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User Agreement

Last Updated: July 18th 2023

Superfoon B.V. (“we, us, our, ours, etc.”) is the owner and operator of kijktelefoon.nl and any affiliated websites and related mobile versions and all services provided thereon (“kijktelefoon.nl”). We are the owner of all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, content, information, or materials on kijktelefoon.nl (“Materials”).

This User Agreement is a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to your access to and use of kijktelefoon.nl, a website that allows models (“Models”) to offer video chats to callers (“Callers”) in exchange for virtual credits (“Credits”).

By accessing or using kijktelefoon.nl, you accept and agree to our website policies, including this User Agreement, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to this User Agreement, (c) you are using kijktelefoon.nl freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

We reserve the right to revise this User Agreement at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in this User Agreement, we will change the “Last Updated” date at the top of this User Agreement. You agree to re-visit this page on a frequent basis, and to use the “Refresh” or “Clear Cache” function on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed this User Agreement, then you may presume that nothing in this User Agreement has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated User Agreement in its entirety. You must agree to any updated User Agreement or immediately cease use of kijktelefoon.nl. If you fail to review this User Agreement as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights. 

 

1. Accounts

A. Account Numbers

We will automatically create an account number for each Caller that purchases video chats or Credits and provides a valid payment method. Your phone number will be your account number. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user.

B. Termination by You

You may delete your account by sending an email to [email protected].  You will not assign, transfer, sell, or share your membership to kijktelefoon.nl. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

C. Termination by Us

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

 

2. Grant of Rights

You understand that all we are offering you is access to and use of kijktelefoon.nl as we provide them from time to time. You need to provide your own access to the Internet, hardware, mobile device, data plan, and software, and you are solely responsible for any fees that you incur to access or use kijktelefoon.nl or participate in video chats. All users may access and use certain public areas of kijktelefoon.nl, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of kijktelefoon.nl for private, non-commercial purposes. This free license does not include a license to access or use paid areas of kijktelefoon.nl or the Materials therein. We reserve the right to limit the amount of Materials viewed or features available to you. Your license to access and use kijktelefoon.nl, the Materials, any user-generated content, and certain paid features is not a transfer of title. You will not copy or redistribute any Material or user-generated content, and you will prevent others from unauthorized access, use of, or copying of the Materials and any user-generated content.

 

3. Acceptable Use Policy

A. Prohibited Uses for All Users

You agree that you will only use kijktelefoon.nl for purposes expressly permitted and contemplated by this User Agreement. You may not use kijktelefoon.nl for any other purposes without our express prior written consent. Without our express prior written authorization, you will not: 

• use kijktelefoon.nl for any purpose other than as offered by us, including in any way that is prohibited by this User Agreement or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:

• laws prohibiting sex trafficking and promotion or facilitation of prostitution;

• intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;

• laws against obscene, lewd, defamatory, or libelous speech; and

• laws protecting confidentiality, privacy rights, publicity rights, or data protection.

• fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

• access or use kijktelefoon.nl if you are, or are required to be, a registered sex offender in any jurisdiction.

• link to kijktelefoon.nl on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

• access the accounts of other users.

• engage in any fraudulent activity, including impersonating any real or fictitious third party,  falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of the video chats.

• circumvent, disable, damage, or otherwise interfere with the operations of kijktelefoon.nl, any user’s enjoyment of kijktelefoon.nl, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of kijktelefoon.nl, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

• reverse engineer, decompile, disassemble, or otherwise discover the source code of kijktelefoon.nl or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

• access or use any automated process (such as a robot, spider, scraper, or similar) to access or use kijktelefoon.nl in violation of our robot exclusion headers or to scrape all or a substantial part of the kijktelefoon.nl (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

• modify, adapt, translate, or create derivative works based on kijktelefoon.nl, except and only if applicable law expressly permits that activity despite this limitation.

• commercially exploit or make available, mirror, or frame kijktelefoon.nl.

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

• attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of this User Agreement and may result in immediate suspension or termination of the user’s account and access to kijktelefoon.nl or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise violate this User Agreement or any international, foreign, or domestic laws, including civil, criminal, or injunctive relief, and cancellation of your account.

