Article 1. Definitions
In these terms and conditions, the following terms are used with the following meaning, to the extent of the nature or scope of the present stipulations not otherwise.
(Netherlands), registered in the Trade Register under Chamber of Commerce number
- User: any person, not acting in the exercising a profession or business, which has closed an agreement with ChatCafe or is planning to close an agreement.
- Parties: the parties to the agreement: ChatCafe and the user.
- Agreement: any between ChatCafe and the
user concluded agreement, which may concern:
- the agreement to use the web space that is created by registration by the user on the website;
- the agreement to purchase credits so the user can enable certain functionalities of the website.
- Web space: for the user through his username and password exclusive accessible part of the website.
- Content: all data, including photos and text messages, which are sent by the user through the web space uploaded, disclosed and / or distributed.
Article 2. General provisions
- The text of these terms and conditions is provided before registration on the website is completed by the user, in such a way to him made available that it can be made available by him in a simple manner stored on a durable data carrier.
- If ChatCafe does not always desires strict compliance with these terms and conditions does not mean that these conditions do not apply or that ChatCafe will lose the right to order in future cases to require strict compliance with these terms and conditions.
- Annulment or invalidity of one or more of these provisions does not affect the validity of the other provisions. In an occurring the parties are obliged to enter into mutual consultation in order to to make a replacement arrangement with regard to the affected clause. The purpose and scope of the original provision.
Article 3. Chatpals and Hosts
The user should take into account that ChatCafe contains both real member profiles and fictitious member profiles (called ChatPals) on the website and that ChatCafe can deploy Hosts. The Hosts can have fictional conversations, role play or have other fictional communication with the user and other users of the website. Hosts are deployed with the aim of stimulating interactions within the website and having conversations with users. Hosts are also intended to monitor user activities, communications and content in order to ensure that these conditions are adhered to. The user agrees that all content originating from such Hosts, information, texts and images are fictional and are only intended as entertainment. All Hosts are fictitious. Any resemblance to real persons, living or dead is pure coincidence. In contrast to real member profiles, no arrangements can be made with fictitious profiles and Hosts. You can identify the ChatPals by the logo in the right hand corner of the profile picture in the profile.
Article 4. Offer and registration
- The user cannot derive any rights from any offer from ChatCafe that contains an obvious error or mistake.
- The user is not allowed to register in the name of another person. The user indemnifies ChatCafe from all third party claims in connection with the statement that the user is in violation of the provisions in the previous sentence acted.
- The agreement to use the web space is concluded on the moment when the user's registration by email is through and the user has been confirmed verified his account. After the conclusion of that agreement the user can use his specified username and password to login the website to access the web space profile to compile and change his personal profile and will be able to use functionalities of the website.
- The user guarantees that all information provided by him upon registration is correct, accurate, up-to-date and complete. Furthermore the user declares that all data that he has at any other time provided to ChatCafe, is also correct, accurate, current and complete.
- The creation of multiple profiles by the same user is not allowed. ChatCafe only allowes one profile and per IP address and e-mail adress to claimed free credits.
- ChatCafe has the right delete the user on a particular username for any reason.
Article 5. Usage Rules and Restrictions
- The use of the website by the user is entirely on its own risk. The user should be aware of that ChatCafe contains fictional member characters (ChatPals). The user should also be aware that when he is involved in communicating via the internet with people who are unknown to the user, that these people are not necessarily who they say they are and that these people are misleading, be deceptive or behave unlawfully. The user himself is responsible for the interactions he may or may not have through the website with other Users and Hosts. The users interactions with other users or Hosts are to be handled with caution and use his common sense. ChatCafe is not liable and responsible for the acts and omissions of other users on the website.
- The user is prohibited from unlawful, violent, infringing, hateful or discriminatory content via the website upload, distribute and / or disclose.
- The user is, except expressly requested by ChatCafe through the web space, not allowed to directly or indirectly share personal data, such as telephone numbers, (e-mail) addresses, URLs or other personal data on his profile so that this is visible to fellow users on the website.
- The user is not allowed to access the website in any way for unlawful acts, to commit criminal offenses and / or for acts contrary to general applicable standards and values. This is meant non-exhaustive, understood: committing infringement of intellectual property rights of third parties (including, but not limited to: copyrights, trademark rights, rights under European Directive 96/9 on the legal protection of databases, patent rights and design rights, theft, the unlawful and / or criminal distribution of secret or confidential information, unlawful or criminal distribution of texts and / or image and sound material, including racist expressions, (child) pornography, criminal data traffic.
- The user is liable for all activities from his account on the website. The user is bound to keep the credentials for accessing his account secret. All actions performed on the user's account attributed to the registered user. Only the user is responsible for his behavior as well as for any content he transmits uploads, distributes and / or discloses the website.
- The user is not allowed to track down login credentials from other users, use them or collect them of the website.
