Effective Date: May 30, 2023
Last Modified: November 27, 2023
West Circle Ltd
Flat 51, Imperial Gate, 385 High Street
Chatham, Kent, ME4 4PH
I. Adults only
The utmost importance is given to this particular requirement, as it holds the highest significance among all our terms (although it is also mentioned below). Pervert.chat is exclusively intended for consenting adults who wish to express themselves through streaming video and messaging. We have a strict policy of not permitting any individuals under the legal age on our platform, regardless of whether they are actual minors or pretending to be minors as part of role-play. Furthermore, we have a zero-tolerance policy for any uploading of images depicting minors on our platform for any reason. Please be aware that we reserve the right to report any suspected minor, without exception, to the National Center for Missing and Exploited Children and other appropriate law enforcement agencies. If you encounter a user whom you believe or suspect to be under 18 years old, we strongly urge you to report them. All reports are promptly reviewed. If you are a minor, it is imperative that you exit this site immediately. Minors are strictly prohibited from using Pervert.chat for any reason, and if we discover your presence on the site, we will report you to law enforcement as mentioned earlier. Your account will never be reactivated for any reason.
II. Platform Description
The Platform (as defined below) is an online social networking platform that offers a range of services including text and video chat. It allows individuals (referred to as "Community Members") to create and share various forms of online content, including audio, video, interactive, and live streams. Community Members may choose to include adult-oriented content at their discretion. Regardless of token-receiving capabilities, Community Members are permitted to broadcast live video streams through the Platform, subject to certain minimal restrictions outlined in these Terms. These restrictions are in place to comply with applicable laws, community standards, and to ensure the safety of all Community Members. Community Members have the autonomy to establish their own rules for broadcasting, including the option to produce and broadcast content or choose not to broadcast at all. Community Members are also allowed to use other video streaming platforms concurrently or at separate times, with the exception that they may not promote or advertise any entity, product, service, or website that provides live-streaming content through the Platform.
III. Introduction and Description of the Service
- By accessing the Platform, you acknowledge that you may encounter explicit content, including nudity, exposed genitals, and individuals engaging in explicit sexual activities involving different genders, same genders, and acts involving more than two individuals. By accessing and using the interactive video chat social networking platform located at Pervert.chat (referred to as the "Platform"), you are expressly stating your desire to view such materials. These terms and conditions (referred to as the "Terms") constitute a binding agreement between you ("you") and West Circle Ltd (referred to as the "Company") regarding your use of the Platform. If you do not agree to be bound by these Terms, you must immediately exit the Platform and refrain from accessing it for any reason. Accessing and viewing content on the Platform is free, but Community Members are required to create an Account (defined below) to access certain functions of the Platform.
- Community Members who are eligible to receive tokens in their account from other Community Members are referred to as "Independent Broadcasters" in these Terms. In these Terms, the terms "we," "our," "us," or other appropriate first-person terms refer to the Company. The terms "you" or "your" refer, as the context requires, to you as the Community Member or Independent Broadcaster accessing or utilizing the Platform. By accessing and using the Platform, you agree to be bound by these Terms.
IV. No Access by Minors and No Exploitation of Children
- This Platform is strictly for adults only. To access and use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older (referred to as the "Age of Majority"). IF YOU ARE NOT OF THE AGE OF MAJORITY, YOU MUST IMMEDIATELY LEAVE THE PLATFORM. By accessing and/or using the Platform, you confirm that you have reached the Age of Majority and acknowledge that we reserve the sole and absolute right to terminate your Account if we believe you are in violation of this requirement. Violations of the Age of Majority requirement will be reported to law enforcement.
- Law Enforcement Reporting: We have the right to and will report any suspected violations of the Platform's minimum age requirement to the National Center for Missing and Exploited Children ("NCMEC") and other law enforcement and relevant organizations at our discretion. If you believe that a minor has accessed the Platform, please report it to us immediately at [email protected]. For further information about our policy and our zero-tolerance approach towards minors on the Platform, please contact us at [email protected].
