Terms of Use DownUnderFlirt

These are the Terms of Use (as defined below) of the limited liability company Festivus Media BV, with registered office at Bezuidenhoutseweg 161, The Hague, registered in the Commercial Register of the Chamber of Commerce under file number 60194235, which apply to the use of the Platform and the Website the terms and conditions defined below. We recommend that you read these Terms of Use carefully, together with our Privacy Policy and any other terms expressly stated in this document. Familiarize yourself with your rights and responsibilities when using the Platform. These Terms of Use constitute a legally binding agreement between you and Festivus Media BV in relation to your use of the Platform and the Website. If any of the above documents contain anything with which you do not agree, you should not use the Platform or the Website.

Article 1. Definitions

1.1 These General Terms and Conditions apply to all legal relationships between Festivus Media BV
Bezuidenhoutseweg 161
2594 AG
's-Gravenhage (hereinafter: "Provider") towards the users of the website DownUnderFlirt.ch and all Subpages (hereinafter also: “website”).

1.2 A user is anyone who uses the website as a guest and/or registers on the website. In order to actively use the website and its services, registration is required, for which the user needs a personal password.

1.3 Deviating user regulations do not apply unless the provider has expressly confirmed this in writing. Individual agreements always have priority.

1.4 The contract language is German.

1.5 Read the Terms and Conditions carefully before using this website and/or our services. If you do not agree with one or more credits in our general terms and conditions, please cancel your visit here. This or future visits to this website and/or use of our services imply your acceptance of these Terms and Conditions in full and without reservation.

Article 2. General

2.1 Festivus Media BV is entitled to change and/or supplement these terms of use at any time. Changes to the Terms of Use will be announced by email or via the Platform and will come into force 14 days after notification. The latest version of the Terms of Use can be accessed via the Platform and on the Website. If the user continues to use the platform after changes and / or additions to these terms of use, he irrevocably accepts the changed and / or additions to the terms of use. If the User does not agree to the modified and / or supplemented Terms of Use, his only option is to terminate his Account in accordance with Article 12 and to remove his Account, after which the User will no longer be able to use the Service

2.2 The Applicability Any purchase or other terms and conditions of the user are hereby expressly excluded and such terms and conditions therefore do not bind Festivus Media BV.

2.3 To the extent that provisions of the Terms of Use are null and void or declared void, the remaining provisions of the Terms of Use remain in full force and effect. Festivus Media BV will replace the invalid or invalid provisions with new provisions, respecting as closely as possible the purpose and spirit of the invalid or invalid provisions.

Article 3. The Service

The service that Festivus Media BV provides to the user consists of the availability of the platform for which the user can create an account. After creating this account, the user can exchange messages with other users provided the user has enough credits.

3.2 The main objective of the Service is to bring the User into contact with other Users so that they can communicate with each other through the Platform.

3.3 It is not the aim of the service to establish real contact between the user and other users of the platform. The user is not prohibited from making such agreements with other users. Festivus Media BV can therefore in no way guarantee that such contact can actually be established via the platform.

3.4 The use of the service is only permitted to users who have reached the age of 18. By accepting these Terms of Use and using the Service, you confirm that you are at least 18 years old. If the User has not yet reached this age, does not agree with the content of the Platform and / or is outside the geographical area on which the Service is focused, the User must immediately stop using the Service and terminate his Account. If the user violates this article, Festivus Media BV has the right to immediately remove the user account without refunding the user's credits. 3.5 The User warrants that all information entered into his Account is correct, complete and up to date and that any changes to personal characteristics and / or preferences by the User will be immediately processed in the Account.

3.6 The User is expressly not authorized to create an account on behalf of another person or to create a fictitious account. Festivus Media BV has the right to remove such accounts immediately.

3.7 The User is at all times personally responsible for maintaining the confidentiality of his or her login details and the User is liable for all uses made via his or her login details. As soon as the user knows or has reason to suspect that his login details are being stored by unauthorized persons, he must inform Festivus Media BV by contacting Support@fesivusmedia.com, without prejudice to his own obligation to take effective measures immediately , like changing his login details.