- The user is strictly prohibited from using interchangeable messages to slander, threaten, bully, berating, harassing, stalking or intimidating other users.
- The user is not allowed to use the website for illegal or otherwise unauthorized purposes. The user refrains from posting offensive content that is spam, misleading, defamatory, obscene, threatening, political, intimidating, violent, pornographic, racist or (otherwise) is prohibited by law, including youth photos (photos of persons who are minors in the relevant jurisdiction), group photos, photos featuring children, photos of others people than the user himself who are recognizable in the image, as well as photos of animals.
- The user is prohibited from uploading content through the website contains incorrect or misleading information. Furthermore, it is strictly prohibited for the user to cause deliberate malfunctions or malfunctions cause to the website or servers of ChatCafe
- The user is not allowed to access the website or the messaging system of ChatCafe for the use of promoting services or products of third parties, with or without a commercial purpose. The user is also prohibited from which way, to refer to other web pages.
- The user is prohibited from invading the privacy of co-users. Furthermore, the user is not allowed to provide personal data of co-users to third parties.
- The user is not allowed to access the website, the servers or networks of ChatCafe for exploitation use, obstruct or disrupt the website and service, for example by worms, viruses, spyware, malware or others sending destructive or disruptive codes.
- The user is solely responsible for his communications with other users of the website, both online and offline. The user indemnifies ChatCafe from any claims in in connection with the behavior of any co-user of the website. ChatCafe is entitled but not obliged to monitor disputes between users and / or to play a conciliatory or corrective role in it. The user is bound by his communication with fellow users of the website use common sense. This also applies to uploading, distributing and disclosing content, personal information and all other data.
- ChatCafe is not responsible for the content uploaded, disclosed through the website and distributed, not even with regard to the content of fellow users. The user uses the website entirely at his own risk.
- The user always guarantees that he is the owner of the content placed or distributed by him on the website, then however, that he is otherwise entitled to publish this content on the website place. The user is not allowed to take pictures of other persons on his profile. The user guarantees that the publishing and using the content via the website does not infringe to the rights of third parties, such as with regard to privacy rights, copyrights, trademarks and / or other intellectual property rights.
- The user is not allowed to make negative statements about it ChatCafe to disclose on forums or for example review sites, without these statements containing valid evidence.
- ChatCafe is not responsible for profiles from users who contain content that violates the law. ChatCafe does not have resources to permanently monitor the content of users' profiles. With suspicion of a user's violation of the law users requested ChatCafe to be notified immediately. Then ChatCafe will all be inside its possibilities make existing efforts to repeat this and, if necessary, the relevant expressions of the website.
- The user is not allowed to create a fictitious account. Such accounts will pass through ChatCafe and will be deleted immediately. ChatCafe reserves the right to self create profiles on the website and post messages on behalf of these accounts send to the user. The user understands and accepts that some profiles on the website are fictitious and these have only been created to exchange messages and flirts with. Physical arrangements with these fictitious profiles are not possible.
- Escort/sex for money is excluded and banned on ChatCafe.
Article 6. Refusal, blocking and deletion of profiles
ChatCafe is entitled to change without notice
reasons to refuse, block and / or remove a profile from the website .
ChatCafe refuses, blocks, and / or removes, but
without being obliged to do so, a profile, if:
- the profile violates the law;
- the profile has a child pornographic or animal-erotic character or refers to a location with such content;
- the profile has a violent character or refers to one location with such content;
- the profile discriminates on the basis of race, sexual orientation, gender, political affiliation, religion or belief;
- the profile contains malware and / or viruses or links to websites and / or digital sources of malware and / or viruses;
- the profile encourages, promotes illegal activities or the profile in terms of ethics, layout, style or design is not included in the website.
- No refund will be given if a profile is blocked or deleted of purchased credits. The fact that the profile of the user is blocked or removed within the meaning of this Article, is attributable to the user. For non-refundable purchased credits can ChatCafe therefore cannot be held liable.
Article 7. Termination and deregistration
- The user can delete his profile in the prescribed manner. In case the users delets his own account the credits he already obtained are never eligible for a refund.
- ChatCafe is entitled to change the website to whatever for any reason and without prior notice and at any time also adjust or terminate the operation thereof, without opposing the user to be liable in any way. In case ChatCafe ends matches due to a circumstance that cannot be attributed to the user and still credit is available to the user on the web space, the user at most claim a refund of already paid by him before those credits paid. Refund is in all cases, however no longer possible in case the user has been used for a period of at least at least six months until the day on which he is entitled to a refund has not logged into his account.
Article 8. Credits, payments and right of withdrawal
- Before entering into a credit purchase transaction, ChatCafe will state the applicable price including VAT and any additional costs. The current prices of credits are additionally listed on the page on the website Pricing .
- In principle, the user has the legal right to cancel the transaction concerning credits without giving reasons to up to 14 days after entering into that transaction. As far as one purchased credit package is wholly or partially within the intended reflection period redeemed, the right of dissolution expires.
