marriedsex.net is a website (the “Site”) operated and owned by Take Two Digital Ltd (“Company” “we”, or “us” or “our”) and is operated as an online dating and entertainment service. We are a private company incorporated and registered in Cyprus with company number HE 431781 whose registered office is at the 14 Georgiou Saktouri street Taliotis court, Suite 202, 8011, Paphos, Cyprus.
Please read these Terms carefully before using the Site and please ensure that you understand them.
2. ACCEPTANCE OF THESE TERMS
These are the Terms on which we supply our services to you, as such are described in paragraph 9 below (the “Services”). They tell you who we are, how we will provide our Services to you, how you or we may change or end the contract, what to do if there is a problem and other important information. By accepting these Terms, you explicitly agree to comply and will be bound by these Terms as well as other terms, policies and guidelines incorporated by reference herein.
We recommend that you save a copy of these Terms for future reference.
You further acknowledge and agree that by clicking on any button labelled “SUBMIT”, “I ACCEPT”, “I AGREE” ”REGISTER”, “SIGN-UP” or similar links or buttons upon registration or upon any subsequent update of the Terms, you are submitting a legally binding electronic signature.
3. CHANGES TO THESE TERMS
These Terms are subject to change and we reserve the right, at our sole discretion, to modify and/or amend and/or replace these Terms from time to time. Material changes to these Terms will be implemented provided that you have been notified in advance of the changes taking effect. What constitutes a material change will be determined by us at our sole discretion. If you disagree with any changes, then you may not continue to use or access the Site.
You can see when we last changed these Terms by referring to the ‘LAST UPDATED’ statement at the beginning of the Terms.
In this paragraph, the term “changes” shall be interpreted broadly and shall include any modifications, amendments, revisions and restatements whatsoever, including adding or removing any provisions of these Terms.
We will notify you of changes to the Terms in one of the ways described in paragraph 18 or through a pop-up window upon your next visit to the Site.
Where we notify you of changes via email, such changes shall be effective and shall be deemed received by you immediately after being sent to the email address you have provided us with even if:
a) our email notification is filtered as a spam, junk, bulk, or other undesirable or low priority message and is not displayed in your email inbox; or
b) you do not actually read it for any other reason.
By accessing or using the Site, you agree that you:
a) are at least 18 years old (or 21 years in certain jurisdictions such as the US states of AL, MS, NE, and WY);
b) will not permit any persons who are not of legal age in the jurisdiction where this Site is being viewed to view or access, in any way, any materials found therein;
c) understand that by accessing the Site, you may be exposed to materials that may include but are not limited to, visual images and verbal descriptions of a sexually oriented and erotic nature. You affirm that, in case you view such materials, you will not be offended by them;
d) may not authorise others to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity;
e) have not previously been suspended or removed from the Site;
f) are entitled to enter into this agreement and to abide by all of these Terms and comply with all applicable and relevant legislation;
g) are not a competitor of the Company and that you are not accessing and/or using the Site for reasons that are in competition with us or other than for its intended purpose;
h) will not violate the rights of any other person, including their privacy rights or rights of publicity, by inter alia, creating an Account for someone other than yourself or uploading photographs of someone other than yourself, and
i) will not use the Site and/or any of its content for fraudulent or unlawful purposes.
In order to use the Site and have access to the Service, you must become a user of the Site for free by following the designated sign-up procedure (the “Registration”) through which you will be requested to input certain information in order to create an account on the Site (the “Account”).
In order to create an Account, you must enter the requested details on the Site’s sign-up page. Specifically, you will be requested to enter certain personal details, including but not limited to your age, date of birth, city and country of residence and your email address. You will also be asked to create a username and password. You will then be requested to verify your Registration by clicking on the link sent by the Site to your e-mail address.
When registering, you are prohibited from selecting or using as a username:
a) a name of another person with the intent to impersonate that person;
b) a name that is subject to any rights of a person other than you (including copyright protection) without appropriate authorisation, or
c) a name that is otherwise offensive, vulgar or obscene.
The username is created only once and will allow you to access and use the Services at any time.
Once you access the Services for the first time by logging into your Account, you will be requested to provide complementary information concerning your profile and your preferences, including text, interests and photos. You may adjust such details at any time. Your details will be visible to other users.
You have the option to further verify your profile through SMS verification.