3.8 The user is prohibited from publishing contact details such as telephone numbers, addresses, surnames, URLs, email addresses or other personal information. Festivus Media BV reserves the right to reject, change or delete profiles.

3.9 Festivus Media BV expressly reserves the right to create profiles on the Platform and to send messages to the User for these accounts. By accepting these Terms of Use, the User understands and accepts that some of the profiles on the Platform are fictitious and created solely for the purpose of exchanging messages with. No real meetings are possible for such accounts.

3.10 Festivus Media BV endeavors to provide the Service in a prudent and professional manner. The Service is provided at all times on the basis of a commitment to use best efforts. The user therefore accepts that the platform only contains the functionalities and other features as they are found on the platform at the time of use (“as is”). For this reason, Festivus Media BV expressly excludes any express or implied warranties, representations and indemnities of any kind in relation to the Platform and the Website.

3.11 Festivus Media BV is entitled - without prior notice and without obligation to pay compensation or to be liable to the user in any way - to change the service, an account and / or the platform at any time and / or (temporarily) terminate (the content of) and carry out maintenance in relation to the Platform without prior notice.

3.12 The User is personally responsible for the purchase and / or proper functioning of the infrastructure and telecommunications facilities (including an Internet connection) necessary to use the Service.

3.13 In order to use the Platform, the User must have the necessary hardware and software as well as the necessary parameters to use the Website properly, e.g. B. access to the Internet. Users are also advised to enable JavaScript features, cookies and pop-ups. Although we endeavor to ensure that the Platform is compatible across devices, we cannot guarantee that it will work on all devices and you are responsible for ensuring that you can meet any necessary system requirements. Your use of the Platform and the enjoyment of its features and content hosted or made available through it may vary in functionality, availability and quality depending on the type of device you use.

Article 4. Credits

4.1 Active use of the website is only possible after prior registration as a member. A user can register for free.

4.2 Registration takes place by opening a user account, whereby each user must accept these general terms and conditions. Upon completion of the registration process, a contract for the use of the website (hereinafter: “User Agreement”) is concluded between the provider and the respective user. Until registration access is completed, the user can correct their entries directly in the corresponding input fields using the usual keyboard and mouse functions. The provider confirms the conclusion of the user contract to the user by email. There is no entitlement to conclude a user agreement.

4.3 Registration is only permitted to natural persons with unlimited legal capacity. Minors are not allowed to register with the provider.

4.4 When registering, users provide a user name and choose a password. Communication between the provider and the users takes place via the email address provided. Users must keep their password secret. The respective user is solely personally liable for the use of his or her account by third parties, regardless of the manner in which they gained access to this account.

4.5 The data requested by the provider during registration must be provided completely and correctly, e.g. user name and valid email address. If the data provided subsequently changes, the user is obliged to correct the information immediately.

4.6 Every user is obliged to inform the provider immediately if there are indications that their access has been misused. In principle, every user is liable for all activities that are carried out using their access.

4.7 Registration is free of charge and unlimited. The user can terminate his user agreement at any time in writing or by email. The termination must be sent to: support@DownUnderFlirt.ch Festivus Media BV
Bezuidenhoutseweg 161
2594 AG
's-Gravenhage, stating the service.

4.8 The usage data will be deleted no later than 3 months after receipt of the notice of termination.

4.9 The use of the individual entertainment services, in particular sending flirt messages, sending attributes, viewing additional pictures and other optional entertainment offers, is subject to a charge. Paid content is marked as such. Payment is made through virtual credits.

Article 5. Right of withdrawal

5.1 According to European law, the User has the right to withdraw from his contract for the purchase of Credits within fourteen (14) days from the date of purchase of the Credit, unless the User has agreed at the time of purchase that he will do so Lost credit. The user acknowledges and accepts that the credit upon payment is provided directly by Festivus Media BV. The User also acknowledges and accepts that by using the Platform and purchasing Credits, he/she expressly waives the legal right to cancel the purchase of the Credits. Credits cannot be converted into money. In any case, the cancellation period ends 14 days after the day on which the contract to purchase the credit was concluded.