B. WE HAVE A ZERO TOLERANCE POLICY FOR PROSTITUTION AND SEX TRAFFICKING

The solicitation, promotion, and facilitation of prostitution and sex trafficking are strictly prohibited. If you engage in such activity, whether on kijktelefoon.nl or by posting links to external websites that solicit, promote, or facilitate prostitution or sex trafficking, we may delete your account without refund and take other appropriate action.

C. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD EXPLOITATION

You understand that all depictions on kijktelefoon.nl are of persons over the age of eighteen (18) on the date of production. We take great measures to ensure that no minors appear on kijktelefoon.nl nor in the video chats. If you seek any form of child sexual abuse material (whether real or virtual), you must exit kijktelefoon.nl immediately. We do not provide or promote underage content, and we do not tolerate those who seek underage content. In order to further our zero-tolerance policy, you agree to report any images, real or simulated, that appear to depict minors on kijktelefoon.nl.

D. Reporting User Activities

If you are aware of any user engaging in activities that violate this User Agreement, please access our Report Abuse form and provide as much detail as possible, including a description of the objectionable activity, the username of the individual engaging in suspicious activities, the date and time of identification, the reason we investigate the activities, and a statement certifying the accuracy of the information you provided to us.

E. Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of this User Agreement, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If we receive a subpoena, discovery request, production order, search warrant, or court order in response to your activities which causes us to incur legal expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses, costs, and fees upon our request.

 

4. Billing

A. Purchases

If you provide valid and current billing information, you may purchase Credits and/or video chats. Credits have no cash value and are for entertainment purposes only. Unused Credits are not eligible for any full or partial refunds. Credits may be deleted from inactive accounts. We offer you the opportunity to purchase differing amounts of Credits for differing prices. The price of Credits is displayed on kijktelefoon.nl, and you may only purchase Credits for the currently displayed price. The price of video chats is displayed on kijktelefoon.nl, and you may only use Credits to access video chats for the currently displayed price. We reserve the right to charge additional fees for access to or use of kijktelefoon.nl or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from kijktelefoon.nl.

You agree to pay all fees or account charges related to any fees, taxes, charges, purchases, or upgraded features associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due immediately upon cancellation or termination of your account.

B. Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process all payments associated with kijktelefoon.nl. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

C. Changes to Your Billing Information

You must promptly inform our third-party billing agents of all changes, including changes in your address, debit or credit card, and other banking information used in connection with billing through kijktelefoon.nl. You are responsible for any debit or credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account, along with any additional fees or penalties imposed by our third-party billing agents.

D. Chargebacks

If you make a purchase on kijktelefoon.nl that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback.

E. Changes to Our Billing Methods

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

F. Refunds

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

G. Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, or if you believe that we have paid you an insufficient amount for any activity associated with your account, please notify our third-party billing agents immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in this User Agreement.

H. Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

I. Anti-Money Laundering

We prohibit and seek to prevent money laundering and the funding of criminal activities. We train our employees to monitor for suspicious transactions on kijktelefoon.nl and to review transactions that meet certain thresholds. We may provide any evidence of such activities by our users (and your personally identifiable information as detailed in our Privacy Policy) to financial regulators or law enforcement according to our Law Enforcement Policy or as otherwise deemed necessary by us.

We may prevent you from creating an account, suspend or terminate your account, or request additional information from you if (1) you provide fraudulent account information, such as impersonating a third party, (2) one or more of your transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide requested information in a timely manner, we will terminate your account.

 

5. Dispute Resolution and Damages

A. Governing Law and Venue

This User Agreement and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of the state of Florida, and United States federal law, excluding any conflict of law provisions. The sum of this paragraph is that all disputes must be, without exception, resolved in Orange County, Florida. All Parties to this User Agreement agree that all legal actions or proceedings arising in connection with this User Agreement or any services or business interactions between the Parties that may be subject to this User Agreement shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, this User Agreement in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this User Agreement whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by this User Agreement. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from this User Agreement. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

B. Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

C. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach this User Agreement, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

D. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

 

6. Disclaimers

A. We Disclaim All Warranties

We provide access to and use of kijktelefoon.nl “as is” and “with all faults.” We make no warranty that kijktelefoon.nl will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to or use of kijktelefoon.nl will be uninterrupted, timely, secure, error-free, or that loss of materials will not occur, to the greatest extent provided by applicable law. We may change any of the information found on kijktelefoon.nl at any time or remove any or all Materials or video chats. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through kijktelefoon.nl or any transaction entered into through kijktelefoon.nl. There are no warranties of any kind that extend beyond the face of this User Agreement or that arise because of course of performance, course of dealing, or usage of trade.