In certain circumstances, such as when we reasonably suspect that a user is a minor, we may request additional information and/or documents to verify the user’s age and identity, including a copy of the user’s identification card or passport.
You guarantee that any information you provide for the purposes of Registration and/or completing the profile details in your Account is accurate, true, current and correct and that any changes to this information will be updated as soon as reasonably practicable.
Registration is void where prohibited by law.
6. PERSONAL ACCOUNT DETAILS
You must treat your login information, namely your username, password and/or email address (the “Account Information”), as confidential information. You must not disclose the Account Information to any third party. We do not encourage you to write down the Account Information, as others could gain access to your Account.
We reserve the right to reset your password:
a) on your request and/or
b) at our discretion, if we suspect or reasonably believe that your Account has been accessed by a person other than yourself.
The Company shall not be responsible for any loss suffered by the user resulting from the unauthorised access or use of his Account where such has resulted from the user’s breach of this paragraph 6.
7. UPLOADING AND POSTING CONTENT ON OUR SITE
Whenever you make use of a feature that allows you to upload and/or post content on our Site including any content shared with other users in communications with them through the Site and/or any information or content you include in your Account (jointly the “Contribution”) you must comply with the content standards set out in this paragraph and any additional guidelines issued by the Company from time to time, including in connection to text and photos.
You warrant that any such Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of the aforesaid warranty.
We have the right to review any Contribution you make on our Site and remove or reject any Contribution uploaded on the Site if, in our opinion, it does not comply with the content standards set out in these Terms and the relevant Company guidelines.
The Contribution must:
a) be accurate (where it states facts);
b) be genuinely held (where it states opinions); and
c) comply with the law applicable in any country from which it is posted.
The Contribution must not:
a) be defamatory of any person, obscene, offensive, hateful or inflammatory;
b) contain and/or display any private user information, including (non-exhaustively) real name, phone numbers, social media links and postal addresses;
c) bully, stalk, insult, intimidate or humiliate;
d) include child sexual abuse material or any other material including or referring to minors;
e) promote violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any other illegal activity;
f) advertise, market or otherwise promote any goods or services unrelated to the Site and/or the Services;
g) infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
h) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
i) be likely to deceive any person, harass, upset, embarrass, alarm or annoy any other person;
j) impersonate any person, or misrepresent the identity of the user or his affiliation with any person;
k) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse, and/or
l) contain a statement which the user knows or believes, or has reasonable grounds for believing, that users of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Any Contribution of users does not represent our view or values.
8. LICENCE GRANTED TO THE SITE
When you make a Contribution that is covered by intellectual property rights, you hereby grant to us, our affiliates, licensees and successors a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such Contribution (in a way that is at all times consistent with our privacy notice).
You hereby warrant and undertake that:
a) you are the sole owner of the Contribution and you have the full authority to grant us the licence set out in this paragraph 8;
b) the Contribution does not incorporate any material that infringes the copyright or any other intellectual property rights or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any blasphemous or defamatory matter, and its use shall not place any person in contempt of court nor in breach of any provision of any statute and/or any contract;
c) you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Contribution or the use of the Contribution by us, has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim, and
d) you have secured all third-party permissions and releases necessary to grant this licence to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms. You hereby acknowledge that we shall not be liable for any such payments.
9. THE SERVICES OFFERED THROUGH THE SITE
Subject to the terms of the licence granted to users pursuant to section 31 of these Terms, we grant users the right to use the Services offered on the Site which include, but are not limited to:
a) Access to other user profiles on the Site,
b) Communication with other users by sending them messages, stickers and/or photos;
c) Access to other materials available on the Site which enhance user experience.
Upon your completion of the Registration, you will be able to view other profiles on the Site free of charge. From time to time we may provide other free Services on the Site, including the provision of free coins at our discretion.
All other Services on the Site will be provided upon payment of a service fee and may be subject to additional terms and conditions, which will be notified to you at the time of purchase of the relevant Service.
The Services can be used via desktop devices as well as compatible mobile devices such as smartphones and tablets.
Without limitation to this paragraph, you agree that you will only use this Site in a manner consistent with its purpose and in accordance with these Terms.
Without limiting the foregoing, we reserve the right to stop offering the Services at any time.