- No Child Pornography: For the purposes of these Terms, "Child Pornography" includes, but is not limited to, (i) materials depicting individuals below the Age of Majority undressed or engaged in any suggestive or sexual acts; (ii) materials simulating the aforementioned, such as dolls, animated films or shorts, adults resembling or suggesting that they are below the Age of Majority; and (iii) discussions related to child pornography or child exploitation. Child Pornography and the exploitation of children are serious crimes. Community Members are strictly prohibited from using the Platform to distribute, access, or solicit Child Pornography or engage in any conduct or discussion that exploits individuals below the Age of Majority, including role play. If you encounter any content on the Platform that violates this provision or raises concerns, report it immediately to us at [email protected]. We will promptly investigate any claim and take appropriate action. IF YOU SEEK OR HAVE AN INTEREST IN PEDOPHILIC OR PEDERASTIC CONTENT, YOU MUST LEAVE THIS SITE IMMEDIATELY. DISCUSSING SUCH ACTIVITY OR ENGAGING IN INAPPROPRIATE ROLE PLAY WILL RESULT IN A BAN. ADDITIONALLY, YOU WILL BE BANNED FROM THE PLATFORM AND REPORTED TO NCMEC AND/OR LAW ENFORCEMENT IF YOU DISCUSS OR ATTEMPT TO DISCUSS MINORS ON ANOTHER PLATFORM. IN SHORT, PEOPLE WITH INTERESTS IN CHILDREN, INCLUDING ROLE PLAY, ARE NOT WELCOME ON THE PLATFORM AND WILL BE DEALT WITH SEVERELY.
- Section 230 of the Communications Decency Act: The Platform is a Community Member-driven interactive platform with content provided by Independent Broadcasters. Under Section 230 of the Communications Decency Act, we are immune from legal action for materials published by Community Members on the Platform. Therefore, we are not liable for content published by Community Members. As an online platform, our focus is on the safety of Community Members, compliance with applicable laws, and the continuous operation of the Platform, rather than producing or presenting cam broadcasts. We have implemented minimal rules accordingly.
- Room Reports: If you identify a Community Member violating any of the Terms, including Appendix C (the Code of Conduct, linked below), please notify us immediately by emailing support at [email protected]. We review all room reports as soon as possible, but no later than within 5 business days.
V. Your Account and General Terms Applicable to All Users
a. Member Account and Password: To access the non-public sections of the Platform, you must create an account (referred to as your "Account"). During the Account creation process, you will be asked to choose a username and password. If you wish to become an Independent Broadcaster, you will need to provide certain personally identifiable information. To utilize pay features on the Platform, you will be prompted to enter a payment method. Please note that this payment information is received and securely stored by a third-party payment processor, in accordance with their terms, for future use on the Platform. When selecting a username, you must not impersonate someone else or violate the rights of any individual or entity. We reserve the right to disallow the use of usernames or terminate the membership of any Community Member who violates these Terms or uses a username inappropriately, at our sole discretion. You are solely responsible for all activities and purchases made through your Account. While providing an email address is not mandatory for creating an Account, please be aware that choosing not to provide one limits with the support we can offer regarding your Account, as we are unable to verify your Account ownership without an email address.
ii. Studio Accounts: Individuals interested in creating a studio account (referred to as a "Studio Account") on the Platform must adhere to our guidelines for setting up a Studio Account. Once these guidelines are followed, the Account will be recognized as a "Studio" on the Platform. In the case of Studio Accounts, the Studio is considered the owner of all Accounts within the Studio Account, known as "Studio Sub-Accounts." Without the Studio's consent, followers, images, and data associated with Studio Sub-Accounts cannot be transferred or shared with other Accounts, except in exceptional circumstances as determined solely by us.
b. Account Security: It is your sole responsibility to maintain the confidentiality of your username and password. You are fully accountable for all activities that occur under your username and password, including any unauthorized access to the Platform caused by you. Unauthorized access may violate applicable laws and potentially lead to criminal prosecution. Such actions will result in an immediate ban from the Platform and the deactivation of your Account. For security reasons, we will not disclose your password. You agree to (i) promptly inform us of any unauthorized use of your username or password or any suspected breach of security, and (ii) ensure that you log out of your Account every time you finish using the Platform. We highly recommend enabling two-factor authentication for enhanced Account security for all Community Members.
c. License to Access the Platform: You are granted a limited, non-exclusive, and revocable license to access and use the Platform for personal enjoyment. However, you are not permitted to download, reproduce, sell, rent, perform, or link to any content available through the Platform, unless expressly permitted by the responsible Community Member and/or Independent Broadcaster, or as allowed by the Platform's rules. It is important to note that your license to access the Pervert.chat platform, including any content associated with your account(s), may be terminated for violating these Terms or as otherwise specified herein.
