Terms and Conditions
Conditions of Use Festivus Media BV
These are the Conditions of Use (as defined below) of the private limited company Festivus Media BV, with its principal place of business at Bezuidenhoutseweg 161, The Hague, listed in the commercial register of the Chamber of Commerce under file reference number 60194235, which conditions apply to the use of the Platform and the Website, as defined below. We recommend carefully reading these Conditions of Use, along with our Privacy Statement, and any other terms specifically referred to in that document. familiarising yourself with your rights and obligations when using the Platform. These Conditions of Use constitute a legally binding agreement between you and Festivus Media BV in relation to your use of the Platform and the Website. If any of the aforementioned documents contain anything that you are not willing to agree to then you should not use the Platform or the Website.
Article 1. Definitions
1.1 In these Conditions of Use, the capitalised terms set out below have the following meaning:
- Account: the personal environment of the User within the Platform on which the User can place personal information and preferences, granting him access by means of his Login Details and which Profile is visible to other users of the Platform;
- Message: the digital, secured communications that can be exchanged between the User and other users of the Platform if he has full access to the Platform and which communications are visible for the User in his Account.
- Credit: the virtual value unit within the Platform, which the User obtains in accordance with the provisions in Article 4, and which Credits the User can use in order to gain full access to the Platform in order to send and read Messages, among other things;
- Content: all material published and sent on the Platform by the User from time to time, including but not limited to the Profile, Messages and other material;
- Service: the Entertainment service provided to the User by Festivus Media BV, as detailed in Article 3;
- Login Details: the combination of username and password, given by the User, giving the User access to the Account and enabling him to use the Platform;
- Intellectual Property Rights:all intellectual property rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, databank rights and neighbouring rights, as well as domain names and knowhow; and related rights
- Festivus Media BV: the legal entity with limited liability Festivus Media BV., with its registered office in Rijswijk (the Netherlands) and its principal place of business at Bezuidenhoutseweg 161, The Hague, listed in the commercial register of the Chamber of Commerce under file reference number 60194235;
- User: the natural person who created an Account, who has accepted these Conditions of Use and who can therefore use the Platform;
- Conditions of Use: these conditions of use of Festivus Media BV, which form a binding agreement between the User and Festivus Media BV;
- Party/Parties: Festivus Media BV and/or the User;
- Platform: the software application which has been developed by Festivus Media BV, which can be accessed via the Website and which can be used by the User after the latter has created an Account;
- Privacy Statement: the privacy statement of Festivus Media BV, which can be consulted on this website.
- Website: the website of Festivus Media BV, as well as all underlying pages, via which domain the User can gain access to the Platform.
Article 2. General
2.1 Festivus Media BV is entitled to change and/or supplement these Conditions of Use at all times. Changes to the Conditions of Use will be announced by e-mail or via the Platform and come into effect 14 days after having been announced. The most recent version of the Conditions of Use can be consulted via the Platform and on the Website. If the User continues to use the Platform after changes and/or supplements to these Conditions of Use, he thereby irrevocably accepts the changed and/or supplemented Conditions of Use. If the User does not agree with the changed and/or supplemented Conditions of Use, his only option is to terminate his Account in accordance with Article 12 and to remove his Account, after which the User can no longer use the Service.
2.2 The applicability of any purchase or other terms and conditions of the User is hereby explicitly excluded and such terms and conditions will therefore not bind Festivus Media BV.
2.3 If any provisions of the Conditions of Use are null and void or are declared void, the other provisions of the Conditions of Use will remain in full force. Festivus Media BV will replace the void or voided provisions with new provisions, duly observing the objective and purport of the void or voided provisions as closely as possible.
Article 3. The Service
3.1 The Service which Festivus Media BV provides to the User consists of the availability of the Platform, for which the User can create an Account. After having created this Account, the User can exchange Messages with other users, provided the User has enough Credits.
3.2 The main objective of the Service is to bring the User into contact with other users, enabling them to communicate with each other via the Platform.
3.3 It is not the objective of the Service to establish real-life contact between the User and other users of the Platform; the User is not banned from making such arrangements with other Users. Festivus Media BV therefore cannot guarantee in any way that such contact can indeed be established via the Platform.
