Article 1. Definitions
In these terms and conditions, the following terms are used with the
following meaning, to the extent of the nature or scope of the present
stipulations not otherwise.
- Viibe B.V.: the user of these general terms of use and conditions, established in
Breda
(Netherlands), registered in the Trade Register under Chamber of Commerce number
85786942.
- User: any person, not acting in the exercising a profession or
business, which has closed an agreement with
Viibe B.V. or is planning to close an
agreement.
- Parties: the parties to the agreement:
Viibe B.V. and the user.
- Agreement: any between
Viibe B.V. and the user concluded
agreement, which may concern:
- the agreement to use the web space that is created by registration by
the user on the website;
- the agreement to purchase credits so the user can enable certain
functionalities of the website.
Under agreement is also included any case understood the whole of
legally valid on the legal relationship between the user and
Viibe B.V.
applicable provision or statement, including the stipulated in these
general terms of use and conditions.
- Website: the website of
Viibe B.V. where the user concludes the
agreements and on which, when registering the user, the present general
terms of use and conditions are provided to him.
- Web space: for the user through his username and password
exclusive accessible part of the website.
- Content: all data, including photos and text messages, which are
sent by the user through the web space uploaded, disclosed and / or
distributed.
Article 2. General provisions
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These general terms of use and conditions apply to any offer of
Viibe B.V. addressed to the user, and each
concluded agreement.
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The text of these terms and conditions is provided before registration
on the website is completed by the user, in such a way to him made
available that it can be made available by him in a simple manner stored
on a durable data carrier.
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If Viibe B.V. does not always desires
strict compliance with these terms and conditions does not mean that
these conditions do not apply or that
Viibe B.V. will lose the right to order in
future cases to require strict compliance with these terms and
conditions.
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Annulment or invalidity of one or more of these provisions does not
affect the validity of the other provisions. In an occurring the parties
are obliged to enter into mutual consultation in order to to make a
replacement arrangement with regard to the affected clause. The purpose
and scope of the original provision.
-
The provisions of these general terms of use and conditions which by
their nature or scope are intended to also apply after termination of
agreements remain in full force even after their termination.
Article 3. Chatpals and Hosts
The user should take into account that
Viibe B.V. contains both real member
profiles and fictitious member profiles (called ChatPals) on the website
and that Viibe B.V. can deploy Hosts.
The Hosts can have fictional conversations, role play or have other
fictional communication with the user and other users of the website.
Hosts are deployed with the aim of stimulating interactions within the
website and having conversations with users. Hosts are also intended to
monitor user activities, communications and content in order to ensure
that these conditions are adhered to. The user agrees that all content
originating from such Hosts, information, texts and images are fictional
and are only intended as entertainment. All Hosts are fictitious. Any
resemblance to real persons, living or dead is pure coincidence. In
contrast to real member profiles, no arrangements can be made with
fictitious profiles and Hosts. You can identify the ChatPals by the logo
in the right hand corner of the profile picture in the profile.
Article 4. Offer and registration
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The user cannot derive any rights from any offer from
Viibe B.V.
that contains an obvious error or mistake.
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Registration by the user is required for the establishment of agreements
required on the website. The website may contain explicit erotic content
contain. Registration is only possible for persons who have reached the
age of 18 years. By registering general terms of use declares he is of
legal age. The user guarantees that he has reached the adult age
applicable in his jurisdiction.
Viibe B.V. does not accept liability for
the unlawful use of the website by minors.
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The user is not allowed to register in the name of another person. The
user indemnifies
Viibe B.V. from all third party claims in
connection with the statement that the user is in violation of the
provisions in the previous sentence acted.
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The agreement to use the web space is concluded on the moment when the
user's registration by email is through and the user has been confirmed
verified his account. After the conclusion of that agreement the user
can use his specified username and password to login the website to
access the web space profile to compile and change his personal profile
and will be able to use functionalities of the website.
