:  

a. prostitution or pornography under threats of violence or blackmail, ‘revenge pornography’ or prostitution or pornography that is otherwise coerced or involuntary;  

b. child prostitution or child pornography;  

c. human trafficking;  

d. bestiality;  

e. necrophilia;  

f. coprophilia/scatology;  

g. public nudity that was recorded in a location where such public nudity is forbidden by local law; and  

h. any criminal behavior not explicitly covered in these Terms and Conditions.

 

A.8.2. If Sneak Peach determines that a User violated the above, it will terminate that User’s access to the Services and terminate the Agreement. In addition, Sneak Peach will report violations of Article A.8.1.a - A.8.1.c to the police and/or other relevant, competent (investigative) authorities and reserves the right to do so with regard to violations of A.8.1.d - A.8.1.h if it determines that such violations are illegal according to the applicable laws in the User’s location. Sneak Peach will furthermore cooperate with any legally valid request from competent authorities in relation to violations of Article A.8.1.

 

A.8.3. In light of the zero-tolerance policy with regard to abuses and violations as mentioned in Article A.8.1, Sneak Peach also relies on the User to be vigilant. Before a User attempts to engage with a Creator through the Platform, it will first establish, insofar as possible, whether the Creator in question appears to the User to be below the age of majority (according to the applicable laws in the User’s and Creator’s respective locations), and whether there may be other factors that could indicate violations of Article A.8.1 to the User.

 

A.8.4. If the User is in doubt as to whether a Creator is of age of majority according to the applicable laws in the Creator’s location, or has established that the Creator is a minor, it must immediately refrain from any (further) contact or engagement with the Creator in question and immediately inform Sneak Peach and the police and/or other competent (investigative) authorities of its doubts or findings.

 

A.8.5. If the User doubts, suspects, or has good reason to believe that a Creator is under coercion, blackmail, threat of violence, otherwise involuntarily offering its services, or otherwise in violation of Article A.8.1, it must immediately refrain from any (further) contact with the Creator in question and immediately inform Sneak Peach and, in deliberation with Sneak Peach, the police and/or other competent (investigative) authorities of its doubts, suspicions, observations, or findings.

 

Article A.9. Complaints, notice, and takedown

A.9.1. In the event the User (or third party) has doubts, suspicions, observations, and/or findings in light of Article A.7 or Article A.8, or if it has other (including more general) complaints in relation to Materials published through the Services, violations of applicable law, or the Agreement, it may report such to Sneak Peach by way of the Notice-and-Takedown webform accessible through the Website. Such reports should be as detailed as reasonably possible and may include, among other things:

 

a. the nature of the infringement or violation;  

b. all facts which lead the User to believe that an infringement or violation has occurred;  

c. the precise location (on the Website) where the Material in question is located;  

d. any grounds to believe that the User that submitted the Material was not allowed to do so; and  

e. the Account name and identity of the User that submitted the Material in question.

 

A.9.2. A report or complaint submitted to Sneak Peach in accordance with this Article A.9 will under no circumstance relieve the User of any further obligations imposed on it by way of the provisions of Article A.8, such as any obligation to inform the police and/or other competent (investigative) authorities.

 

A.9.3. In the event the User is a Consumer (and thus makes use of the Services outside of the course of its business or profession) and is located in the European Union, the User can also submit its complaints to EU Online Dispute Resolution Platform. The ODR Platform can be accessed via http://ec.europa.eu/consumers/odr.  

 

A.9.4. Sneak Peach will in no event be liable for measures taken in accordance with Article A.7, Article A.8, and Article A.9.  

 

Article A.10. Warranties, indemnities, and fine

A.10.1. The User represents and warrants that it will perform its obligations under the Agreement and Content Agreement and that it will not act contrary to the provisions contained therein. The User furthermore represents and warrants that it is at least eighteen (18) years of age or, in the event that the laws and regulations applicable to User specify an age of majority higher than eighteen (18) years, that the User is of that age.

 

A.10.2. The User will indemnify Sneak Peach and hold Sneak Peach harmless from and against any claim, indictment, suit, or imposed fine of any third party in connection with a violation by the User of the preceding paragraph.  

