Article 2 the Service
2.1 The main objective of the Service is to bring the user into contact with other users, enabling them to communicate with each other via the Platform.
2.2 It is not the objective of the Service to establish real-life contact between user and other users of the Platform; User is not banned from making such arrangements with other users. DatingLeads B.V. therefore cannot guarantee in any way that such contact can indeed be established via the Platform.
2.3 Use of the Service is permitted only for users who have reached the age of 18. By accepting these Terms and Conditions and using the Service, you confirm that you are at least 18 years of age. If the user has not yet reached that age, the user must immediately stop using the service and terminate his account. If the user acts in violation of this article, DatingLeads B.V. has the right to immediately remove the user's account, without refunding credits of the user.
2.4 User is obliged to create an account in order to gain access to the site or platform.
2.5 The user guarantees that all information he enters in his account is correct, complete and up-to-date and that any changes to personal characteristics and/or preferences are immediately processed in the account by the user.
2.6 The user is explicitly not permitted to create an account in someone else's name or to create a fictitious account. Commercial use of the account is not permitted. DatingLeads B.V. has the right to immediately remove such accounts.
2.7 The user is at all times personally responsible for keeping his login details secret and the user is liable for all use made via his login details. As soon as the User knows or has reason to believe that his Login Details are held by unauthorized persons, he must notify DatingLeads B.V. accordingly by contacting DatingLeads B.V. through the contact page available through this site.
2.8 It is forbidden for the user to post contact details such as phone numbers, addresses, family names, URLs, e-mail addresses or other personal information. DatingLeads B.V. reserves the right to reject, modify, or delete any profile.
2.9 By accepting these Terms and Conditions, the user understands and accepts that some of the profiles on the Platform or site are fictitious and they have been created only to exchange messages with; real-life meetings are not possible for such accounts.
2.10 By using our site, platform or service, user acknowledges that you may be confronted with adult related content which may be considered inappropriate, hurtful, immoral or harmful for minors.
2.11 DatingLeads B.V. makes every effort to provide the service in a prudent and professional manner. The service is at all times provided on the basis of an obligation to use best endeavours. The user therefore accepts that the platform only contains the functionalities and other properties as he finds them on the platform at the time of use (on an "as is" basis). DatingLeads B.V. therefore explicitly excludes explicit and implicit guarantees, promises and indemnifications of any nature with regard to the platform and the site.
2.12 DatingLeads B.V. is - without prior notification and without being obliged to pay compensation or being liable towards the User in any way - at all times entitled to change and/or (temporarily) terminate (the content of) the service, an account and/or the platform and, without prior notification, to perform maintenance with regard to the platform.
Article 3 Fees, Costs, Credits and subscriptions
3.1 Users are not owed any fees for using the services or site as a guest or registered user. Users must consider that using the service or site as a guest or registered user will only have limited access and limited functionality. To gain full access and functionality to the service and site user may need to buy credits or a subscription.
3.2 If the platform or service uses credits, users need to buy credits in order to gain full access to the platform or site. Functionality gained by buying credits are, but not limited to, sending and receiving messages, sending and receiving photo’s or video’s, sending and receiving flirts.
3.4 Credits can be bought by multiple payment methods, including creditcard or iDeal.
3.5 The data held by DatingLeads B.V. is a deciding factor to determine the total amounts owed by the user for the purchase of the stated quantity of credits, unless the user can demonstrate, supported by reasons, that this data is incorrect.
3.6 Certain sites or platforms are only fully accessible if user subscribes to a periodic fee. These subscriptions can vary between a 1 week subscription or 1, 3, 6 or 12-month subscription. The term and the periodic fee shall be made readily available through the site or platform and when you subscribe or sign up to the platform or site. DatingLeads B.V. is entitled to change the periodic fee during the subscription term.
3.7 By buying a subscription you agree to paying the initial fee and the forthcoming periodic fees by means communicated on our payment page. DatingLeads B.V. shall in no way corporate with trial subscriptions, or early termination.