3.4 Use of the Service is permitted only for Users who have reached the age of 18. By accepting these Conditions of Use and using the Service, you confirm that you are at least 18 years of age. If the User has not yet reached that age, if he cannot agree with the content of the Platform and/or resides outside the geographical area on which the Service focuses, the User must immediately stop using the Service and terminate his Account. If the User acts in violation of this article, Festivus Media BV has the right to immediately remove the User's Account, without refunding Credits of the User.
3.5 The User guarantees that all information he enters in his Account is correct, complete and up-to-date and that any changes to personal characteristics and/or preferences are immediately processed in the Account by the User.
3.6 The User is explicitly not permitted to create an Account in someone else's name or to create a fictitious Account. Festivus Media BV has the right to immediately remove such Accounts.
3.7 The User is at all times personally responsible for keeping his Login Details secret and the User is liable for all use made via his Login Details. As soon as the User knows or has reason to believe that his Login Details are held by unauthorised persons, he must notify Festivus Media BV accordingly by contacting Support@fesivusmedia.com, without prejudice to his own obligation to immediately take effective measures, such as changing his Login Details.
3.8 It is forbidden for the User to post contact details such as phone numbers, addresses, family names, URLs, e-mail addresses or other personal information. Festivus Media BV reserves the right to reject, modify, or delete any profile.
3.9 Festivus Media BV explicitly reserves the right to create profiles on the Platform and to send messages to the User on behalf of these accounts. By accepting these Conditions of Use, the User understands and accepts that some of the profiles on the Platform are therefore fictitious and they have been created only to exchange Messages with; real-life meetings are not possible for such Accounts.
3.10 Festivus Media BV makes every effort to provide the Service in a prudent and professional manner. The Service is at all times provided on the basis of an obligation to use best endeavours. The User therefore accepts that the Platform only contains the functionalities and other properties as he finds them on the Platform at the time of use (on an "as is" basis). Festivus Media BV therefore explicitly excludes explicit and implicit guarantees, promises and indemnifications of any nature with regard to the Platform and the Website.
3.11 Festivus Media BV is - without prior notification and without being obliged to pay compensation or being liable towards the User in any way - at all times entitled to change and/or (temporarily) terminate (the content of) the Service, an Account and/or the Platform and, without prior notification, to perform maintenance with regard to the Platform.
3.12 The User is personally responsible for the purchase and/or good functioning of the infrastructure and proper telecommunication facilities (including an Internet connection) required to be able to make use of the Service.
Article 4. Credits
4.1 In order to gain full access to the Platform, which among other things includes the option of sending and receiving Messages, the User must have Credits. When he creates his Account, the User receives a certain quantity of Credits, predetermined by Festivus Media BV, to get himself familiarised with the Platform. Festivus Media BV is entitled to change this initial quantity of Credits at any time and the User can therefore not derive any rights from a previous message received about this subject or from a quantity of Credits obtained by another user.
4.2 The User can purchase extra Credits via the Platform. The prices of these Credits are shown on the Website and can be adjusted by Festivus Media BV at any time. Please check the Website to confirm the price of Credits prior to purchase. The User must pay for the Credits immediately. The rates listed are always inclusive of VAT and other government levies. Your payment details and other information you choose to provide will be treated in accordance with our Privacy Statement. We also recommend that you familiarise yourself with the terms and conditions and privacy policies of any third party payment provider that you may use in order to purchase Credits.
4.3 The data held by Festivus Media BV is a deciding factor to determine the total amounts owed by the User for the purchase of the stated quantity of Credits, unless the User can demonstrate, supported by reasons, that this data is incorrect.
4.4 The quantity of Credits the User has is shown in the Account and no correspondence is entered into about this quantity.
4.5 If the User's Credits run out while sending a Message, the User has to purchase new Credits before the Message can be sent.
4.6 Credits that are spent during a (technical) breakdown on the side of the User are in principle not refunded. In the event of a (technical) breakdown at Festivus Media BV, the User can submit a written request for a refund of Credits that were spent as a result of that breakdown. In such cases, a refund will not be withheld on unreasonable grounds.
4.7 Purchased Credits lose their validity 12 months after they are purchased. When spending Credits, the Credits purchased earliest are spent before Credits purchased more recently.
Article 5. Right of Cancellation
5.1 Under European law the User has a legal right to cancel its contract for the purchase of Credits within fourteen (14) days after the date on which the Credits were purchased, except where the User agreed at the point of purchase that he will lose the right to cancel upon receipt of such Credits. The User acknowledges and accepts that the Credits are supplied directly by Festivus Media BV upon payment. The User also acknowledges and accepts that by using the Platform and purchasing Credits, the User is expressly consenting to forego the statutory right to cancel the purchase of such Credits. Any Credits cannot be converted into money. In any event, the withdrawal period will expire at the end of 14 days after the day on which the conclusion of the contract to purchase the Credits took place.
