Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
You, the Performer/Agent, will remain a self-employed independent contractor in his or her relationship to EKM Management Ltd. EKM Management Ltd shall not be responsible for withholding taxes with respect to Performers/Agents commission earned. Performers have no claim against vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind, as you are not classed as an employee with EKM Management Ltd. EKM Management work in partnership with ICF Technology INC (Streamate Limited), and each performer will need to agree to their (Streamate Limited) companies' terms & conditions and supply Valid ID for ICF Technology INC to examine. EKM Management Ltd does not examine or store any Identification on its servers.
Moonlit Models reserves the right to change these terms at any point without any prior notice to our models.
If you wish to apply to our service, you may be asked to supply certain information relevant to your account, including, without limitation, your full name, address, date of birth, phone number, email address, and password.
You, the Performer/Agent, are 18 years of age or older once submitting your application form with Moonlit Models. THIS IS THE MINIMUM LEGAL AGE TO USE OUR SERVICE.
You, the Performer, MUST follow all network broadcasting rules when broadcasting over the network offered by (Streamate Limited). These rules can be found in your control panel within the Performer manual on your Streamate dashboard. If you fail to follow the network rules, your account may be removed from the network without any prior notice directly from Streamate Limited (ICF Technology INC).
All Performer/Agent payments are calculated in US Dollars ($) however note when Moonlit Models adds the users earning amount to your dashboard in Pound Sterling (GBP) against the current USD/GBP rate supplied to us by https://openexchangerates.org with 0.03 points deducted from the rate at the time of conversion which may vary. If you are a Performer outside of the UK, you may be subject to fees from your local bank.
Performers/Agents who have access to a UK bank account can be paid directly into their account or via PayPal.
All payments we send out are considered as a commission, which is received from our third-party partner (Streamate Limited) then passed onto you, the performer/agent.
The minimum payment threshold will be £10.00 with our service.
We reserve the right to hold any payments if, but not limited to, fraud or misuse is suspected.
You, the Performer/Agent, hold responsibility for the payment information given to us via your secure account area on your dashboard.
Performers are entitled to set their payment rates on their profile (Streamate). Performers don't earn the entire rate set up on their profile (Streamate fees). Moonlit Models reserves the right to change any performers' payments with written notice to the model without having to give an exact reason.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Moonlit Models does not hold any content other than your application details as mentioned above on our secure servers.
Links To Other Websites
Our Service contains links to third-party partner websites (Streamate Limited) in order for you to use our service fully. These third-party websites or services are not owned or controlled by Moonlit Models (EKM Management Ltd).
Moonlit Models (EKM Management Ltd) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Moonlit Models shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
- Our online properties (hereinafter, each a "Website"), including the Moonlit Models Platform;
- Our websites, including but not limited to https://www.moonlitmodels.com and any related websites, social media pages, and internal websites;
- Any other means through which an individual provides personal information to Moonlit Models, whether physically or electronically; and
- Any other means through which we lawfully collect personal information about you.
PERSONAL INFORMATION IS IMPORTANT TO US
i. We are committed to safeguarding personal privacy. We recognize that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and is taken seriously. Unless consent is given to do otherwise, we will only collect and use personal information as set out below.
ANONYMITY AND PSEUDONYMITY
6. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.
KINDS OF PERSONAL INFORMATION THAT MOONLIT MODELS COLLECTS AND HOLDS
7. Personal information that may be requested includes but is not limited to:
- Contact information such as your full name, date of birth, mobile telephone number, current and valid email address, residential address, postcode, and password.
- Your Twitter handles and login details, including usernames.
- Location information.
- Information regarding your education and qualifications.
- Financial details, including your bank account details and PayPal details.
- Your online behaviour and interests based on your online browsing activity.
- The contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Moonlit Models and used for the purposes set out in this policy (which may include using their details for marketing purposes).
8. When you use a Website, we may also collect personal information about you in the following general categories:
- Device information: we may collect information about your mobile device, such as the hardware model, operating system, preferred language, unique device identifier, and mobile network.
- Other information: we may also collect and log information such as your IP address, access dates and times, browser type, and pages visited when you interact with a Website.
HOW MOONLIT MODELS COLLECTS AND HOLDS PERSONAL INFORMATION
PASSIVE INFORMATION COLLECTION
11. As with many commercial websites and mobile and tablet applications, we may also collect information that tells us about visitors to our Websites. For example, we may collect information about the date, time, and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally, including when you are logged into an account, you consent to the collection of such information where it is personal information.
13. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third-party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third-party website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time to understand and measure your online experiences and to determine what products, promotions, and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled, and used in this way.
PURPOSES FOR WHICH MOONLIT MODELS COLLECTS, HOLDS, USES, AND DISCLOSES PERSONAL INFORMATION
14. Personal information collected will be used for the following primary purposes:
1. For the purposes stated in a TOS to use our services with our third-party partners.
2. To maintain the functionality of a Website, including providing you with information relating to the content available on the Website.
4. To send you any technical, administrative, or legal notices important to our Websites.
5. To allow you to create an account, sign in, and use the functionality of our service.
6. To allow you to publish posts to your social media channels.
7. To facilitate payments to you.
8. To provide direct marketing materials, events, special offers, competitions, and promotions in person and via any medium, including mail, telephone, and commercial electronic messages (SMS, MMS, IM, email) or any other form of electronic, emerging, digital, or conventional communications channel.
9. To provide you with relevant advertising when you use our Websites or those of a third party.
10. To maintain our relationship with you.
11. To render services related to our company (such as support and inquiries).
12. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
13. To respond to customer inquiries, complaints, and complaints handling.
14. To improve Website and system administration.
15. To obtain opinions or comments about products and/or services and to conduct other research and development.
16. To record statistical data for marketing analysis and to conduct market research.
17. To share personal information with our group companies, our promotional partners, trusted brands and their related bodies corporate and agents, and other trusted third parties in the manner described below.
18. Any other purpose may be deemed reasonably necessary by Moonlit Models in the circumstances.
CONTACT BY MOONLIT MODELS
23. Moonlit Models may contact you via telephone, SMS, MMS, IM, email, post, or any other form of electronic, emerging, digital, or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for the collection of personal information as stated above.
24. Moonlit Models does not send advertising or marketing
DIRECT MARKETING MATERIALS
25. We may send you direct marketing communications and information about our products, services, discounts, promotions, and special offers that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, MMS, IM, email, or any other form of electronic, emerging, digital, or conventional communications channel. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purposes of direct marketing.
DISCLOSURE OF PERSONAL INFORMATION
- To provide the services you have requested from Moonlit Models.
- As part of the functionality of a Website (for example, we may publish your posts to social media platforms).
- As part of your relationship with a third party (for example, we may provide your personal information to a bank if you have a banking relationship with that bank).
- For administrative purposes, including sharing personal information with our group companies and their directors, officers, and employees.
- For the purpose of research and analysis (including market research).
- To promote and market products and services to you (unless you contact us and request us not to).
- To manage and enhance our products and services.
- To manage and resolve any legal or commercial complaints or issues.
- To assist with any calls you make to us.
- As part of the functionality of a Website or other services that you have accessed.
27. We may use or disclose personal information to organisations outside Moonlit Models for purposes relating to the management of your account with us. Such organisations include:
- Service providers who manage the services provided to you.
- Marketing research companies.
- Our professional advisers, including our accountants, auditors, and lawyers.
- Government and regulatory authorities and other organisations, as required or authorised by law.
- Our related companies.
- Credit-reporting and fraud-checking agencies.
- Credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision, and financing).
DIRECT MARKETING AND YOUR PRIVACY
29. We do not disclose personal information for the purposes of direct marketing unless you have provided your consent for such disclosure. If you do not want to receive promotional information from us or our promotional partners, you can do so by contacting us (details below). Once we receive your instruction, we will remove your contact details from our distribution lists. Please allow 28 days for this process to be completed. You can also use the unsubscribe feature that we include in our electronic newsletters (e-newsletters).
OUR WEBSITES AND COOKIES
- To analyse the use of a Website (using analytics software, including but not limited to Google Analytics).
- To improve the Website's usability.
- To administer the Website.
- To personalise a Website for each user.
- To improve the security of a Website.
- To target our marketing and advertising campaigns more effectively by providing interest-based advertisements that are personalised to your interests.
SECURITY OF PERSONAL INFORMATION
32. Moonlit Models will take reasonable steps to protect personal information it holds from misuse, loss, unauthorised access, modification, or disclosure.
ACCESS TO PERSONAL INFORMATION
33. You may request details of personal information that Moonlit Models holds about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information that Moonlit Models holds about you, please contact Moonlit Models' privacy officer via email: firstname.lastname@example.org. Moonlit Models may refuse to provide you with information that it holds about you, in certain circumstances set out in the Privacy Act.
COMPLAINTS ABOUT PRIVACY
34. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to Moonlit Models' privacy officer via email: email@example.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
37. If you have any questions or feedback about privacy, or the way in which we handle your personal information, please contact Moonlit Models' privacy officer via email: firstname.lastname@example.org.
EUROPEAN UNION DATA SUBJECTS
38. In accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), if you are an individual protected by the GDPR and would like to exercise your rights under the GDPR, including the right to access, rectify, or erase your
personal data, please contact Moonlit Models' privacy officer via email: email@example.com. Please note that we may ask you to provide additional information to verify your identity before fulfilling your request.
18 U.S.C. 2257 and 2257A Record-Keeping
We uphold compliance with the U.S.C. Title 18, Sections 2257 and 2257A, along with associated regulations. All individuals depicted in any visual depiction of real or simulated sexually explicit conduct on this website were 18 years of age or older during the creation of such content. Records stipulated by U.S.C. Title 18, Sections 2257 and 2257A, are stored and managed by EKM Management Limited.