 

A.10.3. In the event Sneak Peach discovers User violated the provisions of Article A.7 or Article A.8, User will immediately be liable to pay a fine to Sneak Peach of 10.000 euro for each such violation, without prejudice to Sneak Peach’s right to claim damages and any other claims Sneak Peach may have on User relating to such violations.  

 

Article A.11. Intellectual Property Rights

A.11.1. All Intellectual Property Rights relating to Materials provided by the User in the course of using the Services are vested in the User and/or its licensors. The User grants Sneak Peach a non-exclusive, transferable, sublicensable license to use such Materials for the purpose of providing and operating the Services and as otherwise specified in these Terms and Conditions. This includes the making available of such Materials to other Users (by facilitating Content Agreements) and the adaptation of Materials, at Sneak Peach’s discretion, to ensure suitability of the Services (for example by adding stickers, text, and watermarks or removing portions of Materials that violate the Agreement.  

 

A.11.2. User may retract the license described in the previous paragraph at any time by removing the relevant Materials through its Account or by terminating the Agreement by deleting its Account unless User is also a Creator, in which case Article C.3 shall apply in this context.  

 

A.11.3. All Intellectual Property Rights relating to the Services and

 

 the Platform, and any materials developed and/or made available by Sneak Peach under the Agreement are vested in Sneak Peach and/or its licensors. The User will be granted the rights of use with regard to the aforementioned as described in this Article A.11 or as otherwise ensuing from the Agreement.  

 

A.11.4. Insofar as required for the performance of the Agreement, the User will acquire a non-exclusive, non-transferable, and non-sublicensable right to use the Platform and any other materials provided by Sneak Peach for the term of the Agreement and in accordance with the conditions set forth in the Agreement.  

A.11.5. The User is not entitled to make changes to the Services, Platform, or any materials developed and/or made available by Sneak Peach under the Agreement and is not entitled to a copy of the source code, except where this is prescribed by mandatory law. The User is not permitted to retrieve the source code by means of reverse engineering, ‘decompilation’ or otherwise.  

 

A.11.6. Sneak Peach may take (technical) measures to protect the Services, the Platform, and any materials developed and/or made available by it. If Sneak Peach has taken such security measures, the User is not permitted to evade or remove such security measures.  

 

A.11.7. The User may not remove or modify any designation of Intellectual Property Rights or remove any mark indicating a confidential nature from the Services, the Platform, and any materials developed and/or made available by Sneak Peach.  

 

Article A.12. Availability and maintenance

A.12.1. Sneak Peach will use commercially reasonable efforts to ensure the Services are available at all times but makes no guarantees regarding uninterrupted availability.

 

A.12.2. Sneak Peach actively maintains the Services. Maintenance can take place at any time, even if this may negatively impact the availability of the Services. Maintenance is announced in advance whenever possible.

 

A.12.3. Sneak Peach may from time to time modify the Services. Your feedback and suggestions are welcome but ultimately Sneak Peach decides which modifications to carry out (or not).

 

Article A.13. User Materials and confidentiality

A.13.1. The User represents and warrants that any submission or provision of Materials to the Services is lawful and that the processing of such data in accordance with the Agreement does not contravene any applicable privacy laws and regulations.  

 

A.13.2. Upon termination of the Agreement, Sneak Peach will have the right to remove or destroy all Materials. Sneak Peach may, at the request of the User, assist in exporting Materials. However, the User acknowledges that it remains solely responsible for making backups of any Materials it wants to keep past the date of termination of the Agreement, as Sneak Peach does not make backups for this purpose.  

A.13.3. Sneak Peach will refrain from accessing Materials data stored or transferred by the User using the Services unless:  

a. such data or Materials were provided by a Creator;  

b. this is necessary for the provision of the Service;  

c. prescribed by the Agreement; or  

d. Sneak Peach is forced to do so by law or by order of a competent authority.  

 

A.13.4. In these cases, Sneak Peach will use all commercially reasonable efforts to limit access to the information as much as possible.  