Article 6. Content
6.1 The User is not permitted to use content published on the Platform by other users, such as their profiles or messages, in a way that is not in line with the objective set out in Article 3.2 and/or for use other than personal use.
6.2 The User understands and accepts that the Content he publishes on the Platform can be seen by other users of the Platform and that it can be used by these users and Festivus Media BV does not accept any liability for such use.
6.3 The User is never permitted to publish or otherwise distribute content via the Platform, which content i) infringes or may infringe the rights of Festivus Media BV, other users of the Platform and/or a third party, including Intellectual Property Rights and rights in the field of privacy, ii) contains illegal content or refers to such content, iii) may harm the reputation of Festivus Media BV, iv) contains content of a defamatory, insulting, obscene, hurtful or violent nature, or otherwise is in violation of prevailing standards of decency, this at the discretion of Festivus Media BV, or v) is otherwise unlawful. The User is personally and fully responsible for all damage ensuing from violating this guarantee.
6.4 This Website or Service is for adult entertainment purposes; it is not our aim to bring physical appointments/contact between members. User is aware and agrees that we may use moderated and fictive profiles for online adult entertainment purposes. Festivus Media BV expressly reserves the right to send messages to this site by self-created profiles. Physical contact with these fictive profiles is not possible. Festivus Media BV denies itselves of all liability to the extent that is allowed by the law and assumes no warranty for any kind of damage or inconvenience caused by the Service.
6.5 Festivus Media BV reserves the right to refuse Content, such as the photo published by the User, if this is necessary in the opinion of Festivus Media BV, without this in any way constituting any right for the User to claim compensation and/or a refund, and/or liability of Festivus Media BV. Published Content will be removed from the Platform in accordance with the procedure set out in Article 11.
6.6 Users are urged to notify us of inappropriate Content. You acknowledge that such notification may take place and that we may take steps outlined in these Conditions of Use in respect of such information which comes to our attention.
Article 7. Privacy
7.1 When creating the Account and using the Platform, the User provides Festivus Media BV with personal details. These personal details will be processed in accordance with the Privacy Statement of Festivus Media BV and the applicable legislation. For more information about the collection and possible use of information and material provided by you, please click on the above link to our Privacy Statement. By using the Platform, you are consenting to the terms of our Privacy Statement.
7.2 You acknowledge and agree that Festivus Media BV may disclose information you provide if required to do so by law, at the request of a third party, or, if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process; (2) protect or defend Festivus Media BV’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm of violence against any person (including the User) is threatened.
7.3 If the User processes personal details of other users and/or a third party when using the Platform, the User is at all times personally responsible for such processing. The User guarantees that such processing is at all times undertaken in accordance with the applicable legislation and the User indemnifies Festivus Media BV against every third-party claim in that respect. By accepting these Conditions of Use, the User confirms that he will never use the contact details of other users of the Platform to send mailings or other undesirable messages, other than Messages via the Platform.
Article 8. Intellectual Property Rights
8.1 The Intellectual Property Rights that are connected to the Service, including in any case the Website and the Platform, as well as the information made accessible via the Website and Service, such as the texts, look-and-feel, template of the Account, video material, audio material, visual material or photographic material, with the exception of the Content, are exclusively vested in Festivus Media BV and/or its licensor or licensors. Nothing in these Conditions of Use serves to transfer any Intellectual Property Right.
8.2 Under the conditions stipulated in these Conditions of Use, Festivus Media BV grants the User a restricted, personal, revocable, non-exclusive, non-sub-licensable and non-transferrable right to access and use the Platform, in accordance with the objectives set out in these Conditions of Use.
8.3 The User retains the Intellectual Property Rights with regard to the Content it publishes. By publishing Content, the User automatically grants Festivus Media BV a free, worldwide, irrevocable, sub-licensable and transferable licence to publish and multiply this Content, insofar as this is required within the framework of offering the Service.
8.4 Festivus Media BV. operates a central members database, which is used over several websites. Users data may be shown on sites others than this Service. All sites are owned and operated by Festivus Media BV. Users data is stored in one database location that is controlled by Festivus Media BV.