Article 6. Contents

6.1 The user is not permitted to use content published by other users on the platform, such as: B. their profiles or messages, in a way that does not correspond to the objective set out in article 3.2 and / or is intended for purposes other than personal use.

6.2 The User understands and accepts that the content published by him on the Platform is visible to other users of the Platform and can be used by such users, and Festivus Media BV assumes no liability for such use.

6.3 The user may never publish or otherwise distribute content via the platform that i) infringes or violates the rights of Festivus Media BV, other users of the platform and / or third parties. including intellectual property rights and privacy rights, ii) contains or refers to illegal content, iii) may damage the reputation of Festivus Media BV, iv) contains content of a defamatory, offensive, obscene, infringing or violent nature, or otherwise violates the law, this is at the sole discretion of Festivus Media BV or v) is otherwise unlawful. The user is personally and fully responsible for any damage resulting from breach of this warranty.

6.4 This website or service is for adult entertainment purposes. It is not our goal to establish physical appointments/contact between members. The User is aware and agrees that we use moderated and fictional profiles for online adult entertainment purposes. Festivus Media BV expressly reserves the right to send messages to this site via self-created profiles. Physical contact with these fictitious profiles is not possible. Festivus Media BV disclaims all liability to the fullest extent permitted by law and does not guarantee any damage or inconvenience caused by the service.

6.5 Festivus Media BV reserves the right to reject content, such as the photo published by the user, if this is necessary in the opinion of Festivus Media BV, without this giving rise to the user's right to compensation and / or Reimbursement and/or liability of Festivus Media BV. Published content will be removed from the platform in accordance with the procedure described in Article 11.

6.6 Users are encouraged to report inappropriate content to us. You acknowledge that such notification may occur and that we may take the steps described in these Terms of Use with respect to any information that comes to our attention.

Article 7. Data protection

7.1 When creating the account and using the platform, the user provides personal data to Festivus Media BV. This personal data will be processed in accordance with Festivus Media BV's privacy policy and applicable laws. For more information about our collection and possible use of the information and materials you provide, please click on the link above to our Privacy Policy. By using the platform, you agree to the terms of our privacy policy.

7.2 You acknowledge and agree that Festivus Media BV may disclose the information provided by you upon request from a third party, if required to do so by law or if we, in our sole discretion, believe that disclosure is necessary is reasonable to (1) conform to the law, law enforcement requests or orders, or legal process; (2) protect or defend the rights or property of Festivus Media BV or a third party; or (3) to protect the health or safety of any person, such as when there is a risk of harm to a person (including the user). 7.3 If the User processes personal data of other Users and / or third parties when using the Platform, the User is personally responsible for the processing at all times. The user guarantees that such processing will at all times be carried out in accordance with applicable laws and the user releases Festivus Media BV from all claims of third parties in this regard. By accepting these Terms of Use, the User confirms that he will never use the contact details of other users of the Platform to send mailings or other unsolicited messages other than messages through the Platform.

Article 8. Intellectual Property Rights

8.1 The intellectual property rights associated with the Service, including the Website and the Platform, as well as the information accessible through the Website and the Service, such as: B. the texts, the appearance and presentation of the account, video material, audio material, images or photographic material, with the exception of the content, are reserved exclusively by Festivus Media BV and / or its licensors or licensors. Nothing in these Terms of Use is intended to transfer any intellectual property rights.

8.2 Subject to the conditions set out in these Terms of Use, Festivus Media BV grants the User a limited, personal, revocable, non-exclusive, non-unlicensable and non-transferable right to access and use the Platform in accordance with the terms and conditions set out herein Terms of Use.

8.3 The user reserves the intellectual property rights to the content he publishes. By publishing content, the user automatically grants Festivus Media BV a free, worldwide, irrevocable, sublicensable and transferable license to publish and reproduce such content to the extent necessary within the scope of offering the service 8.4 Festivus Media BV. operates a central membership database that is used across multiple websites. User data may be displayed on websites other than this Service. All websites are owned and operated by Festivus Media BV. User data is stored in a location controlled by Festivus Media BV.