 

A.13.5. In general, Sneak Peach will strive to maintain the confidentiality of Materials and data submitted by the User through the Services if such follows from the nature of the Material or the manner of submission (for example in the event of information provided for verification purposes or direct messages to other Users). However, Sneak Peach can under no circumstance guarantee the confidentiality of any Materials. Any submitted Materials, including direct messages sent to other Users, may be viewed by Sneak Peach and – provided such is strictly required for the provision of Services, under the provisions of the Agreement and/or the applicable laws – with the police and/or other competent authorities and third parties.  

 

Article A.14. Privacy

In providing the Services, Sneak Peach obtains certain data provided by the User, which could contain (sensitive) personal data. Sneak Peach respects the User’s privacy and (sensitive) personal data. During the processing of the User’s (sensitive) personal data by Sneak Peach, Sneak Peach will adhere to the requirements of applicable data protection legislation, such as the General Data Protection Regulation (hereinafter: the “GDPR”). For more information regarding how Sneak Peach processes personal data on the Website, please refer to our Privacy and cookie statement available on sneakpeach.com/gdpr. When creating an Account on Sneak Peach, the User must provide certain details which contain personal data. These include in any case, an e-mail address, and a username. When the User has created an Account, it may also provide additional (sensitive) personal data, which may or may not become public. The User’s profile and content, including the related purpose of the processing of (sensitive) personal data will be managed by the User and not Sneak Peach. The User will ensure to adhere requirements of applicable data protection legislation.  

 

Article A.15. Amendments

Sneak Peach may amend these Terms and Conditions as well as any prices and fees at any time. Sneak Peach will announce any such amendments through the Website at least two (2) months before they take effect. If a User does not wish to accept such an amendment, it may terminate the Agreement. Use of the Services after the date of effect will constitute the User’s acceptance of the amended Terms and Conditions and/or pricing and fees.  

 

Article A.16. Miscellaneous

The Agreement is exclusively governed by the laws of the Netherlands, except to the extent that User is a Consumer and mandatorily applicable law provides otherwise, in which case User may also rely on the mandatory rules applicable in the country where it resides. All disputes arising in connection with the Agreement will be brought before the competent Dutch court for the district where Sneak Peach has its registered place of business, except to the extent that User is a Consumer and mandatorily applicable law provides otherwise, in which case User may declare the courts of the country where it resides to be competent within one (1) month of Sneak Peach’s invocation of this Article A.16.2. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Website or Services will be sufficient, provided that the authenticity of the sender can be established with sufficient certainty and the integrity of the statement has not been compromised. The version of any communication of information as recorded by Sneak Peach will be deemed to be authentic, unless the User supplies proof to the contrary, unless the User is a Consumer. In case any part of these Terms of Use is declared legally invalid, this will not affect the validity of the whole of the Agreement. The Parties will in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law. Sneak Peach is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of the Services or the associated business activities.

 

Module B: Consumers

Article B.1. Applicability

B.1.1. These terms and conditions of Module B apply additionally to Module A if the User qualifies as a Consumer.

 

Article B.2. Purchases, pricing, and payment

B.2.1. As part of the Services, a Consumer may enter a Content Agreement with a Creator via the Sneak Peach platform to purchase and/or acquire a limited, non-transferable, non-sublicensable, and non-exclusive license to view Materials ("Creator Materials") or access services ("Creator Services") offered on a Creator's profile. This is further described in the Content Agreement.

B.2.2. Provision of the license or access to services, as mentioned in this Article B.2, is contingent upon the Consumer fully complying with payment obligations under the Content Agreement, which may include flat fees and/or recurring subscription payments.

B.2.3. All purchases and provisions of licenses and access occur according to the terms of the Content Agreement concluded and performed by the Creator and Consumer through the Sneak Peach platform. Sneak Peach merely facilitates such agreements and is not a party to them.

B.2.4. Unless otherwise stated, prices listed by the Creator on the Sneak Peach platform for licenses and/or access are in euros, exclusive of VAT and other government levies, and may involve monthly subscriptions or flat fees.

B.2.5. The Sneak Peach platform may allow Consumers to tip Creators. Tips are non-refundable and do not create an obligation for the Creator. Consumers cannot use tips to (attempt to) purchase Materials or services from Creators.