B. Use at Your Own Risk

You expressly agree that access to and use of kijktelefoon.nl is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that kijktelefoon.nl will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, generally, or kijktelefoon.nl, specifically. You understand and agree that any Materials or video chats accessed or otherwise obtained through kijktelefoon.nl is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

C. Offensive and Adult Content Warning

kijktelefoon.nl contains material that may be considered offensive. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing kijktelefoon.nl if they may deem it offensive, and you agree to cease accessing and using kijktelefoon.nl should you find them offensive. Specifically, you represent and warrant that you are aware that kijktelefoon.nl is an inclusive platform which permits the posting of adult content by our users, and that you are not offended by adult content, including graphic audiovisual depictions of nudity and sexual activity. You further represent and warrant that you are familiar with and comply with your jurisdiction’s laws and community standards, including those affecting your right to access, receive, and transmit adult content, and those relating to distributing adult content to minors.

D. Parental Controls Notice

You acknowledge your responsibility to prevent minors under your care from accessing harmful, inappropriate, or adult content. You agree not to allow minors to view kijktelefoon.nl, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful, inappropriate, or adult content. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing kijktelefoon.nl if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep kijktelefoon.nl from being displayed or accessed by your children or wards.

E. Registered Sex Offenders and Safety Tips

By accessing kijktelefoon.nl, you represent and warrant that you have not been convicted of a felony or any criminal sexual offense, and you are not required to register as a sex offender with any government entity. While we prohibit access to and use of kijktelefoon.nl by registered sex offenders, we do not conduct routine criminal background checks on users. You are solely responsible for your interactions with other users. We do not undertake any obligation to monitor user activity, screen or interview users, investigate the background of users, or attempt to verify the accuracy of statements made by third parties regarding any user’s background. We expressly disclaim any warranty about the conduct of users or those acting on their behalf. Remember, online profiles can be falsified. We recommend that you use common sense and take reasonable precautions in all communications, or interactions with other users. Consider the following online safety tips:

• Anyone who can commit identity theft can also falsify an online profile.

• There is no substitute for acting with caution when communicating with any stranger who wants to interact with you.

• Never include your last name, email address, home address, phone number, place of work, or any other identifying information in initial communications with other users. Stop communications with anyone who pressures you for personal or financial information or tries in any way to trick you into revealing it.

F. Fraud and Scam Warning

While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on kijktelefoon.nl other than through authorized means. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through authorized means. You expressly understand and agree that if any other user that you are in communication with on kijktelefoon.nl requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.

G. No Responsibility for Video Chats

We expressly disclaim all liability for any video chats. You understand kijktelefoon.nl merely connects you with Models who offer video chats, and that we do not endorse (expressly or implicitly) the opinions expressed in video chat. Thus, you understand that you may be exposed to video chats from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the video chats. You further understand that you may be exposed to video chats that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor video chats. However, we reserve the right to demote or terminate any user and to demote, remove, or refuse to allow specific Callers or Models to engage in video chats, at any time, for any reason, with or without prior notice. If we choose to monitor kijktelefoon.nl or the associated video chat lines at any time, we assume (1) no responsibility for the video chats, (2) no obligation to modify or remove any inappropriate video chats, and (3) no responsibility for the conduct of the participants.

H. Privacy / Security Warning

No website or server is immune from hacking or other breaches of security protocols, which can result in the wrongful public release of your information and data. Video chats may be illegally recorded by users or third parties, and video chats may be posted online or otherwise distributed without your permission. Such actions may cause humiliation, mental / emotional distress, identity theft, and other significant damages. You therefore acknowledge and agree we shall not be liable for any recording or release of private information, personal data, or video chats, and you hereby release us from all liability and claims associated therewith.

I. Third-Party Links

kijktelefoon.nl may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from all damages and liability that may result from use of third-party links that appear on kijktelefoon.nl and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by this User Agreement or our other policies. We reserve the right to demote or remove any link at any time.