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The user guarantees that all information provided by him upon
registration is correct, accurate, up-to-date and complete. Furthermore
the user declares that all data that he has at any other time provided
to
Viibe B.V., is also correct, accurate,
current and complete.
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The creation of multiple profiles by the same user is not allowed.
Viibe B.V.
only allowes one profile and per IP address and e-mail adress to claimed
free credits.
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Viibe B.V. has the right delete the user
on a particular username for any reason.
Article 5. Usage Rules and Restrictions
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The use of the website by the user is entirely on its own risk. The user
should be aware of that
Viibe B.V. contains fictional member
characters (ChatPals). The user should also be aware that when he is
involved in communicating via the internet with people who are unknown
to the user, that these people are not necessarily who they say they are
and that these people are misleading, be deceptive or behave unlawfully.
The user himself is responsible for the interactions he may or may not
have through the website with other Users and Hosts. The users
interactions with other users or Hosts are to be handled with caution
and use his common sense. Viibe B.V. is
not liable and responsible for the acts and omissions of other users on
the website.
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The user is prohibited from unlawful, violent, infringing, hateful or
discriminatory content via the website upload, distribute and / or
disclose.
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The user is, except expressly requested by
Viibe B.V. through the web space, not
allowed to directly or indirectly share personal data, such as telephone
numbers, (e-mail) addresses, URLs or other personal data on his profile
so that this is visible to fellow users on the website.
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The user is not allowed to access the website in any way for unlawful
acts, to commit criminal offenses and / or for acts contrary to general
applicable standards and values. This is meant non-exhaustive,
understood: committing infringement of intellectual property rights of
third parties (including, but not limited to: copyrights, trademark
rights, rights under European Directive 96/9 on the legal protection of
databases, patent rights and design rights, theft, the unlawful and / or
criminal distribution of secret or confidential information, unlawful or
criminal distribution of texts and / or image and sound material,
including racist expressions, (child) pornography, criminal data
traffic.
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The user is liable for all activities from his account on the website.
The user is bound to keep the credentials for accessing his account
secret. All actions performed on the user's account attributed to the
registered user. Only the user is responsible for his behavior as well
as for any content he transmits uploads, distributes and / or discloses
the website.
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The user is not allowed to track down login credentials from other
users, use them or collect them of the website.
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The user is strictly prohibited from using interchangeable messages to
slander, threaten, bully, berating, harassing, stalking or intimidating
other users.
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The user is not allowed to use the website for illegal or otherwise
unauthorized purposes. The user refrains from posting offensive content
that is spam, misleading, defamatory, obscene, threatening, political,
intimidating, violent, pornographic, racist or (otherwise) is prohibited
by law, including youth photos (photos of persons who are minors in the
relevant jurisdiction), group photos, photos featuring children, photos
of others people than the user himself who are recognizable in the
image, as well as photos of animals.
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The user is prohibited from uploading content through the website
contains incorrect or misleading information. Furthermore, it is
strictly prohibited for the user to cause deliberate malfunctions or
malfunctions cause to the website or servers of
Viibe B.V.
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The user is not allowed to access the website or the messaging system of
Viibe B.V. for the use of promoting
services or products of third parties, with or without a commercial
purpose. The user is also prohibited from which way, to refer to other
web pages.
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The user is prohibited from invading the privacy of co-users.
Furthermore, the user is not allowed to provide personal data of
co-users to third parties.
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The user is not allowed to access the website, the servers or networks
of Viibe B.V. for exploitation use,
obstruct or disrupt the website and service, for example by worms,
viruses, spyware, malware or others sending destructive or disruptive
codes.
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The user is solely responsible for his communications with other users
of the website, both online and offline. The user indemnifies
Viibe B.V. from any claims in in
connection with the behavior of any co-user of the website.
Viibe B.V. is entitled but not obliged to
monitor disputes between users and / or to play a conciliatory or
corrective role in it. The user is bound by his communication with
fellow users of the website use common sense. This also applies to
uploading, distributing and disclosing content, personal information and
all other data.