8.5 The User is not permitted to sabotage or bypass any technical and/or organisational restrictive measures installed or otherwise integrated on the Platform by Festivus Media BV, in any way. If, by whatever means, Festivus Media BV concludes that the User has used the Platform without having purchased the appropriately required Credits, Festivus Media BV is entitled to charge a reasonable fee for such use, notwithstanding the other (legal) means available to Festivus Media BV in order to penalise such unauthorised use, such as blocking the Account and/or recovering the damage actually suffered.
8.6 The User is explicitly not permitted to download, copy or change materials subject to Intellectual Property Rights of Festivus Media BV, to subject them to reverse engineering, to publish them or to use them for any purpose other than the purposes set out in these Conditions of Use, unless Festivus Media BV has given its appropriate consent or if applicable law allows such use.
Article 9. Guarantees and indemnifications
9.1 The User understands and accepts the fact that the Service is merely a tool to bring the User into contact with other users of the Platform and Festivus Media BV can therefore not give any guarantee about any result, such as a relationship being established, or a real-life meeting between the User and another user.
9.2 Notwithstanding Article 3.8, Festivus Media BV will make an effort to reduce fictitious profiles, but it cannot exclude the existence of such profiles. The User understands and accepts the fact that Festivus Media BV has no influence over (the content of) accounts of other users of the Platform, other than after having received a notification as referred to in Article 11, and that these profiles merely reflect the opinion of this particular user. The User is personally responsible for any harm caused by the User having (been in) contact, or having concluded an agreement or undertaken another act with a fictitious profile.
9.3 Towards Festivus Media BV, the User is liable for and he fully indemnifies Festivus Media BV against all third-party claims, as well as the damage suffered and costs incurred by Festivus Media BV as a result of (i) an attributable failure of the User to comply with an agreement with Festivus Media BV, (ii) any act of the User when using the Service, (iii) an unlawful act committed by the User, or (iv) any other breach of these Conditions of Use. All costs incurred and damage suffered by Festivus Media BV in any way related with such claims will be compensated by the User.
9.4 Towards Festivus Media BV, the User guarantees that he is entitled to use the Service and that he will act in accordance with these Conditions for Use and all prevailing legislation.
9.5 The User understands and accepts the fact that Festivus Media BV has no influence over the websites of partners who publish advertisements and/or other manifestations with regard to the Platform and/or the Service of Festivus Media BV on their website and that these partners are fully and personally responsible and liable (and Festivus Media BV is not responsible or liable) for the content and correctness of these manifestations.
Article 10. Liability
10.1 The User is fully and personally responsible and liable for all use he makes of the Service and all acts undertaken by means of his Login Details - including publishing Content - as well as for all (consequences of) decisions made and/or legal acts undertaken by means of the Platform and he indemnifies Festivus Media BV against all third-party claims in that respect.
10.2 The liability of Festivus Media BV for an attributable failure to perform any agreement with the User, an unlawful act or any other act or omission by Festivus Media BV, its employees or third parties it has hired, is limited to the compensation of direct damage. The liability of Festivus Media BV with regard to direct damage per event (a series of connected events is regarded as a single event) does not exceed the total amount paid to Festivus Media BV by the User by virtue of the agreement during the six (6) calendar months preceding that event (exclusive of VAT). However, the total liability of Festivus Media BV will never exceed a sum of € 500.00 (exclusive of VAT).
10.3 "Direct damage" is only taken to mean:
- a. property damage;
- b. reasonable expenses which the User should have to incur in order to ensure that the performances of Festivus Media BV are in accordance with the agreement with Festivus Media BV;
- c. reasonable expenses, incurred by the User in order to determine the cause and the extent of the damage, insofar as the determination relates to direct damage within the meaning of the agreement with Festivus Media BV;
- d. reasonable costs, incurred in order to prevent or limit damage, insofar as the User can prove that these expenses have led to a reduction of direct damage within the meaning of the agreement with Festivus Media BV.
10.4 Festivus Media BV is not liable for damage other than direct damage as set out in Article 10.3, including consequential damage ensuing from or in connection with any agreement with Festivus Media BV, including, without limitation, lost profits, lost turnover, loss of expected savings and other similar financial losses, such as loss of goodwill or reputation or other occasional, indirect damage, or compensation by way of punishment or example, of whatever nature, regardless of whether the User has notified Festivus Media BV of such potential damage, compensation or loss.