B.2.6. All amounts owed by the Consumer to Sneak Peach or Creators may be invoiced digitally and in advance and must be completed through one of the payment options provided by the Sneak Peach platform, for which the Consumer provides Sneak Peach and the selected payment provider all necessary authorizations. Neither Sneak Peach nor Creators are responsible for currency exchange rates or other charges imposed by the Consumer's bank or payment card provider.

 

Article B.3. Subscriptions

B.3.1. Subscriptions acquired by a Consumer, as mentioned in Article B.2 and the Content Agreement, will commence upon the Consumer's first payment in accordance with the Content Agreement and remain in force for the selected period. It will automatically renew for additional periods unless canceled by the Consumer through the Sneak Peach platform or provided free of charge.

B.3.2. Upon cancellation, the Consumer will retain access to the subscription until the end of the then-applicable period.

 

Article B.4. Access to Creator Materials via the Platform and Fine

B.4.1. The license or access to services, as mentioned in Article B.2, is strictly limited to viewing the relevant Creator Materials through the Sneak Peach platform. Without limitation, the Content Agreement strictly prohibits exporting or extracting Creator Materials from the platform or viewing such materials through any other method.

B.4.2. In case Sneak Peach discovers Consumer violating the terms of this Article B.4, Consumer is immediately liable to pay a fine of 1000 euros for each violation, without prejudice to the Creator's right to claim damages and any other claims Sneak Peach may have regarding such violations.

 

Article B.5. Expiry of license/access and partial refund

B.5.1. Any rights of use provided by the Creator may expire automatically under certain conditions specified in the Content Agreement.

B.5.2. Under specific conditions in the Content Agreement, the Consumer may request a refund through the Sneak Peach platform for purchases made under the Content Agreement that the Consumer has not fully received, proportional to the part not received.

B.5.3. Refunds, after verification and confirmation by Sneak Peach, will be initiated and facilitated through the platform and arranged via the payment options selected by the Consumer and Creator.

B.5.4. Although refunds are owed directly to the Consumer by the Creator, Sneak Peach will immediately provide the Consumer with the refunded amount upon verification and confirmation.

B.5.5. The Consumer shall not make unjustified refund requests or initiate unjustified chargeback procedures with its payment provider. Sneak Peach may terminate or suspend the Agreement if it determines such requests or procedures constitute abuse of the Services.

 

Module C: Creators

Article C.1. Applicability

C.1.1. These terms and conditions of Module C apply additionally to Module A if the User qualifies as a Creator.

 

Article C.2. Creator Accounts

C.2.1. To qualify the User Account as a Creator Account, the User must select the relevant option in its Account environment on sneakpeach.com, follow specified instructions, and complete required fields, including providing valid identification, selecting a payout option, providing relevant banking details, and submitting further information as requested.

C.2.2. Sneak Peach may reject the User's request to qualify its Account as a Creator Account at its sole discretion.

 

Article C.3. Term and Termination

C.3.1. Sneak Peach B.V (hereinafter referred to as "Sneak Peach") may terminate the Agreement at any time by deleting its Account through the Platform.

 

Article C.4. Collaborations

C.4.1. Creator is strictly prohibited from uploading Materials to the Platform that depict any other person than itself (even if such persons are unrecognizable) (hereinafter: “Collaborations”), unless:

a. Creator marks the Material as a Collaboration during the uploading process;

b. all other persons depicted in the Collaboration own Accounts that qualify as Creator;

c. all other persons depicted in the Collaboration have given the uploading Creator explicit, prior, and fully informed consent to appear in the relevant Material and for this Material to be uploaded to the Platform.

C.4.2. When technically available on the Platform, before an uploaded Collaboration may become eligible for distribution on the Platform by way of Content Agreements, each Creator appearing in a Collaboration must, separately and through its own Creator Account agree:

a. with the uploading of the Collaboration and the granting to Consumers of the rights of use relating thereto as specified in the Content Agreement;

b. on the mutual division (between the Creators depicted in the Collaboration) of any payments that may be owed by Consumers in relation to the Collaboration under Article C.6.