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Viibe B.V. is not responsible for the
content uploaded, disclosed through the website and distributed, not
even with regard to the content of fellow users. The user uses the
website entirely at his own risk.
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Viibe B.V. is always entitled, but not
obligated, to disclose any content that it believes infringes to remove,
edit, or delete certain content in these terms and conditions blocking
and / or monitoring. Of illegal and / or on the rights of fellow users
or other third party infringing content and other as To qualify abuse
behavior, users can file a complaint at
Viibe B.V. If
Viibe B.V. considers a complaint
justified, is it, without prejudice to the other provisions of these
general terms of use and conditions, entitled to remove the relevant
content in whole or in part without
Viibe B.V. in any way is liable to the
relevant user as a result of a such removal.
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The user always guarantees that he is the owner of the content placed or
distributed by him on the website, then however, that he is otherwise
entitled to publish this content on the website place. The user is not
allowed to take pictures of other persons on his profile. The user
guarantees that the publishing and using the content via the website
does not infringe to the rights of third parties, such as with regard to
privacy rights, copyrights, trademarks and / or other intellectual
property rights.
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The user is not allowed to make negative statements about it
Viibe B.V. to disclose on forums or for
example review sites, without these statements containing valid
evidence.
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Viibe B.V. is not responsible for profiles
from users who contain content that violates the law.
Viibe B.V. does not have resources to
permanently monitor the content of users' profiles. With suspicion of a
user's violation of the law users requested
Viibe B.V. to be notified immediately.
Then Viibe B.V. will all be inside its
possibilities make existing efforts to repeat this and, if necessary,
the relevant expressions of the website.
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The user is not allowed to create a fictitious account. Such accounts
will pass through
Viibe B.V. and will be deleted
immediately. Viibe B.V. reserves the right
to self create profiles on the website and post messages on behalf of
these accounts send to the user. The user understands and accepts that
some profiles on the website are fictitious and these have only been
created to exchange messages and flirts with. Physical arrangements with
these fictitious profiles are not possible.
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Escort/sex for money is excluded and banned on
Viibe B.V..
Article 6. Refusal, blocking and deletion of profiles
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Viibe B.V. is entitled to change without
notice reasons to refuse, block and / or remove a profile from the
website . Viibe B.V. refuses, blocks, and
/ or removes, but without being obliged to do so, a profile, if:
- the user acts in violation of these general terms of use and
conditions;
- the profile violates the law;
- the profile has a child pornographic or animal-erotic character or
refers to a location with such content;
- the profile has a violent character or refers to one location with
such content;
- the profile discriminates on the basis of race, sexual orientation,
gender, political affiliation, religion or belief;
- the profile contains malware and / or viruses or links to websites and
/ or digital sources of malware and / or viruses;
- the profile encourages, promotes illegal activities or the profile in
terms of ethics, layout, style or design is not included in the website.
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No refund will be given if a profile is blocked or deleted of purchased
credits. The fact that the profile of the user is blocked or removed
within the meaning of this Article, is attributable to the user. For
non-refundable purchased credits can
Viibe B.V. therefore cannot be held
liable.
Article 7. Termination and deregistration
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The user can delete his profile in the prescribed manner. In case the
users delets his own account the credits he already obtained are never
eligible for a refund.
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An infringement by the user of the provisions of these general terms of
use conditions or an applicable statutory regulation, can go to
exclusive assessment of Viibe B.V. and in
addition to the provisions of Article 5, will result in blocking of the
user's account.
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Viibe B.V. is entitled to change the
website to whatever for any reason and without prior notice and at any
time also adjust or terminate the operation thereof, without opposing
the user to be liable in any way. In case
Viibe B.V. ends matches due to a
circumstance that cannot be attributed to the user and still credit is
available to the user on the web space, the user at most claim a refund
of already paid by him before those credits paid. Refund is in all
cases, however no longer possible in case the user has been used for a
period of at least at least six months until the day on which he is
entitled to a refund has not logged into his account.