3.8 The fees, the subscription and the functionality gained by buying a subscription shall be made available through the payment page of the site or platform. DatingLeads B.V. is entitled to change without prior notice, any fees, periodic fees, subscriptions and or functionality.
3.9 User acknowledges and agrees that the periodic fees owed to DatingLeads B.V. will be collected through Direct Debit or Creditcard. If such collection is unsuccessful user is obliged to pay the periodic fees manually. DatingLeads B.V. will inform user about the unsuccessful collection.
3.10 DatingLeads B.V. shall renew a subscription automatically for a consecutive period as the initial term of the subscription.
3.11 Termination of a subscription must be made 1 month before the end date of the subscription, in order to provide DatingLeads B.V. a reasonable period to cancel the subscription.
Article 4 Right of cancelation
4.1 Under European law the user has a legal right to cancel its contract for the purchase of credits or subscription within fourteen (14) days after the date on which the credits or subscription were purchased, except where the user agreed at the point of purchase that he will lose the right to cancel upon receipt of such credits. User acknowledges that by using the purchased credits by sending messages, pictures or flirts, users loses its cancelation right of his used credits.
Article 5 Content
5.1 The user understands and accepts that the content he publishes on the platform or site can be seen by other users of the platform or site and that it can be used by these users and DatingLeads B.V. does not accept any liability for such use.
5.2 The user is never permitted to publish or otherwise distribute content via the platform or site, which content
i) infringes or may infringe the rights of DatingLeads B.V., other users of the platform or site and/or a third party, including intellectual property rights and rights in the field of privacy,
ii) contains illegal content or refers to such content,
iii) may harm the reputation of DatingLeads B.V.,
iv) contains content of a defamatory, insulting, obscene, hurtful or violent nature, or otherwise is in violation of prevailing standards of decency, this at the discretion of DatingLeads B.V., or
v) is otherwise unlawful. The user is personally and fully responsible for all damage ensuing from violating this guarantee.
5.3 This site, platform or service is for adult entertainment purposes; it is not our aim to bring physical appointments/contact between members. User is aware and agrees that we may use moderated and fictive profiles for online adult entertainment purposes. DatingLeads B.V. denies itselves of all liability to the extent that is allowed by the law and assumes no warranty for any kind of damage or inconvenience caused by the service, platform or site.
5.4 DatingLeads B.V. reserves the right to refuse content, such as but not limited to, a photo published by the user, if this is necessary in the opinion of DatingLeads B.V., without this in any way constituting any right for the user to claim compensation and/or a refund, and/or liability of DatingLeads B.V..
5.5 Users are urged to notify us of inappropriate content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms and Conditions in respect of such information which comes to our attention.
5.6 DatingLeads B.V. is not liable for any damage in connection with the (unlawful) use of the platform or site and DatingLeads B.V. does not monitor the messages or content exchanged between user and other users. Subject to a relevant notification, DatingLeads B.V. will remove indisputably unlawful content or stop an indisputably unlawful activity.
Article 6 Privacy
6.2 You acknowledge and agree that DatingLeads B.V. may disclose information you provide if required to do so by law, at the request of a third party, or, if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process; (2) protect or defend DatingLeads B.V.’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm of violence against any person (including the User) is threatened.
6.3 If the user processes personal details of other users and/or a third party when using the platform, site or service, user is at all times personally responsible for such processing. The user guarantees that such processing is at all times undertaken in accordance with the applicable legislation and the User indemnifies DatingLeads B.V. against every third-party claim in that respect. By accepting these Terms and conditions, user confirms that he will never use the contact details of other users of the platform, site or service to send mailings or other undesirable messages, other than messages via the platform or site.
6.4 by registering and creating an account you agree that your account may be shown on other sites, platforms or services of DatingLeads B.V., in order to maximize your accounts potential. Suchs platforms or sites may be located outside the European Economic Area.