 

Article C.5. Consumer Purchases

C.5.1. In accordance with the settings opted for by Creator in the Creator environment of its Account, Sneak Peach will facilitate the conclusion of Content Agreements between Creator and Consumers to allow purchase by Consumers of a limited, non-transferable, non-sublicensable, and non-exclusive license to view certain Materials provided by Creator through the Platform:

a. on a ‘pay-per-view’ basis – until a single view of the Material has been completed;

b. on a ‘pay-to-unlock’ basis – until Creator removes the Material or terminates its account, with a minimum availability of 30 days. If not met, Consumer is entitled to request a full refund;

c. on the basis of a paid subscription, the subscription costs of which are determined by Creator through its Account environment within the allowed range provided thereby Sneak Peach – until the Consumer’s relevant subscription terminates in accordance with Module A;

d. free of charge – until Creator removes the Material from the Platform; or

e. by way of a combination of the above.

C.5.2. If and to the extent opted for by Creator in the Creator environment of its Account and in accordance with the settings provided by Creator, Sneak Peach will facilitate the conclusion of Content Agreements between Creator and Consumers, to allow purchase by Consumers of access to services provided by Creator, including but not limited to:

a. one or more interaction functions that permit those Consumers to engage in interaction with Creator; and

b. the creation and provision by Creator of customized Materials.

C.5.3. All purchases specified in this Article C.5 occur according to the terms of the Content Agreement concluded between and performed by Creator and Consumer by way of the Sneak Peach Platform. Sneak Peach merely facilitates the conclusion of such agreements and is not a party to them.

C.5.4. The Platform may allow Consumers to tip Creator. Tips to Creator will under no circumstance lead to an obligation for Creator. Creator is not permitted to use the ability to receive tips to (attempt to) sell Materials or services to Consumers.

 

Article C.6. Platform Fees, Payout of Consumer Purchases, Refunds, and Deferral

C.6.1. Upon conclusion of the Content Agreement, Sneak Peach facilitates the payment of owed amounts for any purchases by Consumers as meant in Article C.5, as well as tips given by Consumer to Creator as described in the Content Agreement (hereinafter: “Consumer Purchases”) by way of the payment (provider) options provided through the Platform.

C.6.2. In consideration of the right to use the Services, Sneak Peach charges a fee to Creator of 15% of all Consumer Payments made to Creator. The remaining will be paid out to Creator in accordance with this Article C.6, by way of the payment (provider) options selected by Creator in its Account environment (hereinafter: “Payout”).

C.6.3. Sneak Peach will payout Creator in monthly installments, or quicker or slower if both parties agree. Sneak Peach reserves the right to withhold a specific percentage as a reserve to – for example but not limited to - deal with refund requests from Consumers.

C.6.4. Sneak Peach will facilitate timely payment of any refunds owed by Creator to Consumer under a Content Agreement by directly providing Consumer with the amount to be refunded (see also Article B.5.4). Because of this, Creator will owe any such refunded amounts directly to Sneak Peach upon approval and confirmation of the justified refund, and will pay such amounts through the payment options provided through the Platform, within fourteen (14) days of the notification provided by Sneak Peach through the Platform of Creator’s obligation to do so.

C.6.5. Sneak Peach may further defer the payable state of Payout that has not yet become payable if and to the extent that:

a. Sneak Peach suspects the relevant amounts were the result of unlawful activity (either by the Creator or the Consumer) or a violation of these Terms and Conditions or the Content Agreement – until such suspicions are reasonably disproven or confirmed;

b. Sneak Peach suspects or discovers that Creator has attempted or threatened to act in violation of these Terms and Conditions in a way that, in the opinion of Sneak Peach, may lead to legal or financial consequences for Sneak Peach or other Users – until such suspicions are reasonably disproven or confirmed; and/or

c. Sneak Peach has reason to believe that refunds and/or chargebacks under relevant Content Agreements will be so numerous that it will cause Creator to be unable to perform its obligations relating to refunds.

C.6.6. Payout to Creator will become forfeit and will no longer be owed by Sneak Peach if:

a. any suspicions specified in the preceding paragraph are confirmed; and/or

b. and insofar it relates to amounts owed to Sneak Peach due to justified (partial refunds) of Consumer Purchases as meant in Article C.6.4; and/or

c. Six (6) months have passed since Creator terminated its agreement.