d. Solicitations: While we do not have control over the actions of Independent Broadcasters and other users on the Platform, you are prohibited from using the Platform to promote or advertise third-party products, websites, or services that offer live-streaming content. Although Independent Broadcasters and Community Members are free to engage on other platforms, you are not allowed to use the Platform to solicit Community Members to use any other product, website, or service that provides live-streaming content.
e. Billing: Community Members have the option to deposit money with the Platform, which will be converted into tokens. These tokens can only be used within the Platform as chosen by the Community Member, including for tipping Independent Broadcasters. By tipping tokens through the Platform, you acknowledge that all token tips are intended as gratuities, and once sent, they are considered final. In the event of a complaint regarding a tip, after it has been sent, we may, at our discretion and without obligation, forward the complaint to the other party for their response. It is prohibited to provide "tips" in exchange for specific acts. Requesting or demanding specific acts in exchange for tips may result in a ban from the Platform for all parties involved. Independent Broadcasters are not allowed to request any off-Platform payments, except for the occasional permission to post links to wish lists as permitted by the Platform. Your chosen payment method will only be charged upon your explicit request, and unless specified otherwise in writing, you will not be billed for the same purchase on a recurring basis. By providing your payment information, you explicitly consent to the use of third-party payment processors to facilitate any transactions you choose to make through the Platform. It is your responsibility to ensure that your billing information is up to date. If you believe you have been billed erroneously, please notify us immediately. If we do not receive notification within 30 days of the billing error appearing on your account statement, it will be deemed accepted by you for all purposes, including inquiries from your credit card issuer. Any errors or discrepancies must be reported to us within 30 days of their occurrence, and we shall not be held liable for any losses resulting from unreported errors or discrepancies. We reserve the right to impose transaction limits on Community Members based on various factors, including membership duration, location, changes in access information, and the number of refund requests. Please note that the abuse of special offers, including the creation of multiple accounts to exploit such offers, is a violation of these Terms. Community Members may request the withdrawal of unused deposited funds from the Platform by contacting customer support, with the deducted amounts reflecting any charges imposed by third parties related to the initial and refund transactions.
f. Videos and Images Offered by Community Members: Community Members, including Independent Broadcasters, have the ability to create and share videos, photos, or other content on the Platform that they own or have obtained proper licensing for ("Member Content"). By making Member Content available, you represent and warrant to the Company that you have all the necessary rights and permissions to share such content on the Platform. You also grant all Community Members who acquire your Member Content a perpetual, irrevocable, worldwide license to access and view the content through the Platform. It's important to understand that once a Community Member acquires your Member Content on the Platform, you have granted them a perpetual, irrevocable, worldwide license to access and view that content through the Platform. You represent that you possess all the necessary rights and permissions to grant such a license. When you acquire Member Content from other Community Members through the Platform, please acknowledge and agree to the following: We are not the creator or source of the Member Content; we simply provide a platform for Community Members to create and share their content. The Community Member who posted the Member Content is solely responsible for any claims or liabilities associated with the content. Your purchase or use of any Member Content is solely at your own risk. You release the Company, its affiliates, successors, assigns, officers, employees, agents, directors, shareholders, and attorneys from any claims or liabilities associated with the Member Content. We reserve the right to remove any Member Content that, in our sole discretion, may violate any laws or these Terms. If you provide tokens to an Independent Broadcaster in exchange for Member Content, you acknowledge that these tokens are given as a gratuity, regardless of any request from the Independent Broadcaster, and that they are non-refundable for any reason.
In the event of your termination from using the Website due to a breach of these Terms, no refund will be provided for any unused tokens. Any applicable fees shall be subject to additional rules, terms, conditions, or agreements posted on the Website or imposed by sales agents or payment processing companies, as may be amended periodically.