10.5 A condition with regard to any right to compensation being created is that, each time, the User reports the damage to Festivus Media BV in writing within 60 days of it having arisen. The User's right to claim compensation under any agreement with Festivus Media BV, by virtue of an unlawful act or otherwise, in any case lapses one (1) year after the event took place, in connection with which the claim or proceedings were instigated.
Article 11. Reporting unlawful Content
11.1 Festivus Media BV is not liable for any damage in connection with the (unlawful) use of the Platform and Festivus Media BV does not monitor the Messages exchanged between the User and other users. Subject to the conditions set out below and after having received a relevant notification, Festivus Media BV will merely remove indisputably unlawful Content or stop an indisputably unlawful activity.
11.2 Festivus Media BV has set up a procedure under which the presence on or accessibility via the Platform of suspected unlawful material or suspected unlawful activities can be reported to Festivus Media BV. This can be done by sending an appropriate notification to the following e-mail address: email@example.com.
11.3 Festivus Media BV reserves the right not to honour a request to block Content or stop an activity, if it has good reason to doubt the correctness of the notification or the lawfulness of the evidence provided or if so demanded by a balancing of interests. Within that context, Festivus Media BV may demand a court ruling by a competent court in the Netherlands, which ruling proves that the Content or activity in question is indisputably unlawful.
11.4 Festivus Media BV will not, in any way, have to be a party to a dispute between the person making the notification and any third party.
11.5 The person making the notification indemnifies Festivus Media BV against every third-party claim in connection with the blocking or removal of material or activities being stopped. The indemnification also relates to all damage and costs incurred or to be incurred by Festivus Media BV or which it has to incur in connection with such a claim, including but not limited to compensation for the costs of legal aid.
11.6 Festivus Media BV respects and protects the privacy of the persons making such notifications. All personal information it receives within the framework of a notification will always be processed in accordance with the Data Protection Act 1998 and will only be used for the processing of the notification.
Article 12. Term and termination
12.1 The agreement between the Parties with regard to the use of the Platform is concluded for an indefinite period of time. The User can stop using the Service at any time and remove the Account, which terminates the agreement, subject to any payment obligations of the User. Any Credits which the User may still have when the Account is terminated will not be refunded.
12.2 In addition to the other (legal) means available to Festivus Media BV, Festivus Media BV is, when it believes there are sufficient grounds to do so, without having to state the reasons and without prior explanation, at all times entitled to (temporarily) restrict, suspend or disable the User's activities in connection with the Service, to temporarily or permanently remove the Account, to remove Content, to send a warning to end the service provision and to refuse to provide services, particularly but not only if:
- a.The User acts in violation of these Conditions of Use;
- b. Festivus Media BV is of the opinion that acts of the User can lead to damage or liability for himself, other users of the Platform, third parties or Festivus Media BV itself. Festivus Media BV excludes all liability in accordance with Article 10 as a result of this.
12.3 Upon termination of the agreement between the Parties for whatever reason, the User's right to use the Service immediately ends and access to the Service is denied with immediate effect. Upon termination, Festivus Media BV will remove the Account and/or Content published by the User. Festivus Media BV remains entitled to use all Content published on the Platform by the User, as stipulated in Article 8.3. After termination of the agreement, Festivus Media BV will however, on the User's demand, remove or anonymise all Content published on the Platform by the User. Festivus Media BV is not obliged to provide the User with any Content and/or to convert any Content after termination of the agreement.
Article 13. Miscellaneous
13.1 If any provision of these Conditions of Use shall be held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions of Use shall otherwise remain in full force and effect.
13.2 Festivus Media BV can transfer rights and obligations ensuing from these Conditions of Use to third parties and it will notify the User accordingly. If the User finds such transfer of obligations to a third party unacceptable, the User can stop using the Service and terminate his Account.
13.3 These Conditions of Use and all use of the Service are governed by the laws of the Netherlands.
13.4 All disputes between the User and Festivus Media BV are submitted to the competent court in the court district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to a different court.
13.5 If the User has any complaints about the Platform, please contact Festivus Media BV using the contact details provided below. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform by using the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Article 14. Contact us
The platform and Website are offered by Festivus Media BV., a private limited company incorporated under the laws of the Netherlands with its principal place of business at Bezuidenhoutseweg 161 in The Hague, listed in the commercial register of the Chamber of Commerce under file reference number 60194235. You may contact us by sending correspondence to the foregoing address or by emailing us at Support@festivusmedia.com