C.6.7. Sneak Peach will, at all times, be entitled to offset any Payout which has not (yet) become payable against:

a. amounts owed to Sneak Peach due to justified (partial refunds) of Consumer Purchases as meant in Article C.6.4 – with the understanding that the absence of a Payout owed by Sneak Peach to set-off against does not release Creator from its obligations under Article C.6.4.

b. amounts owed to Sneak Peach due to payment chargebacks by Consumers, including related additional charges levied by the relevant payment provider; and/or

c. any other outstanding amounts or claims Sneak Peach may have on Creator.

 

Article C.7. Screening, Responsibility for Materials, Warranty, and Indemnity

C.7.1. The lawfulness and suitability of Materials distributed by way of the Platform is of paramount importance to all Parties. In light of this, Sneak Peach will at all times have the right to reject Materials or remove Materials uploaded by Creator on its sole discretion, for whatever reason, including but not limited to reasons relating to the Material being flagged by third parties or automated screening tools used by Sneak Peach as being in breach of the applicable law and/or these Terms and Conditions, in particular the provisions of Article A.7, Article A.8, Article A.10, and Article A.11. Regardless of the possibility of screening methods being applied as meant in the previous sentence, Creator remains fully responsible for any Material submitted to and published on the Platform by it.

C.7.2. In addition to the general warranties and indemnities contained in Article A.10, Creator, without limitation, specifically represents and warrants that:

a. it possesses all the necessary Intellectual Property Rights and/or has acquired all the necessary authorizations and licenses relating to Materials it provides under the Agreement and the Content Agreement and that such Materials will not infringe on the rights of third parties;

b. the Materials it provides under the Agreement and the Content Agreement are in full compliance with the provisions contained therein and fully in accordance with the description provided by Creator;

c. it will perform its obligations under the Content Agreement, without undue delay, upon the receipt of notification of the conclusion thereof and, as such, make available the relevant Materials, provide the relevant services, such as interaction functions or the creation of customized Materials, as specified in the Content Agreement and/or perform any other obligations it may have thereunder and fully indemnifies Sneak Peach and holds Sneak Peach harmless from and against any claim, indictment, suit, or imposed fine of any third party in connection with the violation of the foregoing.

 

Article C.8. Liability

C.8.1. Except in case of intentional misconduct or deliberate recklessness, the liability of Sneak Peach will be limited to the total Payout for Creator in the three (3) months prior to the moment the event causing the damage occurred.

C.8.2. Sneak Peach, in no event, is liable for indirect damages, consequential damages, lost profits, missed savings, or damages through business interruption.

C.8.3. Damages may only be claimed if reported in writing to Sneak Peach at most two months after discovery.

C.8.4. In case of force majeure, Sneak Peach is never required to compensate damages suffered by the User. Force majeure includes, among other things, disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires, and floods.

 

Appendix 1 | Content Agreement | Creator - Consumer

These are the terms and conditions applicable to the Content Agreement separately entered into by Consumers and Creators through the Platform.

Sneak Peach Content Agreement Terms | Creator - Consumer | Version 1.0 | February 2024

These are the terms and conditions applicable to the Content Agreement entered into separately by Consumers and Creators through the Platform. All capitalized terms not otherwise defined in the Content Agreement are understood to have the meaning ascribed to them in the Sneak Peach Terms and Conditions, located at sneakpeach.com/terms/.

 

Article 1. Applicability

1.1. The terms and conditions contained herein apply to all Content Agreements concluded between Users of the Platform.

1.2. Sneak Peach B.V and its subcontractors facilitate the conclusion of Content Agreements and any related payments through the Platform but maintain a strictly intermediary role and are not party to any Content Agreements concluded between Users.

 

Article 2. Conclusion

2.1. The Content Agreement is concluded with a purchase by the Consumer of access to Materials or services offered on the Creator’s profile through the Platform and will remain in force until the relevant access, license, or services are completed, terminated, or otherwise expire in accordance with the terms of Content Agreement.