8.5 The User may not sabotage or circumvent any technical and / or organizational restrictive measures installed or otherwise integrated on the Platform by Festivus Media BV, causing harm in any way. If Festivus Media BV concludes in any way that the User has used the Platform without acquiring the required Credits, Festivus Media BV is entitled to charge a reasonable fee for such use, regardless of the other (legal) means available to Festivus Media BV is available to penalize such unauthorized use, such as blocking the account and / or restoring the actual damage suffered.

8.6 The user is expressly prohibited from downloading, copying or modifying materials subject to the intellectual property rights of Festivus Media BV in order to reverse engineer them, publish them or use them for any purpose other than that contained in for the purpose set out in these Terms of Use, unless Festivus Media BV has given the relevant consent or applicable law permits such use.

Article 9. Guarantees and indemnities

9.1 The User understands and accepts that the Service is merely a tool to bring the User into contact with other users of the Platform and Festivus Media BV therefore does not guarantee any result, such as the establishment of a relationship or a real meeting between the user and another user.

9.2 Notwithstanding Article 3.8, Festivus Media BV will endeavor to reduce fictitious profiles, but the existence of such profiles cannot be ruled out. The user understands and accepts that Festivus Media BV has no influence on (the content of) accounts of other users of the platform, except after receiving a notification in accordance with Article 11, and that these profiles only reflect the opinion of that particular user. The user is personally liable for damages that arise as a result of the user being in contact or making an agreement or taking any other action with a fictitious profile.

9.3 The user is liable to Festivus Media BV for and he fully indemnifies Festivus Media BV from all third-party claims as well as from damages and costs incurred by Festivus Media BV as a result of (i) a culpable failure of the user to comply with the agreement with Festivus Media BV. (ii) actions of the user when using the service, (iii) illegal actions of the user or (iv) other violations of these terms of use. All costs and damages incurred by Festivus Media BV in connection with such claims will be reimbursed by the user. 9.4 The User warrants to Festivus Media BV that he is entitled to use the Service and that he will act in accordance with these Terms of Use and all applicable laws.

9.5 The user understands and accepts the fact that Festivus Media BV has no influence on the websites of partners that publish advertising and / or other appearances relating to the Festivus Media platform and / or service BV on their website and that these partners are fully and personally responsible and liable (and Festivus Media BV is not responsible or liable) for the content and accuracy of these manifestations.

Article 10. Liability

10.1 The user is fully personally responsible and liable for all uses of the service made by him and all actions taken using his login data - including the publication of content - as well as for all (consequences of) decisions made and / or legal actions carried out the platform and releases Festivus Media BV from all third-party claims in this regard.

10.2 The liability of Festivus Media BV for an attributable default, an agreement with the user, an unlawful act or any other act or omission of Festivus Media BV, its employees or third parties commissioned by it is limited to the replacement of the immediate damage limited. Festivus Media BV's liability for direct damages per event (a series of related events is considered a single event) will not exceed the total amount paid by the User to Festivus Media BV under the Agreement during the six (6) calendar months before this event (excluding VAT). However, Festivus Media BV's total liability will never exceed an amount of €500.00 (excluding VAT).

10.3 'Direct damage' means only:

a. Damage;
• b. reasonable expenses to be borne by the user to ensure that Festivus Media BV's services are in accordance with the agreement with Festivus Media BV;
• c. reasonable expenses incurred by the user to determine the cause and extent of the damage, provided that the determination relates to direct damage within the meaning of the contract with Festivus Media BV;
• d. reasonable costs incurred to prevent or limit damage, provided that the user can prove that these costs have led to a reduction of the direct damage within the meaning of the agreement with Festivus Media BV.

Article 11. Reporting unlawful content

11.1 Festivus Media BV is not liable for damages related to the (illegal) use of the Platform and Festivus Media BV does not monitor the messages exchanged between the user and other users. Subject to the conditions below and upon receipt of notice, Festivus Media BV will only remove undeniably unlawful content or investigate undeniably unlawful activity.