10.PROFILES AND INTERACTIONS WITH OTHER USERS
We make all reasonable efforts to ensure that all Accounts are created in accordance with these Terms so that you can enjoy the Services we provide in a safe and reliable environment. For example, we check profiles manually to ensure that they are created in line with the Terms and request further verification documents where we reasonably suspect that a profile contains inaccurate information or has been created by a minor. We continue making manual audit checks to profiles throughout their life cycle to ensure that they continue to be used in compliance with the Terms. We also make sure to run all support tickets in a timely manner so that any issues our users encounter when using the Services are addressed quickly and efficiently.
Despite all efforts made from our end (some of which are described above), we cannot entirely control the actions of users carried out in violation of the Terms and/or the personal data and/or other information and/or content provided and/or published by such users on the Site and/or through direct communications with other users. As a result you may, from time to time, encounter users connected to Accounts which may have been created fraudulently or with the intent to defraud or drive you away from the Site or which may have been set up by computer programs with the intent to mimic human interactions (commonly known as bots).
In light of the above, you must ensure that you take all reasonable precautions in all your interactions with other users. You should never provide your personal or financial information, for example, your location or your credit card information to other users. Alternatively, you always have the option to block any user from contacting you again by using the ‘Block User’ functionality; by doing so you will be able to chat only with users with whom you will feel comfortable.
The Company operates system profiles (i.e. profiles connected to Accounts which have been created by the Company and which are either operated by contractors of the Company who impersonate the persons portrayed in such profiles or by a system designed to interact with users) and expressly reserves the right to chat with users through such system profiles in order to enhance the users’ entertainment experience. Physical contact with individuals behind such system profiles is strictly prohibited. The user further acknowledges that the Company may utilize and/or analyse the interactions the user has with such profiles in order to enhance his experience on the Site.
You recognise that we do not verify the information that other users provide to you, if any, is consistent with the registration details such users provide on their Account and are unable to confirm that any user is who he or she claims to be. We are not responsible for any damage or harm resulting from your interactions with other users and/or system profiles and encourage you to always use caution in selecting the information you share with others through our Site.
11. PROHIBITED USES
You may use the Site only for lawful purposes. Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Unauthorised framing of or linking to the Site will be investigated and appropriate legal action will be taken.
Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms.
You may not use our Site in any way:
a) that breaches any applicable local, national or international law or regulation;
b) that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
c) for the purpose of harming or attempting to harm other persons, including minors, in any way;
d) to bully, defame, abuse, harass, stalk, threaten, insult, intimidate or humiliate any person or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
f) that violates any requirements, procedures, policies or regulations of any networks;
g) to create a database by systematically downloading and storing Site content;
h) to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
i) to modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
j) to make profit through the use of the Site or the Service, and/or
k) to collect any personal information about other users and/or users of the Site without their consent.
You must not :
a) disclose the information you gain on the Site without the expressed permission(s) of the person(s) who gave it to you;
b) have more than one Account at any time;
c) copy content with respect to other profiles;
d) use any personal data of third parties which you receive through the Site for any purpose other than for the use of the Service in accordance with these Terms;
e) post anything on the Site that relates to another person except yourself;
f) create an Account that misrepresents your personal identity, or create an account for someone other than yourself;
g) remove any copyright, trademark, or other proprietary rights from any notices or other content contained on the Site;
h) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
i) collect usernames and/or email addresses of other users of the Site for any unlawful purpose;
j) attempt to interfere with the users’ enjoyment of the Site;
k) mislead, deceive or defraud other users;
l) purport to give any legal or medical advice or other form of professional advice through the Service;
m) access or use the Service from any place or jurisdiction where such use or access is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts, customs of such jurisdiction.
Previously banned users of the Site are not allowed to return to the Site and are not allowed to create a new Account or use their old one. If we identify that a previously banned user has created a new Account, we will immediately delete any such Account without further notice and reserve the right to take any other action we deem necessary to restrict a banned user from using the Site.
13. USER DISPUTES
We are not responsible for any disputes or disagreements between you and any user or system profile you interact with when using our Site. You agree to release us of all claims, demands and damages in disputes between you and other users or system profiles and not to involve us in such disputes. The Site makes no representations or warranties as to the conduct of its users or the system profiles. You assume all risk associated with dealing with third parties and agree to resolve disputes directly with the other party.