 

Article 3. License to View Materials and Access to Services

3.1. Upon completion of any related payment obligations, the Consumer will receive from the Creator a limited, non-transferable, non-sublicensable, and non-exclusive license to view Materials as offered on the Creator’s profile through the Platform (hereinafter: “Creator Materials”):

a. on a ‘pay-per-view’ basis – until a single view of the Material has been completed;

b. on a ‘pay-to-unlock’ basis – until Creator removes the Material or terminates its account, with a minimum availability of 30 days, if not met Consumer is entitled to request a full refund;

c. on the basis of a paid subscription including unlimited access to a collection of Creator Materials – in accordance with Article 4;

d. free of charge – until Creator removes the Creator Material from the Platform; or

e. by way of a combination of the above.

3.2. Consumer may purchase from Creator access to services as offered on Creator’s profile through the Platform (hereinafter: “Creator Services”), including but not limited to:

a. one or more interaction functions that permit those Consumers to engage in interaction with Creator; and

b. the creation of customized Creator Materials, in accordance with the conditions specified on Creator’s profile on the Platform.

3.3. All Intellectual Property rights relating to Creator Materials and Creator Services will remain with Creator and/or its licensors. Consumer will merely receive a license to view and/or use such Creator Materials and Creator Services in accordance with the Content Agreement and the Sneak Peach Terms and Conditions.

3.4. The (collections of) Creator Materials accessible under a purchase as meant in this Article 3 may vary and change over time, as Creator may at all times decide to add or remove Creator Materials from its profile. This Content Agreement creates no obligation for Creator to maintain the offering of Creator Materials displayed at the time of purchase by Consumer, meaning that Consumer may at any time lose access to view certain specific Creator Materials. In the latter event, Consumer may, under certain circumstances, be entitled to a refund as described in Article 8.

3.5. Access to Creator Materials and Creator Services is provided through the Platform. As such, Creator Materials and Creator Services may become temporarily unavailable in the event of maintenance or other downtime of the Platform.

 

Article 4. Subscriptions

4.1. Subscriptions may be subject to a periodic payment to Creator and Sneak Peach. Any subscriptions purchased by the Consumer as meant in Article 3.1.c will commence upon completion of the first payment by Consumer in accordance with the Agreement and remain in force for an initial period of the chosen period by Consumer, after which it will automatically renew for additional periods of the chosen period by Consumer until Consumer deletes its Account or its Agreement with Sneak Peach terminates otherwise – unless Consumer cancels the subscription through the Platform before the start of a new period or if the subscription was provided free of charge.

4.2. In the event of a cancellation by Consumer as meant in the preceding paragraph, Consumer will retain access to the subscription until the end of the then-applicable period.

 

Article 5. Access to Creator Materials via the Platform and Fine

5.1. The license and provision of access as meant in Article 3 is strictly limited to the ability to view the relevant Creator Materials and services through the Platform. Without limitation, this Content Agreement does not permit Consumer to export or otherwise extract Creator Materials or services from the Platform or view such Creator Materials or services through any other method than the Platform.

5.2. In the event Creator discovers that Consumer has violated the terms of this Article 5, it will immediately be liable to pay a fine to Creator of 1000 euro for each such violation, without prejudice to Creator’s right to claim damages and any other claims Creator may have on User relating to such violations.

 

Article 6. Pricing and Payment

6.1. Unless indicated otherwise, prices listed on the Platform for purchases as meant in Article 3 are in euros and exclusive of VAT and other government levies and may be subject to a periodic subscription or a flat fee, as determined by Creator and indicated on Creator’s profile on the Platform.

6.2. The Platform may allow Consumer to tip Creators. Tips to Creators are non-refundable and will under no circumstance lead to an obligation for Creator.

6.3. All amounts (periodically) owed may be invoiced digitally and in advance and must be completed through one of the payment (provider) options provided through the Platform, in accordance with the Agreement.

 

Article 7. Right of Withdrawal

7.1. Any statutory right of withdrawal of the Consumer will not apply to purchases made as meant in the Content Agreement if:

a. the purchases result in the immediate delivery of the specified access to Creator Materials and/or Creator Services, and/or relate to the development of customized Creator Materials;

b. Consumer gives its express consent to this; and

c. Consumer expressly confirms that it waives its right of withdrawal.