J. Violations of Law

Access to and use of kijktelefoon.nl in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access and use kijktelefoon.nl will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

 

7. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, attorneys, and agents, from and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use kijktelefoon.nl, or any breach of this User Agreement by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

 

8. Limitation of Liability

You acknowledge that we will not be liable to you for your participation in the video chats or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of your participation in the video chats or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of kijktelefoon.nl including claims relating to the following:

 

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, nonconsensual recording or dissemination of intimate depictions, violation of prostitution or sex trafficking laws, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of kijktelefoon.nl, unavailability of kijktelefoon.nl, its functions and any other technical failure that may result in inaccessibility of kijktelefoon.nl, or any claim based on vicarious liability for torts committed by individuals met on or through kijktelefoon.nl, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

 

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in our favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

 

We expressly disclaim any liability or responsibility to you for any of the following:

• Any loss or damage of any kind incurred because of the Materials or video chats, including errors, mistakes, or inaccuracies thereof or any Materials or video chats that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

• Personal injury or property damage of any nature resulting from your access to and use of kijktelefoon.nl.

• Any third party’s unauthorized access to or alterations of your account, transmissions, or data.

• Any interruption or cessation of transmission to or from kijktelefoon.nl and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through kijktelefoon.nl.

• Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through kijktelefoon.nl by any third party.

• Any incompatibility between kijktelefoon.nl and your other services, hardware, or software.

• Any claims arising from identification of you based on your video chats.

 

9. Intellectual Property

A. Trademarks

kijktelefoon.nl is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on kijktelefoon.nl may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

B. Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. You retail all right, title, and interest in the video chats. kijktelefoon.nl, the Materials, and your video chats are protected by copyright law. The Materials and any video chats may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials or video chats. Modification or use of the Materials or video chats except as expressly provided in this User Agreement violates our intellectual property rights.

 

10. General

A. Entire Agreement

This User Agreement and any other legal notice or agreement published by us on kijktelefoon.nl, forms the entire agreement between you and us concerning your use of kijktelefoon.nl. It supersedes all prior terms, understandings, or agreements between you and us regarding use of kijktelefoon.nl. A printed version of this User Agreement and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of this User Agreement shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to provide you with access to and use of kijktelefoon.nl. Further, by engaging in video chats using your mobile device, you agree to comply with applicable terms, conditions, and contractual provisions associated with such telecommunications service. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

C. Assignment and Delegation

We may assign any rights or delegate any performance under this User Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

D. Severability

If any provision of this User Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

E. Cumulative Remedies

All rights and remedies provided in this User Agreement are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

F. Successors and Assigns

This User Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this User Agreement.

G. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

H. Notices

Any notice required to be given by us under this User Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on kijktelefoon.nl, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at our Contact page unless otherwise specified in this User Agreement. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of this User Agreement. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

I. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into kijktelefoon.nl may be read by us and our moderators and other agents, regardless of whether we are intended recipients of such messages.

J. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain adult content and language which is not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

K. Consideration

We allow you to access and use kijktelefoon.nl, as limited by purchase of certain paid features, in consideration for your acquiescence to all the provisions in this User Agreement. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of kijktelefoon.nl.

L. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through kijktelefoon.nl. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

M. English Language

We have written this User Agreement and our associated website policies in the English language. You are representing your understanding and assent to the English language version of this User Agreement as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating this User Agreement. In the event that you choose to translate this User Agreement, you do so at your own risk, as only the English language version is binding.

N. Export Control

You understand and acknowledge that the software elements of kijktelefoon.nl may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such elements contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the elements are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

O. No Agency Relationship

Nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

P. Usages

In this User Agreement, unless otherwise stated or the context otherwise requires, the following usages will apply:

• References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

• In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

• References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

• “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

• “Including” means “including, but not limited to.”

Q. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this User Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this User Agreement.

R. Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this User Agreement.

S. Other Jurisdictions/Foreign Law

We make no representation that kijktelefoon.nl is appropriate or available for use in all locations. You may not access or use kijktelefoon.nl from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access and use kijktelefoon.nl from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this User Agreement shall be interpreted as an admission that that we are subject to the laws of any nation besides the United States.

T. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use kijktelefoon.nl. kijktelefoon.nl IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use kijktelefoon.nl while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and this User Agreement, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on kijktelefoon.nl, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of kijktelefoon.nl in any jurisdiction.