Creating an Account is free of charge.
In order to be able to communicate with other users you must spend coins. Such coins may be purchased in coin packages in prices displayed on the Site. In addition, the Company may in its absolute discretion provide the users with free or promotional coins from time to time. Free coins are not refundable and can be invalidated at any time.
The coins are virtual items that can only be purchased through the Site. Such coins may only be used for messaging and/or for purchasing any additional services that the Company may offer from time to time. Save in circumstances described in paragraph 17 below, coins are not refundable, cannot be transferred between Accounts and expire ninety (90) days after a user’s last visit to the Site.
Unless otherwise prohibited by law, virtual items (including coins) purchased by the users will be licensed to them and the users acknowledge that no title or ownership of the virtual items will be transferred or assigned to them.
The coin balance in the users’ Accounts with respect to the virtual items does not represent a real world account balance and does not reflect any stored value.
The Company may offer other services on the Site which may be purchased through a direct payment rather than through the spending of coins. For the purposes of these Terms, any payment made by a user either for the purchase of a coin package or for any other purchase on the Site shall be referred to as a “Purchase”.
The prices on the Site include VAT, where applicable.
If you wish to make a Purchase, you may be asked to supply certain payment details relevant to the Purchase and the payment method used.
All funds are quoted in the currency in which they are displayed. Any charge incurred as a conversion fee will be borne by the user.
We reserve the right to change our pricing policy or the method or manner in which we charge for the Services at any time. Please note that we do not operate with recurring payments. Our users decide for themselves when and how often they want to buy a new coin package or any other Service on the Site.
15. PAYMENT METHODS
For your convenience, we allow you to fund your transactions using a number of different sources, like credit cards and debit cards. When you provide your payment details, you confirm that you are permitted to use such payment details. If your transaction results in an overdraft or other fee from your bank, you are responsible for the payment of such fee.
Payments with a credit or debit card are carried out through a 3D secure system, when such system is available by the relevant financial institution from which the payment is made.
When you fund a transaction, you authorise us (and our designated payment processor) to charge the full amount to the payment credential you designate for the transaction. We and our designated payment processor will collect and store the payment details, along with other related transaction information.
Some banks and credit or debit card issuers may charge you a processing fee. This processing fee is controlled and charged by your bank or card issuer and not by the Company. If your transaction results in the charge of processing fees, you are responsible for the payment of such fees.
16. DELIVERY POLICY AND CONFIRMATION RECEIPT
We deliver access to our Services digitally. A confirmation receipt for your purchase is sent to your email once your purchase has been completed successfully. Should you encounter any issues with your purchase, please contact the support service of the Site, making reference to the order confirmation email you have received following completion of your purchase.
17. CANCELLATION, REFUND AND RETURN POLICY
The right of cancellation does not apply to any coins already spent.
Subject to the provisions of this paragraph 17, when the user requests the closing of his Account, any existing coin balance is NOT refunded.
If you need to cancel your Purchase, you should contact our Site as soon as possible, and in any case within the time period indicated below. Please be aware that any notice of cancellation, shall take effect upon its receipt by us.
You should be aware that you have a right to cancel any Purchase and obtain a refund provided that you:
a) exercise the aforementioned right within a fourteen (14) day period from the day of the Purchase;
b) indicate your intention of cancellation with a clear statement;
c) communicate your intention through the contact information as set out in paragraph 30 below and by additionally providing the details of your Purchase.
Once you have made a request for cancellation/refund you should stop spending any of the remaining coins in your coin balance. If you continue spending coins following your cancellation/refund request, the amount corresponding to the coins spent during such time will be deducted from the final refunded amount.
Refunds can only be made using the same means of payment that were used to place the original order as per the provisions of this paragraph.
We operate a “first-in, first-out” refund policy. This means that if, for example, you have initially purchased 200 coins and have subsequently earned another 200 free coins, the coins will be spent in the order they were received. Consequently, if you request a refund after you have spent 200 coins, your refund request will be rejected as all of your unspent coins will have been coins which were earned for free and which are not refundable. Please refer to paragraph 14 for further information on coins.
The Company reserves the right to refuse a refund request, if it reasonably believes or suspects: (i) that the user is trying to unfairly exploit this refund policy, (ii) that the user is in breach of these Terms, and/or (iii) that the user is using any of the Services fraudulently.