 

Article 8. Expiry of License/Access and Partial Refund

8.1. Without prejudice to the other provisions of this Content Agreement and the Sneak Peach Terms and Conditions, any rights of use provided under Article 3 may expire automatically at any time if:

a. Creator removes the Creator Material from the Platform or the Creator Material is removed by Sneak Peach due to a violation by Creator of the Agreement;

b. Creator’s Account is deleted;

c. Sneak Peach suspends the Account of Creator;

d. Sneak Peach suspends the Account of Consumer;

e. Consumer’s Account is deleted.

8.2. Consumer may request a refund from Creator through the Platform for purchases made as meant in Article 3 which Consumer has not (fully) received – proportional to that part of the purchase that Consumer did not receive – if an event occurs such as described in Article 8.1.a, Article 8.1.b, or Article 8.1.c – with the understanding that such requests will only be justified if and to the extent it:

a. concerns a ‘pay-per-view’ or ‘pay-to-unlock’ purchase as meant in Article 3.1.a or Article 3.1.b and relates to one specifically selected Creator Material – or to a significantly overlarge portion of a collection of specifically selected Creator Materials; or

b. concerns a subscription purchase as meant in Article 3.1.c, occurs during the first month of said subscription and relates to a significantly overlarge portion of a collection of Creator Materials.

8.3. Refunds as meant in the preceding paragraph will, after verification and confirmation by and at the sole discretion of Sneak Peach that the request for refund was justified, be initiated and facilitated through the Platform and be arranged by way of the payment (provider) options selected by the Consumer and Creator.

 

Article 9. General Obligations

9.1. Consumer and Creator ensure that any (inter)actions occurring on the basis of the Content Agreement:

a. relating to the Platform;

b. relating to any Materials; and

c. between the Consumer and Creator;

will at all times be in accordance with the Sneak Peach Terms and Conditions.

9.2. Creator will ensure that the Creator Materials and Creator Services to which Consumer has acquired a paid license and/or paid access in accordance with this Content Agreement are made available to Consumer by way of the Platform upon completion of the related payment.

9.3. Creator represents and warrants that it possesses all the necessary Intellectual Property Rights and/or has acquired all the necessary licenses relating to Creator Materials to perform the Content Agreement and that such Creator Materials will not infringe on the rights of third parties.

9.4. Although certain purchases made under the Content Agreement may grant Consumer a right to view Materials that are to be created by Creator in the future, no part of the Content Agreement is intended to establish an obligation for Creator to (continue to) create Creator Materials or a guarantee to that extent – with the explicit exception of the purchase of a Creator Service involving the creation of customized Creator Materials.

9.5. Consumer will only make requests for refunds as meant in Article 8.2 or initiate chargeback procedures with its payment (card) provider if it has reasonable grounds to believe that the request or procedure was justified.

 

Article 10. Governing Law and Competent Court

10.1. The Agreement is exclusively governed by the laws of the Netherlands, except to the extent that mandatorily applicable law in the location of Consumer provides otherwise, in which case Consumer may also rely on the mandatory rules applicable in the country where it resides.

10.2. All disputes arising in connection with the Content Agreement will be brought before the competent courts of Amsterdam, the Netherlands, except to the extent that mandatorily applicable law in Consumer’s location provides otherwise, in which case Consumer may declare the courts of the country where it resides to be competent within one (1) month of invocation of this Article 10.2.

 

Record-Keeping Compliance Statement

Company: Sneak Peach B.V (Sneak Peach)

Website: sneakpeach.com

Address: Nijverheidsstraat 21, 9648 JA Wildervank, The Netherlands

Registration Number: 89810147

Contact: [email protected]

 

18 U.S.C. 2257 - Record-Keeping Requirements Compliance Statement

Sneak Peach B.V, operating as Sneak Peach, acknowledges and voluntarily complies with the record-keeping requirements set forth in 18 U.S.C. §§2257, 2257A, and/or 28 C.F.R. §75 ("Section 2257") to the extent permitted by Dutch Law, despite not being based in the United States.

Sneak Peach's platform, sneakpeach.com, features adult content and nudity. All Creators featured on sneakpeach.com were over the age of 18 at the time of creating the content.

The necessary records are meticulously maintained by the designated Records Custodian. As per federal law, authorized inspectors will be granted access to all records associated with the content displayed on the platform.