Article 7 Intellectual Property
7.1 User recognizes and accepts that all intellectual property rights that are connected to the service, platform or site, including but not limited to, software, text, pictures, images, video’s are exclusively vested in DatingLeads B.V..
7.2 No intellectual property rights are vested in DatingLeads B.V. with regard to the by user provide content. However user grants DatingLeads B.V. a free, transferrable, irrevocable and sublicenseable licene to its intellectual property rights. Therefor giving DatingLeads B.V. the possibility to publish and multiply the content.
7.3 By registering an account DatingLeads B.V. grants user a limited non-transferable, non-sub licensable, non exclusive license to acces and use the site, platform or services in accordance with the objectives as set forth in these Terms and Conditions.
7.4 The user is explicitly not permitted to download, copy or change materials subject to Intellectual property rights of DatingLeads B.V., to subject them to reverse engineering, to publish them or to use them for any purpose other than the purposes set out in these Terms and Conditions, unless DatingLeads B.V. has given its appropriate consent or if applicable law allows such use.
Article 8 Guarantees and Indemnifications
8.1 User understands and accepts the fact that the service or platform is merely a tool to bring the user into contact with other users of the platform and DatingLeads B.V. can therefore not give any guarantee about any result, such as a relationship being established, or a real-life meeting between user and another user.
8.2 Towards DatingLeads B.V., user is liable for and he fully indemnifies DatingLeads B.V. against all third-party claims, as well as the damage suffered and costs incurred by DatingLeads B.V. as a result of (i) an attributable failure of the user to comply with an agreement with DatingLeads B.V., (ii) any act of the user when using the service, (iii) an unlawful act committed by the user, or (iv) any other breach of these Terms and Conditions. All costs incurred and damage suffered by DatingLeads B.V. in any way related with such claims will be compensated by the user.
8.3 User understands and accepts the fact that DatingLeads B.V. has no influence over the websites of partners who publish advertisements and/or other manifestations with regard to the platform and/or the service of DatingLeads B.V. on their website and that these partners are fully and personally responsible and liable (and DatingLeads B.V. is not responsible or liable) for the content and correctness of these manifestations.
8.4 User acknowledge and agrees that DatingLeads B.V. has the right to execute its own defense regarding any indemnification made by user. User shall fully corporate with any requests of DatingLeads B.V. hereto.
Article 9 Liability
9.1 User is fully and personally responsible and liable for all use he makes of the service and all acts undertaken by user, including publishing content, as well as for all (consequences of) decisions made and/or legal acts undertaken by means of the platform and he indemnifies DatingLeads B.V. against all third-party claims in that respect.
9.2 The liability of DatingLeads B.V. for an attributable failure to perform any agreement with the user, an unlawful act or any other act or omission by DatingLeads B.V., its employees or third parties it has hired, is limited to the compensation of direct damage. The liability of DatingLeads B.V. with regard to direct damage per event (a series of connected events is regarded as a single event) does not exceed the total amount paid to DatingLeads B.V. by the user by virtue of the agreement during the three (3) calendar months preceding that event (exclusive of VAT). However, the total liability of DatingLeads B.V. will never exceed a sum of € 100.00 (exclusive of VAT).
9.3 "Direct damage" is only taken to mean:
a. property damage;
b. reasonable expenses which user should have to incur in order to ensure that the performances of DatingLeads B.V. are in accordance with the agreement with DatingLeads B.V.;
c. reasonable expenses, incurred by user in order to determine the cause and the extent of the damage, insofar as the determination relates to direct damage within the meaning of the agreement with DatingLeads B.V.;
d. reasonable costs, incurred in order to prevent or limit damage, insofar as user can prove that these expenses have led to a reduction of direct damage within the meaning of the agreement with DatingLeads B.V..