If the cancellation is successful, you will receive all payments you have made for the Purchase as soon as reasonably practicable and in any case within fourteen (14) days from the date of cancellation.
Exceptions to the above refund policy may apply due to the nature of certain Services offered. In such cases, you will be notified of the exception prior to your Purchase and will be asked to agree to waiving your right to a refund.
18. COMPANY NOTIFICATIONS TO USERS
We may contact you via SMS, push notifications, system messages or email for Account verification, message notifications and other purposes related to the Services and/or the Site. We may also contact you in order to inform you about offers, updates and/or provide you with other promotional material, provided that we always give you the option to opt-out of such communications in the future.
While we do not charge a fee for SMS, your carrier may charge standard messaging, data, and other fees, for which you are responsible. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timelines or final delivery of the message, as this is outside our control and it is the responsibility of the cellular telephone operator or other networks.
Unless specified otherwise in these Terms, any notice or communication shall be deemed to have been received on the next business day after transmission.
This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
19. WEBSITES WE LINK TO AND EXTERNAL LINKS
Our Site may contain external links to other websites and resources provided by third parties that are not owned or controlled by us and which are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party website.
You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such website or resource.
20. CHANGES AND FUNCTIONING OF THE SITE
We may update and change our Site from time to time to reflect changes to the needs of the user and to our business priorities. We will try to give you reasonable notice of any material changes. What constitutes a material change will be determined by us at our sole discretion.
We will use reasonable efforts to ensure that the Site is available at all times. We do not guarantee that the Site, or any content on it or any individual feature or function of it, will always be available and/or error free and/or be uninterrupted. In particular, the Site may be unavailable in certain periods during which we may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons or during implementations of upgrades or during essential maintenance on the Site. We will try to give you reasonable notice of any suspension or withdrawal, where such notice is practicably possible.
In the event that the Site does not function properly or at all, the Company shall not be held liable for any loss or damage suffered by users of the Site caused by its non-proper functionality or its failure to function entirely.
21. SITE SECURITY
We take all reasonably practicable steps to ensure that the Site is secure, however we are not responsible for possible viruses on our Site and we do not guarantee that our Site will be secure or free from bugs or viruses at all times.
You are responsible for configuring your information technology and computer programs to access our Site.
You should use your own virus protection software and you are prohibited from doing the following:
a) misusing our Site by knowingly introducing viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful and that may adversely affect the operation of the Site or of any computer software or hardware;
b) attempting to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer, network or database connected to our Site;
c) attacking our Site via a denial-of-service attack or a distributed denial-of service attack.
In the event that you breach any of the provisions of this paragraph 21, your right to use our Site will cease immediately. Such a breach may be reported to the relevant law enforcement authorities with which we may be required to co-operate by disclosing your identity to them.
In order to protect the integrity of the Site, we reserve the right at any time in our sole discretion, to block users from certain IP addresses from accessing the Site.
By agreeing to these Terms, you are deemed to agree and understand that whenever you use the Site and/or the Services, you do so at your own risk.
22. MONITORING OF THE SITE AND COMPLIANCE WITH THESE TERMS
For the purposes of ensuring compliance with these Terms, we:
a) monitor profiles and chat messages in relation to the users of the Site; and/or
b) may delete or edit profiles, public postings, messages and other material that is deemed to be unacceptable and/or that violates these Terms.
If while monitoring the Site, we reasonably suspect for any reason, that a user is not eligible to use the Site and the Services in accordance with paragraph 4 of these Terms, we reserve the right to request additional information from such user, including official identification documents (if necessary), in order to verify that the information uploaded on the Site is accurate and refer to the person who created the profile in question.
For the purposes of monitoring, your communications through the Site will be stored.
23. OUR RESPONSIBILITY AND LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU/LIMITATION OF LIABILITY
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation or in connection to any other liability for which it would be illegal for us to exclude, or attempt to exclude its liability. To the fullest extent permitted by law, we expressly exclude:
a) all conditions, warranties and other terms that might otherwise be implied by law into these Terms; and
b) any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Site.