Please note that we may, at our discretion, refund tokens in cases of technical issues with the Website (such as malfunctions resulting in a token loss) or when you have experienced a demonstrably unsatisfactory private show (in which case, you must promptly end the show). However, please be aware that we do not refund tokens for tips given (as tips are considered gifts and cannot be reversed) or when you are observing someone else's private show.
g. Private Shows: All Independent Broadcasters acknowledge and agree that private shows are recorded by default, and these recordings are provided to the Community Member(s) who purchased the private shows. These recordings of private shows are considered Member Content, and upon delivery to the purchasing Community Member(s), they acquire a perpetual, irrevocable license to view and access the recording through the Platform.
i. Use of Information on the Platform: We cannot guarantee the security or privacy of the information (including text, images, and videos) you provide or share through the Platform. We do not have control over how others use the information you provide or make available to them. Please exercise caution when deciding what personal information to share with others on the Platform. We are not responsible for the content of any messages sent by Community Members on the Platform. By using the Platform, you release us from any liability related to the content of communications you receive from other users.
k. On- or Off-Platform Interactions/Meetings: We strongly advise against or endorse any form of interaction between Community Members outside of the Platform. As stated in these Terms, your use of the Platform and your interactions within it are undertaken at your own risk. Arranging face-to-face meetings through the Platform for engaging in illegal activities is strictly prohibited and will result in the immediate termination of your Account. If you choose to engage in lawful interactions with other Community Members outside of the Platform, you do so at your own risk. You acknowledge and agree that we are not responsible for any consequences arising from your decision to interact with others, whether in person or otherwise, outside of the Platform. We cannot and will not mediate in any matters or disputes that occur outside of the Platform, even if presented with third-party screen captures or records, as we are unable to verify their authenticity. If you decide to communicate with another Community Member outside of the Platform despite these warnings, we strongly recommend taking the following precautions:
i. Beware that anyone capable of committing identity theft can also create a fake user profile.
ii. Exercise caution when communicating with strangers who wish to meet you and act with prudence.
iii. Refrain from disclosing personal information such as your last name, email address, home address, phone number, workplace, or any other identifiable details in your user profile or initial email messages. Cease communication with anyone who pressures you for personal or financial information or attempts to deceive you into revealing such information.
iv. If you choose to meet another user in person, inform a family member or friend of your plans, including the location and expected return time. Avoid being picked up from your home and arrange your own transportation to and from the meeting. Select a public place with a significant number of people around.
v. Understand that any money or gifts you send to other users, whether directly or indirectly, through the Platform or outside of it, is done at your own risk. We will not intervene or become involved in any disputes between Community Members.
Please exercise caution and responsibility in all your interactions, both on and off the Platform.
l. Your Privacy Rights: When you utilize the Platform, we collect and process certain personally identifiable and other data about you. Our handling of this information is governed by our Privacy & Cookies Policy, which is referenced and included within these Terms. We encourage you to review this policy as it contains essential information about how we gather, use, and safeguard your information, as well as your rights in relation to it. Moreover, the Platform utilizes cookies and certain technologies that track usage, performance, and geographic location. For a comprehensive understanding of these practices, please consult our Privacy & Cookies Policy.
i. By You: You have the option to terminate your Account or any of your memberships at any time. This can be done by visiting our cancellation page or contacting our customer support. Until the termination is completed as specified herein, you agree to take personal responsibility for any charges incurred by your Account, username, and password. If you are an Independent Broadcaster and choose to terminate your Account, any remaining tokens in your Account will be disbursed to the payment information on file during our next payout date. If you are not an Independent Broadcaster and decide to terminate your Account with funds deposited as tokens, you can withdraw those amounts, subject to any third-party processing costs associated with your deposit and withdrawal. Once we process your request to terminate your Account, you will lose access to the non-public areas of the Platform and any Member Content in your Account.
ii. By Us: We hold the right, at our sole discretion, to terminate or suspend your access to the entire Platform or specific parts of it, with or without notice, for any reason or without specifying a reason, including a breach of this Agreement. This termination may occur if we, at our sole discretion, believe that any activity you engage in could potentially be illegal, fraudulent, abusive, or in violation of our community standards or rules. We reserve the right to report such activities to the appropriate law enforcement agencies.
iii. Effect of Termination: Upon cancellation of your Account or being terminated or banned from the Platform, you will be automatically locked out of the Platform and will no longer be able to access your Account, including any Member Content. You understand and agree that, upon termination of your Account, we are not obligated to maintain or store any content, emails, or other materials associated with your Account, and that such information may become irretrievable.
n. Representations by Community Members:
i. You make the following representations and warranties:
- Legal Compliance: You are aware of the laws in your jurisdiction that may impact your legal right to access or transmit erotica or adult-oriented material. By accessing the site, you confirm that you are not prohibited by law from accessing or using the Platform or transmitting any adult-oriented material.