9.4 DatingLeads B.V. is not liable for damage other than direct damage as set out in Article 9.3, including consequential damage ensuing from or in connection with any agreement with DatingLeads B.V., including, without limitation, lost profits, lost turnover, loss of expected savings and other similar financial losses, such as loss of goodwill or reputation or other occasional, indirect damage, or compensation by way of punishment or example, of whatever nature, regardless of whether the User has notified DatingLeads B.V. of such potential damage, compensation or loss.
9.5 A condition with regard to any right to compensation being created is that, each time, user reports the damage to DatingLeads B.V. in writing within 60 days of it having arisen. The user's right to claim compensation under any agreement with DatingLeads B.V., by virtue of an unlawful act or otherwise, in any case lapses one (1) year after the event took place, in connection with which the claim or proceedings were instigated.
Article 10 Term and termination
10.1 The agreement between the Parties with regard to the use of the platform, site or service is concluded for an indefinite period of time. User can stop using the service, site or platform at any time and remove the account, which terminates the agreement, subject to any payment obligations of the User. Any credits which the user may still have when the account is terminated will not be refunded.
10.2 In addition to the other (legal) means available to DatingLeads B.V., DatingLeads B.V. is, when it believes there are sufficient grounds to do so, without having to state the reasons and without prior explanation, at all times entitled to (temporarily) restrict, suspend or disable the user's activities in connection with the service, to temporarily or permanently remove the account, to remove content, to send a warning to end the service provision and to refuse to provide services, particularly but not only if:
a. User acts in violation of these Terms and Conditions;
b. DatingLeads B.V. is of the opinion that acts of the user can lead to damage or liability for himself, other users of the platform, site or service, third parties or DatingLeads B.V. itself. DatingLeads B.V. excludes all liability in accordance with Article 9 as a result of this.
10.3 Upon termination of the agreement between the Parties for whatever reason, the user's right to use the service immediately ends and access to the service or platform is denied with immediate effect. Upon termination, DatingLeads B.V. will remove the account and/or content published by the user. DatingLeads B.V. remains entitled to use all content published on the platform or site by the user.
Article 11 Miscellaneous
11.1 If any provision of these Terms and Conditions shall be held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
11.2 DatingLeads B.V. can transfer rights and obligations ensuing from these Terms and Conditions to third parties and it will notify user accordingly. If user finds such transfer of obligations to a third party unacceptable, user can stop using the service and terminate his account.
11.3 These Terms and Conditions and all use of the Service are governed by the laws of the Netherlands.
11.4 All disputes between user and DatingLeads B.V. are submitted to the competent court in the court district of ‘s-Hertogenbosch, unless mandatory law stipulates that the dispute must be submitted to a different court.
11.5 These Terms and Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.
11.6 These Terms and Conditions are not subject to, and not governed by, or interpreted by the United Nations Conventions on Contract for the International Sale of Goods.
11.7 User waives any right to assert any claim against one another by means of any class action or representative action, whether as a class representative or as a member of a class. If, notwithstanding the foregoing waiver, a court or law permits a party to this Terms and Conditions to participate in a class or representative action, then the parties hereto nevertheless agree that the prevailing party shall not be entitled to recover attorneys' fees or costs associated with pursuing the class or representative action, and the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
11.8 Neither these Terms and Conditions nor the rights or obligations hereunder of the parties hereto shall be transferable or assignable by user, except in accordance with the laws of descent and distribution.
11.9 These Terms and Conditions are available on request free of charge and shall be sent to your specified email address.
11.10 By using this site, service or platform you agree to receive electronic communications (including, but not limited to, email or sms) from us and our business partners. These electronic communications are an integral part of your agreement with DatingLeads B.V..
11.11 user agrees that any notice, agreement or other communications that DatingLeads B.V. sends electronically will fulfill any legal requirement, for any of such requirement.
11.12 The titels of the articles mentioned in these Terms and Conditions are only included for convenience and will not be considered to define or limite the content of any article of these Terms and conditions.