Without prejudice to the above and to any other exclusions of liability set out in these Terms, and to the fullest extent permitted by law, neither we nor our affiliated companies and/or contractors shall be liable for:
a) the content of any of your Contributions;
b) your interactions with other users on or off the Site;
c) any misrepresentation of information by you or any other user;
d) any Account that violates any relevant legislations;
e) any loss or damage (whether direct, indirect or consequential and whether economic or not), suffered by you via the use of our Site, including without limitation loss of income or revenue, emotional distress, bodily harm, trade secret misappropriation, intellectual property infringement, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings;
f) any interruptions to your Internet access and/or any other technical issues you may experience when using the Site and/or the Service.
In the event that the we or our affiliated companies or contractors are held liable towards you, such liability shall not exceed the amount of payment submitted by you for the Service. Any liability arising from the users’ provision of information, email and other forms of personal messages to other users on the Site, shall be borne by the users. Nothing in this paragraph 23 is intended to limit any rights you may have as a consumer under any applicable consumer law.
Any limitation and/or exclusion of liability referred to in this paragraph also applies to the Company’s employees, legal representatives, agents and subcontractors.
24. OTHER TERMS THAT MAY APPLY TO YOU
The terms of the Site’s Privacy notice also apply to your use of the Site and form part of these Terms.
25. BREACH OF THESE TERMS
When we consider that a breach of these Terms has occurred, we may take such corrective action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of the Terms and may result in our taking all or any of the following actions:
a) immediate, temporary or permanent withdrawal of your right to use our Site and the Services;
b) immediate, temporary or permanent removal of any Contribution uploaded by you to our Site;
c) issue of a warning to you;
d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) further legal action against you;
f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law;
g) claim damages for any loss sustained by your breach.
The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
If you feel or suspect that there has been a breach, of any kind, of your Account and/or the information displayed on your profile you should:
a) notify us as soon as reasonably practicable by contacting us via our Support Contact Form; and
b) change your password as soon as possible after a suspected breach.
Without prejudice to any other indemnity provisions set out in these Terms, to the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Company, its affiliated companies and their respective officers, directors, partners, employees, agents, and contractors against any claims, causes of action, damages, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
a) your use of the Site or the Service;
b) your breach of these Terms and/or any warranties and/or undertakings under these Terms;
c) any Contribution posted by you or anyone using your Account;
d) your violation of any rights of a third party, including a third party’s intellectual property rights; and
e) your violation of any applicable laws, rules or regulations.
27. RESTRICTED AREAS
We reserve the right to restrict your access to the Site or to any part of it (the “Restricted Site Areas”), without notice or liability. This includes the availability of different features and aspects of the Site and/or the content of it.
Access to Restricted Areas may be subject to certain conditions. If we grant you permission to access any of the Restricted Areas, we may withdraw that permission at any time (including where you breach any of these Terms).
28. REPRESENTATIONS AND WARRANTIES
We provide the Site on an ‘as is’ basis. We make no representations as to the quality, completeness or accuracy of any content made available on the Site and we are therefore not liable for false or misleading statements by users.
Without limiting the foregoing, neither we, nor any of our affiliated companies, contractors, employees, licensors or representatives warrant:
a) that the Site or the Service will meet your requirements or will be accurate;
b) that the Site or the Service will always be available or will be uninterrupted, accessible, timely or secure;
c) that any defects on the Site or Service will be corrected;
d) that the Site will be free from any viruses;
e) the accuracy, reliability, timeliness or completeness of any material posted or accessible on or through the Site or Service, specifically including material in user profiles.
29. TERMINATION OF ACCESS TO THE SITE
You may request to cancel your Account at any time by following the designated deletion steps in your Account or by contacting us with a request to delete your Account. You can find further details on how to delete your Account in our FAQs. Your Account will be deactivated immediately upon our receipt of the relevant cancellation request.
In the event that you have not accessed your Account for a consecutive period of ninety (90) days, any coin balance remaining in your Account will be forfeited.
Notwithstanding any other legal remedies that may be available to us, we may at any time and for any reason, terminate and/or suspend and/or deactivate your access to the Site or use of the Site immediately without prior notice or liability for any reason whatsoever.
Without limiting the generality of the foregoing, we may immediately suspend and/or deactivate and/or terminate your Account without notice if:
a) you breach any of the Terms;
b) you have provided false, inaccurate, incomplete or incorrect personal or other information to the Company;
c) your actions may cause or have caused damage or loss to other users or to the Company, its affiliated companies, agents and/or subcontractors, and/or
d) we reasonably believe, suspect or become aware that you are a minor.