- Sex Offender Status: You are not a registered sex offender in any jurisdiction, and you have never been convicted of any sexual crime against any person or animal.
- Voluntary Use: You voluntarily choose to use the Platform with the intention of viewing, reading, or hearing various content, including explicit adult material, solely for your personal enjoyment, information, and/or education.
- Community Standards: You are familiar with the standards in your community regarding sexually-oriented materials. The materials you expect to encounter on the Platform align with your community standards. If the content you come across does not meet your community standards, you agree to discontinue using the Platform.
- No Notification: You have not informed any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material.
- Respect for Rights: You will not violate the civil or other rights of any other Community Member or any third party.
- Original Content: Any content you upload or stream will be your original work and will not infringe upon the intellectual property rights of any third party.
ii. You also agree to the following:
- Compliance with Laws: You will comply with all applicable laws governing your use of the Platform.
- Compliance with Terms: You will not violate any provision of these Terms.
o. Community Member Indemnity: An indemnity is your obligation to protect us from certain losses arising from your actions. This section establishes your obligation to indemnify us and is an important condition for us to provide the Platform. You agree to indemnify us for any actual or threatened claims and losses, including reasonable attorneys' fees and costs, related to or arising from your use of the Platform, which violates these Terms or any applicable law. If you do not agree to these Terms, you must not access or use the Platform and should exit immediately.
a. Obligations under 18 U.S.C. §2257: It is important to be aware that, in accordance with United States federal law, any visual depictions you post, share, or perform on or through the Platform that portray "actual sexually explicit conduct," "depictions of the genitals or pubic area," or "simulated sexually explicit activity," as defined in 18 U.S.C. §2256(2)(A)(i)-(iv) and §2257A, require you to maintain the records listed under 18 U.S.C. §2257. Additionally, such postings must contain an "18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement." Failure to comply with the provisions of 18 U.S.C. §2257 may subject you to criminal and civil prosecution for violating federal law.
b. Content Submitted to the Platform: All materials submitted and/or streamed by Community Members through the Platform, including Member Content, and created by the respective Community Member or Independent Broadcaster ("Community Member Content"), shall remain the property of the creator. Community Member Content includes any chats or other materials transmitted through the Platform during its use. By broadcasting or uploading Community Member Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and perform the Community Member Content in connection with delivering the Platform and for marketing and advertising purposes in any media format of our choice. You also acknowledge that each Community Member is granted a license to use the Community Member Content under the terms of Section III(c) of these Terms. It is essential that you only submit content that you have created, own, or have the legal right to submit. This restriction includes the submission of any third-party content. Community Member Content must comply with these Terms and the Code of Conduct. Additionally, all Community Member Content must adhere to our "Content Submission Guidelines" outlined in our Code of Conduct located in Appendix C, which is incorporated by reference herein. You represent and warrant that all Community Member Content is your own and does not infringe upon the intellectual property rights of any third party. You will indemnify and hold us harmless for any losses, damages, or costs arising from a claim that your Community Member Content infringes the intellectual property rights of any third party.
c. Deleting Community Member Content: If you wish to have Community Member Content submitted by you deleted, you can request deletion by contacting us at [email protected]. While we may retain copies of the Community Member Content, we will not make them available through the Platform once we have processed your request. Please note that your license to us for any comments, texts, chats, or other Community Member Content used in published advertising is not revocable. As stated in these Terms, if another Community Member acquires your Community Member Content through the Platform, it will be deleted from your Account upon your request. However, any Community Member Content acquired by other Community Members before the date of your deletion request will remain in their Accounts. Furthermore, please be aware that, even if we delete Community Member Content, other Community Members may have copies or notes regarding such content, and we are unable to delete those copies or notes.
d. No Endorsement for Community Member Content: We do not endorse, recommend, or assume any obligation to monitor any Community Member Content streamed or shared through the Platform by any Community Member or Independent Broadcaster. Therefore, we disclaim any and all liability associated with Community Member Content. We strictly prohibit copyright infringement activities and any Community Member Content that infringes upon our intellectual property rights or the rights of any other party or third party. If we receive proper notification of copyright infringement, as described below, we will promptly remove the infringing Community Member Content without prior notice. Our identification of Community Member Content that may violate third-party rights, is illegal or violates our code of conduct relies on duly presented notifications from third parties claiming infringement. If you come across offensive or potentially illegal Community Member Content, please notify us at [email protected]. For infringing content, please follow the procedures outlined in paragraphs "f" and "g" below.
e. Repeat Infringer: We have a strict policy regarding repeat infringers. Any Community Member or Independent Broadcaster who is found to be a repeat infringer will have their Accounts terminated.
f. Infringement and the DMCA: We highly value the creative efforts of both Community Members and non-community members, and we have zero tolerance for the unauthorized use of third-party intellectual property. If you are a copyright owner and believe that your work has been copied, distributed, or shared on the Platform in a manner that constitutes copyright infringement or any other violation of your intellectual property rights, please provide the following information to the Platform's Designated Copyright Agent:
i. An electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner.
ii. Description of the copyrighted work or intellectual property that you claim has been infringed.
iii. Description of the location on the Platform where the infringing material is located.
iv. Your address, telephone number, and email address.
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
vi. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf.
Send your Notice of Claimed Infringement to:
[address of law firm]
Please do not send any other inquiries or information (apart from Notices of Infringement) to our Designated Agent. For any other inquiries, please contact us at [email protected].
g. Infringement Counter-Notice: If your Community Member Content was removed or access to it was disabled, and you believe that your Content is not infringing or you have the necessary authorization to use the material, you can provide a counter-notice to the DMCA Agent listed above. The counter-notice should include the following information:
i. Your physical or electronic signature.
ii. Identification of the removed or disabled Content and the location where it appeared before removal or disabling.
iii. A statement expressing your good faith belief that the Content was removed or disabled due to a mistake or misidentification.
iv. Your name, address, telephone number, email address, and a statement consenting to the jurisdiction of the federal court in Los Angeles, California. You should also indicate your willingness to accept service of process from the person who provided the original notification of alleged infringement.
v. Upon receiving a counter-notice, we may forward a copy to the original complainant, notifying them that they have 10 business days to either replace the removed Content or cease disabling it. Unless the copyright owner files a court order against you, the Content provider or the user, the removed Content may be reinstated or access to it may be restored at our sole discretion within 10 to 14 business days or longer after receiving the counter-notice.
vi. Requests to Remove Content: In the unlikely event that you find content on the Platform in which you appear but do not own the copyright (please refer to the DMCA section above if you do own the copyright) and you did not give consent or wish to withdraw your previous consent for its sharing on the Platform, you can request the removal of such content. Please email our support team at [email protected] with a link to the content in question and a statement indicating that you did not provide consent or are withdrawing your previous consent for its sharing on the Platform. We will promptly remove the content in which you appear as expeditiously as possible.
VII. Code of Conduct
a. Code of Conduct. We want to emphasize that we do not create or publish content. Instead, our platform serves as a means for individuals to share their own content for which they possess all necessary rights and permissions. We strive to establish minimal rules that uphold the rights of others, comply with applicable laws, and maintain a safe environment for Community Members to express themselves. These guidelines outline what is considered acceptable on the Platform and may be subject to revisions. Please refer to our "Code of Conduct" located in Appendix C, which is incorporated by reference and forms an integral part of these Terms.
b. Pervert.Chat is committed to fostering an engaging and interactive community. Periodically, we conduct token giveaways as a token of appreciation for our active and newly joined community members. To be eligible for these giveaways, members must maintain an active account and receive full approval from our platform administrators. It is imperative to note that any fraudulent activities detected by our vigilant platform team will result in the suspension of the member's profile. We encourage all community members, both existing and new, to participate responsibly and uphold the integrity of our platform.
a. Links to Other Sites: The Platform may include links, posted by us or Community Members, to external websites operated by independent third parties. Please note that these websites are not under our control, and we are not responsible for the content or links they provide. Our inclusion of any third-party links does not imply endorsement or certification of the content, opinions expressed, or the safety and suitability of such sites. When you access a link to another site, you do so at your own risk, as these sites may have their own terms, and privacy policies, and potentially contain malicious or harmful elements. It is important to ensure that your device is adequately protected. We shall not be held liable for any issues arising from your access to third-party linked sites. Community Members are prohibited from posting links or references to links or third-party sites in their room subject or as their location in their bio pages. We reserve the right to further restrict the sharing of links and determine which third-party websites may be linked or referenced.
b. Proprietary Information: Certain elements of the Platform contain proprietary or confidential information owned by us. We assert full copyright protection over the Platform, including its design and code. Any information shared or posted by us or Community Members may be protected, whether explicitly identified as proprietary or not. You are not permitted to modify, copy, or distribute any information on the Platform without the express written permission of the owner. Additionally, you are prohibited from using any automated means to scrape, download, or collect data or content from the Platform, including but not limited to robots, bots, crawlers, or data mining tools.
c. Disclaimer of Warranties: The Platform is provided on an "as is" and "as available" basis. We do not guarantee that the Platform will be uninterrupted or error-free. Delays, omissions, and interruptions may occur. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. WE DO NOT WARRANT THAT ANY DEFECTS IN SOFTWARE, HARDWARE, OR THE SERVICES WILL BE CORRECTED. YOUR USE OF ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or information displayed, uploaded, or distributed through the Platform. Any reliance on such content shall be at your own risk. The Platform may contain errors, omissions, or outdated information, which we reserve the right to correct. If you have any questions or encounter any errors, please contact us at [email protected].
d. Limitation of Liability: WHERE PERMITTED BY LAW, WE AND OUR AFFILIATED COMPANIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, LOSS OF DATA, FINANCIAL LOSSES, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF ANY UNUSED PORTION OF THE VIRTUAL CURRENCY YOU PURCHASED (IF WE DISCONTINUE THE USE OF VIRTUAL CURRENCY OR IF YOU VOLUNTARILY CANCEL YOUR ACCOUNT) OR THE SUM OF $250 USD. IN ALL INSTANCES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
e. Complaints: To resolve or report any complaint regarding the Platform or other Community Members, please send a detailed email to [email protected]. We will take appropriate action to help resolve the issue. Please note that, in attempting to resolve a complaint, we may, at our sole discretion, share your complaint, in part or in whole, with other individuals involved or implicated in the complaint.
f. Choice of Law: These Terms are governed by the laws of the United Kingdom, without regard to its choice of law provisions.
g. Arbitration: If any dispute arises relating to or arising out of your use of the Platform, such claims, including private attorney-general representative claims, will be resolved through binding individual arbitration, not in court, in accordance with the laws of the United Kingdom. Arbitration proceedings do not involve a judge or jury, and arbitrator awards are generally not appealable in court, except in limited circumstances. An arbitrator presiding over a claim is obligated to adhere to these Terms as a judge in a regular court proceeding would. The laws of the United Kingdom pertaining to arbitration will apply to these Terms. To initiate an arbitration proceeding, you must send a notice to [email protected]. The arbitration will be conducted by an arbitration organization determined in accordance with the laws of the United Kingdom. Payment and fees for the arbitration will be governed by the applicable arbitration rules. We will reimburse arbitration filing fees for claims totalling less than £1,000 unless the claims are deemed frivolous. The arbitration will take place in a location specified in accordance with the applicable arbitration rules. Neither party will be entitled to an award of attorneys' fees or costs incurred in arbitration, except where the court has ruled that the other party's claim is frivolous. Regardless of your place of residence, you expressly agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not permitted, nor is the combination of individual proceedings without the consent of all parties.
h. Entire Agreement: These Terms, along with any referenced policies, represent the entire agreement between you and us. In the event of a conflict between these Terms and any other policy, these Terms will prevail unless expressly stated otherwise.
i. Severability: These Terms are severable. If any provision or portion of these Terms is deemed invalid or unenforceable, it will be interpreted to fulfil its intended purpose to the maximum extent permitted by applicable law. If this is legally impossible, the provision or portion will be ineffective only to the extent of such invalidity, while the remainder of these Terms will remain in full force and effect. If any provision or portion of these Terms can be construed in multiple ways, with one rendering it invalid or voidable and another rendering it valid and enforceable, the provision will be interpreted in a manner that makes it valid and enforceable.
This Agreement may be periodically modified by us. Any changes to this Agreement will be posted on the Service or communicated to you via email, as determined at our sole discretion. If you disagree with any modifications, it is advised to discontinue using the service. By continuing to use the service after being notified of any changes in this Agreement, you are indicating your acceptance and agreement to be bound by this Agreement, including any subsequent modifications.