- The user is only entitled to a refund of his purchased and unexpired credit packages for the duration of the reflection period of 14 days after the conclusion of the transaction.
- The user can use the right of withdrawal as referred to in the previous two statement by using the by ChatCafe offered model form for revocation request to ChatCafe serve. Once ChatCafe has been notified of the user's intention to cancel the transaction will ChatCafe the dissolution as soon as possible by e-mail to the user confirm. The price will be refunded within 14 days after termination of the transaction, using the same payment method as with which the user purchased the credits.
- ChatCafe is always entitled to change the prices of credits without notice. Price changes however, have no influence on already concluded transactions.
- Payments made by the user are without prejudice to the provisions in paragraphs 3, 4 and 5, as well as Article 6.3 never for a refund eligibility and (free) credits cannot be exchanged for money.
- In the unlikely event that credits are not credited to the account of the user, while a payment has been made, makes that the user is of course entitled to a proper crediting of the credits. In that case, the user should contact the Customer Service page of ChatCafe.
Article 9. Liability and Indemnity
- Users determine which content is uploaded to the website, revealed and disseminated. ChatCafe is not is obliged to ascertain whether the users or third parties content disclosed through the website unlawful, incorrect, incomplete or misleading. The user cannot assume that ChatCafe approves or recommends all content. ChatCafe does not accept any liability for the data uploaded using the website, disseminated and disclosed content. The user indemnifies ChatCafe of all his claims based on the statement that the means the website uploaded and / or disclosed content unlawful, incorrect, incomplete or misleading.
- For not realizing dates by the user, ChatCafe carries no liability whatsoever. Furthermore ChatCafe bears no liability for the circumstance that the use of the website is not or not entirely linked to the user expectations has expired. The user uses the website at your own risk and bears any adverse consequences use of the website may result, such as regarding personal relationships with partners, employers, etc., but also some concerns financial damage and all other cases of consequential damage. Any liability of ChatCafe is relevant excluded.
- ChatCafe is at all times entitled to the website to be adjusted on subordinate points and is not liable for damage resulting therefrom for the user, except insofar as the user is disproportionately disadvantaged in this respect with regard to paid functionalities of the website, in which case the user can at most claim a refund of the amount paid by him payments made.
- ChatCafe is not liable for damages due to unauthorized use of login details on the website.
- ChatCafe makes every effort to ensure proper operation and optimize the accessibility of the website. However, ChatCafe does not guarantee that the features on the website are unlimited availability and that all amenities on the website function smoothly. All liability of ChatCafe is out of the question.
- ChatCafe is at all times authorized to access the website or to take parts thereof out of use or have them taken out of service if this is to her judgment is desirable with regard to maintenance, upgrades, remediation malfunctions, adaptation or improvement of the website or servers of ChatCafe or third party. All liability of ChatCafe due to inaccessibility or reduced accessibility or usability of the website or parts thereof is excluded.
- ChatCafe is not responsible for this programming errors of the website. Furthermore ChatCafe, except intentionally and deliberately recklessness on its part, not liable for viruses or other malicious components that pass through the website or servers of ChatCafe or third-party harm to the hardware or software of the user.
- If the website contains references, for example by means of hyperlinks to the websites of third parties ChatCafe is never liable for the content of these websites.
- ChatCafe makes every reasonable effort website and the other systems of ChatCafe too protect against any form of unauthorized use by third parties. ChatCafe is never liable for this violation of the user's (intellectual property) rights third parties, as well as for damage resulting from loss or damage to content or sending content due to insufficient security.
Article 10. Intellectual property
All database, copyrights and other intellectual property rights ownership of the software offered, the domain name of ChatCafe, the website and parts of it, including the name “ChatCafe”, the design, operation, images and sounds of the website belong to ChatCafe, in so far as these rights are not with the user or third parties. The user is prohibited from using the material which has the rights of ChatCafe or her licensor, to reproduce, modify, in any way reproduce, provide to third parties, distribute, exploit or to make derivative works thereof other than necessarily related stands with the use of the website.
Article 11. Complaints
- In case of user complaints about ChatCafe, the user can submit these via the Customer Service page or via e-mail: firstname.lastname@example.org.
- ChatCafe strives to resolve complaints within two working days after receipt to answer substantively. If a complaint requests a longer processing time will be completed within two working days with a confirmation of receipt and an indication of when the user can expect a more detailed answer.
Article 12. Newsletters, offers, etc.
ChatCafe is entitled to the e-mail address of the user to use to keep the user informed of offers, new services from ChatCafe or new developments with regard to the services provided by ChatCafe. If the user does not want to receive such messages any longer, he can rely on the messages mentioned in these messages the prescribed manner for receipt thereof.
Article 13. Final provisions
- Before appealing to the courts, the parties are obliged to make every effort to resolve the dispute by mutual agreement settle.
Latest version date: 17 February 2021