In the event of termination and/or suspension of your access to the Site by the Company:
a) we and our affiliates shall not be liable for any termination of your access to the Site and/or your Account;
b) any coin balance remaining in your Account will be forfeited;
c) all provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
30. CONTACT INFORMATION
We strive to make our Services and our Site better every day so that you can have the best experience possible whilst on the Site. Whilst we constantly make improvements on the basis of our own observations of how our users interact with the Site, your direct feedback in relation to your own experiences when using the Site is invaluable to us. Rest assured that we take all of your comments and critiques into account both in order to make your own experience better but also in order to improve the overall interaction of our users with the Site.
If you do wish to contact us in order to give us feedback, make suggestions or give us details of any aspects of the Site which you like or dislike (including in relation to content uploaded by other users), please feel free to contact our customer support team at any time either via email to or by sending us a support ticket by using the following link Support Contact Form.
When communicating with our customer support team, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, and to not otherwise behave inappropriately. If we feel that your behaviour towards any of our customer support team or other employees is at any time not in compliance with the aforementioned requirements, we reserve the right to immediately terminate your Account (without prejudice to the generality of other provisions of these Terms).
31. PROPRIETARY RIGHTS
Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated by the Company when using the Services, including, without limitation, the Site’s and/or Company’s logo and all designs, text, graphics, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Content“) are the property of the Company and/or its licensors and are protected by copyright and/or other intellectual property laws. All rights to the Content are expressly reserved. Nothing contained in the Services may be construed as granting expressly, by implication, estoppel or otherwise, any licence or right to use any trademark, copyright or other proprietary right of the Company including but not limited to the Content or any third party without the prior written permission of the Company or such other party that may own such trademark, copyright or other proprietary right(s).
The Site, its logo and all other product or service names or slogans displayed on or communicated through the Services, may not be copied, downloaded, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable copyright or trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, downloaded, imitated or used, in whole or in part, without the prior written permission of the Company. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Services are the property of their respective owners.
In return for you agreeing to comply with these Terms, we grant you the right to view and use the Site, the Content and/or the Services for your personal purposes only.
This licence is provided to you on a on a limited, revocable, personal, non-transferable, worldwide, non-exclusive, non-sublicensable basis and will continue until termination by either party of the user’s Account in accordance with these Terms. All rights not expressly granted to you are reserved by the Company. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services, the Site and/or the Content will be consistent with this licence and will not infringe or violate the rights of the Company or of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
32. INTELLECTUAL PROPERTY RIGHTS
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Site respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Site. Our intellectual property policy is to:
a) remove or disable access to material that we believe, in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through the Site; and
b) remove any Contribution of an infringer.
We consider an infringer to be any user that has uploaded a Contribution to or through the Site and about whom the Site has received a takedown notice with respect to such Contribution content.
We have discretion to terminate the Account of any user after receipt of a single notification of claimed infringement or otherwise upon our sole and exclusive determination.
If you believe that any Contribution has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly communicate with us through the contact information provided in paragraph 30 above.
Your communication must include substantially the following:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed;
b) identification of the material allegedly being infringed;
c) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Site;
d) information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
f) a statement that the information provided by you to us, is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company may assign or transfer any of its rights and obligations and claims under these Terms and you hereby give us consent to any such assignment and transfer.
You as the user of the Site may not assign or transfer any of their rights, claims or obligations under these Terms.
34. NO WAIVER
A waiver of any right or remedy under the Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall not constitute a waiver of that or any other right or remedy, not shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
35. FORCE MAJEURE
We shall not be responsible for any delay in performing or failure to perform any of our obligations under the Terms if such delay or failure results from unforeseen circumstances or causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; pandemics, war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer or server, for so long as such event continues to delay the Site’s performance.
If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) shall not affect the legality, validity and enforceability of the rest of these Terms.
37. ENTIRE AGREEMENT
These Terms as well as all other terms, policies and guidelines incorporated by reference herein form the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
38. GOVERNING LAW AND JURISDICTION
The Terms, their subject matter and their formation are governed and construed in accordance with the Law of Cyprus. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation shall be governed by and construed in accordance with the Law of Cyprus. The courts of Cyprus will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms.