Terms & conditions

1. Who we are

ModelShots (the "platform") is operated by:

In these terms "we", "us" and "our" refer to Davona.

2. Definitions

• Member: anyone with an account on the platform.
• Photographer: a member who publishes albums with photos or videos.
• Model: a member who appears in content, is tagged in it, or receives a share of its revenue.
• Buyer: anyone who buys an album, a photo or a video, with or without an account.
• Content: photos, videos, texts, tags and other material that members upload or publish.

3. Your account

1. You must be at least 18 years old to create an account. Members aged 16 or 17 may only register with the consent of a parent or guardian.
2. You provide accurate details, confirm your e-mail address, and keep your information up to date. A username may not mislead others or infringe the rights of third parties.
3. You are responsible for keeping your password secret and for all activity on your account. Let us know immediately if you suspect misuse.
4. An account is personal and cannot be transferred.

4. Your content & rights

1. You keep your copyright. Uploading content does not transfer any intellectual property rights to us.
2. To run the platform you grant us a non-exclusive, worldwide, royalty-free licence, for as long as the content is online, to store, copy, resize, watermark, display, stream and deliver your content to buyers, and to show thumbnails and previews of public albums to promote the platform (for example on the home page, in search engines and on social media).
3. We create lower-resolution previews with a watermark. Originals are only delivered to buyers or to people you give access to (for example with an access code or a free album).
4. You guarantee that you hold all rights needed to publish and sell the content, and you indemnify us against claims of third parties in this respect.

5. Models, consent & portrait rights

1. Every recognisable person in your content has a right to their own image (portrait right, art. XI.174 Belgian Code of Economic Law) and to the protection of their personal data (GDPR).
2. You only publish or sell content of recognisable people when you have their prior, informed consent for that use, preferably in a written model release or a TFP agreement. You can show this consent to us on request.
3. Content of minors may only be published with the written consent of their parents or guardians, and never in a sexual or suggestive context.
4. A model who did not give consent, or who withdrew it within the limits of the agreement made, can report the content to us. We will review the report promptly and may take the content offline in the meantime.

6. Content rules

It is not allowed to publish content that:

• contains nudity of or sexualises minors, or shows sexual content without the consent of everyone involved;
• is pornographic, violent, hateful, discriminatory or otherwise unlawful;
• infringes the copyright, trademark, portrait right or privacy of others;
• is spam, misleading, or contains malware.

You can report content that breaks these rules at any time. We may remove content and suspend accounts without prior notice when there is a serious breach. We are a hosting provider: we do not check content before publication, but act as soon as we become aware of unlawful content.

7. Collaborations & revenue sharing

1. The owner of an album decides who can see it (public, private, or a selection album for one model), which items are free or paid, and the prices.
2. The album owner can share the revenue of an album with other members, for example the model. The percentages set in the studio determine how each sale is split after the platform fee.
3. Agreements between photographers and models (fees, TFP, usage, credits, exclusivity) are made directly between them. We are not a party to those agreements and are not liable for their performance.

8. Buying photos & videos

1. Prices are shown in euro and include VAT where applicable. The price shown at checkout is the price you pay.
2. Payments are processed by our payment provider Mollie. The purchase is final once the payment is confirmed.
3. After payment you can download the originals without watermark from your account, as often as you like while the content is online.
4. Licence for buyers: unless the seller states otherwise, you receive a personal, non-exclusive, non-transferable licence to use the purchased content for private, non-commercial purposes, including sharing on your personal social media with credit to the photographer. Reselling, redistributing, commercial use or editing that harms the reputation of the people depicted is not allowed without the written permission of the photographer and, where relevant, the model.
5. If a download does not work, contact us and we will help you or refund the purchase.

9. Right of withdrawal

Consumers normally have a right of withdrawal of 14 days. For digital content that is not supplied on a tangible medium, this right ends once the supply has started with your express prior consent and your acknowledgement that you thereby lose your right of withdrawal (art. VI.53, 13° Belgian Code of Economic Law).

By completing a purchase you ask us to make the content available immediately, and you acknowledge that you lose your right of withdrawal as soon as the download becomes available. If the content does not match its description, you can of course still rely on your legal rights.

10. Earnings & payouts

1. For every sale we keep a platform fee of 10% of the sale price. The rest is divided among the members according to the revenue shares of the album.
2. Earnings are paid out by bank transfer to the IBAN in your account, once your balance reaches at least € 500,00.
3. You are responsible for declaring your income and for any taxes, VAT and social contributions that apply to you.
4. If a payment is reversed or refunded, we may deduct the related earnings from your balance.

11. Messages & conduct

Members can contact each other through messages. Be respectful: harassment, threats, unwanted sexual advances, spam and attempts to lure members into unsafe situations are not tolerated. Meeting someone for a shoot is at your own responsibility; always meet in a safe place and agree on the terms in advance.

12. Liability

1. We do our best to keep the platform available and secure, but cannot guarantee it will work without interruption or errors. Keep your own backup of your originals.
2. We are not liable for content published by members, for agreements between members, or for indirect damage such as loss of income or data.
3. Our total liability is limited to the amount you paid to us or earned through the platform in the 12 months before the event, except in case of intent, gross negligence, or where the law does not allow a limitation.

13. Privacy

Davona is the controller of the personal data processed on the platform. We process your details (name, e-mail, profile, content, purchases, payouts and messages) to provide the service, to handle payments and payouts, to comply with our legal obligations (such as accounting) and to keep the platform safe. We use trusted processors, such as our hosting and storage provider, our payment provider and our e-mail provider, and do not sell your data.

You have the right to access, correct, delete and port your data and to object to its processing. Contact us at the address above. You can also file a complaint with the Belgian Data Protection Authority (gegevensbeschermingsautoriteit.be).

14. Suspension & termination

You can stop using the platform and ask us to delete your account at any time. We may suspend or close an account in case of a breach of these terms, fraud, or on the instruction of an authority. Purchases already made by buyers remain available to them where possible, and earnings that are due will be paid out after deduction of any amounts owed.

15. Changes to these terms

We may change these terms, for example when we add features or when the law changes. We will announce important changes at least 14 days in advance by e-mail or on the platform. If you keep using the platform after the changes take effect, you accept the new terms.

16. Applicable law & disputes

These terms are governed by Belgian law. We always try to resolve a complaint together first, so please contact us. Consumers can also turn to the Consumer Mediation Service (consumentenombudsdienst.be) or the European Online Dispute Resolution platform.

Disputes are submitted to the courts of the judicial district of Leuven, without prejudice to the mandatory rules that allow consumers to bring proceedings before the court of their place of residence.