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In case of deregistration or termination as in the previous paragraphs
intended, all of the user's content will no longer be accessible.
Viibe B.V. rests after termination of
agreements do not have any obligation to retain. In case of
deregistration or termination, all licenses and others accrue to the
user under rights granted to these general terms of use and conditions
with immediate effect cancelled.
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In case of deregistration or termination as in the previous paragraphs
intended, all of the user's content will no longer be accessible.
Viibe B.V. rests after termination of
agreements do not have any obligation to retain. In case of
deregistration or termination, all licenses and others accrue to the
user under rights granted to these general terms of use and conditions
with immediate effect cancelled.
Article 8. Credits, payments and right of withdrawal
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Credits are required to exchange messages with fellow users.
Furthermore, credits are needed to send fellow users so-called flirts.
Credits can be purchased through the website through various payment
methods. Subject to the provisions of the other of these general terms
of use and conditions and in particular Article 3.6, (1 text message
equals
10 credits).
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Before entering into a credit purchase transaction,
Viibe B.V. will state the applicable price
including VAT and any additional costs. The current prices of credits
are additionally listed on the page on the website
Pricing .
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In principle, the user has the legal right to cancel the transaction
concerning credits without giving reasons to up to 14 days after
entering into that transaction. As far as one purchased credit package
is wholly or partially within the intended reflection period redeemed,
the right of dissolution expires.
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The user is only entitled to a refund of his purchased and unexpired
credit packages for the duration of the reflection period of 14 days
after the conclusion of the transaction.
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The user can use the right of withdrawal as referred to in the previous
two statement by using the by
Viibe B.V. offered model form for
revocation request to Viibe B.V. serve.
Once Viibe B.V. has been notified of the
user's intention to cancel the transaction will
Viibe B.V.
the dissolution as soon as possible by e-mail to the user confirm. The
price will be refunded within 14 days after termination of the
transaction, using the same payment method as with which the user
purchased the credits.
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Viibe B.V. is always entitled to change
the prices of credits without notice. Price changes however, have no
influence on already concluded transactions.
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Payments made by the user are without prejudice to the provisions in
paragraphs 3, 4 and 5, as well as Article 6.3 never for a refund
eligibility and (free) credits cannot be exchanged for money.
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In the unlikely event that credits are not credited to the account of
the user, while a payment has been made, makes that the user is of
course entitled to a proper crediting of the credits. In that case, the
user should contact the
Customer Service
page of Viibe B.V..
Article 9. Liability and Indemnity
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Except for intent or willful recklessness
Viibe B.V., is excluded of any liability
for damages incurred in connection with it use of the website. In
particular Viibe B.V. is not liable
accordingly which is specifically stipulated in the following paragraphs
of this article and the other of these general terms of use and
conditions.
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Users determine which content is uploaded to the website, revealed and
disseminated. Viibe B.V. is not is obliged
to ascertain whether the users or third parties content disclosed
through the website unlawful, incorrect, incomplete or misleading. The
user cannot assume that
Viibe B.V. approves or recommends all
content. Viibe B.V. does not accept any
liability for the data uploaded using the website, disseminated and
disclosed content. The user indemnifies
Viibe B.V.
of all his claims based on the statement that the means the website
uploaded and / or disclosed content unlawful, incorrect, incomplete or
misleading.
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For not realizing dates by the user,
Viibe B.V. carries no liability
whatsoever. Furthermore Viibe B.V. bears
no liability for the circumstance that the use of the website is not or
not entirely linked to the user expectations has expired. The user uses
the website at your own risk and bears any adverse consequences use of
the website may result, such as regarding personal relationships with
partners, employers, etc., but also some concerns financial damage and
all other cases of consequential damage. Any liability of
Viibe B.V. is relevant excluded.