11.2 Festivus Media BV has put in place a procedure for reporting the presence of suspicious, illegal content or suspicious, illegal activities via the Platform to Festivus Media BV. To do so, please send a corresponding notification to the following email address: support@festivusmedia.com.

11.3 Festivus Media BV reserves the right not to comply with a request to block content or stop an activity if there is good reason to doubt the accuracy of the communication or the legality of the evidence provided or due to this to demand a balance of interests. In this context, Festivus Media BV may request a court decision from a competent court in the Netherlands. This decision demonstrates that the content or activity in question is undeniably unlawful.

11.4 Festivus Media BV will in no way be involved in any legal dispute between the notifier and a third party.

11.5 The notifying party releases Festivus Media BV from all third-party claims in connection with the blocking or cancellation of data. Material or activities are stopped. The compensation also refers to all damages and costs that Festivus Media BV incurs or will incur in connection with such a claim, including but not limited to compensation for the costs of legal aid. 11.6 Festivus Media BV respects and protects the privacy of individuals who make such communications. Any personal data received as part of a notification will always be processed in accordance with the Data Protection Act 1998 and will only be used to deal with the notification.

Article 12. Term and Termination

12.1 The agreement between the parties regarding the use of the platform is concluded for an indefinite period of time. The User may stop using the Service and remove the Account at any time, thereby terminating the Agreement, subject to any payment obligations of the User. Any credits that the user still has at the time of termination of the account will not be refunded.

12.2 In addition to the other (legal) means available to Festivus Media BV, Festivus Media BV is entitled, without giving any reason and without prior explanation, to monitor the user's activities in connection with the service (temporarily) restrict, suspend or deactivate, temporarily or permanently delete the account, remove content, send a warning to stop providing the service and refuse to provide the service, in particular but not only if:

• a.The user violates these Terms of Use; < / li >
• b . Festivus Media BV considers that the user's actions may result in damage or liability for themselves, other users of the platform, third parties or Festivus Media BV itself. Festivus Media BV excludes all liability in accordance with Article 10. < / Li > < / ul > 12.3 Upon termination of the Agreement between the Parties, for whatever reason, the User's right to use the Service will terminate immediately and access to the Service will be terminated with immediate effect. Upon termination, Festivus Media BV will remove the account and/or content posted by the user. Festivus Media BV is still entitled to use all content published by the user on the platform in accordance with Article 8.3. However, after termination of the contract, Festivus Media BV will, at the user's request, remove or anonymize all content published by the user on the platform. Festivus Media BV is not obliged to provide content and/or convert content to the user after termination of the contract.

Article 13. Miscellaneous

13.1 If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

13.2 Festivus Media BV may transfer rights and obligations under these terms of use to third parties and will inform the user accordingly. If the User finds such a transfer of duties to a third party unacceptable, the User may stop using the Service and terminate their account.

13.3 These Terms of Use and all use of the Service are governed by the laws of the Netherlands.

13.4 All disputes between the user and Festivus Media BV will be submitted to the competent court in the judicial district of Amsterdam, unless mandatory law provides that the dispute must be submitted to another court.

13.5 If you have any complaints about the Platform, please contact Festivus Media BV using the contact details provided below. Please also note that disputes can be submitted for online resolution to the European Commission's online dispute resolution platform at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage .

13.6 It is prohibited to share personal information such as telephone numbers, URLs or email addresses with other users. Festivus Media BV reserves the right to filter, remove or (partially) censor such messages. In the event of modification or removal, users will not be entitled to a refund of the costs incurred in sending the message in question.

Article 14. Contact

The Platform and the Website are offered by Festivus Media BV, a limited liability company incorporated under Dutch law, with its registered office at Bezuidenhoutseweg 161 in The Hague, registered in the Chamber of Commerce's commercial register under file number 60194235. You can contact us by sending correspondence to the address above or by sending an email to support@festivusmedia.com