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Viibe B.V. is at all times entitled to the
website to be adjusted on subordinate points and is not liable for
damage resulting therefrom for the user, except insofar as the user is
disproportionately disadvantaged in this respect with regard to paid
functionalities of the website, in which case the user can at most claim
a refund of the amount paid by him payments made.
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Viibe B.V. is not liable for damages due
to unauthorized use of login details on the website.
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Viibe B.V. makes every effort to ensure
proper operation and optimize the accessibility of the website. However,
Viibe B.V. does not guarantee that the
features on the website are unlimited availability and that all
amenities on the website function smoothly. All liability of
Viibe B.V. is out of the question.
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Viibe B.V. is at all times authorized to
access the website or to take parts thereof out of use or have them
taken out of service if this is to her judgment is desirable with regard
to maintenance, upgrades, remediation malfunctions, adaptation or
improvement of the website or servers of
Viibe B.V. or third party. All liability
of Viibe B.V. due to inaccessibility or
reduced accessibility or usability of the website or parts thereof is
excluded.
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Viibe B.V. is not responsible for this
programming errors of the website. Furthermore
Viibe B.V., except intentionally and
deliberately recklessness on its part, not liable for viruses or other
malicious components that pass through the website or servers of
Viibe B.V. or third-party harm to the
hardware or software of the user.
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If the website contains references, for example by means of hyperlinks
to the websites of third parties
Viibe B.V. is never liable for the content
of these websites.
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Viibe B.V. makes every reasonable effort
website and the other systems of
Viibe B.V. too protect against any form of
unauthorized use by third parties.
Viibe B.V. is never liable for this
violation of the user's (intellectual property) rights third parties, as
well as for damage resulting from loss or damage to content or sending
content due to insufficient security.
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The user is liable towards
Viibe B.V. for any damage caused as a
result of an infringement of the provisions of this general terms of use
and conditions, it through the systems of
Viibe B.V. spreading viruses, worms et
cetera, as well as for damage resulting from other actions that the
affect the proper functioning of the website or parts thereof. The user
is furthermore liable for all costs incurred
Viibe B.V. because of such circumstance,
for example because he is in or must defend or have counseled out of
court.
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If and insofar as the user violates the provisions of this general terms
of use and conditions or any statutory provision, indemnifies the user
Viibe B.V. from all of this resulting
damages and claims from third parties.
Article 10. Intellectual property
All database, copyrights and other intellectual property rights ownership
of the software offered, the domain name of
Viibe B.V., the website and parts of it,
including the name “Secretflirts”, the design,
operation, images and sounds of the website belong to
Viibe B.V., in so far as these rights are
not with the user or third parties. The user is prohibited from using the
material which has the rights of
Viibe B.V. or her licensor, to reproduce,
modify, in any way reproduce, provide to third parties, distribute,
exploit or to make derivative works thereof other than necessarily related
stands with the use of the website.
Article 11. Complaints
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In case of user complaints about
Viibe B.V., the user can submit these via
the
Customer Service
page or via e-mail:
support@secretflirts.net.
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Viibe B.V. strives to resolve complaints
within two working days after receipt to answer substantively. If a
complaint requests a longer processing time will be completed within two
working days with a confirmation of receipt and an indication of when
the user can expect a more detailed answer.
Article 12. Newsletters, offers, etc.
Viibe B.V. is entitled to the e-mail address
of the user to use to keep the user informed of offers, new services from
Viibe B.V. or new developments with regard
to the services provided by Viibe B.V.. If
the user does not want to receive such messages any longer, he can rely on
the messages mentioned in these messages the prescribed manner for receipt
thereof.
Article 13. Final provisions
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Viibe B.V. is at all times authorized to
edit the contents of to amend these general terms of use and conditions.
The modified general conditions also apply to already established
agreements subject to a term of thirty days after publication thereof.
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Before appealing to the courts, the parties are obliged to make every
effort to resolve the dispute by mutual agreement settle.
Latest version date: 17 February 2021